Visalia City Council
July 17, 2023

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
City Council
Meeting Agenda - Final
Mayor Brian Poochigian
Vice Mayor Brett Taylor
Council Member Emmanuel Hernandez Soto
Council Member Steve Nelsen
Council Member Liz Wynn
City Council Chambers7:00 PMMonday, July 17, 2023

ROLL CALL
CALL TO ORDER WORK SESSION - START TIME - 5:00 PM

PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome.

Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

WORK SESSION AND ACTION ITEMS (as described)

1. Consideration of and direction to authorize staff to initiate zoning ordinance updates to address required changes in response to state law requirements that become effective in January 2024 under Senate Bill (SB) 1186, and to hire a consultant through a sole source contract process to assist with the preparation of potential revisions to cannabis regulations in Visalia including preparing a potential tax measure for cannabis sales.
23-0261
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

ITEMS OF INTEREST

SPECIAL PRESENTATION / RECOGNITION

1 City Council Meeting Agenda - Final July 17, 2023

PUBLIC COMMENTS
This is the time for citizens to comment on subject matters that are not on the agenda and within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.

This is also the time for citizens to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar items and Regular or Public Hearing items listed on the agenda will be heard at the time that item is discussed or when the Public Hearing is opened.

Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

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

1. Authorization to read ordinances by title only. 23-0233

2. Authorize the City Manager to sign a contract extension with eVgo Services LLC to operate and maintain a multiport electric vehicle charging facility in the East Acequia parking structure at no cost to the City.
23-0195

3. Confirm acceptance and appropriate $183,590 of grant funds from the Senate Bill (SB) 1383 Local Assistance Grant Program for the purchase of green commercial recycling bins.
23-0259

4. Authorize the City Manager to award the contract for RFP 22-23-45 - Professional Services for Preparation of an Industrial Land Inventory Analysis to 4Creeks, Inc. for a total amount not to exceed $60,000 (Capital Improvement Project #CP0536).
23-0262

5. Authorize the City Manager to Award RFB 22-23-03 annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant B to Brightview Landscape Services, Inc., of Fresno, CA, $193,288.53 annually per specifications of RFB 22-23-03. 23-0276

6. Authorize the City Manager to Award RFB 22-23-09 annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant I to Brightview Landscape Services, Inc., of Fresno, CA, $171,701.81 annually per specifications of RFB 22-23-03. 23-0277

REGULAR ITEMS AND PUBLIC HEARINGS

2 City Council Meeting Agenda - Final July 17, 2023
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.

1. Public hearing for the diminishment of Williamson Act Agricultural Preserve No. 187 covering approximately 23.7 acres, as requested by the property owner. The project site is located on the north side of Ferguson Avenue, situated approximately 789 feet west of Demaree Street, within the City of Visalia (APN: 077-190-007).

Resolution 2023-27 required.
23-0264

2. Public hearing to conduct the second of two public hearings to amend the Measure N 10-year plan to convert one (1) Measure N Police Officer position for FY 2023/24 into two (2) Community Service Officer positions.
23-0265

3. Public hearing and consideration of the following actions related to the project located at 125 North Crenshaw Street, on the west side of North Crenshaw Street between West Mineral King Avenue and West Oak Avenue (APN: 085-130-002).

1. Certification of Initial Study / Negative Declaration No. 2022- 60 for Annexation No. 2022-06 and Crenshaw Tentative
Subdivision Map No. 5595 (Resolution No. 2023-28
required); and

2. Initiation of Proceedings for Annexation No. 2022-06 a request by AW Engineering, to annex a 6.77-acre parcel into the City Limits of Visalia; and

3. Authorize the detachment from County Service Area No. 1 in accordance with State and County requirements; and

4. Authorize the City Manager to sign and enter into a
Pre-Annexation Agreement (Resolution No. 2023-29
required).
23-0266

4. Review Ordinance No. 2022-09, which adopted the Visalia Police Department Military Equipment Use Policy, the 2023 Visalia Police Department AB 481 Annual Report, and adopt Resolution 2023-26, a resolution renewing the Visalia Police Department Military Equipment Use Policy and approving the continued use of the equipment described in the AB 481 Annual Report pursuant to Government Code Section 7070 et seq. and determine that approval of Resolution 2023-26 is not a project under CEQA. 23-0274

3 City Council Meeting Agenda - Final July 17, 2023

5. Public hearing and consideration of the following actions related to the project site located between South Lovers Lane and Road 148, just south of East Cherry Avenue (APN: 127-030-038):

1. Certification of Initial Study / Mitigated Negative Declaration No. 2023-30 for Annexation No. 2022-05 and Pearl Woods
Tentative Subdivision Map No. 5591 (Resolution No. 2023- 30 required); and

2. Initiation of Proceedings for Annexation No. 2022-05 a request by D.R. Horton to annex a 67.7-acre parcel into the City Limits of Visalia; and

3. Authorize the detachment from County Service Area No. 1 in accordance with State and County requirements; and

4. Authorize the City Manager to sign and enter into a
Pre-Annexation Agreement (Resolution No. 2023-31
required).
23-0267

6. Public Hearing and first reading of Ordinance 2023-06 revising Visalia Municipal Code Chapter 10.16.210 Parking Commercial Vehicles in Residential Districts. A Notice of Exemption was prepared for the ordinance amendment in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (Public Resources Code 21083). Notice of Exemption No. 2023-34 disclosed that the revisions to Section 10.16.210 will have no significant effect on the environment because the proposed ordinance will establish objective performance standards that regulate the parking of commercial vehicles in in residential zones.
23-0270

CLOSED SESSION REPORT

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

1. UPCOMING CITY COUNCIL MEETINGS:

Monday, August 07, 2023 @ 7:00 p.m. at 707 W. Acequia
Monday, August 21, 2023 @ 7:00 p.m. at 707 W. Acequia
If you have a disability and require a reasonable accommodation to fully participate in the meeting, please contact Michelle Nicholson, on or before Monday, July 17, 2023. to discuss your accessibility needs: 559-713-4512 or [email protected]
<mailto:[email protected]>.
23-0132

4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0261 Agenda Date: 7/17/2023 Agenda #: 1.

Agenda Item Wording:

Consideration of and direction to authorize staff to initiate zoning ordinance updates to address required changes in response to state law requirements that become effective in January 2024 under Senate Bill (SB) 1186, and to hire a consultant through a sole source contract process to assist with the preparation of potential revisions to cannabis regulations in Visalia including preparing a potential tax measure for cannabis sales.

Deadline for Action: 7/17/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Paul Bernal, Community Development Director, 559-713-4025, [email protected] <mailto:[email protected]>; Jim Koontz, City Attorney, 559-372-2400, [email protected] <mailto:[email protected]>;
Chief Jason Salazar, 559-713-4215, [email protected] <mailto:[email protected]>; Lieutenant Kevin Kroeze, 559-713-4036, [email protected] <mailto:[email protected]>;
Devon Jones, Economic Development Manager, 559-713-4190, [email protected] <mailto:[email protected]>.

Department Recommendation:

It is recommended the City Council approve the following:

1. Direct staff to initiate a zoning ordinance update to implement reasonable zoning regulations in response to SB 1186, and

2. Hire a consultant, via a sole source contract, to assist staff with the preparation of a potential local sales tax measure specifically for cannabis sales for the 2024 general election and to identify potential revisions to cannabis regulations in Visalia, including but not limited to:
a. Draft ordinance language in the event additional state mandates prevent local agencies from prohibiting commercial cannabis businesses from legally operating in the City of Visalia or in the event the City Council may decide to authorize commercial cannabis sales at a future date.
b. Draft a potential process criteria for selection of cannabis businesses. c. Consider additional zoning regulations based on other jurisdictions’provisions related to this matter.

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Background Discussion:

Senate Bill (SB) 1186, the “MedicinalCannabis Patients’Right of Access Act”was signed into law in late 2022. This state law, which becomes effective on January 1, 2024, will prohibit local agencies from enforcing any local regulations that prohibit the retail sale by delivery of medicinal cannabis.

After this date, “delivery only” (i.e., delivery of medicinal cannabis) businesses will be permitted, subject to reasonable zoning regulations for public health and safety, within the City of Visalia. This means that warehouse-based businesses could legally operate in the City of Visalia as long as they sold medicinal cannabis via delivery only (i.e., no retail store front).

Applicable local taxes can be charged under SB 1186, but no specific excise tax for cannabis currently exists within the city. At this time, when the law becomes effective on January 1, 2024, only the normal business license fees, at the same rate as other types of delivery businesses such as sales tax, could be charged. Given upcoming changes due to SB 1186 and further potential erosion of local control regarding cannabis sales within the State of California, staff is also seeking permission from Council to authorize the hiring of a consultant to draft a potential cannabis sales tax measure, which would be subject to review and approval by Council, and if authorized by Council, would be placed on the general election ballot in 2024 for consideration by the voters. The measure would not be proposing to legalize other types of cannabis sales. The tax would only authorize the City of Visalia to collect additional tax revenue from cannabis sales that state law has authorized to be conducted in Visalia or if the City Council at a later date decides to allow cannabis sales.

In addition, if the City Council desires, the consultant could assist staff with potential cannabis regulations and processes so the City would be ready in the event additional state mandates prevent local agencies from restricting other types of cannabis businesses. These potential updates would require separate approval to be implemented but would be prepared to provide the City with an outline of an ordinance, primarily a selection process, in case future state law modifications require local agencies to broadly allow cannabis sales but allow for restrictions in the number of businesses.

Business selection has been a contentious issue in other jurisdictions and City staff does not want to be unprepared if state law changes. Due to the potential time constraints of getting a sales tax measure on the 2024 general election ballot, staff’sdesire would be to use a sole source contract process to expedite the selection of a consultant to help in this effort.

Direction from Council is being sought as to potential ordinance changes to implement as a result of delivery only medicinal cannabis being allowed within the City of Visalia beginning January 1, 2024 under state law.

In 2016, California voters passed Proposition 64 which established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical cannabis. Proposition 64 also reserved the right to local jurisdictions the regulation of commercial adult-use cannabis.

Currently, Visalia Municipal Code Chapter 8.64 addresses the Public Use/Consumption of Medical Marijuana. Section 8.64.050 states that (A) “a medicinal marijuana dispensary…may not be established”,(C) “Commercialmarijuana activities are prohibited…” and (D) “Deliveryof marijuana is prohibited with the city regardless of whether the delivery is initiated within or outside of the city…”. It is noted that state law and regulations adopted by the California Department of Cannabis Control have made it clear that the City cannot prevent deliveries of marijuana within Visalia when the sales were made in jurisdictions that allow sales of cannabis by delivery and the delivery vehicles are following applicable state regulations. Sales taxes for cannabis in California are calculated based on Visalia City Council Printed on 7/14/2023Page 2 of 6
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following applicable state regulations. Sales taxes for cannabis in California are calculated based on the location of the seller, not the location of the buyer, as encouragement for the legalization of cannabis sales by local agencies.

On January 1, 2024, SB 1186 will take effect which will “prohibita local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction…”. SB 1186 also provides that “theact may be enforced by an action for writ of mandate brought by a medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party authorized by law.” This law partially negates the rights reserved to local jurisdictions under Proposition 64 to decide whether to allow cannabis businesses.

However, SB 1186 allows for local agencies to pass “reasonable zoning restrictions” and development conditions requirements on such delivery businesses to meet security, public health, and safety requirements. If directed by Council, City staff will begin working on preparing zoning ordinance amendments to allow for and regulate delivery only medical marijuana businesses.

Recommendations for such an amendment are listed in this staff report. The zoning ordinance updates in response to SB 1186 will be separately presented to the City Council later this year.

Applicable local taxes can be charged under SB 1186. For medical marijuana sales the statewide sales tax is not allowed but the statewide excise tax on marijuana is charged in addition to locally imposed excise taxes. City staff have begun researching the process to pass a local excise tax, and what an excise tax on marijuana sales could require since state law will be modifying the City’s current complete prohibition on marijuana sales.

The City has no separate excise tax applicable to marijuana. In consideration of potential additional state mandates, City staff are requesting authorization to hire a consultant to assist staff with the preparation of an excise tax on marijuana sales that could be presented at the next general election, which will occur in 2024. Any such tax measure would need separate approval by the City Council before it could be placed on the ballot. Staff is not seeking approval for this type of measure currently but is requesting authority to move forward with preparing a tax measure for review. If approved by voters, such a tax would allow the City to collect additional revenues from the retail sale of marijuana.

In addition, a consultant could assist staff with potential cannabis regulations so the City would be ready in case additional state mandates prevent local agencies from restricting other types of marijuana businesses.

General taxes must be approved by a majority vote during a regularly scheduled election. Special taxes must be approved by a two-thirds majority but can be passed during a regular or special election. Special taxes can be processed faster since they do not have to wait for a general election to be held, but by having the status as a “specialtax”the revenues, if the tax is approved, can only be used for specified purposes. General tax revenues can be used by local agencies as general fund revenue but the process for approval can be longer due to the need for the proposed tax to be first approved by the governing body and then placed on the ballot during a general election.

Cities can propose a tax (general or special) by ordinance, which requires first and second reading.

In addition, there must be at least 88 days between the date the ordinance is passed and the date of the election. This presents timing considerations for the November 2024 general election. For this reason, staff is recommending working with the Purchasing Department on a sole source contract Visalia City Council Printed on 7/14/2023Page 3 of 6
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reason, staff is recommending working with the Purchasing Department on a sole source contract with a qualified consultant instead of conducting a full Request for Proposals (RFP) process. Once a consultant is identified, staff will come back to Council for authority to execute the sole source contract and appropriate adequate funds from the general fund. City staff are recommending a consultant be hired for assistance since a consultant would have experience in the preparation of such items and will likely have some knowledge of what has worked well and not worked well in other jurisdictions.

Zoning Ordinance Recommendations
Below is a description of potential municipal code changes that staff will be considering when preparing a zoning ordinance update to allow for delivery-only medical marijuana sales as required by state law. These recommendations are based on requirements in other municipalities for marijuana businesses but additional or less restrictions could be considered. Staff is also continuing to research the requirements of SB 1186 to determine the types of requirements that can be required by local agencies on these types of businesses.

1. Staff will include modifications to portions of current municipal code Visalia Municipal Code Chapter 8.64 that broadly prohibit all commercial cannabis activities. These ordinances would be revised to reflect state law mandating that delivery only businesses that sell medical marijuana would be a permitted use, subject to applicable zoning requirements.

2. Update the zoning code matrix in Visalia Municipal Code chapter 17.25 of types of business uses in commercial mixed use, office, and industrial zones to include a category for delivery based medical marijuana businesses. In addition, the general provisions sections of the zoning ordinance would be updated to conform with the proposed additional ordinance allowing the designated types of marijuana businesses.

3. Propose specific provisions for the approval of delivery based medical marijuana businesses.

As discussed below this could be done in several ways:
a. Begin a separate municipal code chapter on marijuana businesses to specify what is permitted and that states all other commercial cannabis activities remain prohibited. b. Determine which zoning designations would be appropriate locations for delivery based medical marijuana businesses. If these businesses are considered similar to trucking/warehousing/internet fulfillment centers, then they would be allowed in Commercial Service, Industrial Zone, and Light Industrial Zone. c. City staff would recommend that this type of usage require a conditional use permit in the Commercial Service Zone but allowed as a permitted right in the Industrial Zone and Light Industrial Zone. In all zones these businesses would need to meet specific operational requirements.
d. The usage would not be permitted near existing or planned public or parochial elementary schools, middle schools, high schools, licensed day care facilities, libraries, parks, or other recreational facilities where minors congregate. In addition, these types of business would be required to be spaced apart geographically to avoid overly Visalia City Council Printed on 7/14/2023Page 4 of 6
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concentrating marijuana businesses in any specific areas within the city. e. Security plans, including cameras would be required for the site and the Visalia Police Department would be required to review and approve the security plans prior to the business being allowed to operate. Video cameras of all entrances, product storage area, building exterior, and parking area would be required as part of the security plan. f. A site plan of the proposed business would be required. g. Fencing, security gates, and block walls may be required as part of the security plan for the site.
h. The business would be required to be closed to the public. Sales would only be permitted by delivery.
i. Adequate parking for all employees and delivery vehicles must be provided onsite. j. Delivery vehicles must be inspected by City and obtain an operating permit prior to use and must meet all state requirements for cannabis delivery vehicles. k. Cultivation would not be permitted to occur onsite.
l. Background inspections of all owners and all drivers would be required for the business to operate.
m. Signage would be restricted to avoid attention to the business and to discourage the public from entering the premises.
n. The business would be required to prevent the smell of marijuana from the business from being detected on adjacent private properties and the public right of way. This would require an odor control plan be prepared and submitted to the City for approval.

Fiscal Impact:

The proposed consultant would be hired through a sole source contract conducted by City staff under applicable City of Visalia purchasing procedures and paid for out of the City General Fund. Staff will come back to Council for formal approval to execute sole source contract and appropriate funds from general fund.

Prior Council Action: N/A
Other: N/A
Alternatives:

The City Council may elect to direct staff to take no action, which would allow businesses under SB 1186 to operate as “byright”uses similar to other delivery only businesses with no other restrictions.

Such uses could include warehouse-based locations that conduct all sales by delivery only.

Recommended Motion (and Alternative Motions if expected):

I move to authorize staff to:

1. Initiate a Zoning Ordinance update to implement reasonable zoning regulations in response to Visalia City Council Printed on 7/14/2023Page 5 of 6
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1. Initiate a Zoning Ordinance update to implement reasonable zoning regulations in response to SB 1186, and

2. Hire a consultant through sole source contract process to assist staff with the preparation of a potential local sales tax measure specifically for cannabis sales for the 2024 general election and to identify potential revisions to cannabis regulations in Visalia, including potential process criteria for selection of cannabis businesses, or

3. (Alternatively) Hire a consultant through sole source contract process to assist staff with the preparation of potential local sales tax measure specifically for cannabis sales for the 2024 general election only.

Environmental Assessment Status:

The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(3) since the activity in question is not a “project”as defined in CEQA Guidelines Section 15378 since it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Furthermore, even if the resolution were to be determined to be a project, the resolution is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) since there is no reasonable possibility that the resolution or its implementation would have a significant effect on the environment.

CEQA Review:

The requested action is not a “project” under CEQA
Attachments:

1. PowerPoint Presentation

2. SB 1186
Visalia City Council Printed on 7/14/2023Page 6 of 6
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10 Senate Bill No. 1186
CHAPTER 395
An act to amend Section 26200 of, and to add Chapter 26 (commencing with Section 26320) to Division 10 of, the Business and Professions Code, relating to cannabis.
[Approved by Governor September 18, 2022. Filed with
Secretary of State September 18, 2022.]
legislative counsel’s digest
SB 1186, Wiener. Medicinal Cannabis Patients’ Right of Access Act.

Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the No vember 6, 1996, state wide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians ha ve the right to obtain and use marijuana for medical purposes, as specified, and e xempts from state criminal liability certain patients and their primary care givers who possess or culti vate marijuana for the personal medical purposes of the patient. Existing la w, known as the Medical Marijuana Program, establishes a v oluntary registration program for qualified medicinal cannabis patients and their primary caregivers through a statewide identification card system maintained by the State Department of Public Health and sets forth guidelines for the possession of medicinal cannabis.

The Control, Re gulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and re gulate the culti vation, processing, manuf acture, distribution, testing, and sale of nonmedical marijuana. AUMA reserved to a local jurisdiction specified powers regarding commercial adult-use cannabis activity, including adopting and enforcing local ordinances re gulating commercial adult-use cannabis acti vity. Existing la w, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and re gulation of commercial medicinal and adult-use cannabis acti vities, including the retail sale of medicinal cannabis.

This bill would enact the Medicinal Cannabis P atients’ Right of Access Act, which, on and after January 1, 2024, would prohibit a local jurisdiction from adopting or enforcing an y regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary care givers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary care givers in a timely and readily

90 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL

11 accessible manner and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, as specified. The bill, on and after January 1, 2024, would provide that the act may be enforced by an action for writ of mandate brought by a medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law.

This bill would incorporate additional changes to Section 26200 of the Business and Professions Code proposed by AB 2210 to be operative only if this bill and AB 2210 are enacted and this bill is enacted last.

To the e xtent this bill w ould impose additional duties on local jurisdictions, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill w ould pro vide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory pro visions noted above.

The people of the State of California do enact as follows:

SECTION 1. Section 26200 of the Business and Professions Code is amended to read:
26200. (a)  (1)  Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to re gulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, b usiness license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction.
(2)  Except as set forth in the Medicinal Cannabis P atients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this di vision shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.
(b)  This division shall not be interpreted to require the department to undertake local la w enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements.
(c)  A local jurisdiction shall notify the department upon re vocation of any local license, permit, or authorization for a licensee to eng age in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department shall be gin the process to determine 90 — 2 — Ch. 395

12 whether a license issued to the licensee should be suspended or re voked pursuant to Chapter 3 (commencing with Section 26030).
(d)  For f acilities issued a state license that are located within the incorporated area of a city , the city shall ha ve full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or an y county officer or employee, including a county health officer , without liability , cost, or expense to the county.
(e)  (1)  This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county f air event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary e vents of this nature, pro vided that the acti vities, at a minimum, comply with all the following:
(A)  The requirements of paragraphs (1) to (3), inclusive, of subdivision (g).
(B)  All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity.
(C)  The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses. (D)  A state temporary e vent license shall only be issued in local jurisdictions that authorize such events.
(E)  A licensee who submits an application for a state temporary e vent license shall, 60 days before the e vent, provide to the department a list of all licensees that will be pro viding onsite sales of cannabis or cannabis products at the e vent. If an y changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not eng age in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department. (2)  The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department go verning state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038.
(3)  The department may require the e vent and all participants to cease operations without delay if in the opinion of the department or local la w enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the e vent organizer to immediately e xpel from the e vent an y participant selling cannabis or cannabis products without a license from the department that 90 Ch. 395 — 3 —

13 authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4)  The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the e vent organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this di vision shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3). (5)  The smoking of cannabis or cannabis products at temporary e vents authorized pursuant to this subdi vision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (f)  This division, or an y regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city , county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(g)  Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allo w for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
(1)  Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older.
(2)  Cannabis consumption is not visible from an y public place or nonage-restricted area.
(3)  Sale or consumption of alcohol or tobacco is not allo wed on the premises.
(h)  This division shall not be interpreted to supersede Section 6404.5 of the Labor Code.

SEC. 1.5. Section 26200 of the Business and Professions Code is amended to read:
26200. (a)  (1)  Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to re gulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, b usiness license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction.
(2)  Except as set forth in the Medicinal Cannabis P atients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this di vision shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.
90 — 4 — Ch. 395

14 (b)  This division shall not be interpreted to require the department to undertake local la w enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements.
(c)  A local jurisdiction shall notify the department upon re vocation of any local license, permit, or authorization for a licensee to eng age in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department shall be gin the process to determine whether a license issued to the licensee should be suspended or re voked pursuant to Chapter 3 (commencing with Section 26030).
(d)  For f acilities issued a state license that are located within the incorporated area of a city , the city shall ha ve full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or an y county officer or employee, including a county health officer , without liability , cost, or expense to the county.
(e)  (1)  This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county f air event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary e vents of this nature, pro vided that the acti vities, at a minimum, comply with all the following:
(A)  The requirements of paragraphs (1) to (3), inclusive, of subdivision (g).
(B)  All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity.
(C)  The activities are otherwise consistent with regulations promulgated and adopted by the department go verning state temporary e vent licenses, except as otherwise provided in paragraphs (6), (7), and (8). (D)  A state temporary e vent license shall only be issued in local jurisdictions that authorize such events.
(E)  A licensee who submits an application for a state temporary e vent license shall, 60 days before the e vent, provide to the department a list of all licensees that will be pro viding onsite sales of cannabis or cannabis products at the e vent. If an y changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not eng age in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department. (2)  The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department go verning 90 Ch. 395 — 5 —

15 state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038.
(3)  The department may require the e vent and all participants to cease operations without delay if in the opinion of the department or local la w enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the e vent organizer to immediately e xpel from the e vent an y participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4)  The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the e vent organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this di vision shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3). (5)  The smoking of cannabis or cannabis products at temporary e vents authorized pursuant to this subdi vision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (6)  (A) All licensees who are issued a state temporary e vent license allowed pursuant to this subdivision may, upon completion or cessation of the temporary e vent, reconcile unsold in ventory of cannabis or cannabis products and return it to the licensee’s retail premises. (B)  All unsold in ventory of cannabis or cannabis products from the temporary event shall be noted in track and trace prior to transport. (C)  All unsold in ventory of cannabis or cannabis products from the temporary event shall be in its original packaging in which it w as placed pursuant to Chapter 12 (commencing with Section 26120). (7)  The inventory of cannabis or cannabis products authorized to be sold by a state temporary e vent license pursuant to this subdi vision shall only be transported to and from the temporary event by a licensed distributor or licensed microbusiness.
(8)  The department shall not den y an application for a state temporary event license pursuant to this subdivision solely on the basis that there is a license issued pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000)) for the proposed premises of the event.

Furthermore, the Department of Alcoholic Beverage Control shall not take any disciplinary action against a person licensed pursuant to the Alcoholic Beverage Control Act on the basis of a state temporary event license issued by the department to a licensee pursuant to this subdivision that utilizes the same premises as the person licensed pursuant to the Alcoholic Beverage Control Act.
90 — 6 — Ch. 395

16 (A)  All on- and of f-sale privileges of alcoholic be verages at the v enue shall be suspended for the day of the event and shall not resume until 6 a.m. on the day after the event has ended.
(B)  Alcohol consumption on the v enue premises shall be strictly prohibited for the day of the event and shall not resume until 6 a.m. on the day after the event has ended.
(f)  This division, or an y regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city , county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(g)  Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allo w for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
(1)  Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older.
(2)  Cannabis consumption is not visible from an y public place or nonage-restricted area.
(3)  Sale or consumption of alcohol or tobacco is not allo wed on the premises.
(h)  This division shall not be interpreted to supersede Section 6404.5 of the Labor Code.
(i)  This section does not alter or af fect the prohibition on the sale of alcoholic beverages by a licensee, as provided in Section 26054, on or at a venue premises licensed under this division.

SEC. 2. Chapter 26 (commencing with Section 26320) is added to Division 10 of the Business and Professions Code, to read:

Chapter 26. Medicinal Cannabis Patients’ Right of Access Act 26320. The Legislature finds and declares as follows:
(a)  Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom ph ysicians have recommended the use of cannabis or cannabis products. (b)  It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis.
26321. (a)  This act shall be known, and may be cited, as the Medicinal Cannabis Patients’ Right of Access Act.
(b)  For purposes of this chapter:
(1)  “Medicinal cannabis” means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.
90 Ch. 395 — 7 —

17 (2)  “Medicinal cannabis business” means a retailer authorized to engage in the retail sale by deli very of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.
(3)  “Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Di vision 2, or a qualified patient or primary caregiver for a qualified patient issued a v alid identification card pursuant to Section 11362.71 of the Health and Safety Code. (4)  “Regulation” means a local ordinance, regulation, policy, or practice. 26322. (a)  A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by deli very within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner , and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the ef fect of prohibiting the retail sale by delivery of medicinal cannabis:
(1)  The number of medicinal cannabis b usinesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2)  The operating hours of medicinal cannabis businesses. (3)  The number or frequency of sales by delivery of medicinal cannabis. (4)  The types or quantities of medicinal cannabis authorized to be sold by delivery.
(5)  The establishment of ph ysical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer , e xcept that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allo wed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established. (b)  Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1)  Zoning requirements that are not inconsistent with subdi vision (a).

If compliance with subdi vision (a) w ould otherwise require a local jurisdiction to authorize a ph ysical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement. (2)  Security or public health and safety requirements. (3)  Licensing requirements.
(4)  The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction. 90 — 8 — Ch. 395

18 (5)  Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division. (c)  Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce an y regulations on commercial cannabis operations other than retail sale by deli very of medicinal cannabis in the local jurisdiction.
(d)  This section shall become operative on January 1, 2024. 26323. (a)  This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of P art 3 of the Code of Ci vil Procedure by an y of the follo wing parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1)  A medicinal cannabis patient or their primary care giver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2)  A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
(3)  The Attorney General.
(4)  Any other party otherwise authorized by law.
(b)  This section shall not be construed to limit the a vailability of an y other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the a vailability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(c)  This section shall become operative on January 1, 2024. 26324. Nothing in this chapter shall be construed to limit or otherwise affect the ability or right of a local jurisdiction to regulate adult-use cannabis pursuant to Section 26200.
26325. This chapter addresses a matter of state wide concern and not a municipal af fair, as that term is used in Section 5 of Article XI of the California Constitution.

SEC. 3. Section 1.5 of this bill incorporates amendments to Section 26200 of the Business and Professions Code proposed by both this bill and Assembly Bill 2210. That section of this bill shall only become operati ve if (1) both bills are enacted and become ef fective on or before January 1, 2023, (2) each bill amends Section 26200 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 2210, in which case Section 1 of this bill shall not become operative.

SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

O
90 Ch. 395 — 9 —

19 CITY OF VISALIA
City Council Meeting
July 17, 2023
Item _
20 Consideration of and direction to authorize staff
to:

1. Hire a consultant through sole source
contract to assist with the preparation of a
potential tax measure for cannabis sales and
potential revisions to cannabis regulations in
Visalia

2. Initiate zoning ordinance updates to address
required changes due to state Senate Bill
1186
SB 1186 & CANNABIS
21 SB 1186
The “Medicinal Cannabis Patients’ Right of
Access Act”
- Signed into CA law in late 2022
- Effective on January 1, 2024
- Prohibits local agencies from enforcing any
local regulations prohibiting the retail sale
by delivery of medicinal cannabis
- “Delivery only” retail businesses will be
permitted, subject to reasonable zoning
regulations for public health and safety,
within the City of Visalia
22 SB 1186
Applicable local taxes can be charged under
SB 1186, but no specific excise tax for
cannabis currently exists within the city.

When law becomes effective the normal
business license fees could be charged.

E.g., Delivery vehicle only:
- Semi annual business tax of $85 for 1st vehicle and $47.50 for each additional or a business tax which is calculated on gross receipts at $.40 per thousand.

E.g., Retailer with delivery only facility in Visalia:
- Semi annual tax calculated at $.70 per $1,000 of gross receipts with a minimum of $38 and maximum of $998.50.
23 CANNABIS TAX MEASURE CONSULTANT
Staff is seeking authority from Council to hire
consultant to:
- Draft a potential cannabis sales tax
measure
- Which if authorized separately by Council,
would be placed on the 2024 general
election ballot
- Measure would not be proposing to legalize
other types of cannabis sales but rather
authorize the collection of local taxes if
cannabis sales were allowed in the City
24 CANNABIS TAX MEASURE CONSULTANT
The consultant may also identify potential
cannabis regulations to include:
- Outline of an ordinance
- A business selection process if applicable
- These potential regulations would require
separate approval to be implemented
Staff would recommend sole source contract
given time constraints to potentially add
general tax item on the November 2024
general election
25 SB 1186 ORDINANCE IMPLICATIONS
Direction from Council is needed to address
upcoming SB 1186 changes:
- Potential ordinance changes as a result of
delivery only medicinal cannabis being
allowed within the City as of Jan. 1, 2024
- “Reasonable zoning restrictions” and
development condition requirements
- If directed by Council, staff will prepare
ordinance amendments to allow for and
regulate delivery only medical marijuana
businesses
26 SB 1186 ORDINANCE IMPLICATIONS

1. Modify VMC Chapter 8.64 that broadly
prohibit all commercial cannabis activities

2. Update zoning code matrix in VMC chapter

17.25 of types of business uses by zone
and the general provisions sections to
conform with the proposed addition
allowing designated types of marijuana
businesses

27 SB 1186 ORDINANCE IMPLICATIONS
a. Separate chapter for marijuana businesses
b. Determination of appropriate zoning
designations for delivery based medical
marijuana businesses
c. Unless state law expressly prohibits, staff
would recommend requiring a conditional use
permit in the C-S zone and permitted by right
in the I and I-L zone
28 SB 1186 ORDINANCE IMPLICATIONS
d. Not permitted near schools, licensed day
care, libraries, parks, or other recreational
facilities where minors congregate
e. Security plans, including video cameras
would be required
f. A site plan of the proposed business would
be required
g. Fencing, security gates, and block walls
may be required as part of the security plan
h. Closed to the public (delivery only)
29 SB 1186 ORDINANCE IMPLICATIONS
i. Adequate parking for all employees and
delivery vehicles onsite
j. Delivery vehicles must be inspected by
City and obtain an operating permit prior to
use
k. Cultivation would not be permitted onsite.
l. Background inspections of all owners and
drivers required
m. Signage would be restricted
n. Odor control plan
30 1. Authorize staff to hire a consultant through
sole source contract to prepare a potential local
sales tax measure specifically for cannabis sales
for the 2024 general election and to identify
potential revisions to cannabis regulations in
Visalia, including potential process criteria for
selection of cannabis businesses, and;

2. Initiate a Zoning Ordinance update to
implement reasonable zoning regulations in
response to SB 1186.

STAFF RECOMMENDATION
31 QUESTIONS?
32 Source: CA Dept. of Cannabis Control - https://search.cannabis.ca.gov/retailers 33 Lemoore
Hanford
Goshen
Goshen
Tulare
Tulare
Parlier
Near Visalia
Farmersville
Farmersville
Woodlake
Woodlake
Fresno
Tulare
Near Visalia
34 Lemoore
FresnoLindsay
PortervilleFresno
Fresno
Fresno
Fresno
Fresno
Porterville
Fresno
Coalinga
35 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0233 Agenda Date: 7/17/2023 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Printed on 7/14/2023Page 1 of 1
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36 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0195 Agenda Date: 7/17/2023 Agenda #: 2.

Agenda Item Wording:

Authorize the City Manager to sign a contract extension with eVgo Services LLC to operate and maintain a multiport electric vehicle charging facility in the East Acequia parking structure at no cost to the City.

Deadline for Action: 7/17/2023
Submitting Department: Community Services
Contact Name and Phone Number: Donny MacLennan, Senior Maintenance Technician, 713- 4525; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] <mailto:[email protected]> Kelli Kincaid, Parks and Recreation Director 713-4042; [email protected] <mailto:[email protected]> Department Recommendation:

Staff recommends the Council authorize the City Manager to sign a contract extension with EVgo, to operate and maintain the multiport electric vehicle charging facility in the East Acequia parking structure at no cost to the City.

Background Discussion:

In 2012, the California Public Utilities Commission reached a $120 million settlement with NRG Energy (which acquired Dynegy) for long term power contracts Dynegy failed to fulfill during the California energy crisis in 2001. As part of that settlement NRG Energy agreed to pay for a statewide infrastructure of at least 200 electric vehicle fast charging stations.

As a result, NRG eVgo (NRG Energy’s vehicle charging subsidiary) has installed, operated and maintained vehicle charging equipment in the East Acequia Parking Structure at no cost to the City of Visalia since 2015. The installation included two DC Level 3 fast chargers and one Level 2 (220v) charger.

DC fast chargers can charge up to 150 miles of range per hour of charge, and Level 2 chargers can charge from 12 to 25 miles of range per hour. Given the nature of the traffic in that structure, use is expected to typically be relatively short term, while drivers visit nearby businesses. Users pay EVgo for charging using an EVgo fob or a credit card.

The installation was a complete “turn-key” project operated by EVgo. The City provided space for equipment and parking, access, and exclusivity for a period of 7 years. All costs, including electricity costs, have been covered by EVgo. At the end of the 7-year contract period, the license will automatically renew for successive one year periods, However the City would like to extend the agreement for a period of 5 years, unless either party gives notice of termination. At the end of the agreement EVgo will remove all improvements and return the area to its former condition.

The location of the installation is on the second floor of the East Acequia Parking Structure, in the northeast Visalia City Council Printed on 7/14/2023Page 1 of 2
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37 File #: 23-0195 Agenda Date: 7/17/2023 Agenda #: 2.
corner, as indicated on the attached drawing. The three northernmost parking spaces on the east wall are designated by signage as parking for “Electric Vehicle Charging Only” parking spaces. These spaces are currently unassigned. The City of Visalia will continue to maintain all parking enforcement duties in the structure.

The City’s Climate Action Plan includes the goal of facilitating increased public adoption of electric vehicle use as a means of decreasing greenhouse gas emissions (Proposed Community Measure #9). In order to encourage acquisition of electric vehicles by the public, it is necessary to develop a local public charging infrastructure that will allow commuters, visitors and residents to charge their vehicles when away from home. Given its proximity to the heart of downtown businesses and services, the East Acequia parking structure was identified as an ideal location for the City’s initial efforts at deploying local public charging infrastructure. Additionally, the installation of this charging infrastructure will help direct the increasing number of electric vehicle drivers to downtown Visalia, where they likely will shop and eat at local restaurants. The installation allows different speeds of vehicle charging to up to three vehicles at a time in the northwest corner of the second floor of the structure. Users will pay for the service at rates set by EVgo. EVgo pays for all operation and maintenance costs for the chargers, including all electricity used for charging during the term of the contract. The City’s participation is limited only to providing access, and the space required for the installation and use of the chargers.

Fiscal Impact:

No cost to the City of Visalia. All work and operational costs paid for by EVgo.

Prior Council Action: 10/19/2015 Council approved the agreement for procurement and installation of EVgo electric vehicle chargers. 9/8/14 Council adopted the Climate Action Plan Other: None
Alternatives: Council could vote to not authorize the City Manager to sign a contract extension with EVgo Services LLC to operate and maintain a multiport electric vehicle charging facility at no cost to the City.

Recommended Motion (and Alternative Motions if expected):

Staff moves to authorize the City Manager to sign a five (5) year contract extension with EVgo to operate and maintain a multiport electric vehicle charging facility in the east Acequia parking structure at no cost to the City.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Proposed Contract Agreement Extension Background Information Visalia City Council Printed on 7/14/2023Page 2 of 2
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38 EVgo Internal: P2610

FIRST AMENDMENT TO CHARGING LICENSE ACCESS AGREEMENT
This FIRST AMENDMENT TO CHARGING LICENSE ACCESS AGREEMENT (this “Amendment”), dated as of _______________________________ (the “Amendment Effective Date”), is between EVgo SERVICES LLC, a Delaware limited liability company (“EVgo”), and CITY OF VISALIA, a California municipality (“Host”).

RECTIALS
WHEREAS, Host and EVgo (formerly known as NRG EV SERVICES LLC d/b/a NRG eVgo) entered into the Charging Station License Agreement dated October 26, 2015 (the “Agreement”); and WHEREAS, Host Property is located at 300 E. Acequia Avenue, Visalia, CA 93291; and WHEREAS, the parties hereby desire to amend the Agreement as set forth herein.

NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, Host and EVgo agree to amend the Agreement as follows.

AMENDMENT

1. License Term. Article 2 Section 2.1(a) of the Agreement is hereby deleted in its entirety and replaced with the following:

a. The term ("Term") of the License shall commence on the Effective Date and, subject to the provisions of Section 2.2 below, end on July 22, 2028 (as extended from time to time, the "License Expiration Date"). The "Commencement Date" shall mean the date on which the Freedom Station is first operational.

2. Capitalized Terms. All capitalized terms used herein, but not defined herein, shall have the meanings given to them in the Agreement.

3. Remainder of Agreement Unaffected. Except as set forth herein, the Agreement shall remain unmodified and in full force and effect, and Host and EVgo do hereby ratify and confirm the Agreement, as modified and amended hereby. To the extent there is a conflict between the terms and conditions of the Agreement and this Amendment, this Amendment shall control. [Signature page to follow]
39 EVgo Internal: P2610

IN WITNESS HEREOF, this Amendment is executed as of the Amendment Effective Date.

CITY OF VISALIA,
a California municipality

By:

Name:

Title:

EVGO SERVICES LLC
a Delaware limited liability company

By:

Name:

Title:
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0259 Agenda Date: 7/17/2023 Agenda #: 3.

Agenda Item Wording:

Confirm acceptance and appropriate $183,590 of grant funds from the Senate Bill (SB) 1383 Local Assistance Grant Program for the purchase of green commercial recycling bins.

Deadline for Action: 7/19/2021
Submitting Department: Public Works
Contact Name and Phone Number: Jason Serpa, 559-713-4533, [email protected] Nick Bartsch, 559-713-4052, [email protected]
Department Recommendation: It is recommended that the City Council confirm acceptance and appropriate $183,590 of grant funds from the Senate Bill (SB) 1383 Local Assistance Grant Program funded by the Greenhouse Gas Reduction Fund from the Department of Resources Recycling and Recovery (CalRecycle).

Background Discussion:

In the State of California’s FY 2021-22 Budget Act, $60,000,000 was allocated to be used to provide grants to local jurisdictions to assist in the implementation of regulations adopted by the Department of Resources Recycling and Recovery. Senate Bill (SB) 1383 Lara, Statutes of 2016, set methane emissions reduction targets for California in a statewide effort to reduce emissions of short-lived climate pollutants.

The SB 1383 Local Assistance Grant Program provides funding to assist local jurisdictions meet the following requirements:
· Provide Organics collection services to all residents and businesses. · Conduct education and outreach to the community.
· Secure access to recycling and edible food recovery capacity. · Establish edible food recovery program.
· Procure recyclable and recovered organic products.
· Monitor compliance and conduct enforcement.

In April of 2022, City of Visalia Solid Waste staff were presented with an opportunity to apply for a CalRecycle Local Assistance Grant to assist with SB 1383 requirements. Due to these regulations, the City has purchased over 1,000 commercial green bins and spent over $750,000 on equipment alone to meet the requirements.

In May of 2023, the City was notified of an award in the amount of $183,590 for the proposed purchasing of green bins to continue the City’s efforts to reduce organics from going to the landfill. If Visalia City Council Printed on 7/14/2023Page 1 of 2
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58 File #: 23-0259 Agenda Date: 7/17/2023 Agenda #: 3.
approved, this grant will assist with additional green bin purchases needed for FY23-24 and FY24-25, and will add to the current annual budget amount for solid waste bin purchases of $330,000 and $331,000, respectively.

Fiscal Impact:

The grant awarded to the City of Visalia in the amount of $183,590 for SB 1383 requirements will be used to purchase green commercial bins that are, or will be needed throughout the City for the next 2 fiscal years. The funds will be allocated to the Solid Waste Enterprise Fund (441) and no General Fund money is requested for this program.

As stated above, the grant funds will be used specifically for green recycling bins in addition to the already existing annual budget for solid waste bin purchases. Because the price of steel fluctuates and the varying prices for different size bins, staff estimates that these funds will enable the Solid Waste Department to purchase an additional 200 bins over the next two fiscal years. Bins purchased will be used to expand recycling services or to replace obsolete green bins that are past their useful life.

Prior Council Action: None
Other: N/A
Alternatives: Decline the $183,590 grant and continue to use the Solid Waste Enterprise to fund the future purchases of green commercial bins.

Recommended Motion (and Alternative Motions if expected):

I move to confirm acceptance and appropriation of a $183,590 grant from the Senate Bill (SB) 1383 Local Assistance Grant Program funded by the Greenhouse Gas Reduction Fund from the Department of Resources Recycling and Recovery (CalRecycle).

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: CalRecycle Resolution for Signing Authority, Signed Request for Approval and Award, Grant Terms and Conditions
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Request for Approval
To: Zoe Heller
Deputy Director, Materials Management and Local Assistance Division

From: Michelle Martin
Branch Chief, Financial Resources Management Branch

Request Date: April 13, 2023

Decision Subject: Awards for the SB 1383 Local Assistance Grant Program, Third Round Funding (Greenhouse Gas Reduction Fund, Fiscal Year 2021–22)

Action By: April 20, 2023

Summary of Request
Staff requests approval of grant awards for the SB 1383 Local Assistance Grant Program (Program) for fiscal year (FY) 2021–22. Staff reviewed 20 eligible applications totaling $6,262,275 for third round funding.

Funding
The FY 2021–22 Budget Act allocated $60,000,000 to be used to provide grants to local jurisdictions to assist in the implementation of regulations adopted by the Department of Resources Recycling and Recovery pursuant to Chapter 395 of the Statutes of 2016; $3,000,000 (5 percent) has been allocated for administrative costs. Funds totaling $50,618,358 were awarded in previous cycles.

Table 1. Funding
Fund Source Amount
Available
Amount to
Fund Item
Amount
Remaining Line Item
Greenhouse Gas
Reduction Fund
(FY 2021–22)
$6,381,642 $6,033,858 $347,784 Local
Assistance/Grants

Background and Findings
Statutory Authority
Senate Bill (SB) 1383 Lara, Chapter 395, Statutes of 2016, set methane emissions reduction targets for California in a statewide effort to reduce emissions of short-lived climate pollutants.

SB 170 Budget Act of 2021 authorizes CalRecycle to award grants to local jurisdictions to assist in the implementation of programs to meet these statutory requirements.

Program Background
The SB 1383 Local Assistance Grant Program provides funding to assist local jurisdictions with meeting the requirements below:
• Provide organics collection services to all residents and businesses • Conduct education and outreach to the community
61

• Secure access to recycling and edible food recovery capacity • Establish edible food recovery program
• Procure recyclable and recovered organic products
• Monitor compliance and conduct enforcement

Criteria and Process
The Eligibility Criteria and Evaluation Process was approved by the Deputy Director on December 28, 2021, and presented at the January 2022 CalRecycle Monthly Public Meeting.

The Notice of Funds Available were placed on the CalRecycle website on January 4, 2022, with an appropriate notice sent to stakeholders. Applications were due February 1, 2022.

CalRecycle received 476 applications requesting $54,947,783. Staff reviewed the applications in accordance with the approved evaluation criteria; 393 applications met the application requirements and adopted their enforceable ordinance, or similarly enforceable mechanism, by April 1, 2022, and were therefore eligible for first round funding. One application was deemed ineligible and therefore disqualified. First round funding grants were awarded in April 2022.

The remaining 82 applications were moved to second round funding and were given a secondary due date of June 14th, 2022. Staff reviewed the applications in accordance with the approved evaluation criteria; 62 applications met the application requirements and adopted their enforceable ordinance, or similarly enforceable mechanism, and were eligible for second round funding. Second round funding grants were awarded in September 2022.

Staff reviewed the remaining 20 applications in accordance with the approved evaluation criteria and identified 14 applicants who are eligible for third round funding. These 14 applicants adopted an enforceable ordinance, or similarly enforceable mechanism, that met CalRecycle’s criteria.

The types of projects recommended for funding include: bins, education and outreach materials, recordkeeping subscriptions, compost procurement, and personnel and administrative costs.

Recommendation
Staff recommends approval of 14 grant awards as listed below for $6,033,858.

Table 2. Recommended Awards
Applicant Award Amount
Alpine County $20,000
City of Compton $129,212
City of Los Angeles $5,144,473
City of Nevada City $20,000
City of Redlands $94,312
City of Rio Dell $20,000
City of Shasta Lake $20,000
City of Visalia $183,590
El Dorado County $212,198
62

Applicant Award Amount
Kings County $44,192
Rancho Murieta Community Services District $20,000
Shasta County $85,881
Sunset Beach Sanitary District $20,000
Town of Paradise $20,000
Total Award $6,033,858

Deputy Director Actions
On the basis of the information and analysis in this Request for Approval and the findings set out herein, I hereby conditionally approve the grant awards for the SB 1383 Local Assistance Grant Program as listed in Table 2. Each proposed grantee’s award is subject to the following condition:
• The recommended grantee must pay all outstanding debts due to CalRecycle or bring current any outstanding payments owed to CalRecycle, within 60 days of the date of the award email.
• The recommended grantee must have a valid Resolution in place within 60 days of the date of the award email.
• The recommended grantee is responsible for submitting all outstanding documents required by CalRecycle during the application process, as well as those identified in the Application Guidelines and Instructions, prior to the release of funding.

___________________________ ____________________________ Zoe Heller Dated
Deputy Director

63 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 1 Exhibit A
Terms and Conditions

SB 1383 Local Assistance Grant Program
Fiscal Year 2021–22

The following terms used in this Grant Agreement (Agreement) have the meanings given to them below, unless the context clearly indicates otherwise:
• "CalRecycle" means the Department of Resources Recycling and Recovery. • "Director" means the Director of CalRecycle or his or her designee. • "Grant Agreement" and "Agreement" means all documents comprising the agreement between CalRecycle and the grantee for this grant. • "Grant Manager" means CalRecycle staff person responsible for monitoring the grant.
• "Grantee" means the recipient of funds pursuant to this Agreement. • "Program" means the SB 1383 Local Assistance Grant Program. • "State" means the State of California, including, but not limited to, CalRecycle and/or its designated officer.

Air or Water Pollution Violation
The grantee shall not be:
(a) In violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district. (b) Out of compliance with any final cease and desist order issued pursuant to Water Code Section 13301 for violation of waste discharge requirements or discharge prohibitions.
(c) Finally determined to be in violation of provisions of federal law relating to air or water pollution.

Amendment
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

Americans with Disabilities Act
The grantee assures the state that it complies with the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C.§ 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

64 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 2 Assignment, Successors, and Assigns
(a) This Agreement may not be assigned by the grantee, either in whole or in part, without CalRecycle’s prior written consent.
(b) The provisions of this Agreement shall be binding upon and inure to the benefit of CalRecycle, the grantee, and their respective successors and assigns.

Audit/Records Access
The grantee agrees that CalRecycle, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment date or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The grantee agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the grantee agrees to include a similar right of the State to audit records and interview staff in any contract or subcontract related to performance of this Agreement.

[It may be helpful to share the Terms and Conditions (Exhibit A) and Procedures and Requirements (Exhibit B) with your finance department, contractors and subcontractors.

Examples of audit documentation include, but are not limited to: expenditure ledger, payroll register entries and time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts, change orders, invoices, and/or cancelled checks.]

Authorized Representative
The grantee shall continuously maintain a representative vested with signature authority authorized to work with CalRecycle on all grant-related issues. The grantee shall, at all times, keep the Grant Manager informed as to the identity and contact information of the authorized representative.

Availability of Funds
CalRecycle's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for this grant.

Bankruptcy/Declaration of Fiscal Emergency Notification If the grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code (11 U.S.C. §901 et seq.) or declares a fiscal emergency at any time during the Grant Term, the grantee shall notify CalRecycle within 15 days of such filing or declaration, pursuant to the procedures set forth in the section entitled “Communications” herein.

65 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 3 Charter Cities
If the grantee is a charter city, a joint powers authority that includes one or more charter cities, or the regional lead for a regional program containing one or more charter cities, the grantee shall not receive any grant funding if such funding is prohibited by Labor Code section 1782. If it is determined that Labor Code section 1782 prohibits funding for the grant project, this Agreement will be terminated and any disbursed grant funds shall be returned to CalRecycle.

Child Support Compliance Act
For any agreement in excess of $100,000, the grantee acknowledges that:
(a) The grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code Section 5200 et seq.
(b) The grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees, and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

Communications
All communications from the grantee to CalRecycle shall be directed to the Grant Manager. All notices, including reports and payment requests, required by this Agreement shall be given in writing by email, letter, or fax to the Grant Manager as identified in the Procedures and Requirements (Exhibit B). If an original document is required, prepaid mail or personal delivery to the Grant Manager is required following the email or fax.

Compliance
The grantee shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits. The grantee shall provide evidence, upon request, that all local, state, and/or federal permits, licenses, registrations, and approvals have been secured for the purposes for which grant funds are to be expended. The grantee shall maintain compliance with such requirements throughout the Grant Term. The grantee shall ensure that the requirements of the California Environmental Quality Act are met for any approvals or other requirements necessary to carry out the terms of this Agreement. The grantee shall ensure that all of grantee’s contractors and subcontractors have all local, state, and/or federal permits, licenses, registrations, certifications, and approvals required to perform the work for which they are hired. Any deviation from the requirements of this section shall result in non- payment of grant funds.

Conflict of Interest
The grantee needs to be aware of the following provisions regarding current or former state employees. If the grantee has any questions on the status of any person 66 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 4 rendering services or involved with this Agreement, CalRecycle must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code, § 10410):
(a) No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment. (b) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code, § 10411):
(a) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
(b) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the twelve month period prior to his or her leaving state service.

If the grantee violates any provisions of above paragraphs, such action by the grantee shall render this Agreement void. (Pub. Contract Code, § 10420).

Contractors/Subcontractors
The grantee will be entitled to make use of its own staff and such contractors and subcontractors as are mutually acceptable to the grantee and CalRecycle. Any change in contractors or subcontractors must be mutually acceptable to the parties.

Immediately upon termination of any such contract or subcontract, the grantee shall notify the Grant Manager.

Nothing contained in this Agreement or otherwise, shall create any contractual relation between CalRecycle and any contractors or subcontractors of grantee, and no agreement with contractors or subcontractors shall relieve the grantee of its responsibilities and obligations hereunder. The grantee agrees to be as fully responsible to CalRecycle for the acts and omissions of its contractors and subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the grantee. The grantee's obligation to pay its contractors and subcontractors is an independent obligation from CalRecycle’s obligation to make payments to the grantee. As a result, CalRecycle shall have no obligation to pay or to enforce the payment of any moneys to any contractor or subcontractor.

Copyrights
Grantee retains title to any copyrights or copyrightable material produced pursuant to this Agreement. grantee hereby grants to CalRecycle a royalty-free, nonexclusive, 67 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 5 transferable, world-wide license to reproduce, translate, and distribute copies of any and all copyrightable materials produced pursuant this Agreement, for nonprofit, non- commercial purposes, and to have or permit others to do so on CalRecycle’s behalf.

Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to CalRecycle pursuant to this section.

Corporation Qualified to do Business in California
When work under this Agreement is to be performed in California by a corporation, the corporation shall be in good standing and currently qualified to do business in the State. "Doing business" is defined in Revenue and Taxation Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.

Discharge of Grant Obligations
The grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by CalRecycle. If the grantee is a non-profit entity, the grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to CalRecycle.

Disclaimer of Warranty
CalRecycle makes no warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, regarding the materials, equipment, services or products purchased, used, obtained and/or produced with funds awarded under this Agreement, whether such materials, equipment, services or products are purchased, used, obtained and/or produced alone or in combination with other materials, equipment, services or products. No CalRecycle employees or agents have any right or authority to make any other representation, warranty or promise with respect to any materials, equipment, services or products, purchased, used, obtained, or produced with grant funds. In no event shall CalRecycle be liable for special, incidental or consequential damages arising from the use, sale or distribution of any materials, equipment, services or products purchased or produced with grant funds awarded under this Agreement.

Discretionary Termination
The Director shall have the right to terminate this Agreement at his or her sole discretion at any time upon 30 days written notice to the grantee. Within 45 days of receipt of written notice, grantee is required to:
(a) Submit a final written report describing all work performed by the grantee. (b) Submit an accounting of all grant funds expended up to and including the date of termination.
(c) Reimburse CalRecycle for any unspent funds.

Disputes
In the event of a dispute regarding performance under this Agreement or interpretation of requirements contained therein, the grantee may, in addition to any other remedies 68 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 6 that may be available, provide written notice of the particulars of such dispute to the Branch Chief of Financial Resources Management Branch, Department of Resources Recycling and Recovery, PO Box 4025, Sacramento, CA 95812-4025. Such written notice must contain the grant number.

Unless otherwise instructed by the Grant Manager, the grantee shall continue with its responsibilities under this Agreement during any dispute.

Drug-Free Workplace Certification
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California, that the grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and will provide a drug-free workplace by taking the following actions:
(a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions that will be taken against employees for violations. (b) Establish a drug-free awareness program to inform employees about all of the following:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintaining a drug-free workplace. (3) Any available counseling, rehabilitation, and employee assistance programs. (4) Penalties that may be imposed upon employees for drug abuse violations. (c) Require that each employee who works on the grant:
(1) Receive a copy of the drug-free policy statement of the grantee. (2) Agrees to abide by the terms of such statement as a condition of employment on the grant.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future State agreements if CalRecycle determines that the grantee has made a false certification, or violated the certification by failing to carry out the requirements as noted above.

Effectiveness of Agreement
This Agreement is of no force or effect until signed by both parties.

Entire Agreement
This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

Environmental Justice
In the performance of this Agreement, the grantee shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state.

69 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 7 Failure to Perform as Required by this Agreement
CalRecycle will benefit from the grantee's full compliance with the terms of this Agreement only by the grantee's:
(a) Investigation and/or application of technologies, processes, and devices which support reduction, reuse, and/or recycling of wastes.
(b) Cleanup of the environment.
(c) Enforcement of solid waste statutes and regulations, as applicable.

Therefore, the grantee shall be in compliance with this Agreement only if the work it performs results in:
(a) Application of information, a process, usable data or a product which can be used to aid in reduction, reuse, and/or recycling of waste.
(b) The cleanup of the environment.
(c) The enforcement of solid waste statutes and regulations, as applicable.

If the Grant Manager determines that the grantee has not complied with the Grant Agreement, the grantee may forfeit the right to reimbursement of any grant funds not already paid by CalRecycle, including, but not limited to, the 10 percent withhold.

Force Majeure
Neither CalRecycle nor the grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by CalRecycle or the grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

Forfeit of Grant Funds/Repayment of Funds Improperly
Expended
If grant funds are not expended, or have not been expended, in accordance with this Agreement, or if real or personal property acquired with grant funds is not being used, or has not been used, for grant purposes in accordance with this Agreement, the Director, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the 10 percent withhold, and/or to repay to CalRecycle any funds improperly expended.

Generally Accepted Accounting Principles
The grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

Grant Manager
The Grant Manager’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to CalRecycle pursuant to this Agreement. The Grant Manager may monitor grantee performance to ensure that the grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Manager does not have the authority to approve any deviation from or revision to the Terms and Conditions 70 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 8 (Exhibit A) or the Procedures and Requirements (Exhibit B), unless such authority is expressly stated in the Procedures and Requirements (Exhibit B).

Grantee Accountability
The grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to CalRecycle, the grantee is responsible for repayment of the funds to CalRecycle.

Grantee's Indemnification and Defense of the State
The grantee agrees to indemnify, defend and save harmless the state and CalRecycle, and their officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the grantee as a result of the performance of this Agreement.

Grantee's Name Change
A written amendment is required to change the grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change, CalRecycle will process the amendment. Payment of Payment Requests presented with a new name cannot be paid prior to approval of the amendment.

In Case of Emergency
In the event of an emergency, or where there is an imminent threat to public health and safety or the environment, the grantee may choose, at its own risk, to incur grant- eligible expenses not previously included in the approved Budget, subject to subsequent approval by the Grant Manager of both the Budget change and the need to implement the Budget change on an emergency basis. The grantee shall notify the Grant Manager of the emergency and the Budget change at the earliest possible opportunity. CalRecycle reserves the right to accept or reject the grantee’s determination that the circumstances constituted an emergency or a threat to public health and safety or the environment. If the Grant Manager determines that the circumstances did not constitute an emergency or a threat to public health or safety, the Budget change will be disallowed.

No Agency Relationship Created/Independent Capacity
The grantee and the agents and employees of grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of CalRecycle.

71 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 9 No Waiver of Rights
CalRecycle shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by CalRecycle. No delay or omission on the part of CalRecycle in exercising any rights shall operate as a waiver of such right or any other right. A waiver by CalRecycle of a provision of this Agreement shall not prejudice or constitute a waiver of CalRecycle’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by CalRecycle, nor any course of dealing between CalRecycle and grantee, shall constitute a waiver of any of CalRecycle’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of CalRecycle is required under this Agreement, the granting of such consent by CalRecycle in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of CalRecycle.

Non-Discrimination Clause
(a) During the performance of this Agreement, grantee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment on the bases enumerated in Government Code Section 12900 et seq.
(b) The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California that the grantee has, unless exempted, complied with the nondiscrimination program requirements (Gov. Code, § 12990, subd. (a-f) and California Code of Regulations, Title 2, Section 8103). (Not applicable to public entities.)

Order of Precedence
The performance of this grant shall be conducted in accordance with the Terms and Conditions (Exhibit A), Procedures and Requirements (Exhibit B), Project Summary/Statement of Use, Work Plan, and Budget of this Agreement, or other combination of Exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”). Grantee’s CalRecycle-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
(a) Grant Agreement Coversheet and any Amendments thereto (b) Terms and Conditions
(c) Procedures and Requirements
(d) Project Summary/Statement of Use
(e) Budget
(f) Work Plan
(g) Grantee’s Application
(h) All other attachments hereto, including any that are incorporated by reference.

Ownership of Drawings, Plans and Specifications
The grantee shall, at the request of CalRecycle or as specifically directed in the Procedures and Requirements (Exhibit B), provide CalRecycle with copies of any data, drawings, design plans, specifications, photographs, negatives, audio and video 72 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 10 productions, films, recordings, reports, findings, recommendations, and memoranda of every description or any part thereof, prepared under this Agreement. Grantee hereby grants to CalRecycle a royalty-free, nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies of any and all such materials produced pursuant to this Agreement, for nonprofit, non-commercial purposes, and to have or permit others to do so on CalRecycle’s behalf.

Payment
(a) The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Work Plan, if applicable, which is attached hereto and incorporated herein by this reference. CalRecycle shall reimburse the grantee for only the work and tasks specified in the Work Plan or the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement. (b) The grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget, and shall obtain the Grant Manager’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application or the approved Budget prior to performing the changed work or incurring the changed cost. If the grantee fails to obtain such prior written approval, the Director, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. (c) The grantee shall request reimbursement in accordance with the procedures described in the Procedures and Requirements (Exhibit B). (d) Ten percent will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld pursuant to CalRecycle’s 10 percent) retention policy. (e) Lodgings, Meals and Incidentals: Grantee’s Per Diem eligible costs are limited to the amounts authorized in the California State Administrative Manual (contact the Grant Manager for more information).
(f) Payment will be made only to the grantee.
(g) Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements (Exhibit B).

Personnel Costs
If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel expenditures to be reimbursed with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for his or her regular job duties, including a proportionate share of any benefits to which the employee is entitled, unless otherwise specified in the Procedures and Requirements (Exhibit B).

Real and Personal Property Acquired with Grant Funds
(a) All real and personal property, including equipment and supplies, acquired with grant funds shall be used by the grantee only for the purposes for which CalRecycle 73 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 11 approved their acquisition for so long as such property is needed for such purposes, regardless of whether the grantee continues to receive grant funds from CalRecycle for such purposes. In no event shall the length of time during which such property, including equipment and supplies, acquired with grant funds, is used for the purpose for which CalRecycle approved its acquisition be less than five (5) years after the end of the grant term, during which time the property, including equipment and supplies, must remain in the State of California.
(b) Subject to the obligations and conditions set forth in this section, title to all real and personal property acquired with grant funds, including all equipment and supplies, shall vest upon acquisition in the grantee. The grantee may be required to execute all documents required to provide CalRecycle with a security interest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this grant that CalRecycle shall be in first priority position with respect to the security interest on any such property acquired with the grant funds, unless pre- approved in writing by the Grant Manager that CalRecycle will accept a lower priority position with respect to the security interest on the property. Grantee shall inform any lender(s) from whom it is acquiring additional funding to complete the property purchase of this grant condition.
(c) The grantee may not transfer Title to any real or personal property, including equipment and supplies, acquired with grant funds to any other entity without the express authorization of CalRecycle.
(d) CalRecycle will not reimburse the grantee for the acquisition of equipment that was previously purchased with CalRecycle grant funds, unless the acquisition of such equipment with grant funds is pre-approved in writing by the Grant Manager. In the event of a question concerning the eligibility of equipment for grant funding, the burden will be on the grantee to establish the pedigree of the equipment.

Reasonable Costs
A cost is reasonable if, in its nature or amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. Consideration will be given to:
(a) Whether the cost is of a type generally recognized as ordinary and necessary for the performance of the grant.
(b) The restraints or requirements imposed by such factors as generally accepted sound business practices, arms-length bargaining, federal and state laws and regulations, and the terms and conditions of this Agreement.
(c) Whether the individuals concerned acted with prudence in the circumstances, considering their responsibilities to the organization, its members, employees, clients, and the public at large.
(d) Significant deviations from the established practices of the organization which may unjustifiably increase the grant costs.

Recycled-Content Paper
All documents submitted by the grantee must be printed double-sided on recycled- content paper containing 100 percent post-consumer fiber. Specific pages containing full color photographs or other ink-intensive graphics may be printed on photographic paper.

74 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 12 Reduction of Waste
In the performance of this Agreement, grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

Reduction of Waste Tires
Unless otherwise provided for in this Agreement, in the performance of this Agreement, for all purchases made with grant funds, including, but not limited to equipment and tire- derived feedstock, the grantee shall purchase and/or process only California waste tires and California waste tire-derived products. As a condition of final payment under this Agreement, the grantee must provide documentation substantiating the source of the tire materials used during the performance of this Agreement to the Grant Manager.

Reimbursement Limitations
Under no circumstances shall the grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other CalRecycle funded program.

All costs charged against the Agreement shall be net of all applicable credits. The term “applicable credits” refers to those receipts or reductions of expenditures that operate to offset or reduce expense items that are reimbursable under this Agreement. Applicable credits may include, but are not necessarily limited to, rebates or allowances, discounts, credits toward subsequent purchases, and refunds. Grantee shall, where possible, deduct the amount of the credit from the amount billed as reimbursement for the cost, or shall deduct the amount of the credit from the total billed under a future invoice.

Reliable Contractor Declaration
Prior to authorizing any contractor or subcontractor to commence work under this Grant, the grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle 168) from the contractor or subcontractor, signed under penalty of perjury, disclosing whether of any of the events listed in Section 17050 of Title 14, California Code of
Regulations, Natural Resources (https://www.calrecycle.ca.gov/laws/regulations/title14), Division 7, has occurred with respect to the contractor or subcontractor within the preceding three (3) years. If a contractor is placed on CalRecycle’s Unreliable List after award of this Grant, the grantee may be required to terminate that contract.

Remedies
Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy.

75 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 13 Self-Dealing and Arm’s Length Transactions
All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s-length transactions and not the result of, or motivated by, self-dealing on the part of the grantee or any employee or agent of the grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

Severability
If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting any other provision of this Agreement. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms.

Site Access
The grantee shall allow the state to access sites at which grant funds are expended and related work being performed at any time during the performance of the work and for ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved.

Stop Work Notice
Immediately upon receipt of a written notice from the Grant Manager to stop work, the grantee shall cease all work under this Agreement.

Termination for Cause
CalRecycle may terminate this Agreement and be relieved of any payments should the grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, CalRecycle may proceed with the work in any manner deemed proper by CalRecycle. All costs to CalRecycle shall be deducted from any sum due the grantee under this Agreement. Termination pursuant to this section may result in forfeiture by the grantee of any funds retained pursuant to CalRecycle’s 10 percent retention policy.

Time is of the Essence
Time is of the essence to this Agreement.

Tolling of Statute of Limitations
The statute of limitations for bringing any action, administrative or civil, to enforce the terms of this Agreement or to recover any amounts determined to be owing to 76 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 14 CalRecycle as the result of any audit of the grant covered by this Agreement shall be tolled during the period of any audit resolution, including any appeals by the grantee to the Director.

Union Organizing
By signing this Agreement, the grantee hereby acknowledges the applicability of Government Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and hereby certifies that:
(a) No grant funds disbursed by this grant will be used to assist, promote, or deter union organizing by employees performing work under this Agreement. (B) If the grantee makes expenditures to assist, promote, or deter union organizing, the grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that grantee shall provide those records to the Attorney General upon request.

Venue/Choice of Law
(a) All proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder shall be held in Sacramento County, California. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California. (b) The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder.

Waiver of Claims and Recourse against the State
The grantee agrees to waive all claims and recourse against the state, its officials, officers, agents, employees, and servants, including, but not limited to, the right to contribution for loss or damage to persons or property arising out of, resulting from, or in any way connected with or incident to this Agreement. This waiver extends to any loss incurred attributable to any activity undertaken or omitted pursuant to this Agreement or any product, structure, or condition created pursuant to, or as a result of, this Agreement.

Work Products
Grantee shall provide CalRecycle with copies of all final products identified in the Work Plan. Grantee shall also provide CalRecycle with copies of all public education and advertising material produced pursuant to this Agreement.

Workers’ Compensation/Labor Code
The grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

77 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0262 Agenda Date: 7/17/2023 Agenda #: 4.

Agenda Item Wording:

Authorize the City Manager to award the contract for RFP 22-23-45 - Professional Services for Preparation of an Industrial Land Inventory Analysis to 4Creeks, Inc. for a total amount not to exceed $60,000 (Capital Improvement Project #CP0536).

Deadline for Action: 7/17/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Devon Jones, Economic Development Manager, [email protected] <mailto:[email protected]>, (559) 713-4190
Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Authorize the City Manager to award the contract for RFP 22-23-45 - Professional Services for Preparation of an Industrial Land Inventory Analysis to 4Creeks, Inc. for a total amount not to exceed $60,000 (Capital Improvement Project #CP0536).

Background Discussion:

A key component of the Visalia 2030 General Plan’seconomic development strategy is industrial development and corresponding job growth. The General Plan’sEconomic Development Land Use Objective #1 (LU-O-1) is, “MaintainVisalia’srole as the regional commercial and industrial center for Tulare, Kings and southern Fresno counties.” Industrial sector job development is critical as these are "basic” or “primary”jobs. In economic development terms, basic jobs are those that make products or services that are consumed outside of the community, thereby generating “new”wealth for local workers and local service or retail sectors. Because Visalia’sjobs mainly come from the services, industrial, and retail sectors, prioritizing industrial job development best leverages the City’s economic development efforts to realize a growing, diversified local economy.

As the City strives to be a “developmentpartner”through its various General Plan elements, this also means the City needs to strive to provide an adequate supply of available sites for industrial job development. At this time, industrial development and land acquisition activity has accelerated quite rapidly and while there is still considerable vacant land to be developed for industrial uses, available land for purchase is diminishing. With the expansion of larger speculative industrial spaces in the Visalia Industrial Park primarily for warehousing, distribution, and e-commerce, interest in industrial investment in Visalia appears to be at an all-time high. It is also time to conduct an analysis to see where the next phase of available industrial sites should be located.

Request for Proposals #22-23-45 was conducted for Capital Improvement Project #CP0536 which seeks the completion of an Industrial Land Inventory Analysis (ILIA) to assess the supply of industrial zoned land, market potential, and identification of possible properties to plan for future industrial land use and necessary infrastructure considerations now and in the future. Ideally, the analysis will also Visalia City Council Printed on 7/14/2023Page 1 of 3
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78 File #: 23-0262 Agenda Date: 7/17/2023 Agenda #: 4.
use and necessary infrastructure considerations now and in the future. Ideally, the analysis will also identify, or be used to identify potential industrial tenants that could be attracted to Visalia. The ILIA will aid the City in increasing its supply of industrial land to accommodate future development such that it does not become a barrier to growth.
4Creeks, Inc. was the sole respondent to RFP 22-23-45 and has been selected for award of this contract. 4Creeks, Inc., and their Project Team, which includes project partners Topograph and Economic & Planning Systems, Inc. (EPS), will identify the following items and conduct the following services in coordination with appropriate city staff:

1. Current and mid-term (0-10 years) industrial sector demand that City may be able to serve. a. Survey local industrial brokerage community and other known applicable contacts for general market trends and regional industrial development activity and interest. b. With Project Team partner, Economic Planning Systems (EPS) will produce a 10-year projection of potential land demand.
c. Optional task: Through partnership with EPS, will review the Visalia Economic Development Corporation’s2021 Economic Strategic Plan and update the JobsEQ data to refine potential industrial sector targets.

2. Assessment of existing conditions in the industrial park and other industrial zoned areas within the City, to identify:
a. Sites available to accommodate potential demand and potential need for additional sites.
b. Development readiness of current inventory of vacant land. c. Infrastructure needs.

3. Possible properties to plan for future industrial land use, and include:
a. Any necessary infrastructure improvements to realize industrial development. b. Necessary land entitlement process.
c. Recommendations on how to proceed from a planning perspective.

4. Project Team partner, Topograph will create marketing materials to accompany the ILIA which will include:
a. Two (2) print pieces (plus digital versions for dissemination). b. Professionally designed location maps.
c. Informational website highlighting the location and benefits.

Staff finds the proposal from 4Creeks, Inc. to exceed expectations of RFP 22-23-45 and recommends award of this contract to 4Creeks, Inc. and it’s Project Team.

Fiscal Impact:

This is Capital Improvement Project #CP0536 in the adopted 22/23 & 23/24 FY budget.

Prior Council Action: N/A
Other: N/A
Visalia City Council Printed on 7/14/2023Page 2 of 3
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79 File #: 23-0262 Agenda Date: 7/17/2023 Agenda #: 4.

Alternatives:

The City Council, in lieu of the recommendation, may elect to not award the contract for RFP 22-23- 45 - Professional Services for Preparation of an Industrial Land Inventory Analysis.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award the contract for RFP 22-23-45 - Professional Services for Preparation of an Industrial Land Inventory Analysis to 4Creeks, Inc. in an amount not to exceed $60,000.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:

1. RFP 22-23-45 Professional Services for Preparation of ILIA

2. RFP-22-23-45 Addendum 1
Visalia City Council Printed on 7/14/2023Page 3 of 3
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80 CITY OF VISALIA

REQUEST FOR PROPOSAL
RFP No: 22-23-45
Professional Services for
Preparation of an Industrial Land Inventory Analysis

Description: The City of Visalia (City) is requesting proposals from qualified professional consultants to develop an Industrial Land Inventory Analysis (ILIA).

Proposer
A non-mandatory proposer teleconference will be held on Wednesday, April 26, 2023, at

Teleconference:
10:00 a.m . This is an opportunity to ask questions regarding the Request for Proposal requirements. To register for this teleconference, please email your information to [email protected].

Submittal: One (1) unbound original and three (3) copies must be received on or before : 2:00 p.m. on Thursday, May 11, 2023.

Addressed to: City of Visalia Purchasing Division
707 W. Acequia
Visalia, CA 93291

Addressed From: Business Name
Mailing Address

Mark Envelope: RFP No. 22-23-45
Professional Services for Preparation of an Industrial Land Inventory Analysis

Proposals received after the time and date stated above shall be returned unopened to the proposer.

Inquiries:

Direct questions for clarification of this bid document to Purchasing Division (559) 713 -4334, Fax (559) 713-4801, or email at [email protected]. All questions must be received on or before May 4, 2023. 81 Professional Services for Preparation of an Industrial Land Inventory Analysis RFP No. 22-23-45

CITY OF VISALIA

REQUEST FOR PROPOSAL
RFP 22-23-45

SEALED PROPOSALS will be received by the Purchasing Division located at 707 West Acequia, Visalia, CA 93291, until 2:00 p.m. on Thursday, May 11, 2023, for the following project:

PROFESSIONAL SERVICES FOR

PREPARATION OF AN INDUSTRIAL LAND INVENTORY ANALYSIS

A non-mandatory proposer teleconference will be held at 10:00 a.m. on Wednesday, April 2 6, 2023. This is an opportunity to ask questions regarding the Request for Proposal requirements. To register for this teleconference, please email your information to [email protected].

Proposals are being sought from vendors who have a proven record of experience in providing the services required by this Invitation to Bid.

Contract documents may be obtained from the City of Visalia Purchasing Division, 707 W. Acequia Ave., Visalia, California 93291, by calling (559) 713 -4334, by FAX (559) 713 -4801, web site http://www.visaliapurchasing.org, or by emailing [email protected].

Local Vendor Preference: To encourage local vendor participation, five (5) points will be given to proposals submitted by local vendors. A local vend or is any business whose business address is located within Tulare County for the past six months. A P.O. Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.

Executive Order N -6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in respo nse to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

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

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a contract.

The right is reserved by the City of Visalia to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City.

Publication Dates: April 13, 2023
April 20, 2023
82 Professional Services for Preparation of an Industrial Land Inventory Analysis RFP No. 22-23-45

TABLE OF CONTENTS

TITLE PAGES

I. Definitions ...................................................................................................................................... 4 II. Introduction .................................................................................................................................... 4 A. Information .......................................................................................................................... 4 B. Background ......................................................................................................................... 4 C. Purpose, Objective and Services to Be Provided ............................................................... 5 D. RFP/Agreement Schedule .................................................................................................. 6 III. Scope of Services .......................................................................................................................... 6 A. Required Product ................................................................................................................ 6 B. Services of the Consultant .................................................................................................. 6 C. City Responsibilities ............................................................................................................ 7 IV. Proposal Content and Format Requirements ............................................................................. 7 A. General Information ............................................................................................................ 7 B. Proposed Program Approach ............................................................................................. 7 C. Staff Qualifications and Related Experience ...................................................................... 8 D. Proposed Fee Structure ...................................................................................................... 8 E. Conflict of Interest ............................................................................................................... 8 V. Consultant Selection Procedure .................................................................................................. 9 A. Criteria & Weight of Criteria ................................................................................................ 9 B. Background Check .............................................................................................................. 9 C. Award of Contract ............................................................................................................. 10 VI. General Conditions ...................................................................................................................... 10 A. Important Notice ................................................................................................................ 10 B. Contracting Agency ........................................................................................................... 13 C. Legal Responsibilities ....................................................................................................... 10 D. Permits and Licenses........................................................................................................ 10 E. Insurance .......................................................................................................................... 10 F. Assignment of Contract..................................................................................................... 12 G. Documents/Data ............................................................................................................... 12 H. Termination of Contract .................................................................................................... 12 I. Right to Require Performance .......................................................................................... 13 J. Ethics in Public Contracting .............................................................................................. 13 K. Independent Contractor .................................................................................................... 14 L. Equal Employment Opportunity ........................................................................................ 14 M. Venue ................................................................................................................................ 14 N. Proprietary Information ..................................................................................................... 14 O. Incurring Costs .................................................................................................................. 14 VII. Examination of Contract Requirements ................................................................................... 14 A. Withdrawal of Proposals ................................................................................................... 15 B. Rejection of Proposals ...................................................................................................... 15 C. Evaluation/Award of Contract ........................................................................................... 15

Attachments: Non-Collusion Affidavit
Workers Compensation Insurance Certificate
Equal Employment Opportunity Compliance Certificate
Bidder’s Statement on Previous Contracts Subject to EEO Clause Ownership Disclosure
Drug-Free Workplace Certificate
Americans with Disabilities Act Compliance Certificate
Iran Contracting Act Certification
California Levine Act Statement
General Contract Provisions
Sample Professional Services Agreement
83 Professional Services for Preparation of an Industrial Land Inventory Analysis RFP No. 22-23-45

I. DEFINITIONS
For the purposes of this RFP No. 22-23-45 the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

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

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

5. “RFP” means Request for Proposal No. 22-23-45.

II. INTRODUCTION
A. Information
The City of Visalia (City) is requesting proposals from qualified professional consultants to develop an Industrial Land Inventory Analysis (ILIA).

A non-mandatory proposer teleconference will be held on Wednesday, April 26, 2023 at 10:00 a.m. Attendance at this meeting is not required to submit a proposal in response to this RFP but is encouraged as this is an opportunity for Proposers to ask questions about the program and the Request for Proposal requirements. To register for the teleconference, please email your information to [email protected].

One (1) unbound original and three (3) copies of the proposal are to be submitted to the Purchasing Division, located at 707 W. Acequia, Visalia, CA 93291, on or before 2:00 p.m. Thursday, May 11, 2023.

This Request for Proposals is being issued by the City of Visalia Purchasing Department. Unless otherwise directed, all communications regarding this Request for Proposals should be directed to the Purchasing Division at (559) 713 -4334 or fax (559) 713 -4801. However, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected].

Local Vendor Preference. To encourage local vendor participation, five (5) points will be given to proposals submitted by local vendors. A local vendor is any business whose business address is located within Tulare County for the past six months. A Post Office Box will not be acce pted as a business address. The City reserves the right to request proof of Tulare County address.

Executive Order N -6-22 – Russia Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions agai nst Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contract or represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of th e Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

Any revisions to the Request for Proposals will be issued and distributed as addenda. Proposers ar e specifically directed not to contact any other City personnel for meetings, conferences or technical discussions related to this Request for Proposal. Failure to adhere to this policy may be grounds for rejection of proposals.

B. Background
The City of Visalia is a charter city with a population of 142,091 and an incorporated area covering approximately 38 square miles. It is located in California’s Southern San Joaquin Valley and is the county seat of Tulare County.

The City is located five miles east of State Highway 99 and is geographically split by State Highway 198. The City’s built environment includes a thriving downtown/central business district, a regional retail corridor , a 2, 500-acre industrial park, several professional office and medical office districts, community and neighborhood -level shopping centers, and residential neighborhoods. Like many cities in the San Joaquin Valley, Visalia is surrounded on most sides by agriculture and undeveloped lands.
84 Professional Services for Preparation of an Industrial Land Inventory Analysis RFP No. 22-23-45

On October 14, 2014, the City Council approved the Visalia General Plan Update (a.k.a. the Visalia 2030 General Plan, found at: https://www.visalia.city/depts/community_development/planning/gp.asp). A key component of the General Plan’s economic development strategy is industrial development and corresponding job growth. The General Plan’s Economic Development Land Use Objective #1 (LU-O-1) is, “Maintain Visalia’s role as the regional commercial and industrial center for Tulare, Kings and southern Fresno counties.” Industrial sector job development is critical as these are "basic” or “primary” jobs . In economic development terms, b asic jobs are those that make products or services that are consumed outside of the community, thereby generating “new” wealth for local workers and local service or retail sectors. Because Visalia’s jobs mainly come from the services, industrial, and retail sectors , prioritizing industrial job development best leverages the City’s economic development efforts to realize a growing, diversified local economy. As the City strives to be a “development partner” t hrough its various General Plan elements, this also means the City needs to strive to provide an adequate supply of available sites for industrial job development.

At this time, industrial development and land acquisition activity has accelerated quite rapidly and while there is still considerable vacant land to be developed for industrial use s, available land for purchase is diminishing. With the expansion of larger speculative industrial spaces in the Visalia Industrial Park primarily for warehousing , distribution, and e-commerce, interest in industrial investment in Visalia appears to be at an all -time high. While this means there are now several active speculative industrial developers and new companies invested in Visalia who will deliver new facilities for several years to come, it is also time to conduct an analysis to see where the next phase of available industrial sites should be located.

C. Purpose, Objective and Services to Be Provided
The purpose of this RFP is to seek proposals from interested professional consulting firms and to hire a consultant that will assess the current supply of industrial zoned land and market potential through the completion of an Industrial Land Inventory Analysis (ILIA). The purpose of t he ILIA is to aid the City in increasing its supply of industrial land to accommodate future development such that it does not become a barrier to growth . It should both analyze the current inventory’s development readiness and identify possible properties to plan for future industrial development and any necessary infrastructure improvements to realize said development. Ideally, the ILIA will also identify potential industrial tenants that could be attracted to or grow within the City . Services associated with this project to be performed by the selected consultant may include:
• Working under the general supervision of the City Planner or their designated project manager (“City Representative”).
• Serving as meeting facilitator and subject matter expert for fo rmal and informal meetings or interviews on behalf of stakeholders, citizen’s groups, and City and outside agencies that may be appropriate or necessary throughout the process.
• Providing final deliverables (refer to Section III of this RFP) in the required quantities and formats contained in the awarded contract for professional services.

Primarily, the consultant is required to possess knowledge of land use planning and the California Environmental Quality Act (CEQA) and be familiar with the industrial development process in California, preferably the Central Valley, Tulare County or City of Visalia specifically. The consultant should be familiar with the City’s General Plan, the industrial park, the City’s planned capital improvement projects in the vicinity of the industrial park and any proposed land to consider for future industrial development, and the community as a whole including current residential growth activity and other major commercial nodes. The consultant should be able to substantiate analysis recommendations with their understanding of current industrial sector demands for firms likely to operate in California, regional industrial dev elopment activity, the City’s General Plan and likely implications for the City’s next update to the General Plan, and existing conditions in th e industrial park and other industrial zoned areas within the City. The selected consultant will be expected to report to the designated City representative and may be required to present the final product to the City Council.

The firm selected by the City as the most qualified for the cost to perform the requested work will be required to enter into an agreement, similar to the attached, with the City. The interested firms responding to this solicitation are hereinafter referred to as “Consultants”. A joint venture of consultants is accep table to accomplish the anticipated Scope of Services discussed below. In such case one composite proposal shall be submitted by the firm that will perform as the “prime.”
85 Professional Services for Preparation of an Industrial Land Inventory Analysis RFP No. 22-23-45

D. RFP/Agreement Schedule
Event Date of Event
RFP Available to the public .................................................................................................................... April 13, 2023 Informational teleconference at 10:00 a.m. .......................................................................................... April 26, 2023 Questions due by 5:00 pm ....................................................................................................................... May 4, 2023 RFP due at 2:00 p.m. at 707 W. Acequia Avenue ................................................................................. May 11, 2023 Award of Contract ...................................................................................................................................... June 2023 Contract Begins ............................................................................................................................................ July 2023 Expected Completion ............................................................................................................................................ TBD

Italicized items and dates are at the City’s option. The City reserves the right to award contract solely on the basis of proposal content.

III. SCOPE OF SERVICES
A. Required Product
The selected consultant will have the primary responsibility for preparing an ILIA. The process shall entail assessing the current supply of industrial zoned land and its development readiness factoring in market demand and direct input from property owners, developers, and utility partners, and identifying likely properties to plan for future industrial development along with any necessary infrastructure improvements and entitlements to realize said development.

The ILIA will be presented in the form of a usable plan/document that is frequently consulted by staff , stakeholders, and the public . The document shall be technically sound and accurate while also readable and meaningful to the general public. The final publication of the ILIA shall be provided in print and electronic form in a manner that can be copied and pasted for distribution and review.

B. Services of the Consultant
The selected Consultant will be expected to perform the following tasks related to the preparation of the ILIA under the direction of the City Representative. These tasks represent the expected services that the selected Consultant will provide to the City. The Consultant is also invited to suggest additional and/or alternative tasks which may be suitable for the process. Identify items including (but not limited to):

1. Current and mid-term (0-10 years) industrial sector demand that City may be able to serve a. Survey local industrial brokerage community and other known applicable contacts for general market trends and regional industrial development activity and interest b. Consultant will also want to review the Visalia Economic Development Corporation’s recent Visalia Economic Strategic Plan 2021 conducted by Applied Development Economics c. Not required, but ideally will also identify potential industrial tenants that could be attracted to or grow within the City

2. Assessment of existing conditions in the industrial park and other industrial zoned areas within the City , to identify:
a. Sites available to accommodate potential demand and potential need for additional sites b. Development readiness of current inventory of vacant land c. Infrastructure needs

3. Possible properties to plan for future industrial land use, and include:
a. Any necessary infrastructure improvements to realize industrial development b. Necessary land entitlement process
c. Recommendations on how to proceed from a planning perspective C. City Responsibilities

1. Compensate the Consultant as provided in the contract agreement.

2. Provide first-line supervision and ongoing project management to the Consultant. 86 Professional Services for Preparation of an Industrial Land Inventory Analysis RFP No. 22-23-45

3. Provide a "City representative", who will represent the City and who will work with the Consultant in carrying out the provisions of the RFP. The Consultant shall communicate with the City representative who will provide the following services:
• Provide information consisting of relevant materials and reports from the City’s files and databases for the purpose of minimizing background research efforts by the consultant. • Examine documents submitted to the City by the Consultant and render timely decisions pertaining thereto.
• Give reasonably prompt consideration to all matters submitted by the Consultant for approval to the end that there will be no substantial delays in the Consultant's program of work. • Process invoices submitted by Consultant.
• Provide Consultant with information, maps, and other documentation necessary for completion of Consultant’s work.
• Act as coordinator between Consultant and other City representatives. • When necessary, actively participate with the Consultant in any interactions with stakeholders.

IV. PROPOSAL CONTENT AND FORMAT REQUIREMENTS

Please provide three (3) bound copies and one (1) unbound copy of your proposal. The following are the proposal requirements. Respondents are requested to organize their proposal into sections with tabs corresponding to the listed selection criteria as follows. You must provide responses in the same sequence as below. A screening committee will evaluate the completeness of the response to the RFP.

A. General Information
• Firm name, address, telephone number and fax number and email address. • Account Representative or other person to contact for clarification of any item contained in the proposal.

Include telephone number, fax numbers and email address if different from above. • Specify type of organization (individual, partnership or corporation ) and if applicable indicate whether you are a:
o Small Business.
o Disadvantaged Business.
o Minority and/or Women-Owned Business.
• Provide your Federal Tax ID Number and City of Visalia Business Tax Certificate Number (must be obtained prior to contract signing).
• Names of company’s owners / officers.
• Personnel of the proposer’s firm must be identified in the proposal with their background and the firm must give assurances of continuity of its personnel. A contact person needs to be identified. • Provide surety information for all sureties – General and Automobile Liability, E/O and Worker’s Compensation.
• References and Referrals.

B. Proposed Program Approach
Summarize your approach and understanding of the program and any special considerations of which the City of Visalia should be aware. Indicate clearly, the levels of participation you will expect from City of Visalia staff in the fulfillment of the contract. The contents of this section shall be determined by the proposer but should demonstrate an understanding of the special characteristics of the project. Consultants may provide alternative ideas, programs, formats, and suggestions in the proposal, based on experience with other similar projects.

This section shall outline the proposed approach to the project. This approach or scope of work shall consist of:
• Phase
• Objective(s)
• Task(s) and brief description
87 Professional Services for Preparation of an Industrial Land Inventory Analysis RFP No. 22-23-45

• Work products
• Any necessary meetings
• Timeline
• Completion dates

Exceptions to the requirements of the RFP should be clearly delineated in this section. All proposers may include a maximum of two (2) pages of information not included, nor requested in this RFP, if you feel it may be useful and applicable to this project.

The information in this section will aid the City in the refinement of the scope of work during contract negot iations.

C. Staff Qualifications and Related Experience

1. Staff Qualifications. Describe the qualifications of all key members of the project team to be assigned to this project by providing resumes/experience summaries describing their education, credentials, experience, and their proposed roles for this contract. The project manager shall be identified and will not be removed from the project without prior written authorization from the City. All proposed sub-consultants and their tasks in the project shall be identified.

If your firm intends to subcontract any of the services required under this RFP it must be discussed in this section. Detailed information for each subcontractor must be provided. No work may be subcontracted, nor assigned, without prior written approval of the City of Visalia.

2. Related Experience . Include descriptive information concerning the qualifications and experience of the firm with an emphasis on experience relative to this project. Include information about previous projects of similar scope and magnitude for which the Consultant has provided the requested services . Be prepared to submit & present example(s) of recent work product which is relevant to this scope of work. For each representative project, identify the client and include a project description, date started, date completed and contact reference person(s) with phone numbers. Examples of previous work may be included.

D. Proposed Fee Structure
***The Proposed Fee Structure and Schedule shall be provided under separate, sealed cover as a part of the RFP submittal.

Provide proposed fees and cost information and recommend a budget plan for all services to be provided in the following format:
• Proposers should review the requirements of this RFP and address all services in this fee schedule that might reasonably be expected to support the project. Indicate how the City will be invoiced for services, i.e., unit or hourly costs. This information should be detailed and broken down by type of service and units of work or other applicable measure. Proposers should ende avor to provide a comprehensive fee schedule, as the City will not include compensation in the contract for items not addressed. • Include a total cost to provide services, based on the consultant’s fee sch edule and the scope of work as outlined in this RFP. This cost will be used as a basis for negotiations. • The fee proposal submitted under separate, sealed cover, along with the proposed project approach, will be used as a basis for any contract negotiation s. The actual Scope of Services and fees included in the contract may be negotiated and may vary to satisfy the City’s actual needs.

E. Conflict of Interest
• Disclose any financial, business or other relationship with the City or any member of the City staff t hat may have an impact on the outcome of the project.
• List current clients who may have a financial interest in the outcome of the project .

V. CONSULTANT SELECTION PROCEDURE

Selection of the successful proposal shall be generally based on the information pr ovided by the Consultants in response to the Request for Proposals. The process for selection may occur in the following sequence:
88 Professional Services for Preparation of an Industrial Land Inventory Analysis RFP No. 22-23-45

• Review Proposals
• Establish a “short list” of three or more firms
• Identify best qualified firm
• Determine which, if any, alternates will be selected, and negotiate a fee • Award contract

A project Selection Committee, as deemed necessary, will be formed to evaluate the proposals and to make recommendations for selection consideration . This committee may consist of representat ives of the user department, members of the community, members of the Council and the Community Development Department .

Composition and creation of this committee, should one be formed, is at the sole discretion of the City. Names of the Committee members, should one be formed, will not be released prior to the time for interviews.

The Committee will review the proposals for format to ensure conformance with the requirements of the RFP . The City may interview firms for this work and the Consultant s to be interviewed will be selected based on the information provided in the proposals received in response to the RFP . Only the Consultant’s proposed project manager and key staff should be brought to the potential interviews. The final selection will occur as a result of the Committee’s review and any potential interviews that may occur.

A. Criteria & Weight of Criteria
The Committee will address the following criteria in evaluation of proposals in order to gauge the ability of a Consultant to perform the contract as specified. The same general criteria will be used to judge both the proposal and the presentation, should the City choose to conduct interviews with short-listed firms.

Criteria As Demonstrated By Weight
Merit of Proposal / Presentation Proposal thoroughness and approach 25 Knowledge and Expertise Capability of personnel, firm qualifications, experience, adequacy of staff to perform the work 30
Understanding of Project Proposer’s approach to providing the required services, including proposed schedule 25
Record of Past Performance References. Ability to work effectively with City staff, other public agencies, and related parties 15
Local Vendor Preference Points Five (5) points will be given to Local Vendors (as outlined in Section II (A) 5
TOTAL 100

Prior to the award of contract, the City must be assured that the proposer selected has all of the resources required to successfully perform under the contract. This includes, but is not limited to, personnel with the skills required, equipment/materials and financial resources sufficient to provide services called for under this contract. If, dur ing the evaluation process, the City is unable to assure itself of the proposer’s ability to perform under the contract, if awarded, the City has the option of requesting from the proposer, any information that the City deems necessary to determine the pro poser’s capabilities. If such information is required, the proposer will be notified and will be permitted seven (7) working days to submit the requested information.

B. Background Check
The City reserves the right to conduct a background inquiry of each prop oser which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a proposal to the City, the proposer consen ts to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.

C. Award of Contract
The successful firm will be required to execute a contract with the City of Visalia. A Draft Agreeme nt has been included in this RFP to alert proposers to the provisions generally found in City contracts. The Draft Agreement may be altered from the enclosed form at the discretion of the City and without notice to consultant prior to award of contract. The City does not guarantee that the Final Agreement will duplicate the enclosed Draft Agreement.

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VI. GENERAL CONDITIONS
A. Important Notice
The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied up on unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Request for Proposals, the City will attempt to notify all prospective consultants who have secured same. However, it will be the responsibility of each consultant, prior to submitting their proposal, to contact the Purchasing Division, located at 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addendums were issued and to make such addendum a part of the proposal.

B. Contracting Agency
The contract resulting from this Request for Proposals will be administered by the City of Visalia Finance Department, Purchasing Division.

C. Legal Responsibilities

1. All proposals must be submitted, filed, made, and executed in accordance with State of California and Federal laws relating to proposals for contracts of this nature whether the sa me or expressly referred to herein or not. By submitting a proposal, Consultant certifies that he or she will comply with all Federal laws and requirements, including but not limited to Equal Employment Opportunity, Disadvantaged Business Enterprise, Labor Protection and other laws and regulations applicable to contracts utilizing Federal funds.

2. Firearms Prohibited. Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

D. Permits and Licenses

1. Business Tax Certificate. Possession of a Cit y of Visalia Business Tax Certificate (license) is not required to submit a proposal in response to this invitation. However, Con sultant shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate prio r to commencing work. Fee is based on gross receipts for all business transactions in the City of Visalia. For additional information, contact the City of Visalia Business Tax Division at (559) 713-4326.

2. Professional License. Consultant is to be licensed in accordance with the California Business and Professions Code and is to possess current professional registration and be licensed to perform work in the State of California.

3. Permits. Consultant shall be required to obtain and maintain at his/her own expense, any and all permits, licenses and certifications issued by any federal, state or local governmental agency, pertaining to, and necessary for providing the services required in this Request for Proposals.

E. Insurance
Indemnification and Insurance
As respects acts, errors, or omissions in the performance of services, CONSULTANT agrees to indemnify and hold harmless CITY, its elected and appointed officers, employees, and CITY designate d volunteers from and against any and all claims, demands, losses, defense costs, liability or consequential damages arising directly out of Consultant’s negligent acts, errors or omissions in the performance of his/her services under the terms of this Agreement; except to the extent those arise out of the negligence of CITY.

CITY agrees to indemnify and hold harmless CONSULTANT, its officers, employees, and designated volunteers from and against any and all losses, defense costs, liability or consequentia l damages to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.

As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those ac ts or omissions normally covered by general and automobile liability insurance, CONSULTANT 90 Professional Services for Preparation of an Industrial Land Inventory Analysis RFP No. 22-23-45

agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from a nd against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with Consultant’s (or Consultant’s subcontractors, if any) performance or failure to perform, under the terms o f this Agreement; except to the extent those which arise out of the negligence of CITY.

Without limiting CITY’s right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain durin g the term of this Agreement, insurance coverage as follows:
• Workers’ Compensation insurance as required by California statutes. • Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occur rence. Such insurance shall include coverage for Pre mises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if app licable). • Comprehensive Automobile Liability coverage with a combin ed single limit of not less tha n One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non - owned automobiles and shall be provided by a business automobile policy.

Each insurance policy required by this Agreement shall contain the following clause:

“This insurance shall not be cance lled, limited in scope or coverage, or non -renewed until after thirty (30) days prior written notice has been given to the City of Visalia, Purchasing Division, 707 W. Acequia, Visalia, CA 93291, with the exception of cancellation for non -payment of premium , in which case ten (10) day notice shall be given”

In addition, the Commercial general liability policy required by this Agreement shall contain the following clauses:

“It is agreed that any insurance maintained by the City of Visalia shall apply in exc ess of and not contribute with insurance provided by this policy.”

“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insured as respects operations and activities of, or on behalf of the named in sured, performed under contract with the City of Visalia.”

The successful bidder shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should Consultant cease to have insurance as required during any time, all work by Consultant pursuant to this agreement shall cease until insurance acceptable to the City is provided.

In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insuranc e policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or

2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or

3. Terminate this Agreement.

F. Assignment of Contract
No assignment by th e consultant of the contract or any part hereof, or of funds to be received there under, 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 condit ions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet or transferred.

G. Documents/Data

1. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other 91 Professional Services for Preparation of an Industrial Land Inventory Analysis RFP No. 22-23-45

papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.

Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensio ns of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT . Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

2. Publication: No report, information, or other data given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY. Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which ( 1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.

3. Copyrights: The CONSULTANT shall be free to copyright materi al developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes.

H. Termination of Contract
The nature of this services contract requires that the City and the consultant must work closely as a mutually supporting team without conflict. Also, the City needs to be able to terminate this agreement at any time the City may feel this working relati onship has been impaired or should the City no longer have complete confidence and satisfaction in the quality and performance of services by the proposer. Therefore:

The right to terminate this Agreement, with or without cause, may be exercised without p rejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.

1. Termination By Either Party Without Cause : The CITY or CONSULTANT may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Should the cont ract be terminated for convenience, the proposer shall be paid for all authorized services provided, including reasonable charges for de-mobilization. However, the proposer shall not be paid any anticipated profit or fees for services not provided.

2. Termination of Agreement for Cause: The CITY may by written notice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:
a. If the proposer shall fail to provide services or perform satisfactorily 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. b. Any assignment, subletting or transfer of the interest of the Consultant, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.
c. Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.

3. Post-Termination:
a. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.
92 Professional Services for Preparation of an Industrial Land Inventory Analysis RFP No. 22-23-45

b. Except with respect to defaults of subconsultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreem ent arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe we ather; but in the event the failure to perform is caused by the default of a subconsultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by the subconsultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or other performance requirements.
c. Should the Agreement be terminated with or without cause, the CONSULTANT shall provide the CITY with all finished and unf inished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement. d. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily completed to the date of termination according to compensation provisions contained herein. In no event, shall the total compensation paid CONSULTANT exceed the total compensation agreed to herein.
e. If, after notice of termination of this Agreement, as pro vided for in this article, it is determined for any reason that the CONSULTANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.
f. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination activities.

I. Right to Require Performance
The failure of the City at any time to require performance by the proposer of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

J. Ethics in Public Contracting
Each proposer, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the proposer certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other proposer in connection with the request for proposal; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or an ything of more than nominal value. The proposer further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Visalia.

Prior to the award of any contract, the potential Consultant may be required to certify in writing to the Purchasing Division that no relationship exists between the proposer and any City employee, officer, official or agent t hat interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.

More than one proposal from an individual, firm, partnership, corporation or association under the same or different names may be reject ed. Reasonable grounds for believing that a proposer has interest in more than one proposal for the work solicited may result in rejection of all proposals in which the proposer is believed to have an interest.

K. Independent Contractor
In the performance of the services herein provided for, the Consultant shall be, and is an independent contractor and is not an agent or employee of the CITY. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder. The Consultant shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations govern ing such matters. 93 Professional Services for Preparation of an Industrial Land Inventory Analysis RFP No. 22-23-45

L. Equal Employment Opportunity
During the performance of the contract, proposer agrees to the following:

1. Proposer shall comply with all the requirements, when applicable, of the California Fair Employment Practice Commission and provisions of, when applicable, all Federal, State of California, County of Tulare and City of Visalia laws and ordinances related to employment practices.

2. Proposer shall not discriminate against any employee or applicant for employment on the basis of race, religion, color, gender, age, handicap, national origin or ancestry, except when such a condition is a bona fide occupational qualification reasonably necessary for the normal operations of the proposer. The proposer agrees to post in conspicuous places, visible t o the employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

3. Proposer, in all solicitations or advertisements for employees, placed by, or on behalf of the proposer, shall state that proposer is an Equal Opportunity Employer.

M. Venue
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Tulare County , California.

N. Proprietary Information
The proposals received shall become the property of the City of Visalia and are subject to public disclosure.

Proposal prices and in formation submitted by proposer s wil l be made available to proposer s after the City ha s approved award of contract. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the proposer as business or trade secrets, as that term is defined in California Govern ment Code, Section 6254.7, and are reasonably marked as “Trade Secrets”, “Confidential” or “Proprietary” shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Ac t or otherwise by law. Proposer s who indiscriminately and without justification identify most, or all, of their proposal as exempt from disclosure may be deemed non -responsive.

O. Incurring Costs
The City of Visalia is not liable for any cost incurred by proposers in responding to this Req uest for Proposals.

VII. EXAMINATION OF CONTRACT REQUIREMENTS AND ACCEPTANCE

OF PROPOSAL CONTENT

Before submitting a proposal, proposers must satisfy themselves by personal examination of the proposal requirements and other contract documents, and by any other means as they may believe necessary, as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the City of Visalia, upon which the offeror will rely.

The submission of a proposal shall be considered conclusive evidence that the proposer has carefully investigated all conditions that affect or may a t some future date affect the performance of services covered by this solicitation, and is satisfied as to the character, q uality, and quantities of work to be performed and as to the requirements of the proposal. Submission of a proposal shall also be evidence that the proposer is familiar with directives that in any way affect prosecution of the work or persons engaged or employed in the work.

No proposer shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the proposer receives an award as a result of this Request for Proposals, failure to have made such investigations and examinations will in no way relieve the proposer from its obligations to comply in every detail with all provisions and requ irements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the proposer for additional compensation. Any errors, omissions, or discrepancies found in the specification s or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals.

Should the proposer feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the proposal.

94 Professional Services for Preparation of an Industrial Land Inventory Analysis RFP No. 22-23-45

The contents of the proposal of the successful proposer shall become contractual obligations if procurement action ensues. Failure to accept these obligations in a contractual agreement shall result in cancellation of award.

A. Withdrawal of Proposals
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals, only by written request for the withdrawal of the proposal filed with the Purchasing Divi sion. The request shall be executed by the proposer or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of the proposer to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.

B. Rejection of Proposals
The City of Visalia reserves the right to reject any or all proposals; to waive any requirements, both the City's and those proposed by the consultant; to waive any irregularities or informalities in any proposal or the RFP process when it is in the best interest of the City to do so; to negotiate for the modification of any proposal with mutual consent of the proposer; to re -advertise for proposals, if desired; to sit and act as sole judge of the mer it and qualifications of the service offered and; to evaluate in its absolute discretion, the proposal of each consultant, so as to select the consultant which best serves the requirements of the City, thus insuring that the best interest of the City will be served. Proposer’s past performance and the City's assurance that each proposer will provide service as proposal, will be taken into consideration when proposals are being evaluated.

The City may make such investigation as it deems necessary to determi ne the ability of a proposer to furnish the required services, and the proposer will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by , or investigation of, such proposer fails to satisfy the City that such proposer is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or; the proposal of any proposer who has previously failed to perform properly, or complete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the City in the proposer’s proposal submission, or at any point in the proposal evaluation process, including any interview conducted, is grounds for rejection of the proposal. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the proposal submission is material shall be made solely in the exercise of the City’s sound discretion. The City expressly reserves the right to reject the proposal of any proposer who is in default on the payment of taxes, licenses or other moneys due to the City of Visalia.

C. Evaluation/Award of Contract
Evaluation and selection of proposals will be based on the information called for in this RFP. Brochures or other promotional presentations beyond that suff icient to submit a complete and effective proposal are not desired.

Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.

Proposals will be evaluated by a Selection Committee. The City reserves the right to make the selec tion of a proposer based on any or all factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipated initiative and ability of the proposer to perform the services set forth herein.

The award, if made, will be made within ninety (90) days from proposal closing date. Proposer agrees and so stipulates in submitting this proposal, as though stated therein, and in any subsequent award of contract that:

1. Contract, should it be awarded, shall be interpreted, co nstrued, and given effect in all respects according to the laws of the State of California.

2. Should proposer be awarded contract, proposer shall not assign contract, or any part thereof, or any moneys due or to become due thereunder, without prior consent of the City.

3. Proposer shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the proposer, its cons ultants, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.

4. Proposer shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract. 95 Professional Services for Preparation of an Industrial Land Inventory Analysis RFP No. 22-23-45

NON-COLLUSION AFFIDAVIT

(SUBMIT WITH PROPOSAL)

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

_________________________, being first duly sworn, deposes and says that he or she is _________ of __________ the party making the foregoing Bid; that th e Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or sol icited any other BIDDER to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the BIDDER has not in an y manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her Bid pri ce or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________

Company Seal:

State of California
County of ________________________

On this __________ day of _______________before me, ___________________________________________, a Notary Public,
personally appeared ____________________________________________,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their auth orized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal.

Signature __________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 96 Professional Services for Preparation of an Industrial Land Inventory Analysis RFP No. 22-23-45

WORKERS’ COMPENSATION INSURANCE CERTIFICATE

(SUBMIT WITH PROPOSAL)

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.

Company: _________________________________________

Business Address: _________________________________________

Signature: _________________________________________

Name of Signing Official: _________________________________________

Title of Signing Official: _________________________________________

Date: _________________________________________

Company Seal:

97 Professional Services for Preparation of an Industrial Land Inventory Analysis RFP No. 22-23-45

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE

(SUBMIT WITH PROPOSAL)

Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 28925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the contractor agrees as follows:

1. The consultant will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The contractor will take affirmative action to ensure t hat applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgr ading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The consultant 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, gender, national orig in or political affiliation.

3. The consultant will send to each labor union or representative of wor kers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or th e workers’ representative of the contractors’ commitments under Section 20 2 of Executive order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The consultant will comply with all provisions of Executive Order 11246 of September 24, 1965 , and the rules, regulations and relevancy orders of the Secretary of Labor.

Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

5. In the event of the consultant’s non -compliance with the non -discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the consultant may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

6. The consultant will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or consultant. The contractor will take such action with respe ct to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non -compliance. Provided, however, that in the event the contractor becomes involved in, or is threatened with litigation with a subcontractor or consultant as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interest of the United States.

Certification of Non-Segregated Facilities
The contractor hereby certifies that it does not or will not maintain segregated facilities no r permit its employees to work at locations where facilities are segregated on the basis of race, color, religion, gender, national origin or political affiliation.

___________________________________ _______________________________ _____________________ Name of Firm Authorized Signature Date

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BIDDER’S STATEMENT ON PREVIOUS CONTRACTS

SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11246)

(SUBMIT WITH PROPOSAL)

The BIDDER shall complete the following statement by checking the appropriate blanks:

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

The BIDDER has _____ has not _____ submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subBIDDERs will be awarded prior to award of subcontracts.

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

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

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

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CITY OF VISALIA
Ownership Disclosure

(SUBMIT WITH PROPOSAL)

NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:

Firm Name:

Firm Address:

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

Submitted by: Name __________________________________________________________ Date __________________________________________________________

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STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)

CERTIFICATION

I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME

FEDERAL ID NUMBER
BY (Authorized Signature)

DATE EXECUTED

PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)

( )
TITLE

CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS

The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:

(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or grant:

(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, th en the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.

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AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE

(SUBMIT WITH PROPOSAL)

By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing pe rformance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

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IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)

(SUBMIT WITH PROPOSAL)

As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

⃝ The Contractor is not:
(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or

(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000 over the life of the contract (up to 5 years).

Signature:_________________________________ Printed Name:_______________________

Title:_____________________________________ Agency Name:___________________________

Date:____________________

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

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CALIFORNIA LEVINE ACT STATEMENT

(SUBMIT WITH PROPOSAL)

California Government Code Section 84308, commonly referred to as the “Levine Act,” can prohibit members of the City Council of the City of Visalia from participating in any action related to a contract if he or she receives any political contri butions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disc losure of such contribution(s) by a party to be awarded a specific contract.

The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:

1. Have you or your company, or any agent on behalf of you or you r company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract?

YES:_____ NO:_____. If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Answering YES to the question above does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.

________________________________________________ ________________ Signature of Authorized Individual Date

_________________________________________________
Printed or Typed Name of Authorized Individual

_________________________________________________
Print or Type Name of Company

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SAMPLE PROFESSIONAL SERVICES AGREEMENT – Subject to Changes RFP No. 22-23-45
Professional Services for
Preparation of an Industrial Land Inventory Analysis

This Agreement, entered into this _____ day of ___________, 2023, by and between the City of Visalia, hereinafter referred to as the “CITY”, and ________________ hereinafter referred to as the “CONSULTANT”.

W I T N E S S E T H

WHEREAS, the CITY is authorized and empowered to employ cons ultants and specialists in the performance of its duties and functions; and

WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the preparation and completion of the items of work described as “Scope of Work ” in Exhibit “A”, and hereinafter referred to as the “PROJECT”; and

WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONSULTANT agree as follows:

I. SERVICES TO BE PERFORMED BY THE CONSULTANT

A. Authorized Scope of Work : The CONSULTANT agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in Exhibit “A” - Scope of Wor k, for the cost identified in Exhibit “B” - Project Fee.

B. Additional Services : Incidental work related to the PROJECT and not provided for in Exhibit “A” may be needed during the performance of this Agreement. The CONSULTANT agrees to provide any and all additional services at the rates identified in attached Exhibit “C” - Schedule of Fees for Professional Services. Such additional services shall not be performed by CONSULTANT without the written consent of CITY.

II. TIME OF PERFORMANCE

The CONSULTANT shall commence performance of this Agreement within ten (10) days of Consultant’s Notice to Proceed following City Council approval of this Agreement and shall complete the work within the timeframes outlined in Exhibit “A”, unless otherwise extended in writing by CITY, in its sole discretion.

If the CONSULTANT fails to complete the PROJECT within the time specified, plus any extensions of time which may be granted, the CITY shall determine the percent of each work item completed and shall pay t he CONSULTANT on that basis.

CONSULTANT shall not be responsible for delays which are due to causes beyond the CONSULTANT’s reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in a writing signed by both parties.

III. COMPENSATION

A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, as payment in full, a sum not to exceed ___________________. This amount shall constitute complete compensation, including document 105

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production and out -of-pocket expenses for all services for the work and PROJECT identified in Exhibits “A” and “B”.

B. Payment of Compensation: The CONSULTANT shall be compensated no more than monthly upon completion of percentage of each noted phase. The CONSULTANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date o f the preceding billing, if any.

IV. AUTHORIZED REPRESENTATIVE
A. CITY: The Project Manager shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Visalia is specifically required.

B. CONSULTANT: _______________ shall represent and act as principle for CONSULTANT in all matters pertaining to the services to be rendered by it under this Agreement.

V. TERMINATION
The right to terminate this Agreement, with or without cause, may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.

A. Termination By Either Party Without Cause : The CITY or CONSULTANT may ter minate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination.

B. Termination of Agreement for Cause : The C ITY may by written notice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:

1. If the CONSULTANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or

2. If the CONSULTANT fails to make progress under this Agreement as to endanger performance of this Agreement in accord ance with its terms, and does not correct such failure within a period of ten (10) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.

C. Post-Termination:

1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.

2. Except with respect to defaults of subconsultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a subconsultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by the subconsultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or other performance requirements.

3. Should the Agreement be terminated with or wit hout cause, the CONSULTANT shall provide the CITY with all finished and unfinished documents, data, studies, services, 106

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drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement.

4. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily completed to the date of termination according to compensation provisions contained herein. In no event, shall the total compensation paid CONSULTANT exceed the total compensation agreed to herein.

5. If, after notice of termination of this Agreement, as provided for in this article, it is determined for any reason that the CONSULTANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.

6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooper ate with any audit, to be subject to offset, or to make any reports of pre-termination activities.

VI. INTEREST OF OFFICIALS AND THE CONSULTANT
A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:

1. Participate in any decision relating to this Agreement which effects his personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or

2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.

B. The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work, no person having any such interest shall be employed.

VII. NO PERSONNEL, AGENCY OR COMMISSION
The CONSULTANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreemen t or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the C ITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

VIII. SUBCONTRACTING
A. The CONSULTANT shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY.

B. In no event shall the CONSULTANT subcontract work in excess of 50% of the contract amoun t, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project.

IX. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said se rvices 107

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hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

X. SPECIFICATIONS
All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.

XI. DOCUMENTS/DATA

A. Ownership of Documents : All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not othe rwise provided for herein, shall be the responsibility of the CITY.

Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT . Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes unless the C ITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

B. Publication: No report, information, or other data given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made ava ilable to any individual or organization by the CONSULTANT without the prior written approval of the CITY. Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.

C. Copyrights: The CONSULTANT shall be free to copyright mater ial developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes.

XII. INDEMNIFICATION AND INSURANCE

A. As respects acts, errors, or omissions in the performance of services, CONSULTANT agrees to indemnify and hold harmless CITY, its elected and appointed officers, employees, and CITY designated volunteers from and against any and all claims, demands, losses, defense costs, liability or consequential damages arising directly out of CONSULTANT’s negligent acts, errors or omissions in the performance of his/her services under the terms of this Agreement, except to the extent those arise out of the negligence of CITY.

B. CITY agrees to indemnify and hold harmless CONSULTANT, its officers, employees, and designated volunteers from and against any and all losses, defense costs, liability or consequential damages to the extent arising out of CITY’S negligent acts, errors or o missions in the performance of this Agreement.

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C. As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insu rance, CONSULTANT agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or cons equential damages of any kind or nature arising out of or in connection with CONSULTANT’s (or CONSULTANT’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.

D. Without limiting CITY’s right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:

1. Workers’ Compensation insurance as required by California statues.

2. Commercial General Liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operatio ns, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).

3. Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non -owned automobiles and shall be provided by a business automobile policy.

4. Professional Liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).

E. CITY’S Risk Manager is hereby authorized to reduce the requirements set forth above in the event he/she determines that such reduction is in the CITY’S best interest.

F. Each insurance policy required by this Agreement shall contain the following clause:

“This insurance shall not be canceled, limited in scope or coverage, or non -renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA 93291.”

In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:

“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.”

“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as resp ects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.”

G. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the 109

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individual signing said endorsements is indeed authorized to do so by the insu rance company.

CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

H. In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or

2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or

3. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT’s failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT’s or its subcontractor’s performance of the work covered under this Agreement.

XIII. NON-DISCRIMINATION
CONSULTANT and all subcontractors shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts.

Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.

XIV. MISCELLANEOUS PROVISIONS

A. Successors and Assigns : This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

B. Prohibition of Assignment : Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

C. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.

D. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONSULTANT, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

CITY OF VISALIA
707 W. Acequia Ave.

Visalia, CA 93291
Attention: City Clerk

CONSULTANT
_____________________
_____________________
_____________________

E. Jurisdiction/Venue/Waiver Of Removal : This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that State. Any action brought to interpret or enfor ce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONSULTANT hereby 110

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expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understanding of the CITY and the CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the CONSULTANT.

G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

H. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

I. Construction: This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithst anding Civil Code Section 1654 that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.

J. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.

K. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

L. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

M. Executive Order N-6-22 – Russia Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions.

Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response.

Termination shall be at the sole discretion of the State.

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Professional Services for Preparation of an Industrial Land Inventory Analysis RFP No. 22-23-45

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CITY OF VISALIA CONSULTANT

___________________________ __________________________________ City Manager

Approved as to Form

__________________________________
City Attorney

__________________________________
Risk Manager

__________________________________
Project Manager

Attachments:

Exhibit “A”: Scope of Work
Exhibit “B”: Project Fees
Exhibit “C”: Schedule of Fees for Professional Services Exhibit “D”: Progress Payment Schedule

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RFP 22-23-45
Professional Services for Preparation of an Industrial Land Inventory Analysis Addendum No. 01

ADDENDUM NO. 01

Issued: Friday, April 28, 2023
Project: Professional Services for Preparation of an Industrial Land Inventory Analysis RFP No.: 22-23-45
Bids Due: Thursday, May 11, 2023 at 11:00 a.m.

Addendum No. 01 is being issued to answer questions received pertaining to the project and to provide maps of proposed areas of analysis. This addendum becomes part of the Contract Documents for the above project and must be signed and submitted with the Proposal.

ITEM 1: QUESTIONS/RESPONSES

Q1. What is the estimated budget for this project?
R1. This project has an estimated budget of $60,000.

Q2. Has the City done a market analysis? Is that an expectation of the project? R2. A recent market analysis has not been completed. Yes, that would be expected as part of the project.

Q3. Is there any interest in understanding what the needs are? R3. Yes, proposers can include this information in their analysis. The City of Visalia would be particularly interested in growing the manufacturing sector.

Q4. Is the Economic Strategic Plan 2021 referenced in the proposal available to view? R4. ESP may be found at: https://share.visalia.city/message/T3PhBSbfD2Sa2PIMb9vOOA

Q5. Is there a time for completion expected?
R5. The expectation would be a completed study by April or May of 2024 but this could be discussed with the selected consultant.

Q6. Has there been any update to the General Plan?
R6. There has not been an update to the General Plan.

Q7. Is there an acceptance process or any other approvals needed besides the City Council? R7. No other approvals are required for this project; however it may be appropriate to present draft study to the City of Visalia Planning Commission for review and comments.

Q8. Is the consultant expected to interview stakeholders? R8. The Economic Development Manager will assist with interviewing stakeholders.

ITEM 2: PROJECT MAPS

Maps may be found at: https://share.visalia.city/message/SHGQ3UMJGDl4E5zpIBXBkN

City of Visalia, CA Purchasing Department
707 West Acequia, Visalia, CA 93291 Tel: (559) 713-4334 Fax: (559) 713-4801 113
RFP 22-23-45
Professional Services for Preparation of an Industrial Land Inventory Analysis Addendum No. 01

PROPOSER ACKNOWLEDGMENT OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334

Proposer to sign and submit with Proposal.

Firm: Date:

By:

Signature
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0276 Agenda Date: 7/17/2023 Agenda #: 5.

Agenda Item Wording:

Authorize the City Manager to Award RFB 22-23-03 annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant B to Brightview Landscape Services, Inc., of Fresno, CA, $193,288.53 annually per specifications of RFB 22-23-03.

Deadline for Action: 7/17/2023
Submitting Department: Community Services
Contact Name and Phone Number: Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] <mailto:[email protected]> Kelli Kincaid, Community Services Director 713-4042; [email protected] <mailto:[email protected]> Department Recommendation:

That the City Council authorizes the award of an annual contract for landscape maintenance to Brightview Landscape Services, Inc., of Fresno, CA, in the amount of $175,716.84 to include a ten percent contingency of $17,571.69, per specifications of RFB 22-23-03.

Background Discussion:

The previous Quadrant B landscape contract expired on April 30, 2022, and has been on a month-to-month basis with a temporary contractor, awaiting the award of a new formal landscape maintenance contract.

Quadrant B is one of several Landscape and Lighting Quadrants that are on temporary month-to-month contracts to be awarded through a formal Request for Bidders (RFB) process.

On April 26, 2023, and May 2, 2023, the City solicited bids by advertising in the Visalia Times Delta with the RFB posted on Bid-Net. The City also mailed RFB notices, inviting contractors to participate in this bid process.

On Tuesday May 9, and Wednesday May 10, 2023, mandatory pre-bid meetings were held in the City Council Chambers. Contractors that did not attend at least one of these meetings were ineligible to submit bids for this contract.

During the pre-bid meeting, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations and answered questions.

Staff received several questions from contractors where staff carefully reviewed and answered them in separate addendums.

On May 26, 2023, the City received bids from four (4) contractors in the Bid Summary below. Staff reviewed the submitted bids and found that the apparent low bid had material errors within their bid documents. This bidder withdrew their bid and City staff reached out to the next apparent low bidder. After discussing the intent to award with the bidder they also withdrew their bid proposal after realizing they had made a mathematical Visalia City Council Printed on 7/14/2023Page 1 of 3
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File #: 23-0276 Agenda Date: 7/17/2023 Agenda #: 5.
to award with the bidder they also withdrew their bid proposal after realizing they had made a mathematical error in their bid documents. Brightview Landscape Services, Inc., of Fresno, CA was the qualified low bidder for RFB 22-23-03 Landscape Maintenance of Quadrant B contract. · JC’s Land Management, Kingsburg, CA Material Error
· Perfect Care Landscape & Maintenance Withdrew Bid
· Brightview, Fresno, CA $175,716.84 annually
· Elite Maintenance and Tree Service $181,749.36 annually With this contract some extra work may be needed from time to time, such as shrub and tree replacement, irrigation improvements, and fertilization in districts with sufficient funding. A ten (10) percent contingency of $17,571.69 would be added to the contract to cover those extra tasks. The scope of work was also updated giving the contractor more specific shrubs heights and leaf litter cleaning intervals to improve the appearance of the landscapes. Another change within the scope of work for landscape maintenance contracts going for three (3) tiers of level of service. This will enable City staff to reduce cost for districts where expenditures are higher than revenues, by reducing the intervals of service. (Please attachment Levels of Service) Brightview Landscape Services, Inc., is currently performing month-to-month landscape maintenance contracts in various locations of the City and is fully aware of the expectations by residents and staff to maintain the districts within Quadrant B at a “Level A” service.

This is considered a Public Works maintenance contract and therefore, is subject to State of California prevailing wages, registration with the Department of Industrial Relations and submission on certified payroll to the Labor Commissioner as well as other requirements outlined in the City’sLabor Compliance Manual which was a part of the specifications.

Annual price increase adjustments at time of renewal of contract are based on the Consumer Price Index specified in the contract documents. Cost for future additions to the project area (if necessary) will be calculated by multiplying the Contractor’s Unit Price by the square footage of area being added to contract.

The initial agreement is for a 12-month period, with an option to renew annually for 4 one-year periods upon providing satisfactory performance and as mutually agreed.

Fiscal Impact:

The fiscal impact for RFB 22-23-03 Annual Contract for Landscape Maintenance of Quadrant B will be allocated from Fund 273 Landscape and Lighting 2731-55230 account, of which sufficient funds have been budgeted.

Prior Council Action: None
Alternatives: Reject low bidder and go out for another Request for Bidders.

Recommended Motion (and Alternative Motions if expected):

Move to Authorize the award of an Annual Contract for Landscape Maintenance of Quadrant B, to Brightview Landscape Services, Inc., of Fresno, CA. for $193,288.53 annually per specifications of RFB 22-23-03. ..end Environmental Assessment Status: N/A
Visalia City Council Printed on 7/14/2023Page 2 of 3
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File #: 23-0276 Agenda Date: 7/17/2023 Agenda #: 5.

CEQA Review: N/A
Attachments: Annual Contract for Landscape Maintenance of Quadrant B RFB 22-23-03, Exhibits, Brightview Landscape Services, Inc. signed bid form, Bidders Summary, Levels of Service.

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BID NO. 22-23-03

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
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CITY OF VISALIA, CALIFORNIA
REQUEST FOR BIDS (RFB) 22-23-03

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT B

Mandatory Pre-Bid Meetings have been scheduled for this project. Bidders are required to attend at least one of the mandat ory m eetings to be considered eligible to submit a bid. Meetings will be held in the City Council Chambers at Visalia City Hall, 707 W. Acequia Avenue, Visalia as follows:

Pre-Bid Meeting #1: Tuesday, May 9, 2023, at 2:00pm, and Pre-Bid Meeting #2: Wednesday, May 10, 2023, at 9:00am

Bid Submittal Deadline: Friday, May 26, 2023, at 11:00am

Bids received after the time and date stated above shall be returned unopened to the bidder.

The City of Visalia ex pressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to p articipate in, or its participation in, such process. The Ci ty expressly reserves the right to modify, for any reas on, the schedule and any provision contained herein.

The City reserves to itself the selection of w inning respondent(s), if an y, in the exe rcise o f its sole disc retion. No bind ing commitment shall ar ise on the p art of the Cit y to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Bidder for at least ninety (90) days.

Contract resulting from this bid process is considered a Public Works Maintenance Contract, subject to registration with the Department of Industrial Rel ations (DIR), Pa yment o f State Prevail ing Wages, Monit oring by the Labor Commissioner and other requirements listed in the City’s Labor Compliance Manual (attached). All Bidders and Subcontractors (if any) must be registered with the DIR to be eligible to bid on, be listed as a subcontractor, or perform work under this contract.

Direct inquiries regarding clarification of this bid document to the Purchasing Division (559) 713-4334. To prevent misinterpretation, especially questions regarding contract requirements or regarding the scope of services, the Purchasing Division prefers that all questions be submitted in writ ing via email to [email protected] or via fax (559) 713-4801. All questions must be received by 4:00pm on Tuesday, May 16, 2023

Legal Ads 4/26/23 & 5/2/23
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TITLE TABLE OF CONTENTS PAGES

I. Definitions ................................................................................................................... 4 II. Introduction ................................................................................................................. 4 III. Instructions to Bidders .............................................................................................. 6 IV. Contract Acceptance After Award ............................................................................ 6 V. Scope of Work/Services ............................................................................................ 7 A. Standard Requirements ......................................................................................... 7 B. Landscape Maintenance ...................................................................................... 10 C. Important Notice ................................................................................................... 21 D. Department of Industrial Relations Requirements ............................................... 21 E. City of Visalia Labor Compliance Manual ............................................................ 24 VI. General Conditions .................................................................................................. 24 A. Contracting Agency .............................................................................................. 24 B. Term of Contract .................................................................................................. 24 C. Pricing .................................................................................................................. 25 D. Approximate Estimate .......................................................................................... 25 E. Examination of Specifications and Site(s) of Work .............................................. 25 F. Discrepancies and Misunderstandings ................................................................ 26 G. Bid Forms ............................................................................................................. 26 H. Withdrawal of Bids ............................................................................................... 26 I. Disqualification of Bidders.................................................................................... 26 J. Opening of Bids ................................................................................................... 26 K. Incurring Costs ..................................................................................................... 27 VII. Protests and Appeals ............................................................................................... 27 VIII. Award and Execution of Contract ........................................................................... 27 A. Evaluation and Award of Contract ....................................................................... 27 B. Basis of Bid Award ............................................................................................... 28 C. References ........................................................................................................... 28 D. Cooperative Agreements ..................................................................................... 28 E. Contract Bonds .................................................................................................... 28 F. Failure to Execute Contract .............................................................................. 29 IX. Control of Work ........................................................................................................ 29 A. City-Contractor Relations ..................................................................................... 29 B. Care of Existing Structures .................................................................................. 29 C. Existing Utilities .................................................................................................... 30 D. Labor .................................................................................................................... 30 E. Use of City Personnel and Equipment ................................................................. 31 F. Materials............................................................................................................... 31 X. Measurement and Payment ..................................................................................... 31 A. Billing and Payments ........................................................................................... 31 B. Measurement and Payment ................................................................................. 31 C. City’s Right to Withhold Certain Amounts ............................................................ 31 D. Extra Work ........................................................................................................... 33 XI. Legal Responsibilities & Special Provisions ......................................................... 33 A. Assignment .......................................................................................................... 33 B. Termination of Contract ....................................................................................... 33 C. Rights and Remedies of City for Default .............................................................. 33 D. Permits and Licenses ........................................................................................... 33 E. Equal Employment Opportunity ........................................................................... 34 F. Ethics in Public Contracting ................................................................................. 34 G. Disclosure of Independence and Relationship .................................................... 34 H. Prevailing Wages and Labor Laws ...................................................................... 34 I. Insurance and Indemnification ............................................................................. 35 J. Public Convenience and Safety ........................................................................... 35 119

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K. Safety Orders .................................................................................................... 36 L. Hazardous Waste ............................................................................................. 36 M. Dust Abatement ................................................................................................ 36 N. Noise Levels ..................................................................................................... 36 O. Personnel Protective Equipment ...................................................................... 36 P. Right to Require Performance .......................................................................... 36 Q. Compliance with Laws ...................................................................................... 37 R. Venue ............................................................................................................... 37 S. Firearms ............................................................................................................ 37 T. Executive Order N-6-22 – Russia Sanctions .................................................... 37

Exhibits (Exhibits A through B-9 are to be completed and submitted with Bid) Exhibit A Bid Form ............................................................................................... 38-41 Exhibit B-1 E.E.O. Compliance Certification (To accompany bid form) ...................... 42 Exhibit B-2 Certificate of Non-Segregated Facilities .................................................... 43 Exhibit B-3 Bid Guarantee ........................................................................................... 44 Exhibit B-4 Non-Collusion Affidavit .............................................................................. 45 Exhibit B-5 Certificate concerning Workers Compensation Insurance ........................ 46 Exhibit B-6 Americans with Disabilities Act Compliance Certificate ............................ 47 Exhibit B-7 Ownership Disclosure Form ...................................................................... 48 Exhibit B-8 Drug-Free Workplace Certification ............................................................ 49 Exhibit B-9 Iran Contracting Act Certification ............................................................... 50

Exhibit C Sample Contract (for information only, do not submit with bid) ................ 51 Attachment 1, General Contract Provisions ............................................. 54 Attachment 2, Standard Insurance Requirements .................................... 56 Exhibit D-1 Locations Listing and Square Footages
Exhibit D-2 Locations Map
Exhibit D-3 Water Conservation Ordinance
Exhibit D-4 City of Visalia Labor Compliance Manual Exhibit D-5 Applicable State Prevailing Wages
Exhibit D-6 Monthly Irrigation Report Template
Exhibit D-7 Water Schedule Worksheet

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I. DEFINITIONS

For the purposes of RFB NO. 22-23-03, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

3. "Bidder", "V endor", "Supplier", “Consultant”, “Contr actor” and “Subrecipient” are used interchangeably throughou t this invi tation to mean the person , firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

4. “Bid” and “Proposal” are used interchangeably to mean an individu al’s or entity’s offer in respo nse to this Request for Bid.

5. “RFB” means Request for Bid No. 22-23-03.

II. INTRODUCTION

The City of Vi salia is reque sting bids for landscape maintenance of an ar ea identi fied as Quadrant B.

Maintenance of areas must include if applicable , but not be limited to, pruning, shapin g a nd train ing 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 duti es required to keep the area(s) in safe, attractive, usable condition and maintain plant and tur f condition with horticulturally accept able growth and co lor and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. C ontractor must have sufficient equipment and employees t o complete the work in accordance with the specifications and requirements of this Invitation to Bid.

This contract is for the maintenance of approximately 356,269 sq. ft. (8.18 acres) Refer to Attachment D-1 and D- 2 of this RFB for square footage and location details.

The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Award will be made to the lowest bidder whose proposal is deemed both responsive and responsible and meets the requirements and criteria set forth in this RFB.

Mandatory Pre-Bid Meetings have been scheduled for this project. Bidders are required to attend at least one of the mandatory meetings to be considered eligible to bid on this project. Meetings will be held in the City Council Chambers at Visalia City Hall, 707 W. Acequia Avenue, Visalia as follows:

Pre-Bid Meeting #1: Tuesday, May 9, 2023, at 2:00pm, and Pre-Bid Meeting #2: Wednesday, May 10, 2023, at 9:00am

Time will be set aside a t these meetings for Contractors to ask quest ions about the project work and contract requirements. It shall be the responsibility of the Contractor to have acquired full knowledge of the job sites, scope of work and any problems or difficulties that may affect the work proposed.

This Request for Bids is being issued by the City of Visalia Purchasing Division. Unless otherwise directed, all communications regarding this regarding this RFB should be direct ed to th e Purchasing Division at (559) 713- 4334. To prevent misinterpre tations, the Purchasing Division prefers that all q uestions be sent by e -mail to [email protected] or via fax: 559-713-4801.

Any revisions to t he Invitation to Bid wi ll be issued and distributed as addenda . Bidders are sp ecifically directed not to contact any othe r City p ersonnel for meetings, conferences, or technica l di scussions related to th is Invitation to Bid. Failure to adhere to this policy may be grounds for rejection of Bids.

Local Vendor Preference: In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a l ocal preference. The local preference will apply t o any bu siness that has a b usiness 121

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address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.

The local preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If ther e is more than one local vendor that is within the 5% range, the offer goes to the local vendor that i s closest to the low bid.

Public Works Maintenance contract: Notice is hereby given th at this is a Public Works Maintenance Contract.

In compliance with SB854 and Lab or Code Section 1 725.5, all contractors and subcontractors bidding and performing work on Public Wor ks Projects must: 1) Be currently re gistered with the California Department of Industrial Relati ons (DIR) , 2) Furnish electro nic payroll records for new pr ojects to th e Labor Commissioner.

Awarded Contractor will be required to furnish the City of Visalia with their DIR registration number. See Scope of Work, Section D and City of Visalia Labor compliance Manual (attached) for additional details.

Prevailing Wages: Awarded Contractor must comply with State Regulations that apply to this contrac t, including payment of prevailing wages. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per di em wages as determined by the Director of the California De partment of Industrial Relations. The prevailing wages a ssociated with this work are at tached as Exhibit D-5.

The City of Visalia affirmat ively ensures that Minority Business Enterprises and Disad vantaged Business Enterprises (D BE) will be afforded full o pportunity to submit proposals in res ponse to t his notic e. Individuals and/or entities submitting bids/prop osals to the City of Visalia will not be discriminated again st on the basis of race, religion, creed, age, color, national origin, ancestry, physical or mental disability, medical condition, genet ic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Ne wsom issu ed Executive Order N -6-22 (the EO) regarding Econom ic Sanctions against Russia and Russian entities and individ uals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By s ubmitting a bid or p roposal, Contractor represents that it is not a target of Ec onomic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

The City of Visalia reserves the right to reject any or all bids.

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III. INSTRUCTIONS TO BIDDERS

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

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

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

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

From: Bidders Name & Mailing Address

Marked: Landscape Maintenance Quadrant B
RFB NO. 22-23-03

4. Submit a security deposit of no less than 10% of the Bid amount to the City with the sealed Bid to guarantee the Bid. City will not consider Bids which are not accompanied by the required security. Security may be made by certified check, cashier’s check, or Bidder’s bond. Forfeitur e of Bid security shall be governed by California Contract Code Section 20172-20174.

5. Submit each of the required Certifications, Affidavits, Assurances, Statements an d Questionnaires a s w ell as optional waiver(s) to the City with the seal ed Bid. The city will not consider Bids which are not accompanied by the required completed forms.

6. Inquiries regarding this Request for Bids may be dire cted to the Visalia Purchasing Division, at (559) 7 13-4334. However, to prevent misinterpret ations, the Purchasing Department request s that all questions be submitted in wri ting via email [email protected] or via fax (559) 713- 4801. Questions regarding this RFB are due no later than 4:00pm on Tuesday, May 16, 2023.

IIVV.. IIVV.. CCOONNTTRRAACCTT AACCCCEEPPTTAANNCCEE AAFFTTEERR AAWWAARRDD

Contract Acceptance: After award of the contract, the Contractor will inspect and review current landscape and irrigation conditions of the project areas. The Contractor must provide a statement summariz ing the status of the current landscape condit ions and irrigation system al ong with a cost estimate to make the necessary corrections and present them to the Projec t Manager for review. The Project Manager will schedule a meeting with the Contractor to re view t he current landscape and irrigation cond itions of the project work ar eas and agree to a resolution and ap proval of the p roject areas . The Project Manager wil l provide a statement summarizing the resolution of the current landscape conditions and irr igation system an d must be executed by the Con tractor as stated below.

Acceptance of contract will be done in phases:

Phase 1: 10 acres or less the contractor will have (30) thirty days to inspect all areas and provi de summery of conditions to the Project Manager for a resolution. Once the resolution is agreed u pon the contract will accept the conditions and complete the resolutions within (4) four months of contract providing all material receipts and labor costs as agreed.

Phase 2: 10 to 20 acres the contractor will have (60) sixty days to inspect all area s and provide summery of conditions to the Project Manage r for a resolution. Once the re solution is agreed u pon the contract will accept the conditions and c omplete the resolutions within (5) five months of contract providing all material receipts and labor costs as agreed.

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Phase 3: 30 or more acres the contr actor will have (90) ninety days to inspect all area s and provide summery of conditions to the Projec t Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (6) six months of contract providing all material receipts and labor costs as agreed.

At least sixty (60) days prio r to the renewal of the c ontract a revis ed statement summarizing the landscape conditions and irrigation system of the project work area must be prepar ed by the City’ s project manager and executed by the Contractor.

The City will conduct regular inspecti ons of the land scaping work by the Contr actor and is sue observed “Out of Compliance” reports to the Contractor . The Contractor will be required to re view and remedy the observed “Out of Compliance” issues of those observed areas of the inspection reports by the City. This does not relinquish the contractor of any responsibility to inspect an d ensure that all are as maintained by the cont ractor are compliant as outlined in the contract.

Sixty (60) Days prior to annu al contract renewal or termination of co ntract, all landscape repairs and replan ting requested by the City’s Project Manager mus t be complete. Any wo rk left in an unacceptabl e condition wi ll be cause for delay of final pay ment to Contractor until such tim e as the City has repairs and replanting completed.

Final payment will be reduced by the cost of these repairs and replanting.

VV.. VV.. SSCCOOPPEE OOFF WWOORRKK//SSEERRVVIICCEESS

A. STANDARD REQUIREMENTS AND LEVEL OF SERVICE
Maintenance of areas must include if applicable, but not be limited to , pruning, shaping and tr aining 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 conditi on and maintain plant and turf co ndition w ith horticulturally acc eptable gro wth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. Contractor must have suffici ent equipment and employees to co mplete th e work in accordance wi th the spec ifications and requirements of this Invitation to Bid.

LEVELS OF SERVICE
The City of Visalia prefers the highest l evel of service for all areas of the Quadrant , however the Ci ty reserves the right to determine wh ich level of service (frequency of service) will be assigned to each area in every Quadrant. Available funding in each Quadrant will determine th e l evel of se rvice assigned to each particular area of the Quadrant. The City of Visalia may find it necessary to assign a service level of less frequency (Level B or Level C S ervice) to specific areas of a Quadran t. Thus, the Bidder shall provide pricing for all Levels of Service where indicated on bid form.

Service
Level
Frequency of Service Number of
Services
Annually
A Once per week intervals 52
B Two-week intervals 26
C Once per month intervals 12

1. Standards. Contractor must perform services in a manner commensurate with the highest quality professional s tandards of the lan dscape maintenance profession, using q ualified and experience d personnel and high-quality equipment and materials.

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The specifi cations and standar ds must be met by Contracto r a t all times regardless of Contractor’s employees’ absence or established staffing pattern and levels.

2. Working Day. The contractor's act ivities must be confined to the hours betwe en 6:00 a.m. PST and 6:00 p.m. PST, Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior written consent of the City, except in emergencies involving immediate hazard to persons or property.

• No normal and routine mainten ance operations tha t cause excess ive noise sha ll be performed before 7:00 a.m.
.
• All or some locations ma y require blowing of parking lots and other ha rdscape areas prior to normal busi ness hours o f 8 a.m. PST to avoid materials being blown onto private vehicles and customers, i.e., Civic Center, and other customer-based facilities.

Contractor shall comply wi th the City of Vis alia’s Municipal Code, Title 8 Health and Safety, Chapter

8.36 Noise. The City of Visalia Municipal Code can be found at www.visalia.city.

3. Company Identification.

• All empl oyees mus t wear uniforms or other identifying clothing, to mak e clear to all observers that they are employed by the contractor.

• All vehicles (trucks, etc.) used in the course of fulfilling this contract sha ll have appropriate company ident ification, vi sible to all observers, to identify vehicles as being owned by the contractor.

4. Professional Conduct. Contractor and contractor’s employees m ust conduct themselves professionally at all times in public and whe n dealing with City staff and/or Visalia citizens. This will include but not be limited to refraining from using profane or v ulgar language in public area s while performing work under thi s 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 indirec tly, the contractor shall immediately inform the Project Manager of the concern (including the resident’s nam e a nd pho ne number if possible), and what act ion 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 Quadrant’s residents will result in a $100 liquidated damage s assessment or contract termination . The amount of damages for these type s of issues is di fficult to estimate, therefore a $100 liquidate d damages assessment (per incident ) shall represent costs incurred by the City i n responding to complaints concerning the Contractor.

6. Mowing All Turf areas co vered 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 s ystems must be mai ntained, rep aired, and adjusted to prevent wetting of adjacent streets and water waste during the irrigation cycle.

Contractor shall follow th e City’s and State’s water regulations. There will be a liquidated damage assessment of $100 per incident or termination of con tract if multiple or gross violations occur in recognition of the i mportance of water conservation. The amount of damage for the se types of issues is difficult to estimate and t herefore, $100 shall represent costs incur red by the City in responding to complaints concerning the Contractor.
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8. Signage. All r egulatory park , street, and traff ic signs, trail head signs, ci ty 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 reser ves the ri ght to reject any chemicals Contractor an d/or their subcontractors propose to use, prior to or during actu al use. Safety Data Sheets (S.D.S.) shall be provided to City prior to award of contra ct and in case of changes after a ward of contract at least thir ty (30) days p rior to usage by Contractor for any che micals while performing this contract.

Materials shall be non-staining, non-corrosive, and shall not le ave a flammable residue. Contractor shall not use pesticides in C ategory 1 (no chemic als with L D50 levels lower t han 500 mg/ km).

These w ould include, but not be limited to, several organophosphate and carbamate possessin g 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 mus t still be submitted indicating to the City that no chemicals were used.

10. Fertilizer. Short release f ertilizer: Only commercial ferti lizer containing ten percent (10%) or more nitrogen (N), available phosphoric acid (P205) or eight percent (8%) soluble potash (K2O), singly or collectively may be used. Generally, 16 -6-8 would be nitrogen coming from an ammonic or nitrogen source. A slow-release fertilizer shall have at least half of the nitrogen coming from a coated slow- release nitrogen source.

Fertilization will be on an as ne eded 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 cove red by the contract must be kept free of de bris and potential safety hazards generated by b ut no t limi ted to, leaves, grass clippings, pruning, weeding, tr imming, and other operations of t he contractor, as we ll as bottles, cans, trash and pape r and other y ard waste.

All tra sh and debris are to be removed and dispos ed 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 re spond immediately to emergencies.

Emergencies are ge nerally construed as those events that in the op inion of Ci ty staff constitute an immediate danger or hazard to property or persons, or that significantly violate water conservation requirements. If the emergency condition is identifie d and the contractor is notified (either through discovery or by contact from City personnel) during normal work hours, the contractor must r espond to the emerg ency within two hours unless otherwise specified. If discovery or notification occurs after normal working hours, the contractor must respond by 10am on the follow ing working day.

Contractor mu st provide some ac ceptable method by whic h contact can be ma de i n case of emergency, i.e., paging system, cell phone, etc. and shall also provid e a method b y which non - emergency messages can be received during the workday, i.e., phone messages, email, etc.

13. Reporting and Inspections

Status Reports
a. A written repor t is to be prepared by the Contractor and given to the Project Manager monthly. Th e report shall include a descrip tion of unusual circumstances, locations of any 126

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homeless encampments that are found in area s being maintained by the Cont ractor, lighting that is inoperable, major irrigation breaks, safety hazards, etc. For emergencies and safety hazards, the Project Man ager is to be called immediately. Failure to pr ovide a report may result in a a $100 penalty per incident or terminat ion of contract if mult iple incidents are noted. The reports are important especiall y if they are safety h azards. 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 sc hedule a meeting with th e Project Ma nager no less than once per month to review the work site to ensure compliance with the contract specifications and standards. At this meetin g, Contractor or Contractor’s sup ervisor shall sign the meeting attendance and inspection reports prep ared by the City, pro vide all chemical use and proposed use reports, irrigation inspection and schedule ch anges, and usage and/ or proposed fertilizer usage reports and discuss major accomplishments for the previous month, notable pr oblems, schedule changes and goals a nd d eadlines for the coming mon th. The Project Manager shall discuss areas out of compliance and options to bring areas back into compliance with contractor. Proj ect Managers shall discus s any penalties to the contract or and/or intensions to withhold pay ment of i nvoices. Project Mana ger shall document these meetings. Failure to atten d these meetings may be cause for a $100 penalty per incident or termination of cont ract if Contractor has failed to meet with City staff after multiple attempts to discuss gross breaches of duty.

c. The P roject Manager shall report any maintenance deficiencies to Co ntractor.

Contractor must correct any deficiencies at Contractor’s cost w ithin five (5) working days of written n otification. Unusual hort icultural problems such as pests, d isease, and damages that are be yond the sco pe of Contractor’s responsi bility shal l be brought to the attention of Project Manager.

d. A Chemical Use and Prop osed W ork Report must be comple ted for e ach chemical application and proposed application. These rep orts shall be submi tted each mo nth during c ontractor’s monthly meeting with City’ s Project Manager . Failure to submit reports may delay the City’s payment to Co ntractor and be cause for a liquid ated damage assessment of $100 per incident . The amo unt of damage and costs to the City for these types of issues is difficult to e stimate and therefore, $100 shal l 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 repor ts 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 Ins pection r eports (desc ribed below), irrigation schedul e changes, and contractor signed landscape inspe ctions from the C ity must be submitted with month ly invoice before payment will be made . Failure to submit all reports may delay the City’s payment to Contractor.

B. LANDSCAPE MAINTENANCE – SPECIFICATIONS

1. Irrigation. Irrigation must be done with the use o f automatic or manual sprink ler systems where available and operable, unless outlined in the initial accept ance inspections for repairs. These areas will be a ddressed with Con tractor during initial inspectio n and noted for reg ular monthly inspections. Failure of an exi sting system to provide full and ad equate 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. neces sary to accom plish proper coverage shall be the contractor's res ponsibility. Exclusions will be identified in description of areas and will be addressed with Contractor during in itial inspection. 127

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Original brand and size of heads and nozzles will be used in replacement of vandalized or fa ulty heads in turf and planter areas.

Contractor is respons ible for all repairs to the irrig ation system starting at the Ci ty side of the water meter, with the exception of the testing of the back flow and repair/replacement of the irrigation controller. Original, or equivalent, brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas.

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 adjustment s or repairs necessary to maintain healthy turf, plant growt h, p revent dry spots in t urf, plants, and shrubs, and prevent excessive run -off into streets or other areas not int ended to be irrigated. Care mus t be taken to prev ent wasting water, causing soil erosion, or allowing seepage into existing underground improvements or structures.

The con tractor shall ke ep controllers and valve boxes free of dirt and debris ; r epair, replace, clean, adjust, straighten, raise, or lower the following sprinkler system components:

• Sprinkler heads
• Sprinkler risers
• Quick coupler valve boxes
• Hose bib boxes
• Remote control valves
• Remote control valve boxes and covers
• Maintain and rep lace batterie s in battery operated controllers on a continual basis
• All irrigation wiring shou ld be maintained to City standards including pro per splices using DBR/Y-6 splice kits
• Proper solenoid 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 co uld cause the controller to be non-accessible or damaging to the controller

If contractor fails to keep sprinkle r nozzles pr operly ad justed/aligned to prevent wa ter waste, repair or replace mal functioning, broken or missing sprinkler heads a nd/or sprinkler head risers and water waste results, the City of Visalia reserves the right to bill contractor for excess amoun t of water in additio n to as sessing a liquidated damage assessment of $100 per in cident. Because It is difficult to estimate the p otential losses in water and the costs for City response time to compl aints from residents, $100 has been establi shed as a reasonable assessment.

The Contractor shall prepare a writ ten Irrigation Inspection Report (a report template has been included with this RFB, as a sample for Contracto r). 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 irrigat ion systems for any malfunction on an inter val established by Le vel of Service assigned f or the area. This must be accomplished by utilizing a remote-control receiver to place the controller in test mode and visually inspecting sprink ler operation. This includes, but is not limited to breaks in irrigation lines, irrigation v alves, heads, leaks and washouts, s aturated 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 caus e for liq uidated damage assessments of $ 100 p er incident o r termination of contract. Because It is difficult to 128

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estimate the p otential los ses 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 ru n off or overflow onto h ard surface areas must be ke pt to an absolute minimum so as not to cause waste of water, pedes trian 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 asses sment of $100 per inc ident 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 Res ponse 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 s ystems shall be made by a Public Works De partment representative. Any repairs deemed the c ontractor's responsibility must be made by the contractor prior t o the end of the contract period.

If the repairs made are not to the Project Manager's satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepanc ies determined by the Project Manager.

c. Repairs. Irrigation systems which are damaged by vandalism or in any way a s a result of work per formed under this con tract must be repaired or repla ced in k ind and in a n approved manner by the contractor. Repair s mu st be made immediate ly aft er dam age occurs, unle ss otherwise direct ed. Vandalism will be documented by the contra ctor with the use of digital photo s or vide o tape and supplied to the Pro ject Mana ger as proof of vandalism. The preferred method of tran smission of photos would be di gital 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 mater ial(s) used to repair vanda lism damage and submit to Project Manager for reimbursement of materials only.

• Normal Repairs = Contractor is respon sible for all normal repairs (i.e. Main l ine (including from water servi ce meter t o the b ack f low), valves, con trol wires, sprinklers, noz zles, lateral lines, etc .) The City is not responsible for any repairs needed past the irrigation controller. The ba ckflow device s annual maintenance/testing will be the responsibility of the
City of Visa lia. All normal repai rs are the sole responsibil ity of the contractor except for repairs needed due to vandalism. Repairs not made within twenty-four (24) hours of n otification o r not completed to th e 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 Irrigation Controllers, Booster Pumps, or Backflow Devices. All major repairs are the responsibility of the contr actor to repai r an d make operable but must be authorized by Project Manager in writing prior to repairs being made. Hourly rate 129

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plus materials for major repairs to be authorized by Project Manager pr ior to any work being done. Contractor is responsible t o rep ort in wr iting any issues with these devises to the Project Manager for authorization to repair or replace.

Failure to complete repair s in t he all otted time on a repeated bas is will cause the Contractor to have the full costs of repairs deducted from monthly billi ng a nd may be grounds for terminati on of contract. Contractor will be respo nsible 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, g reen, healthy growth pattern a nd promote deep root growth. (If City water restrictions are imposed to conserve water, they will supersede the previous statemen t). Water shall be applied in short repeat cycles of 3 - 5 minutes each to prevent water run -off in to street. Care shall be taken to not over water or waterlog any soil. Contractor shall turn off irrigati on 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 g round cover areas sha ll generally be applied between 12:00 a.m. and 6: 00 a.m. where possible, to l ower the risk of f ungus in turf. Drip stations may be operated during daytime hours.

e. Water Sche dule. Turf and landscape watering shall be sch eduled in acc ordance with prevailing water conservation requirements, and unless ot herwise spe cified shall be scheduled Tuesday t hrough Sunday. No watering shall be allowed on Mo nday without prior approval of Project Manager. Irrigation program shall be set up so tha t no water is applied to turf 48 hours prior to mowing . Overhead systems shall not be operated between 8:00 a.m. and 6 p.m.

Contractor will be responsible for any fines associated with not follo wing the City’s Water Conservation Rules and Regulations.

A proposed quarterly schedule of watering shall be provided to the Pro ject Manager one (1) month a fter aw ard of con tract. Each time the schedule is changed a new updated schedule must be provided to the PM.

f. Ground Cover . Sufficient amounts of water sha ll be applied to grou nd cover areas to maintain a healthy growth patter n and promote deep rooting. Care shall be ta ken to not over water or waterlog soil.

g. Banks and Slopes. Sloped landscape are as shall be irrigated in short cycles as require d to prevent water runoff , and to maintain horticulturally acceptable growth and co lor.

Irrigation practice is to promote deep root growth with a minimum of run-off.

h. Shrub and Trees. All shrubs and trees s hall 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 acc ording to shrubs or tree types and seasonal weather conditions. De ep 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 applie d to promote normal, healthy g rowth. Watering basins around newly planted shrubs and tree s t o be used during e stablishment period. It is the contractor’s respo nsibility to contact the City’s Natural Resource and Conservation Department to get a twenty -one (21) day 130

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establishment permi t for any ad ditional irrigation that will be nee ded for newl y planted plant materials.

j. Remote Control Receiver: Upon contract com mencement, the contractor is required to have a radio -frequency ready remote-control receiver t hat is compatible with all maj or irrigation systems. It is the responsibility of the contr actor to obtain and p urchase these devices unless it is a Toro Sentinel controller. The City of Vi salia will supply the contractor with the Toro Sentinel remote cont rol to use for the duration of the contract. The Toro Sentinel controller(s) s hall be retu rned to the City at t he conclusion of the contract.

Continuous activa tion o f va lves by manual sol enoid or bleeding valve stem can be damaging to the fragile irrigat ion mechanisms. The remote co ntrol allows the contractor to inspect the irrigation system effectively by utilizing the technology currently in place.

2. Weed Control.

a. Weed control clarifi cation. For the p urpose of this specification , a weed shall be considered to be any undesirable plant or plant growing out of place.

• Maintenance shall inc lude 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 l awns, planter areas, median islands, and tree we lls 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 are a. Weeds ma y be controlled b y mechanical methods, or chemical methods at the discretion of the contractor.

• Weeds reach ing height or width of four inches (4") shall be p hysically removed from landscaped areas.

• Seedlings growing out of desi red landscape plants sh all be removed and c hemically treated to terminate the growth of the undesirable seedling.

b. Use of Chemical Herbicides. The contractor shall abide by all rule s and regulations of the California State Dep artment of Food and Agricult ure, Department of Heal th, and Department of Industrial Relations regarding the safe appl ication of herbicides under this contract. Care shall b e taken t o ensure the safety of the pu blic and the contractor's emplo yees during chemical weed control operatio ns. The Project Manage r may restrict the u se of che mical weed c ontrol in certain areas. Pesticide Applicators L icense i s r equired t o a pply herbicide. C ontractor must supply a copy of this license to the Project Manager.

Failure to provide documentation of active license may result in a liquid ated damage assessment or termination of contract.

Contractor shall take necessary precautions to prevent herbicide drift onto non-target plants.

3. Diseases and Pest C ontrol. The contractor must regularly inspect all landsc aped areas for the presence of disease, insect, or rodent infesta tion. The contracto r shall notify the Project Ma nager within three (3 ) days of finding such a condition, outlining identification and control measures to be taken. Upon approval of the Project Manager, the contrac tor shall implement the approved control measures utilizing all safeguards necessary to protect the public and contractor's employees.

a. Use of Chemical Pesticides . All rules o f the California State Department of Food and Agriculture, Department of Heal th, and Department of Industrial Relation s regarding safe application of pesticide s under this contract shall b e observed. Pesticide Applicators 131

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License-Category B and C, along w ith a valid Maintenance Gardener Pest Control Business License are required t o a pply pesticide. Contractor shall take necessary precautions to avoid pesticide drift onto non-target organisms.

b. Rodent Mounding. Mound of soil in turf and planter ar eas caused by rodent activity shall be raked down at the intervals established by the Level of Service assigned to th e area, to prevent soil build up in turf and aroun d p lants. All curbs, gu tters, and other har dscapes adjacent to th e maintenance areas wil l 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 (goph er, 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 a reas that are used by walkers and pedestrians for safety (i.e. trails, turf, DG pat hs, 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 al low for full coverage of the irrigation system. Pruning is to be done in a manner that promo tes 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, she aring, or oth er se vere pruning will not be allow ed ex cept wi th prior approval. All debris fr om 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 r easonable bounds to prevent its encroachment into walk, passageways, and streets. Clear vi ew of traffic signs a nd intersections is to be maintained at all times.

All shr ubs and pl ant growth in planter a reas along walls are to be maintained to a height no greater than f our feet (4’) 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 t rees, multi-trunk trees, or large shrubs (i.e. Western Redbuds) must also be raised or thinned to maintain site line visibility.

Pruning is to be done in a manner that promotes the plant's natural growth characteristics.

Small shrubs and ground covers must be kept below thirty (3 0) inches at road level to allow for visual site of oncoming traffic.

b. Removal. All dead, dyi ng, or damaged plants (including trees) and a ny branches must be removed immediately. This debris, including plant growth re moved by contractor, shall be removed away from job sites and appropriately disposed o f 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 day lily, agapanthus, and similar plants sh all be removed on a monthly frequency. Dead leaves around base of plants shall also be removed on a monthly basis.

c. Trees. T he contractor is responsible for remov al of s uckers, limb growth that inhibits site line visibility of any traffic, and all p runing that can be reached wi th a twelve-foot (12’) pole saw by a person standing on the ground as part of this contract. 132

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All trees are to be ma intained in their natu ral 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 a chieve the trees natural growth characteristics and to me et International Society of Arboriculture (I.S.A.) Stand ards; all cuts shall be made cleanly with no stubs or projections remaining.

No weed w hackers or h edging type tools shall be allowed to trim and maintain trees. The use of im proper tools and techn iques r esulting in the negligent and irresponsible care of trees or plants, thus ca using dam age to trees or plants a nd resulting in the need for the Project Manager to hire outside services to correc t t he damage will r esult in those c osts associated with t he corrections being deducted from the Contractors month ly invoice along with a $100 liquidated damage assessment per incident or up to termination of the contract.

Canopy clearance a bove sidewalks , b ikeways, and other pat hways of 1 0'0" is to be maintained for pedestrian safety.

All regulatory street and tra ffic signs mus t be clear of tree and plant growth at all t imes for sight clearances.

Clippings must be pi cked up, hauled away, an d disposed of by the Contractor immediately and appropriately.

Leaves in pla nter areas shall b e removed on a monthly basis. In addition, d uring seasonal drop leaves will need to be r emoved off of walkways as nee ded for safety. Fallen l eaf material shall be removed off the plants regularly to allow for proper plant growth.

Newly planted trees that do not have trunk caliber sufficient to support tree shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species.

Until young trees are strong enough to s tand alone, they s hall be flex -tied between two (2) approved two-inch (2") diameter x eight foot (8') treated tr ee stakes. Tree stakes shall be of treated lodge pole pine. Metal stakes may be requ ired in so me areas. Tree ties made of extruded vinyl base, 1” wide, and a minimum of .01” thick shall be used to s ecure the young trees. Tree ties to be inspected often for signs of girdling or abrasion.

Contractor must maintain a three-foot (3’) diam eter circl e free of grass/weeds aro und all trees located in turf areas.

Trees damaged by maintenance equipment sha ll be replaced by contractor with like siz e and species. Contractor is responsible for all costs related to replacement.

Maintenance shall include th e removal of dead trees, limbs, and dead le af material at the intervals established by the Level of Servi ce 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 per the discretion and determination of the Project Manager.

Young or new t rees along trails, paths, riparia n landscapes, Land scape and Lighting Districts, parkway strips, and pocket parks shall be maintained, pruned, an d shaped to promote their eventual development into strong, healthy repr esentatives of their species by the contractor for the first three (3) y ears of the trees life within the landscape. Stakes must be re moved when tree has sufficient strength to suppor t itself. These costs a re to b e factored into the planter costs. Project manager will instruct contractor when tree stakes are to be removed. Contractor is res ponsible for the proper disposal of all press ure treated 133

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wooden tree stakes. All metal stakes in good condition must b e taken to C ity of Visalia, 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, l eaning, having hanger limbs, or in some manner co nstitutes a safety hazar d. Failure to notify Project Manager may result in a liquidated damage assessment of $100 per incident to recover the l osses 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 o nto walks, passageways, streets, curbing, and trails to allow f or 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 a nd 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 re quested by the Project Manager. Project Ma nager will request separate pricing for fertilization w hen it is required . A slow- release fertilizer will be applied when fertilizer is requested by Project Manager.

When fertilizer is applied as needed, to main tain healthy and vigorous plants : The City anticipates that primarily nitrogen will be deficient i n soils; however, Contractor shall identify and c orrect 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 beginn ing a fertilization program, Project Manag er shall submit to the Contrac tor, a schedule showing sites to be fertilized.

The Contractor shall submit to the Project Manager a schedule s howing the dates and app roximate times of fertilizer applications. Timing or number of sites fertilized per day o r week shall not be set up to preclude normal on-site maintenance work.

Once the Project M anager has requested that fertilization is necess ary the Contractor shall notify Project Manager at least ten (10) days b efore any fertilizer applications. Receipts for the Contractor’s purchase of the approved fertilizer will be required and must be subm itted to the Project Manager with monthly invoice.

Note: Subject to app roval of the Project Manager, fertilization may be a ltered by use of slow- release fertilizers such as Woodace containing IBDU formula.

6. Replacement of Plant Material

a. The contractor must notify the Project Manager within three (3) days of disco very of loss of turf, shrub, ground cover, or tree material due to any cause.

b. The contractor must supply all labor and mater ials 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 ca re by the Contractor shall be the responsibility of the Contractor.

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Contractor is not re sponsible 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 neglige nce shall be determin ed by the Project Manager.

The size and species o f replacement plant material shall also be determined by the Project Manager but shall be reasonably equal to the plant material that is being replaced.

In regard to trees, where there is a difference between the tree lost and the replacement tree, the difference will be deducted from the contract payment. The value will be determined using the latest American Shade Tree Conference guidelines.

c. Any plant damaged or lost through fires, storms, or water res trictions in response to drought conditions, theft, vehicular damage, or vandalism that are not the responsibility of th e contractor (as d etermined by the Project Manager), shall be r eplaced 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 rat e established in this contrac t and p ay for repl acement materials at COST plus 10%.

From time to time it may be necessary or desirable to replace some plants to enha nce 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 an d cost of replacement materials. All landsca pe repa irs a nd 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 contrac tor s hall supply itemized labor hours and material cos t invoice(s) with monthl y 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 Le vel 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 r utting, tear ing or sliding on t he turf surf ace or whe n it could be unsafe for contractor’s employees to operate equipment.
• All lawn areas in this contract must be mowed wit h 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 wit h the size of equipment, which w ill give a neat appearance without rutting, slidi ng ov er, or sca lping the turf. This will b e str ictly adhered to, including cases of steep turf slopes.
• Blades must be kept sharp at all times to prevent turf damage. • Mowing p atterns 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 clip pings must be removed promptly and dispos ed of at t he Contractor ’s expense unless they will dry and drop beneat h the growing leve l of t he turf within twenty-four (24) hours.
• Recycling c utting decks that provide an accept able cut may be used if written approval of Project Manager is obtained prior.

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Contractor’s emplo yees shall take care to avoid o bstructions such as elec trical box es, signage, b uildings, vehicles, etc. Contra ctor shall be responsible for repair of damage caused by its mowing or other activities.

Contractor shall take g reat 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 destroye d and shall be replaced at the Co ntractor’s expense w ith 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 a nd tw o 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 o f Service assigned to the area on a prese t day and rou te. Any cha nges to this sched ule 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 a reas shall be maintained at a l evel that will ensure a healthy, g reen color and uniform growth.

c. Broad Leaf and Noxious Weeds. These weeds shall be controlled on a continuous basis by chemical or manual method. Chemicals used for control shall b e registered for use on Fescue and Berm uda turfs. A Broadleaf an d Crabgr ass pre-emergent her bicide shall be applied b etween mid -January and Mar ch and again b etween September and Mid - November of every year . Herb icides suc h as Dimension, Pendulum, or Barri cade are recommended during this applic ation perio d. For post broadleaf weed cont rol Triplet , Trimec, or Triamin e will be applie d to co ntrol Br oadleaf and Cr abgrass weeds that are currently growing and weather c onditions permit the appl ication. Contractor wil l n otify the Project Manager of the application dates and provide a schedule of areas treated as completed.

d. Edging. All tu rf adja cent to improved surfa ces shall be edged a minimu m of once every mowing. Unimproved surfaces between turf and planter areas and/or property lines shall be edged a minimum of once per month to maintain turf delineation.

String trimmers, a.k.a. weed eaters, shall not be used around trees.

e. Clean-up. All surfaces shall be free of grass clippings and debris including turf, gutters, and street upon completion of mowing and edging operatio n. It i s the res ponsibility of the Contractor to remove these items immediately and dispose of them appropriately.

f. Turf grass seeding . Turf gras s s eeding will be done on an as -needed basis when requested by Project Manager. Th is is consi dered additiona l work a nd wi ll be paid 136

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separately from this con tract. Contractor shal l provid e Project Mana ger a quote for work prior to work being started. When seed is used, areas shall be top-dressed with humus.

g. Renovation. Renovation wil l be done o n an as -needed basis when requested by Proj ect Manager. Project Manager will furnish square footage and loca tions for renovation This is considered additional wor k and will be paid separa tely from this contract. Contractor shall provide Project Manager a quote for work prior to work being started.

Turf renovation to remo ve accum ulated t hatch fr om all sites u nder this contract must be accomplished by power raking or dethatching rakes on turf (care shall be taken so turf is not damaged).

A sch edule of eq uipment to be u sed by t he contractor shall be submitted to the Project Manager for approval 10 days prior to beginning work.

Refuse generated by renovating shall be remo ved not later t han the day followi ng th e 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 fro m this contract.

Contractor shall pro vide Project Ma nager a quote for w ork p rior 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 sh all be periodically edged to keep them in th eir intended space.

Groundcovers shall not be al lowed to encroa ch into sidewalks, lawns, shrub beds, or other areas deemed as undesirable by the Project Manager.

c. Groundcover p lantings shall be periodically thin ned an d pruned for vigorous growth and overall appearance of the site.

d. Groundcovers in media n and other Rig ht of Way areas mu st be t rimmed below thirty (30) inches at road/asphalt level for sight clearances for traffic safety.

e. Wall covering of Ficus Pumila and other vines, will b e trimmed back close to the wall and removed from trees and shrub s, and removed from planter areas as nee ded. Wall coverings shall not be allowed to grow over the top of the wall.

9. Hardscape Areas. All patios, curbs, gutters, pathways, sidewalks, and oth er hardscape ar eas (i.e.

Center median island points, r oundabouts, 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 d ebris and potential safety hazards generated by but not limited to, leaves, grass clippings, pr uning, 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 int ervals established by the Level o f Service and at the contractor’s expense.

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Note: If a nd when using a b lower or other pow er equipment the City’s municipal code

8.36.050 Exterior n oise standard s--Mobile noise sources prohibition against use. It is unlaw ful to operate a ny of the below -listed devices, appliances, e quipment, or ve hicles on p ublic or private property abutting noise sensitive l and uses between the weekday hours of seven p.m. and six a.m., and between the weekend hours of seven p.m. and nine a.m.

a. Power-assisted leaf blowers, lawn mowers, edger s, or ot her power equip ment used for the maintenance of property;

b. Vehicle equipment, which equipment is not expressly regulated by state or federal statute, such as car radios or sound amplification equipment which is audible more than twenty-five (25) feet from the exterior of vehicle;

c. Construction equipment including jackhammers, portable generators, pneumatic equipment, trenchers, or other such equipment, except for emergency repair purposes as provided in Section 8.36.070.

Refer to Exhibits D-1 and D-2 for square footages and locations.

C. IIMMPPOORRTTAANNTT NNOOTTIICCEE
The City of Visalia will n ot be responsi ble fo r oral in terpretations given by any City employee, representative, or others . B idders are cautioned that any statements made that mat erially change any portion of t he bid d ocuments shall not be relied upon u nless subsequently r atified by a formal wr itten amendment to the b id document. The issuance of a w ritten adde ndum is the on ly o fficial method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Invitation to Bid, the City will attempt to not ify all p rospective v endors who have secured same.

However, it will be the responsibility of each vendor, prior to submitting the com petitive bid, to contact the Purchasing Division, 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addenda were issued and to make such addenda a part of the competitive bid.

D. STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements

This contract is considered a public works maintenance contract and therefore, subject to DIR monitoring.

All contractors and subcontractors bidding and performing work on Publi c Wo rks Project s m ust be currently registered w ith the California Depart ment o f Industrial R elations. Awarded Contractor is required to furnish electronic payroll records for new projects to the Labor Commissioner.

No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids by unregistered contractors submitted after will be rejected as non-responsive.

A contractor or su bcontractor shall not be qualified t o bid on, be li sted in a bid propos al, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform p ublic work pursuant to Section 1725 .5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Busi ness and Profe ssions Code or by Section 10164 or 20103.5 of the Public Contract Cod e, p rovided the contractor is regis tered to perform public wo rk pursuant to Section 1725.5 at the time the contract is awarded.

If a project labor agreement (the term “proj ect labor agre ement” is defined in P ublic Contr act Code 2500(b) ( 1) as a pre -hire c ollective barga ining agreement that establishes terms an d conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) 138

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of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract C ode section 2500(a). City of V isalia has no ordinances requ iring or prohibiting such agreements.

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the pu blic works contract for thi s project and therefore, the C LC contract language requirements are incorporated into the contract.

❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform an y public work f or the City of Visal ia. Pro of of registration for each c ontractor and subcontractor listed on the bid is required.

❑ As set forth i s CLC section 1771.4 (a)(1), notice is gi ven that this pr oject is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.

❑ As set forth in CLC section 1771.4(a) (2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace po stings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html .

❑ The co ntractor an d each sub contractor shal l maintain all p roject records r equired under CLC for public works p rojects and pre serve them for a min imum 3-year period to begin o n the da te a N otice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.

❑ In accordance with CLC s ection 1773.2, the contractor is required , by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing r ate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.

❑ In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall;

o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each we ekly payroll as specified in section 1776 containing a st atement of compliance with labor code sections 1771, 1811, and 1815, signed under penalty of perjury.

o Make available or pro vide a certified cop y of these pay roll records an d their s upporting documentation with in 10 days to a ll authorized p arties upon writ ten re quest and be subject to penalties for non-compliance as detailed in labor code section 1776.

o Inform t he Ci ty of Visal ia of the lo cation o f the payroll records kept in compliance with labor cod e section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.

❑ The City of Visalia will comply with an y prevai ling wage monitoring and enfo rcement activities required by the labor complian ce programs of the Departm ent o f Indu strial Relation s including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).

❑ As set forth in labor code s ection 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontr actor for performance of work on th is public work project:

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o As s et forth in CL C section 1775 (b)(1), any co ntract executed between a contractor and a subcontractor for the pe rformance of wo rk on a City of Visalia public w orks project shall include a copy of the provisions of Labor Code secti ons 1771 , 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.

o As set fort h in CLC sectio n 1776, the subc ontractor shall maintain and furnish directly to the Labor Commissioner, bi -weekly, a c ertified copy o f each weekly payroll as spe cified in sect ion 1776 containing a stateme nt of compliance with labo r code sections 1771, 1776, 1811, and 1815, signed under penalty of perjury.

o As set forth in CLC section 177 5(b)(2), the co ntractor shall monit or the p ayment of the specified general prevailing rate of per diem wag es by the subco ntractor to the employees, by periodic review of the certified payroll records of the subcontractor.

o As set forth in CLC section 1775( b) (3), upon becoming aware of the failure of the subcontractor to pay h is or her wo rkers th e specified pr evailing rate o f wages, the contractor sh all d iligently t ake corrective action to halt or rectify the failure, including, but not limited to, retainin g sufficient funds due the subcontractor for work performed on the public works project.

o As set forth in CLC section 177 5(b) (4), prior to making final payment to the subcontractor for wo rk performed on the public works project, the contractor shall obtai n an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her e mployees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.

❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

❑ Only apprentices, as defined in CLC section 3077, in trainin g unde r apprenticeship standards approved by the Div ision of Apprenticeship Standards ( DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works.

❑ Unless exempted under CLC secti on 177 7.5(j), a c ontractor working on a public works contract of $30,000 or more shall employ t he nu mber of apprentices or th e rat io of apprentices to journey men stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.

❑ The prime contractor is responsible for compliance with the requirements of CLC sect ion 1777.5 for all apprenticable occupations employ ed on the contr act. As stated i n 1777 .5 (o), the apprenticeship requirement does not apply to contracts of general con tractors or to contracts of specialty contractors not bidding for work through a gener al or prim e contractor whe n the contr act is less th an thirty thous and dollars ($30,000).

❑ As stated in section 1777.7(e), the prime co ntractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:

o The contract executed between the contractor and the subcontractor for the performance of work on the public wor ks project shall include a copy of t he provisions of section 1771, 1775, 1 776, 1777.5, 1813, and 1815. These labor code s ections must be included w ithin or as attachments to the contract.

o The contractor shall continually monitor a subcontractor’s use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. 140

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o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the co ntractor shall tak e cor rective action , including, b ut not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.

o Prior to making a final payment to the subcon tractor for work performed on the public works project, the contractor shall obtain a declaration signed under p enalty of p erjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.

❑ The prime contractor i s r equired to prov ide a signed affida vit declaring their complianc e with California Labor Co de s ections 1771 (prevailing wage) and 1 777.5 (apprenticeship) for all wor kers employed on the contract before final payment will be made on the contract by the City of Visalia.

Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:

❑ As set fort h in CLC section 1773, the City of V isalia s hall obtain the general prevai ling rate of per diem wages and t he general prev ailing rat e for holiday an d overtime work i n the lo cality in which the public work is to be performed for each craft, classification, or typ e of worke r needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticable trades. In accorda nce with labor code section 1773.2, this information is to be includ ed in the contract itself.

10 days b efore th e clo sing d ate of the bid, the project ma nager wi ll review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. Gen eral prevailing wage determinations m ade by t he director of industrial relations for journeyman and apprentices may be found at:

http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp

EE.. CCIITTYY OOFF VVIISSAALLIIAA LLAABBOORR CCOOMMPPLLIIAANNCCEE MMAANNUUAALL Consultant shall fulfill requirements of Department of Industrial Relations and California Labor Codes by complying with the City of Visalia Labor Compliance Manual which is incorporated into This RFB and subsequent contract by reference and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.

VVII.. GGEENNEERRAALL CCOONNDDIITTIIOONNSS

AA.. CCOONNTTRRAACCTTIINNGG AAGGEENNCCYY
The contract res ulting from t his Invit ation t o Bid wi ll be administered by the City of Visalia Parks Maintenance Department. However, the City Purchasing Di vision shall be the f inal j udge co ncerning issues or matters related to contrac t interpretation or problems regarding the terms, conditions, or scope of the contract.

BB.. TTEERRMM OOFF CCOONNTTRRAACCTT
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 CONTRA CTOR, be extended annually thereafter for four ( 4) con secutive 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 req uest renewal unless the City delivers a th irty (30) day written notice o f non-renewal to the Contractor prior to the renewal date. 141

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If Contractor decides not to consent to renewal by the City, then they must provide t he 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 co nvenience 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 t he best interest of the City. In the event of termination or expiration o f this Agreement, Contractor shall transfer to City any funds and/or accounts re ceivable on hand attributable to the use of CITY funds.

CC.. PPRRIICCIINNGG
All pric es quo ted in re sponse to this Invitation to Bid sha ll be firm and fixed for t welve ( 12) months from the an nual anniversary date of the agr eement. In order to protect the interests of the City and to give the ve ndor a reasonable basis for bidding, a price adjustment feat ure i s hereby incorporated into the specifications. Prices bi d by vendor may be adjusted a nnually at time of contract renewal a nd up on mutual agreement of the p arties to the co ntract to al low 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 req uest f or price adjustm ent mus t be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the an nual 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 pri ces may be ch anged in a n 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.

DD.. AAPPPPRROOXXIIMMAATTEE EESSTTIIMMAATTEE
The quantities given on the bid proposal form and in the contract documents are approximate only, being given as a basis for comp arison of bids, and the C ity of Visalia do es n ot, ex pressly or by implication, agree th at the actual amount of work will c orrespond therewith, but reserves th e right to increase or decrease the amo unt of any cla ss or portion of work, or to omit portions of the work, as th e City ma y deem necessary or advisable, at the prices bid.

EE.. EEXXAAMMIINNAATTIIOONN OOFF SSPPEECCIIFFIICCAATTIIOONNSS AANNDD SSIITTEE OOFF WWOORRKK Bidders shall satisfy themselves by personal examination of the work site(s), specifications, other contract documents, and by any ot her means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. The submission of a bid shall be conclusive evidence that the bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the proposal and the City.

If the bidder receives an award as a result of this bid submission, failure to have made such investigations and examinations will in no way relieve the bidder from its obligatio ns to comply in every detail with all provisions and requirements of the contract do cuments, nor w ill a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the bidder for additional compensation.

Any errors, omissions, or discrepancies found in the contract documents shall be called to the attention of the City and clarified prior to the submission of bids.

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Should the contractor feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the bid.

FF.. DDIISSCCRREEPPAANNCCIIEESS AANNDD MMIISSUUNNDDEERRSSTTAANNDDIINNGGSS No bidder shall, at a ny time after the submission of a proposal, m ake a claim or assertion that there was any misunderstanding or lack of information regarding the nature or the amount of work necessary for the satisfactory completion of the job. Any errors, omissions , or discrepancies found in the project manual or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals or proceeding with the described work. The contractor shall be liable for any resultant dama ge where he recognized such error, inconsiste ncy, or omission and knowingly failed to report it to th e City.

The contractor will bear no liability for any errors that he discovers and reports to the City.

The bid documents (including all attachments and addenda), Bidder’s respon se to RFB , contract , and purchase order shall constitute the full contract for this project. Should the contractor feel there has been a supplemental or ora l modification, it shall be his responsibility to verify said modification in writing prior to the submission of a proposal. Verbal information obtained otherwise will not be considered in awarding of bids.

GG.. BBIIDD FFOORRMMSS
The City has furnished to each bidder a standard bid form, which , when filled out and executed, may be submitted as his bid. Bids not presented on forms so furnished will be disregarded.

All bids shall give the prices proposed in the spaces provided and shall be signed by the bidder who shall fill out all blanks in the bid form as therein required. No telegraphic bids will be considered.

All bids shall be submitted in a sealed cov er and plainly m arked a s a b id and i dentifying the project to which the bid relates and the date of the bid opening therefore. Bids that are not properly marked may be disr egarded. Bi ds may be rejected if the y show any alteratio n of fo rm, addi tions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.

When bids are signed by an agent, other than the o fficer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a “Power of Attorney” must be on file with the City of Visalia prior to openin g bids or shall be submitte d wit h the bid ; otherwise, the bid will b e rej ected as irregular and unauthorized.

HH.. WWIITTHHDDRRAAWWAALL OOFF BBIIDDSS
Any bid may be withdrawn at an y time prior to the time fixed in the publ ic notice for the opening of bids, only by written request for the withdrawal of the bid filed with the Purchasing Manager. The request shall be executed by the b idder or his dul y authorized re presentative. The w ithdrawal of a bid does no t prejudice the right of the bidder to file a new bid. No bi d may be withdrawn after the time fi xed in the public notice for the opening of bids.

II.. DDIISSQQUUAALLIIFFIICCAATTIIOONN OOFF BBIIDDDDEERRSS Only one bid may be submitted as a “prime contractor” for the same wo rk by any f irm, individual, partnership, corporation, or combination thereof. A contractor submitting a bid as a prime contractor may not also submi t sub-bids to other c ompeting prime contractors. Reasonable grounds for believing that any individual, fir m, partnership, corporation, or combination the reof i s interested in mor e than on e proposal for the work contemplated will cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. A contractor who is not submitting a bid as a prime contractor may submit any number of sub-bids to competing prime contractors.

JJ.. OOPPEENNIINNGG OOFF BBIIDDSS
Bids will be publicly opened at the time, date and p lace in dicated in the Notice Inviting Seal ed Bids .

Bidders or their authorized agents are invited to be present. Bidders name, location and bid amount wil l be read a loud. A bid summary will be pr epared at that time. No other information wil l be provided until 143

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after bids have be en fully examined an d accepted. No bids will be received, n or considered, after the time fixed for receiving them. Late bids will be returned unopened to the sender.

KK.. IINNCCUURRRRIINNGG CCOOSSTTSS
The City of Visalia is not liable for any cost incurred by proposers in responding to this Invitation to Bid.

VVIIII.. PPRROOTTEESSTTSS//AAPPPPEEAALLSS
Because it is e ssential that bidders have c onfidence in the proc urement procedures for soliciting and awarding contracts, it i s the policy of the City to offe r bidders the opportunity to appeal award of contracts.

The following procedures shall apply in regard to appeals:

1. Any actual bidder who is aggrieved in connection with this RF B or award of a contract hereunder may protest to t he City of Visalia Purch asing D ivision in writ ing within five (5) wor king days aft er such aggrieved bidder knows, should have reasonably known, or could reasonably be expected to know, of the facts giving rise thereto; and

2. Should identify onl y the ar eas regarding big contra dictions, pr ocurement errors, quotation ratin g discrepancies, legality of procurement context, conflict of interest in t he rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.

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

4. Further levels of appea l may be made in accord with the appeals provision contained in Chapter 5 of the City’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.

VVIIIIII.. AAWWAARRDD AANNDD EEXXEECCUUTTIIOONN OOFF CCOONNTTRRAACCTT

A. EVALUATION AND AWARD OF CONTRACT

The City of Visalia reserves the right to reject any or a ll bids; to waive any irr egularities or informalities in any bid or the bidding process.

The City may ma ke such investi gation as it deems n ecessary to dete rmine the ability of a pro poser to furnish the re quired services, and the bidder will furnish to the City all such information and data for this purpose as the City may request. The City reserves the righ t to reject any bid if th e evidence submitted by or investigation of such p roposer fails to satisfy the City that such bidder is properly quali fied to carry out the obligati ons of a contrac t and to deliv er the servi ces co ntemplated h erein. The City expres sly reserves the right to reject the bid of any bidder w ho is in d efault on the payment of taxes, li censes or other money due to the City of Visalia.

The award, if m ade, will be made within ninety (90) days from bi d closing date. Bidder agrees and so stipulates in submitting this bid, as though stated therein, and in any subsequent award of contract that:

1. Contractor is an independent contractor, not an employee, administrator, or officer of the City.

2. Contract, sh ould i t be awarded, shall be interpreted, construed, and given eff ect i n all respects according to the laws of the State of California.

3. Should contractor be awarded contract, contractor sh all not assign contract, or any part thereof, or any monies due or to become due thereunder, without prior consent of the City. 144

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4. Contractor shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all clai ms, dam ages, losse s, and expenses caused in whole or in part by any negligent act or o mission of the contrac tor, its consul tants, sub contractors, anyone directly or indirectly employed by any of them, or anyo ne for wh ose acts any of th em may be liable, exc ept where caused by the active negligence, sole negligence, or willful misconduct by the City.

5. Contractor shall hol d the City harmless from liabil ity of any nature or ki nd, including cost an d expenses for infringement or use of any copyri ghted c omposition, secret process, patent ed or unpatented invention, article or appliance furnished or used in connection with the contract.

Contractor warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the contractor, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For brea ch or violation of this warranty, the C ity sha ll have the right to t erminate the contract, either in whole or in part, and any loss or damage sustained by the City in procuring on open market, any items which the contractor ag reed to supply, shall be borne and paid for by t he contractor. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any oth er rights and remedies provided by law or under the cont ract. Contract shall b e in the form of a Ci ty of Visalia Purchase Order and attachments of the bid documents, all add enda that were i ssued, the Con tractor’s bi d in r esponse to th e RFB document, along with Contractor’s Performance Bond and Certificate of Insurance.

6. Contractor i s to sign a notic e o f a cceptance ( NOA) withi n 30 days of notice to award contract.

Contractor will have those 30 days to review the contracted areas prior to signing the (NOA) notice of acceptance. Failure to sign (NOA) will result in forfeiture of contract.

B. BASIS OF BID AWARD
Award of bid(s) sha ll be made to the lowest b idder, whose bid is deemed both res ponsive and responsible and meets the specifications and qualifications listed in bid document.

C. REFERENCES
Where indicated on Bid Fo rms, Bidder shall include a list of three (3) accounts, complete with locations, that have been maintained for at least three (3) years, and that are similar in size and characteristics to those listed in these contract documents.

D. COOPERATIVE AGREEMENTS
All California agencies may purchase off of this agreement a t the sa me prices, te rms, conditions and specifications. Each agreement between a public agency and the successful contractor shall be found to be a separate and distinct legal and binding obligation of the successful contr actor. The City of Visalia shall incur no responsibility in connection with purchase or agreement between another agency and the contractor.

It shall be the su ccessful contractor’s responsibility to inform potential public agencies of this cooperative requirements contract.

E. CONTRACT BONDS
Required Contract Bonds: The Awarded Bidder will be required to provide to the City of Visalia with a “Performance Bond” in the amou nt of 100% of t he contract amount within ten (10) working days of the date of the “Notice of Award”.

The Performance bond s hall remain in force for the duration of the cont ract. It shall be updated annually and as needed during the contract year due to a dditions/deletions to the contract. According to City standard the surety company must be a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.
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F. FAILURE TO EXECUTE CONTRACT
Failure of the lowest respo nsible bidder, the second lowest responsible or third low est responsible bidder to file acc eptable bonds and meet with the project manager as provided herein within ten (10) days, not including weekends and legal ho lidays, after such bidder has received no tice that the c ontract has been awarded to him may be just cause for the annulment of award.

IIXX.. CCOONNTTRROOLL OOFF WWOORRKK

A. CITY-CONTRACTOR RELATIONS
Project Manager’s Responsibility and Authority. All work shall be done un der the general supervision of the p roject manager or hi s designee(s). The contractor shall b ear all respon sibility for, and have all control over, in accordance with the bid specifica tions, the means, methods, techniques, sequences and procedures of the work and safety precautions or program s, and th e project manager shall not ha ve control over, nor bear responsibility for same. No r will the project manager have control over nor bear responsibility for the acts or omissions of the contractor, sub-contractors, their agents, or employees, or for failure of any of these to carry out the work in accordan ce with th e contract documents. The project manager has the right t o r eject work that does n ot c onform t o the contrac t documents. The project manager shall decide any and all questions which may arise as to the q uality and acceptability of work performed, rate of progress of work, and a ll questions as to the acceptable fulfillment of the C ontract on the part of the contractor.

Project Manager’s Decisions. All claims of th e contractor shall be p resented to the project manager for decision that shall be made in writing within a reasonable time. All decisions of the project manager shall be final except in case which tim e and/or financial considerations are in volved, which may be subject to rulings from the City Attorney.

Suspension of Work. The project manager shall have the authority to suspend the work, wholly or in part, for such period or periods as he may deem necessary, due to unsuitable weather or other such conditions as are considered u nfavorable for the prosecution of work, or failure on the pa rt of the contractor to carry out the provisio ns of th e contract. T he contractor shall not s uspend o peration without the project manager’s permission.

Subcontracts. As specified by the contract documents the contractor shall submit in writing to the City the names of the subcontractors proposed for the work. The contractor is responsible to the City for the acts and omissions of his subcontractors, and of their direct and indirect employees, to the same extent, as he is responsible for the acts and omis sions of h is employees. The cont ract document s shall not be construed as creating any contractual re lationship betwee n any subc ontractor and the City. The contractor shall bind every subcontractor by the terms of the contract documents.

Oral Agreements. No oral order, objections, claim or notice by any party to the other shall affect or modify any of the terms or obli gations contained in any of the contract documents and none of the provisions of the contract documents shall be held to be waived or modi fied by re ason of any act whatsoe ver, other than by a definitely agreed waiver, or modification thereof, in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.

B. CARE OF EXISTING STRUCTURES
The contractor shal l be liabl e for all damage done t o a ny structu re arising thr ough his operations. He shall take care of and maintain all retaining walls, sewers, water service, drains, and culverts encountered in the performance of the work. The contractor shall repair all damage done to any of the said structures through his acts or neglect and shall keep them in repair during the life of the contract. He shall in all cases leave them in as good condition as they were prior to the commencement of the work.

Care shall b e taken no t to move, without the consent of th e City Engineer, any sewers, drains, culv erts water service, pipes, poles or other structures.
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C. EXISTING UTILITIES
Contractor’s attention is directed to the po ssible ex istence o f utility se rvices and other unde rground improvements. All reason able precauti ons shall be t aken to preserves and prote ct any such improvements. The contractor shall notify the project mana ger and Underground Service Alert companies of proposed locations and times for any and all excavations.

1. Prevention. Contractor shall be responsible for locating and preventing d amage to known utilities.

The contractor shall notify the owners of al l utilities and substructures not less than forty-eight (48) hours prior to working in the vicinity of any such facility. In addit ion, the contractor shall request that the owners’ pot hole o r ot herwise expose all no n-City own ed h igh-risk unde rground facil ities. If damage occurs to a known ut ility, the contractor shall repair util ity at no additional expense to the City of Visalia.

2. Damage. If damage occurs to an unknown utility, the contractor shall repair the utility. An equitable adjustment will be made in accordance with work performe d. Contractor is to furnish written quotation prior to commencement of work.

3. Connections. The contractor shall not make co nnection to, or dra w water fr om, any hydrant or pipeline without first obtaining permission of the public or private authorities having jurisdiction over the use of sa id fire hydrant or pi peline, and from the private or p ublic agency owning the affected water system. For each such connection made, the contractor shall first attach to the fire hydrant, or pipeline, a valve and a me ter, if r equired b y said au thority, of a size and type accep table to s aid authorities and age ncy. The contractor will be granted privilege to draw water from an authorized point of connection as needed for proper execution of said contract.

D. LABOR
The contractor must provide sufficient supervisory and working personnel to accomplish all work included in this contract satisfactorily and on schedule. All p ersonnel are to be physic ally able to p erform their work. Only workmen thoroughly familiar with their line of work will be employed on the job. Any overseer, superintendent, laborer, or other pe rson employed on the work by the contractor, who shall perform his work in a manner contrary to these specifications, or refuses to carry out the orders of the owner, shall be discharged immediately, and such persons shall not again be employed on the work.

Qualifications of Employees

1. Ensure that employees are physically qualified to perform their assigned duties in a safe manner.

2. The contractor and all emp loyees shall conduct themselves in a proper and efficient ma nner so as to cause the least ann oyance to the public. The project manager may require the contractor to remove any careless, incompetent, or objectionable employees whose continued presence is judged to be not in the City’s best interest.

3. Do not allo w employee s to work whose ability or alertness is impaired b ecause o f d rugs, fatigue, illness, intoxication, or other conditions that may predispose them to injury.

4. Operators of vehicles and e quipment shall be able to u nderstand si gns, signals, and ope rating instructions, and be capab le of operati ng such equipment. Contractor shall prov ide op erating instructions for all equipment. Newly hired employees shall be individually tested by an exper ienced operator or supervisor to determ ine if they are capab le of safely and efficiently oper ating equipment.

All operators of vehicles and equipment shall be properly licensed and shall operate vehicles used in the performance of the contract in a safe and prudent manner.

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E. USE OF CITY PERSONNEL AND EQUIPMENT
City of Visal ia shall not furnish pe rsonnel to as sist the contractor in performance of the contract. The contractor understands th at a ny offers of assistance by City Personnel are unauthorized and t he contractor shall not accept such offers.

City of Visalia shall not furnish any equipment to assist the contractor in performance of the contract except for Toro Sentinel irrigation controller remotes and keys needed for landscape maintenance. If the remote and keys need to returned before the final day of the contract or the last months payment will be withheld and or amount for replacements deducted.

Contractor understands that any o ffers by City of Visalia Perso nnel to use City e quipment for loading , processing, and disposal of the property are unauthorized and the contractor shall not accept such offers.

Contractor shall be billed f or City perso nnel labor, equipment, and materials whe never City forc es ar e called upon to r epair damage caused by the contractor in the performance of work associated with this contract.

F. MATERIALS
Contractor shall f urnish and use, at his ow n ex pense, a ll materials, labor, to ols, equipment an d transportation n ecessary t o pro vide contractual Landscape Maintenance for the areas iden tified in this RFB.

All vehicl es utilized to carry ou t c ontracted work for the C ity shall b e i n compliance with t he S tate of California emission inspection program.

XX.. MMEEAASSUURREEMMEENNTT AANNDD PPAAYYMMEENNTT

A. BILLING AND PAYMENTS
Contractor i s fully r esponsible for assuri ng that all services a rising fro m the agreement are b illed the correct and applicable contract rate. The co ntractor is required to establis h 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.

In connection with any cash discount offered, time will be computed from the date of complete delivery of the service as specified, or from the date correct invoices are received, if that date is later than the date of delivery. For th e purposes of earning the disco unt, payment is deemed to be made on the date of the mailing of the City check.

B. MEASUREMENT AND PAYMENT
The contractor will b e paid monthly in arrears for work satisfactorily performed under this contr act. After completed work has b een inspected and ap proved, payme nt will be made in no more t han thirty (30) working days.

Contractor’s monthly invoice must include:
o A signed Landscape Inspection sheet,
o signed monthly meeting sheet,
o signed irrigation schedule,
o a signed chemical usage report sheet, and
o a proposed chemical application 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:
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• Payments that may be past du e and payable for j ust claims for labo r or mat erials furnished in and about the performance of the work und er this contr act an d a s a result of contracto r’s failure to properly make payments to its subcontractors or suppliers.

• Claims filed or reasonable evidence indicating t he probable filing of claims. The City shall disburse and shall have the right t o act a s a gent for t he contractor in disbursing su ch funds as ha ve been withheld pursuant to this subsection, to the party or parties who are entitled to pa yment 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 specific ations which is not performed or is incomplete or for defective work not remedied.

• When Contractor is out of c ompliance wit h the requirements of the maintenance agreement, an appropriate downward ad justment in c ontractor’s payment shall be ma de. Downward adjustments will be made for incomplete and /or unsatisfactory work or non -performance based on a percentage of the estimate d cost to the City for each area maintained by the Contractor. See tables below which l ist the cost adjustment percentage. The Area Cost Estimate u sed by the City will be th e square footage descriptions c ontained in Exhibit D-2 (or as that d ocument is am ended if additional areas are added during the term of the Agreement ) and t hen 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 Utilities Clear 5% 25% 20% 25% 15% 5%

Areas with only Planters:

Area Cost Estimate Trash/Debris Planters Trees Irrigation Utilities Clear 5% 50% 25% 15% 5%

• If an inspection by City indicates an area is out of compliance, the City shall:

o Notify the Contractor in wr iting of the area that the inspection showed was i ncomplete 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 Ci ty 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 ass ess a $100 liquidated damage assessment per incident over and above the c ost to correct the unsatisfactory condition for failure to perform any part o f the work covered in this contract. Because it is difficult to estimate the potential costs to the City in responding to resident complaints over such conditions, $100 is set as a reasonable estimate of potential costs to the City in responding to a failure by the Contractor.
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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 i n dup licate for each day’s ex tra w ork no later than the w orking 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.

XXII.. LLEEGGAALL RREESSPPOONNSSIIBBIILLIITTIIEESS && SSPPEECCIIAALL PPRROOVVIISSIIOONNSS

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 C ity unless such assignment had prior written approval and consent of t he City. In the event the City gives such consent, the terms an d 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 te rminated with out cause by the City, in whole or in pa rt, 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 shall fail to pr ovide s ervices or pe rform unsatisfactorily the work requi red by th e terms and condition s of the contract, or materi ally breaches any o f 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) cale ndar days after the date of m ailing said terminati on notice. Termination for cause may result in a contractor being considered a non-responsible bidder in future bids for services under the City of Visalia Purchasing Policy and Procedures.

3. Any assignme nt, subletting, or t ransfer o f the interest of the contractor, either in whole or in part, without the written consent of the Ci ty shall cause be for t he City to immediately terminate the agreement for default.

4. Notwithstanding any other p rovisions of this agreement, this agr eement ma y be terminated by th e City upon a single violation of this agreement.

5. In the event of termination, Contractor shall be e ntitled only to payment for work perf ormed to date, less any costs p aid by the City to b ring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.

C. RIGHTS AND REMEDIES OF CITY FOR DEFAULT
In t he c ase of default by c ontractor, 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 pa id by the City shall be considered the prevailing market price at the time service is delivered.

D. PERMITS AND LICENSES
Possession of a City of Visalia Business Tax Certificate is not required to submit a bi d in response to this invitation. However, contra ctor, and all subcontractors, s hall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to co mmencing work. Fee i s based on gross receipts fo r all busines s transactions in the City of Visalia . Fo r additional infor mation, contact the City of Visalia at (559) 713-4326. No payment on the contract will be made until such license 150

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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”), and o A valid Maintenance Gardener Pest Control Business License. o A valid Department of Industrial Relations (DIR) Registration Number (as mentioned previously) o A valid City of Visalia Business Tax Certificate (as mentioned in Section E)

o Awarded Bidder must also obtain a valid City issued encroachment permit to work in City Right of Way

E. EQUAL EMPLOYMENT OPPORTUNITY
Attention of the bidder is parti cularly ca lled to the requiremen t for ensuring tha t employees, and applicants for e mployment, are n ot dis criminated agains t b ecause of their race, color, n ational origin, ancestry, religion, physical or mental disability, marital status, political affiliation, or ge nder. Such affirmative action shall inc lude, but not be limit ed to, the employment, upgr ading, demotion or tran sfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for train ing, including apprenticeship. It i s understood and agreed that the contractor shall comply with all requirements, when applicable, of the C alifornia Fair Employment Pract ices Commission and provisions, when a pplicable, of all Federal, State of California , County of Tulare and City o f Visalia laws and ordinances, in performance of fulfilling this agreement.

F. ETHICS IN PUBLIC CONTRACTING
Each offeror, by submitting a proposa l, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the offeror certifies that its proposal was made without fraud; that it has not offered or received an y kickbacks or i nducements from any other offeror in connection with the offer; and that it has not conferred on any public employee, public member or pu blic offici al hav ing respon sibility for this procu rement tr ansaction, an y paym ent, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. The of feror further certifies that no relationship exists between itself and the City or another perso n or organization that interferes with fair c ompetition or constitutes a con flict of interest with respect to a co ntract with the City of Visalia.

G. DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP
Prior to the award of any contract, t he potenti al cont ractor may be re quired to certify in writing to the Purchasing Manager that no relationsh ip exists between the contractor and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.

H. PREVAILING WAGES & LABOR LAWS
Consultant must comply with State a nd Fe deral Regulations that appl y to this contract, including Prevailing Wage requirements as applicable. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be r equired to pa y not less than the prevaili ng wage of pe r diem wages as determined by the Director of the California Department of Industrial Relations.

Labor Laws. The contractor, and all subcontractors, suppliers, and contractors, shall comply with all City, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Contractor shall also adhere to t he requirements of State Labor Code Sections 1810 an d 181 5 pertai ning to w orking ho urs an d overtime ra tes of pay. The contractor or any subcontractor performing work or subcontracting to do any of the work contemplated by this contract shall comply with e xisting Labor Codes rega rding empl oy of a liens excep t und er extraordinary emergencies (Section 1851.5, 1850 to 1854).

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I. INSURANCE AND INDEMNIFICATION
Contractor agrees to indem nify, defend, and hold harmless the City of Visalia, its elected and appointed officers, agent s, employees, represe ntatives, and volu nteers from and agains t any and all c laims, demands, defense costs, liability, or consequential damages of any ki nd or natu re arising out of or in connection w ith contractors (or contracto rs subcontractor s, if any) pe rformance o r failure to perf orm, under the terms of this contract; except to the extent those which arise out of the negligence of the City of Visalia.

Without limiting the City of Visalia’s right to indemnification, it is agr eed that contractor shall secure prior to commencing any activities under this contract, and maintain during the term of the contract, insurance coverage as follows:

1. Workers’ Compensation insurance as required by California statutes.

2. Commercial general l iability insurance with a com bined single limit of not less than One Million Dollars ($1,0 00,000) p er occ urrence. Suc h insurance shall include co verage for Premises and Operations, Contractual Liability, Personal Injury Liabil ity, Pr oducts and Completed O perations Liabi lity, Broad F orm Property Damage ( if applicable), Independent Contractor’s Liability (if applicable).

3. Comprehensive Automobile Liability coverage with a combined single limit of not less that One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned , hired, and non -owned a utomobiles and s hall be pr ovided by a busines s automobile policy.

Each insurance policy required by this contract shall contain the following clause:

“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after th irty (30) days prior w ritten notice has been given to the Purchasing Department, City of Visalia, 707 W. Acequia, Visalia, CA 93291.”

In addition, the commerc ial general liability and com prehensive auto mobile liabil ity policies required by this contract shall contain the following clauses:

“It is agreed that any insurance maintain ed by the City of Visalia shall apply in exc ess of and not contribute with insura nce provided by this policy.”

“The City of Visalia, its officers, ag ents, emp loyees, representatives and volunteers a re ad ded a s add itional insure ds as respects operations an d a ctivities of, o r on behalf of th e named i nsured, performed under this contract with the City of Visalia.”

J. PUBLIC CONVENIENCE AND SAFETY
The contractor shall at all times so conduct his work as to insure the protection of persons and property in a manner satisfactory to the City. The contractor agrees that he shall maintain the work site and adjacent areas thereto, including all rights-of-way, in a reasonable, secure, and safe manner during the course of work.

Traffic and Ac cess. The contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic, vehicular and pedestrian, and inconvenience to the general public and the residents in the vicinity. The contractor shall notify the occupants of all affected propert ies at least forty-eight (48) hours prior to any temporary obstruction of access. No overnight closure of any driveway will be allowed except as perm itted by the owner. When working in City Right o f Way, the Contractor shall comply with 152

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the California De partment of T ransportation, Manual of Unif orm Traffic C ontrol D evices that specifies safety procedures that protect the Contractor’s employees and the driving public.

Street Closures and Detours . Street closures will not be a llowed except as specificall y permitted by the City and the pro per gov ernmental aut hority. The contractor shall prepare any traffic contr ol or detour plans that may be required as directed by the City of Visalia.

K. SAFETY ORDERS
The contractor shall comply with the provisions of any ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection. Fire hydrants on or adjacent to the work shall be kept accessible to firefighting equipment at all times.

Contractor shall agree that all material delivered and service s ren dered under thi s bid co mplies, as applicable, wi th th e Occupational Sa fety and He alth Act of 197 0 (or latest r evisions), including all applicable amendments t hereof, the State of California Industrial Safety Act , and regulations issued thereunder and the Williams-Steiger Federal Occupational Safe ty and Health Act, and certif ies that al l items furnished under this bid will conform and comply with the indemnification and hold harmless clause for all damages assessed aga inst Buyer as a result of contractor’s failure to compl y with the Act and the standards issued thereunder and for the failure of the items furnished under this Order to so comply. This guarantee is in addition to, and not intended as a limitation on, any other warranty, expressed or implied.

In case of confl icts between Federal, State, and local safety and health requirements, the most stringent shall apply. Failure to comply with the requirements of this section and related s ections may result in suspension of work.

L. HAZARDOUS WASTE
Contractor shall notify the project manager immediately if any hazardous materials are found on site.

M. DUST ABATEMENT
The contractor shall furni sh all labor, equipmen t, and means re quired and shal l carry out effective measures wherever and as often as necessary to prevent his op eration from producing dust in amounts damaging to property, cultivated vegetation, or domestic animals or causing a nuisance to persons living or occupying buildings in the vicinity. The contractor shall be respo nsible for any damage resulting from any d ust originating from his o perations. The dust abatemen t measures shall be continued u ntil the contractor is rel ieved of further responsibility by th e project manager. No s eparate payment will be allowed for dust abatement measures and all costs thereof shall be included in the va rious prices named in the bid sheet for completion of the work.

N. NOISE LEVELS
Contractor shall comply with the City of Visalia’s Municipal Code, Title 8 Health and Safety, Ch apter 8.36 Noise. The City of Visalia Municipal Code can be found at http://www.visaliapurchasing.org.

O. PERSONNEL PROTECTIVE EQUIPMENT
Meet requirem ents of NIO SH (National Instit ute for Occupational Safety and Health), and SHA (Mi ning Safety and Health Act of 1 977), wh ere applicable, as well a s ANS I (American Natio nal Standa rds Institute.)

P. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any t ime to require performance by the contractor of any provi sions hereof shall in no way affect the right of the Ci ty thereafter to enforce t he same. No r shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succ eeding breach of such provision or as a waiver of any provision itself.

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Q. COMPLIANCE WITH LAWS
Contractor shall, in the performance of work under this contract, fully c omply with all applicable Federal, State or Local laws, r ules regul ations or ordinances a nd sh all h old t he Ci ty harmle ss from any liability resulting from failure of such compliance.

R. VENUE
Any contract resulting from this soli citation shall be governed by , and con strued in accordance with, the laws of the State of California. Venue for any l itigation arising out of the contract will be vested in T ulare County, California.

S. FIREARMS
Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia p remises without th e expressed written ap proval of a Cit y of Visalia D epartment Head, or an exemption in the c ontract. If a contract or/vendor/consultant is caught ca rrying a gun, without Cit y permission, their contract will be terminated.

T. EXECUTIVE ORDER N-6-22 – Russia San ctions Russia Sanction s On Marc h 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions agai nst Russia and Russian entitie s and individuals. “Economic Sanctions” refers to sanctions im posed by the U.S. government in response to Russia ’s action s in Ukraine, as well as any sanc tions imposed under state law. The EO directs state agencies to terminat e contracts with, and to refra in from entering any new contracts with, individuals or entiti es that are determined to be a target of Economic Sanctions.

Accordingly, should the State d etermine Contr actor is a ta rget of Economic Sanctions or is conducting prohibited transactions with sa nctioned individuals or entities, that shall be grounds for te rmination of this agreement. The State shall provi de Contra ctor advance written notice of su ch termination , a llowing Contractor at least 30 calendar days to provide a written response. Terminati on shall be at the sole discretion of the State.

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Name of Bidding Agency:____________________

EXHIBIT ‘A’ BID FORM

CITY OF VISALIA, CA
RFB-22-23-03, LANDSCAPE MAINTENANCE OF QUADRANT B

In compliance with the City’s Notice Inviting Seal ed Bids No. 22-23-03 dated: _____ _____, t he undersigned BIDDER hereby p roposes to furnish all material s, equipment, tools, labor , appurtenances, and inc identals required to perform Landscape Maintenance Service as set forth in accordance with the specifications, terms and conditions of RFB-22-23-03 including all Exhibits and related contract d ocuments there fore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work sites, Instructions to BIDDERs, Scope of Work and all contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

BIDDER understands that a bid is re quired for the entire work and that final co mpensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that prices bid include all labor, materials, equipme nt, transportation, fuel, tools, appurtenant expenses, taxes, permits, licenses, royalties, fees and all costs asso ciated with p erforming the work described in the bidding documents including all exhibits and attachments.

BIDDER hereby a grees to execute a contract a nd provide insurance and a performance bond within ten (10) working days, or such further time as may be allowed in writing by th e Purchasing Division, after receiving notification o f th e a cceptance o f this Bid, and it is he reby mutua lly understo od and a greed that in ca se the BIDDER does not, the accompanying Bid Guarantee shall be for feited to the Ci ty of Visalia as l iquidated damages, and said Purchasing Division may proceed to award the contract to others.

BIDDER agrees to abid e by all requirements of the Department of In dustrial Re lations (DIR) applicable to this public works contract and specified in the City of V isalia Labor C ompliance Manual, including but not limited to assuring valid DIR registration numbers f or all Contractors and Subcontractors performing work unde r thi s contract, payment of state prevailing wages, and uploading weekly certified payrolls to the Labor Commissioner.

BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, p articipated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.

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

The City will determine the lowest bidder by the Lowest Total Bid Amount for Level A Service.

Award will be to the lowest bidder who se bid is deemed both responsive and responsible and meets all cr iteria required. The City reserves the right to award the contract at a service level deemed appropriate for the areas in the Quadrant. The resulting contract award may be one of the following:
• All areas of the Quadrant at Level A;
• All areas of the Quadrant at Level B;
• All areas of the Quadrant at Level C; or
• A combination of Service Levels deemed appropriate for each area of the Quadrant

Once awarded, the C ity reser ves the right to increase or decrease the Level of Service in any area (s) of the Quadrant, through a contract amendment, according to the Contractor ’s bid pricin g. The City also reserves the right to add or delete areas from this contract if neede d. Any added or deleted areas will cause a pri ce adjustment to contract. Price adjustments will be based on the Contractor’s unit price for the Level of Service being provided to 155

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Name of Bidding Agency:_______________________

the specific area. Any new areas tha t may be added shall be maintain ed to th e same standards required by the specifications of the Service Level for that specific area.

BIDDER has read and hereby agrees to the conditions stated in this proposal b y affixing his/her signature on the Bid Form
All bids will be checked for accuracy. In the case of discrepancy in amounts bid, the unit cost shall prevail as basis for award.

LANDSCAPE MAINTENANCE OF QUADRANT B, PER SPECIFICATIONS OF RFB-22-23-03

Level A Service
Service once per week
(52 times annually)
Quantity
(Sq. Footage)

X
Unit Cost
(Monthly)

=
Monthly Price
Turf (including irrigation maintenance) 165,818 sq. ft.

X

$________/sq. ft.

= $_____________
Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 190,451 sq. ft.

X $________/sq. ft.

= $_____________
Total Monthly for Level A Service $_____________

Level B Service
Service at two-week intervals
(26 times annually)
Quantity
(Sq. Footage)

X
Unit Cost
(Monthly)

=
Monthly Price
Turf (including irrigation maintenance) 165,818 sq. ft.

X

$________/sq. ft.

= $_____________
Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 190,451 sq. ft.

X $________/sq. ft.

= $_____________
Total Monthly for Level B Service $_____________

Level C Service
Service once per month
(12 times annually)
Quantity
(Sq. Footage)

X
Unit Cost
(Monthly)

=
Monthly Price
Turf (including irrigation maintenance) 165,818 sq. ft.

X

$________/sq. ft.

= $_____________
Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 190,451 sq. ft.

X $________/sq. ft.

= $_____________
Total Monthly for Level C Service $_____________

Alternate Bid Item: Contractor’s Hourly Rate
Applicable only to major repairs or Extra Work as authorized by Project Manager.

$__________per hour

_______________________________________________________________________________________________________________ Bidding Company’s Name Business Address City State Zip

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Name of Bidding Agency:_______________________

______________________________________________________________________________________________________________ Authorized Signature Date Printed Name of Person Authorized to sign

________________________________________________________________________________________ Telephone No. Fax No. Email Address

CITY OF VISALIA BUSINESS TAX CERTIFICATE NO: ____________________________ (A City Business License is not required to submit a bid; however, vendor is required to obtain a City Business License prior to commencement of work or if v endor is presently transacting business wit hin t he City of Visalia regardless of wh ether the business address is actually located within the City. Co ntact the Business License Division for clarification of questi ons at 559-713-4326

FEDERAL TAX I.D. NO: __________________________________

BIDDING CONTRACTOR’S D.I.R. REGISTRATION #__________________________________

BIDDER HAS SUBMITTED THE FOLLOWING WITH BID:

10% Bid Guarantee Bond Yes______ No________

Pesticide Applicator’s License (QAL) Category “B” Yes____ No________ Valid Maintenance Gardener Pest Control Business License Yes______ No________

If B idder is s ubcontracting this w ork to any entity holding a Pestic ide App licator’s Licen se (QAL cat egory B) and a valid Maintenance Gardener Pest Control Business License. Bidder must properly identify all Subcontractors on the Subcontractor Listing Form submitted at time of bid. All Subcontractors must be DIR Registered and maintain registration in order to perform work under this contract.

Failure to submit the above REQUIRED items may result in disqualification of bid.

DDEESSIIGGNNAATTIIOONN OOFF SSUURREETTIIEESS

The following are th e names, addresses, and telephone numbers for all bro kers and sureties from whom bidder intends to procure insurance, i.e., describe your insurance coverage, including the name of your carrier.

Company Name Address Tel. No. Contact

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

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Name of Bidding Agency:_______________________

RREEFFEERREENNCCEESS
Bidder is to list three (3) accounts as references, complete with locations, that Bidder has maintained for at least three (3) years and are similar in size and characteristics to those listed in this RFB.

1. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract

___________________________________________________________________________________________ Description and Location of area(s) maintained.

2. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract

___________________________________________________________________________________________ Description and Location of area(s) maintained.

3. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract

___________________________________________________________________________________________ Description and Location of area(s) maintained.

SSUUBBCCOONNTTRRAACCTTOORRSS
Pursuant t o the prov isions of Sections 4100 to 4113 inclusive of t he Public Cont ract Code of the Sta te of California, the un dersigned hereby designates below for the project, o pposite various portions o f the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in exc ess of o ne-half of o ne per cent (1/2 of 1%) o f the of the total bid. Al l wor k not listed below s hall be performed by the undersigned bidder. It is understood that the bidder, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herei n desi gnated without the consent of the City and th e approval of the project manager. If additional space is needed, please attach on a separate sheet of paper.

1. _____________________________________________________________________________________ Name Address Email

______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #

2. _____________________________________________________________________________________ Name Address Email

______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #

3. _____________________________________________________________________________________ Name Address Email

______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #

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EXHIBIT “B-1”
Submit with Bid

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations o r orders of the Secr etary of L abor issued pursuant to Executive Orders 10925, 11114 or Sec tion 204 of E xecutive Order 11246 of September 24 , 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:

1. The BIDDER will not discriminate against any employee or appli cant for employment because of race, color, religion, ge nder, national origin or polit ical a ffiliation. The BIDDE R will t ake affir mative action to ensure that applicants are employed, and that employees are treated during employment, without regard to the ir race, color, religion, gender, nat ional origin or pol itical affil iation. Such acti on shall inclu de, but not be limited to, the following: employment upgrading, demotion or tran sfer, recruitment or re cruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The BIDDER will, in all solic itations or ad vertisements for employees, placed by or on behalf of the BIDDE R, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

3. The BIDDER will s end to each la bor u nion or repr esentative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ r epresentative of the BIDDER’ s commitments und er Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.

4. The BIDDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

5. The BID DER will furnish all in formation and reports required by Exe cutive Order 11246 of September 24, 1965, and by the rules, regulations and r elevant orders of the Secretary of Labor, or purs uant thereto, and will permit access to his books, records a nd account s by the contracting ag ency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the BIDDER’s no n-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER m ay be dec lared ineligible for further gov ernment c ontracts in accordance with the procedures a uthorized in acco rdance with Executive O rder 11246 of Septembe r 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

7. The BIDDER will include the pr ovisions of Par agraphs (1) t hrough (7) in every subcontract or p urchase order unless exempte d by rules, regul ations or orders of the Secretar y of Labo r issued pursuant to Section 20 4 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will t ake such action with respect to any subcontract or purchase order as the cont racting agency ma y direct as a means of enforcing such provi sions incl uding s anctions for non -compliance. Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.

Company Name:_________________________________ Business Address:____________________________________________ Signature: _________________________________________________________________Date:____________________________ Name of Signing Official (Print or Type):_____________________________________________ Title of Signing Official: ______________________________________________ Company Seal (if any):

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EXHIBIT “B-2”
Submit with Bid

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

1. “Segregated facilities,” as used in this provision, means any waiting rooms, work areas, rest rooms and was h rooms, re staurants and other eating are as, time clocks, loc ker rooms and oth er storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segrega ted by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.

2. By the submission of a bid, the BIDDER certifies that it does not and will not maintain or provi de for its employees any segregated facilities at any of its establishments, and that it does n ot and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees t hat a breac h of thi s cert ification is a v iolation of the Equa l Opportunity clause in the contract.

3. By submission of the bid, the BIDDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:

(a) Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause;
(b) Retain such certifications in its files; and

(c) Forward this certification and the following notice to the proposed SUBCONTRACTORs:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

FOR CERTIFICATION OF NONSEGREGATED FACILITIES

A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e., quarterly, semi- annually, or annually).

4. By commencing performance of the Contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

Company: ____________________________________________________________________________

Business Address: ____________________________________________________________________________

Signature:_______________________________________________ Date:________________________________ Name of Signing Official (Print or Type) :________________________________ Title of Signing Official: __________________________________________Company Seal (if any):

160

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EXHIBIT “B-3”
Submit with Bid

BID GUARANTEE
Known all men by these presents:

That w e, ___________________________________________________________________________________ as principal and __________________________________________________ as sure ty, are hel d and firmly boun d unto the Cit y o f Visalia (obligee) in the sum of ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its suc cessors and assigns, for which payment we ll and truly to be m ade, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presented.

In no case shall the liability of the surety hereunder exceed the sum of $____________________.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal has submitted the above mentioned bid to the City of Visalia for certa in construction specifically described as follows, for which bids are to be opened at ___________________________ on ___________________________________ for improvement of Invitation to Bid No. 22-23-03
Project: Landscape Maintenance of Quadrant B in Visalia, CA

NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the pr escribed form in accordance with the b id, and files t he two b onds with t he City of Visalia, one to guarantee faithful performance and the other to guarantee payment of labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect.

In the event s uit is brought upon this b ond by the obligee and judgment is re covered, the surety shall pay all cost s incurred by the obligee in such suit, including a reasonable attorney’s fee to be fixed by the court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this

_______________________________ day of _______________________________, 2023

Company (Principal): ______________________________________________ Business Address: ______________________________________________

Signature:______________________________________________ Date:____________________ Name of Signing Official: _____________________________________________________________Title:_____________________

Company Seal (if any):

Company (Surety): ______________________________________________ Business Address: ______________________________________________

Signature:_______________________________________________ Date:____________________

Name of Signing Official: ____________________________________________________________Title:_______________________ Company Seal (if any):

Note: Signatures of those executing for the surety must be properly acknowledged.

161

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EXHIBIT “B-4”
Submit with Bid

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

_________________________, being first duly sworn, de poses and says that he or she is _________ of __________ the party making the foregoing Bid; that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induc ed or solicited any other BIDDER to put in a false or s ham Bid, and has not di rectly or indir ectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham Bid, or that anyone shall refrain from B idding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER or any other BIDDER, or t o fix any overhead, profit, or cost element of t he Bid price, o r of th at of any other BIDDER, or to secure any advantage ag ainst th e public body a warding the contract of anyone interested in t he proposed contract; that all statem ents contained in the Bid a re true; and, further, that the BIDDER has not, directly or ind irectly, submitted his or he r Bid price or a ny breakdown thereof, or the contents t hereof, or divulged inf ormation or dat a relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organizatio n, bid deposito ry, or to any member or agent thereof to effectuate a collusive or sham Bid.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date:_________________ Company Seal (if any):

State of California
County of ________________________

On this __________ day of _______________before me, ___________________________________________, a Notary Public, personally appeared ____________________________________________,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.

Signature __________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 162

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EXHIBIT “B-5”
Submit with Bid

WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

I am aware of the provisions of Section 3700 of the Labor Code which requir es every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that cod e, and I will comply with such provisions before c ommencing the performance of the work under this contract.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal (if any):

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EXHIBIT “B-6”
Submit with Bid

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE

By submission of a bid, the BIDDER certifies it will compl y with the Amer icans with Disabilities Act, 42 U.S .C., 1210 1 e t. seq., a nd will main tain complianc e thro ughout the life of this Contra ct. By commencing performance of the Contract work, t he selected BIDDER cert ifies to the Americans with Disabilities Act compliance.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal (if any):

164

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EXHIBIT “B-7”
Submit with Bid

CITY OF VISALIA, CA
Ownership Disclosure for Contractors and Consultants

NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:

Firm Name: _________________________________________________________ Firm Address: _________________________________________________________

List the names of all principals, partners, and/or trustees.

For corporations provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:

Submitted by: Name __________________________________________________________ Date __________________________________________________________

165

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EXHIBIT “B-8”
Submit with Bid

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)

I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME

FEDERAL ID NUMBER
BY(Authorized Signature)

DATE EXECUTED

PRINTED NAME OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)

( )

TITLE OF PERSON SIGNING

CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS

The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a co ntrolled substance is prohibited and specifying actions to be taken agai nst employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug -Free Awareness Program as required by Go vernment Code Sec tion 8 355(b), to info rm 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 require d by Government Code Section 8355©, that every employe e who w orks on the pro posed contract or grant:

(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS ), the st ate will regard this certificate as valid for all contracts or grants en tered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate w ere separately, specifically, and indi vidually provided fo r ea ch contra ct o r grant b etween the contractor or grantee and this state agency.

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EXHIBIT “B-9”
Submit with Bid

IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)

As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

⃝ The Contractor is not:
(1) Identified on the current list of pers ons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or

(2) A financial institution that extends, for 45 days or more, cred it in the a mount of $20,000,000 or more to any other person or entity identified on the current lis t of persons and en tities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2 203, if that person o r entity uses or will use the credit to provide goods or services in the energy sector in Iran.

⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods a nd/or services to be provided pursuant to the Contract.

⃝ The amount of the Contract payable to the Co ntractor for the P roject doe s not exceed $1,000,000 over the life of the contract (up to 5 years).

Signature:____________________________________ Printed Name:_________________________

Title:______________________________________ Agency Name:_____________________________

Date:____________________

Note: I n accordance with P ublic Contract Cod e Section 2205, false certification of this form shall be rep orted to the Califor nia Attorney General and ma y result in civil penalties equal to the greater of $250,000 or tw ice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.

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EXHIBIT “C”, Sample Contract – do not submit with Bid

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE

OF QUADRANT B
(City of Visalia Bid No. 22-23-03)

This Agr eement, entered in to an d effective this ________ day of ________________, 2023 [“Effective Date”], by and between the City of V isalia, h ereinafter referre d to as the “CITY”, and ____________________________ hereinafter referred to as the “ CONTRACTOR”, “BID DER”, o r “SUBRECIPIENT”.

R E C I T A L S

WHEREAS, CONTRACTOR is an ___ _________________ (insert ind ividual or entity type) wi th a primary business address of ____________________ and SSN or EIN: ____________________; and

WHEREAS, CITY is a municipal corporation and Charter Law City; and

WHEREAS, CITY desires to enter into an annual contract for Landscape Maintenance which was let to bid on ___________ as evidenced by Bid No. 22-23-03 (the “Project”); and

WHEREAS, City of Visalia revie wed and evaluated responses to the Bi d and determined to award an contract to CONTRACTOR for the project; and

WHEREAS, CONTRACTOR represents it is licensed, qualified, and willing to complet e the Pr oject pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon co mpletion of all obligations of the parties, unless earlier terminated by the parties. 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 four (4) consecutive one-year periods.

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 the CONTRACTOR decides not to consent to rene wal by t he CITY, then CONTRACTOR must provide the CITY with written notice of non-renewal at least sixty (60) days prior to the renewal date.

Additionally, this Agreement ma y 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. Contractor shall be entitled only to payment for work performed to date, less any costs p aid by the City to b ring a reas contra ctor was terminated f rom back up t o standards deemed acceptable by the Project Manager.

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2. ATTACHMENTS INCORPORATED:

The followin g are attachments for this Agreement. Said a ttachments are i ncorporated into this Agreement as if included in full in the body:

ATTACHMENT DESCRIPTION
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia RFB-22-23-03, Landscape Maintenance of Quadrant B, including all attachments and addenda
Attachment 4 CONTRACTOR’s bid in response to Bid No. 22-23-03

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (if any) (“Scope of Services”):

All work described in Scope of Services in Bid No. 22-23-03.

4. CITY COMMITMENTS:

CITY shall perform the following tasks on or before the stated completion dates:

TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced (monthly) As requested by Contractor (monthly)

5. COMPENSATION:

CITY shall pa y CONTRACTOR co mpensation for services as indicated in Paragraph 4 above; however, CITY sha ll p ay not more than the following am ount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be e xpended and paid by CIT Y on a reimbursement bas is for services actually performed based on invo ices, receipts, tim e sh eets an d similar documents presented by CONTRACTOR to CITY.

6. CONTRACT PRICE ADJUSTMENTS:

All prices quoted in res ponse to this Invitat ion to Bid shall be firm and fixed for t welve (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 featu re is hereby incorpor ated into the specifications. Prices bi d by vend or may be adjusted a nnually 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 re sponsibility of the contractor to r equest a p rice adjustment and to provide a ll documentation ne cessary. The req uest f or price adjus tment mu st 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 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 ch anged in an amount equal to the percentage of movem ent for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula sh all be b inding on the cont ractor f or the subsequ ent contract year. The 169

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adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CONTRACTOR

Dated: _______________ By: _______________________________________________ Authorized Officer: I certify under penalty of perjury u nder the laws of the State of California that I am fully authorized to execu te this A greement for CONTRACTOR i n the capac ity I have stated, and that su ch execution i s sufficient to bind the CONTRACTOR.

CITY OF VISALIA

Dated: _______________ By: _________________________________________________ City Manager

Dated: _______________ By: _________________________________________________ City Attorney

Dated: _______________ By: _________________________________________________ City of Visalia Risk Manager

Dated: ________________ By: _________________________________________________ City of Visalia Project Manager
Total Compensation: $ Not to exceed Contractor’s stated bid prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days of receipt of Contractor’s itemized invoice. 170

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Exhibit “C”
Attachment 1

GENERAL CONTRACT PROVISIONS

A. Successors and Assigns : Thi s Agreement shall b e binding upon and shall inure to the benefit of any successors to or assigns of the parties.

B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

C. Notices: Notice shall be sufficient hereunder if perso nally served upon the City Cle rk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Se rvice, postage prepaid, addressed as follows:

CITY OF VISALIA CONTRACTOR
_______________________
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________

D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Ag reement, sh all act as an indep endent contractor, and th erefore shal l obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Remova l: This Agreement shall be administered and interpreted under the laws o f the State of Cali fornia. Ju risdiction of litigation a rising f rom this Agreement shall be in California. Any action brought to interpre t or enforce this Agreement, or any of the te rms or co nditions hereof, shall be br ought in Tulare County, C alifornia. The CONTRACTOR her eby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Secti on 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agreement and each of th e documents and exhibits or at tachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.

G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, n ull and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

H. Indemnification: Th e CONTRACTOR waives any and all claims and recourse a gainst the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected wi th or incidental to the CO NTRACTOR’s performance of th is Agreement, except claims arising from the concurre nt or sole negligence of the C ITY or its officers, agen ts or employ ees.

The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and a ll claims, demands, damages, costs, expenses, o r liability a rising out of the CON TRACTOR’s performance of this Agreement except for liab ility arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.

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J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement o f this A greement, the prevailing party, as d etermined by the co urt or arbitrator, shall b e entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

K. Headings: Sec tion headings are pr ovided for organizational purposes only and do not in any ma nner affect the scope or intent of the provisions thereunder.

L. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants whi le working on City of Visalia premises without the expressed written appro val of a City of Visalia Departme nt Head, or an exemption in th e co ntract. If a contract or/vendor/consultant is caug ht carrying a gun, without City permission, their contract will be terminated.

M. City Ordi nance: Contractor shall foll ow all rules and r egulations regarding the City of Visalia Ordinances. Any fines resulting from not follow ing the Cit y’s ordinance, including but not limited to the City’s Water Conservation Ordinance, will be the sole responsibility of the Contractor.

N. Executive Order N-6-22 – Russia S anctions On Mar ch 4, 2022, Governor Gavin News om i ssued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “E conomic Sanctions” r efers to sanctions i mposed by the U .S. g overnment in r esponse to Russia’s actio ns in Ukrai ne, as well as any s anctions im posed under sta te law. The EO dire cts state agencies to terminate contracts with, and to refrain from enter ing any new contracts with, individuals or entities that are de termined to be a ta rget of Ec onomic Sanction s. Accordin gly, should the Stat e determine Contractor is a target of Economic Sanctions o r is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for t ermination of this agreement. The State shall provide Contractor advan ce written notice of such termination, allowing Contracto r at lea st 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

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Exhibit “C”
Attachment 2

INSURANCE REQUIREMENTS

1. CONTRACTOR In surance. CONTRACTOR, at its so le c ost and expense, for t he full te rm of thi s Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects C ITY and any ins urance or self-insurance mai ntained b y C ITY sha ll be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.

2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more sub contractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise pr ovide evidence of insurance coverage for each su bcontractor equivalent to t hat required of CONTRACTOR in this Agreement.

3. Types of Insuran ce a nd Minimum Limits . The followin g types o f insurance a nd minimum limi ts are required providing at least the following minimum coverage and limits of liability:

a. Worker’s C ompensation written in ac cordance w ith the laws of the State o f California provid ing coverage for any and a ll employe es of CON TRACTOR i n th e minimum statu torily required coverage amounts;

b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non -owned (e.g. owned b y CO NTRACTOR’s employees o r contract ors), leased or hi red vehicles, in th e minimum amount of $1,000,000 combined singl e limit per occu rrence for bodily injury and property damage.

c. Comprehensive or Commercial General Liabil ity Insuranc e coverage in the m inimum amount of $1,000,000 combined single limit, including coverage for:

(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability

4. Other Insurance Provisions.

If a ny i nsurance coverage requ ired in th is Agreement is pr ovided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this A greement (hereinafter “post agr eement coverage”) and any extensions thereof.

CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. Th is provis ion is contingent upon po st agreement coverage bei ng both avai lable and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting thi s requir ement, a cost not ex ceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Autom obile and Comprehensive or Co mmercial General Lia bility Insurance shall be e ndorsed to contain the following clauses:

a. The City of Visalia, its officers, agents, emp loyees, r epresentatives, an d vo lunteers are ad ded as additional insureds as respects operat ions and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.

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b. It is agr eed that any insura nce maintained by the City of Visal ia shall a pply in excess of and not contribute with insurance provided by this policy.

c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CIT Y on or befor e the effective dat e of this A greement with C ertificate(s) of In surance for all required co verages. Copies of all the required Endorsem ents shal l be at tached to the Certificate(s) of Insurance or oth er evidence of insurance acc eptable to the City of Visal ia, which shall be provided by CONTRACTOR’s i nsurance company as evidence of the s tipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division

174
RFB-22-23-03 EXHIBIT D-1
Quadrant B 356,269 Total Sq. Ft.

Area Description
Turf
Sq Ft
Planter
Sq. Ft.

Copper Creek 31,260 17,754
Fieldstone 14,845 11,570
Gold Creek 1&2 20,823 25,378
Hidden Acres - 6,910
Lisendra Heights 1-7 35,750 60,577
Oak Meadow #1 8,380 6,820
Oak Meadow #3 4,096 7,237
Roeben Ranch 5,698 3,428
Savannah Heights 7,300 6,550 Sycamore Creek 16,100 10,480
Valley Oak 9,160 24,080
Westgrove Estates 12,406 9,667
165,818 190,451
356,269 Total Square Footage to be maintained:

LANDSCAPE MAINTENANCE OF QUADRANT B
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191

LEVELS OF SERVICE
The City of Visalia prefers the highest level of service for all areas of the Quadrant, however the City reserves the right to determine which level of service (frequency of service) will be assigned to each area in every Quadrant. Available funding in each Quadrant will determine the level of service assigned to each particular area of the Quadrant. The City of Visalia may find it necessary to assign a service level of less frequency (Level B or Level C Service) to specific areas of a Quadrant. Thus, the Bidder shall provide pricing for all Levels of Service where indicated on bid form.

Level “A” Service One-week interval (52 weeks a year)

Level “B” Service Two-week interval (52 weeks a year)

Level “C” Service Once a month service (12 months a year) 192
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0277 Agenda Date: 7/17/2023 Agenda #: 6.

Agenda Item Wording:

Authorize the City Manager to Award RFB 22-23-09 annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant I to Brightview Landscape Services, Inc., of Fresno, CA, $171,701.81 annually per specifications of RFB 22-23-03.

Deadline for Action: 7/17/2023
Submitting Department: Community Services
Contact Name and Phone Number: Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] <mailto:[email protected]> Kelli Kincaid, Community Services Director 713-4042; [email protected] <mailto:[email protected]> Department Recommendation:

That the City Council authorizes the award of an annual contract for landscape maintenance to Brightview Landscape Services, Inc., of Fresno, CA, in the amount of $156,365.28 to include a ten percent contingency of $15,336.53, per specifications of RFB 22-23-09.

Background Discussion:

The previous Quadrant I landscape contract expired on May 31, 2022, and has been on a month-to-month basis with a temporary contractor, awaiting the award of a new formal landscape maintenance contract.

Quadrant I is one of several Landscape and Lighting Quadrants that are on temporary month-to-month contracts to be awarded through a formal Request for Bidders (RFB) process.

On April 26, 2023, and May 2, 2023, the City solicited bids by advertising in the Visalia Times Delta with the RFB posted on Bid-Net. The City also mailed RFB notices, inviting contractors to participate in this bid process.

On Tuesday May 9, and Wednesday May 10, 2023, mandatory pre-bid meetings were held in the City Council Chambers. Contractors that did not attend at least one of these meetings were ineligible to submit bids for this contract.

During the pre-bid meeting, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations and answered questions.

Staff received several questions from contractors where staff carefully reviewed and answered them in separate addendums.

On May 26, 2023, the City received bids from four (4) contractors in the Bid Summary below. Staff reviewed the submitted bids and found that the apparent low bid had material errors within their bid documents. This bidder withdrew their bid and City staff reached out to the next apparent low bidder. After discussing the intent to award with the bidder they also withdrew their bid proposal after realizing they had made a mathematical error in their bid documents. Brightview Landscape Services, Inc., of Fresno, CA was the next qualified low Visalia City Council Printed on 7/14/2023Page 1 of 3
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File #: 23-0277 Agenda Date: 7/17/2023 Agenda #: 6.
bidder for RFB 22-23-09 Landscape Maintenance of Quadrant I contract. · JC’s Land Management, Kingsburg, CA Material Error (Withdrew Bid) · Perfect Care Landscape & Maintenance Withdrew Bid
· Brightview, Fresno, CA $156,365.28 annually
· Elite Maintenance and Tree Service $167,411.16 annually With this contract some extra work may be needed from time to time, such as shrub and tree replacement, irrigation improvements, and fertilization in districts with sufficient funding. A ten (10) percent contingency of $15,336.53 would be added to the contract to cover those extra tasks. The scope of work was also updated giving the contractor more specific shrubs heights and leaf litter cleaning intervals to improve the appearance of the landscapes. Another change within the scope of work for landscape maintenance contracts going for three (3) tiers of level of service. This will enable City staff to reduce cost for districts where expenditures are higher than revenues, by reducing the intervals of service. (Please attachment Levels of Service) Brightview Landscape Services, Inc., is currently performing month-to-month landscape maintenance contracts in various locations of the City and is fully aware of the expectations by residents and staff to maintain the districts within Quadrant I at a “Level A” service.

This is considered a Public Works maintenance contract and therefore, is subject to State of California prevailing wages, registration with the Department of Industrial Relations and submission on certified payroll to the Labor Commissioner as well as other requirements outlined in the City’sLabor Compliance Manual which was a part of the specifications.

Annual price increase adjustments at time of renewal of contract are based on the Consumer Price Index specified in the contract documents. Cost for future additions to the project area (if necessary) will be calculated by multiplying the Contractor’s Unit Price by the square footage of area being added to contract.

The initial agreement is for a 12-month period, with an option to renew annually for 4 one-year periods upon providing satisfactory performance and as mutually agreed.

Fiscal Impact:

The fiscal impact for RFB 22-23-09 Annual Contract for Landscape Maintenance of Quadrant I will be allocated from Fund 273 Landscape and Lighting 2731-55230 account, of which sufficient funds have been budgeted.

Prior Council Action: None
Other: None
Alternatives: Reject low bidder and go out for another Request for Bidders.

Recommended Motion (and Alternative Motions if expected):

Move to Authorize the award of an Annual Contract for Landscape Maintenance of Quadrant I, to Brightview Landscape Services, Inc., of Fresno, CA. for $171,701.81 annually per specifications of RFB 22-23-09.

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File #: 23-0277 Agenda Date: 7/17/2023 Agenda #: 6.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Annual Contract for Landscape Maintenance of Quadrant I RFB 22-23-09, Exhibits, Brightview Landscape Services, Inc. signed bid form, Bidders Summary, Levels of Service.

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CITY OF VISALIA, CALIFORNIA
REQUEST FOR BIDS (RFB) 22-23-09

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT I

Mandatory Pre-Bid Meetings have been scheduled for this project. Bidders are required to attend at least one of the mandat ory m eetings to be considered eligible to submit a bid. Meetings will be held in the City Council Chambers at Visalia City Hall, 707 W. Acequia Avenue, Visalia as follows:

Pre-Bid Meeting #1: Tuesday, May 9, 2023, at 2:30pm, and Pre-Bid Meeting #2: Wednesday, May 10, 2023, at 9:30am

Bid Submittal Deadline: Friday, May 26, 2023, at 11:30am

Bids received after the time and date stated above shall be returned unopened to the bidder.

The City of Visalia ex pressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to p articipate in, or its participation in, such process. The Ci ty expressly reserves the right to modify, for any reas on, the schedule and any provision contained herein.

The City reserves to itself the selection of w inning respondent(s), if an y, in the exe rcise o f its sole disc retion. No bind ing commitment shall ar ise on the p art of the Cit y to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Bidder for at least ninety (90) days.

Contract resulting from this bid process is considered a Public Works Maintenance Contract, subject to registration with the Department of Industrial Rel ations (DIR), Pa yment o f State Prevail ing Wages, Monit oring by the Labor Commissioner and other requirements listed in the City’s Labor Compliance Manual (attached). All Bidders and Subcontractors (if any) must be registered with the DIR to be eligible to bid on, be listed as a subcontractor, or perform work under this contract.

Direct inquiries regarding clarification of this bid document to the Purchasing Division (559) 713-4334. To prevent misinterpretation, especially questions regarding contract requirements or regarding the scope of services, the Purchasing Division prefers that all questions be submitted in writ ing via email to [email protected] or via fax (559) 713-4801. All questions must be received by 4:00pm on Tuesday, May 16, 2023

Legal Ads 4/27/23 & 5/2/23
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TITLE TABLE OF CONTENTS PAGES

I. Definitions ................................................................................................................... 4 II. Introduction ................................................................................................................. 4 III. Instructions to Bidders .............................................................................................. 6 IV. Contract Acceptance After Award ............................................................................ 6 V. Scope of Work/Services ............................................................................................ 7 A. Standard Requirements ......................................................................................... 7 B. Landscape Maintenance ...................................................................................... 10 C. Important Notice ................................................................................................... 21 D. Department of Industrial Relations Requirements ............................................... 21 E. City of Visalia Labor Compliance Manual ............................................................ 24 VI. General Conditions .................................................................................................. 24 A. Contracting Agency .............................................................................................. 24 B. Term of Contract .................................................................................................. 24 C. Pricing .................................................................................................................. 25 D. Approximate Estimate .......................................................................................... 25 E. Examination of Specifications and Site(s) of Work .............................................. 25 F. Discrepancies and Misunderstandings ................................................................ 26 G. Bid Forms ............................................................................................................. 26 H. Withdrawal of Bids ............................................................................................... 26 I. Disqualification of Bidders.................................................................................... 26 J. Opening of Bids ................................................................................................... 26 K. Incurring Costs ..................................................................................................... 27 VII. Protests and Appeals ............................................................................................... 27 VIII. Award and Execution of Contract ........................................................................... 27 A. Evaluation and Award of Contract ....................................................................... 27 B. Basis of Bid Award ............................................................................................... 28 C. References ........................................................................................................... 28 D. Cooperative Agreements ..................................................................................... 28 E. Contract Bonds .................................................................................................... 28 F. Failure to Execute Contract .............................................................................. 29 IX. Control of Work ........................................................................................................ 29 A. City-Contractor Relations ..................................................................................... 29 B. Care of Existing Structures .................................................................................. 29 C. Existing Utilities .................................................................................................... 30 D. Labor .................................................................................................................... 30 E. Use of City Personnel and Equipment ................................................................. 31 F. Materials............................................................................................................... 31 X. Measurement and Payment ..................................................................................... 31 A. Billing and Payments ........................................................................................... 31 B. Measurement and Payment ................................................................................. 31 C. City’s Right to Withhold Certain Amounts ............................................................ 31 D. Extra Work ........................................................................................................... 33 XI. Legal Responsibilities & Special Provisions ......................................................... 33 A. Assignment .......................................................................................................... 33 B. Termination of Contract ....................................................................................... 33 C. Rights and Remedies of City for Default .............................................................. 33 D. Permits and Licenses ........................................................................................... 33 E. Equal Employment Opportunity ........................................................................... 34 F. Ethics in Public Contracting ................................................................................. 34 G. Disclosure of Independence and Relationship .................................................... 34 H. Prevailing Wages and Labor Laws ...................................................................... 34 I. Insurance and Indemnification ............................................................................. 35 J. Public Convenience and Safety ........................................................................... 35 197

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K. Safety Orders .................................................................................................... 36 L. Hazardous Waste ............................................................................................. 36 M. Dust Abatement ................................................................................................ 36 N. Noise Levels ..................................................................................................... 36 O. Personnel Protective Equipment ...................................................................... 36 P. Right to Require Performance .......................................................................... 36 Q. Compliance with Laws ...................................................................................... 37 R. Venue ............................................................................................................... 37 S. Firearms ............................................................................................................ 37 T. Executive Order N-6-22 – Russia Sanctions .................................................... 37

Exhibits (Exhibits A through B-9 are to be completed and submitted with Bid) Exhibit A Bid Form ............................................................................................... 38-41 Exhibit B-1 E.E.O. Compliance Certification (To accompany bid form) ...................... 42 Exhibit B-2 Certificate of Non-Segregated Facilities .................................................... 43 Exhibit B-3 Bid Guarantee ........................................................................................... 44 Exhibit B-4 Non-Collusion Affidavit .............................................................................. 45 Exhibit B-5 Certificate concerning Workers Compensation Insurance ........................ 46 Exhibit B-6 Americans with Disabilities Act Compliance Certificate ............................ 47 Exhibit B-7 Ownership Disclosure Form ...................................................................... 48 Exhibit B-8 Drug-Free Workplace Certification ............................................................ 49 Exhibit B-9 Iran Contracting Act Certification ............................................................... 50

Exhibit C Sample Contract (for information only, do not submit with bid) ................ 51 Attachment 1, General Contract Provisions ............................................. 54 Attachment 2, Standard Insurance Requirements .................................... 56 Exhibit D-1 Locations Listing and Square Footages
Exhibit D-2 Locations Map
Exhibit D-3 Water Conservation Ordinance
Exhibit D-4 City of Visalia Labor Compliance Manual Exhibit D-5 Applicable State Prevailing Wages
Exhibit D-6 Monthly Irrigation Report Template
Exhibit D-7 Water Schedule Worksheet

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I. DEFINITIONS

For the purposes of RFB NO. 22-23-09, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

3. "Bidder", "V endor", "Supplier", “Consultant”, “Contr actor” and “Subrecipient” are used interchangeably throughou t this invi tation to mean the person , firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

4. “Bid” and “Proposal” are used interchangeably to mean an individu al’s or entity’s offer in respo nse to this Request for Bid.

5. “RFB” means Request for Bid No. 22-23-03.

II. INTRODUCTION

The City of Vi salia is reque sting bids for landscape maintenance of an ar ea identi fied as Quadrant I.

Maintenance of areas must include if applicable , but not be limited to, pruning, shapin g a nd train ing 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 duti es required to keep the area(s) in safe, attractive, usable condition and maintain plant and tur f condition with horticulturally accept able growth and co lor and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. C ontractor must have sufficient equipment and employees t o complete the work in accordance with the specifications and requirements of this Invitation to Bid.

This contract is for the maintenance of approximately 341,826 sq. ft. (7.85 acres) Refer to Attachment D-1 and D- 2 of this RFB for square footage and location details.

The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Award will be made to the lowest bidder whose proposal is deemed both responsive and responsible and meets the requirements and criteria set forth in this RFB.

Mandatory Pre-Bid Meetings have been scheduled for this project. Bidders are required to attend at least one of the mandatory meetings to be considered eligible to bid on this project. Meetings will be held in the City Council Chambers at Visalia City Hall, 707 W. Acequia Avenue, Visalia as follows:

Pre-Bid Meeting #1: Tuesday, May 9, 2023, at 2:30pm, and Pre-Bid Meeting #2: Wednesday, May 10, 2023, at 9:30am

Time will be set aside a t these meetings for Contractors to ask quest ions about the project work and contract requirements. It shall be the responsibility of the Contractor to have acquired full knowledge of the job sites, scope of work and any problems or difficulties that may affect the work proposed.

This Request for Bids is being issued by the City of Visalia Purchasing Division. Unless otherwise directed, all communications regarding this regarding this RFB should be direct ed to th e Purchasing Division at (559) 713- 4334. To prevent misinterpre tations, the Purchasing Division prefers that all q uestions be sent by e -mail to [email protected] or via fax: 559-713-4801.

Any revisions to t he Invitation to Bid wi ll be issued and distributed as addenda . Bidders are sp ecifically directed not to contact any othe r City p ersonnel for meetings, conferences, or technica l di scussions related to th is Invitation to Bid. Failure to adhere to this policy may be grounds for rejection of Bids.

Local Vendor Preference: In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a l ocal preference. The local preference will apply t o any bu siness that has a b usiness 199

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address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.

The local preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If ther e is more than one local vendor that is within the 5% range, the offer goes to the local vendor that i s closest to the low bid.

Public Works Maintenance contract: Notice is hereby given th at this is a Public Works Maintenance Contract.

In compliance with SB854 and Lab or Code Section 1 725.5, all contractors and subcontractors bidding and performing work on Public Wor ks Projects must: 1) Be currently re gistered with the California Department of Industrial Relati ons (DIR) , 2) Furnish electro nic payroll records for new pr ojects to th e Labor Commissioner.

Awarded Contractor will be required to furnish the City of Visalia with their DIR registration number. See Scope of Work, Section D and City of Visalia Labor compliance Manual (attached) for additional details.

Prevailing Wages: Awarded Contractor must comply with State Regulations that apply to this contrac t, including payment of prevailing wages. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per di em wages as determined by the Director of the California De partment of Industrial Relations. The prevailing wages a ssociated with this work are at tached as Exhibit D-5.

The City of Visalia affirmat ively ensures that Minority Business Enterprises and Disad vantaged Business Enterprises (D BE) will be afforded full o pportunity to submit proposals in res ponse to t his notic e. Individuals and/or entities submitting bids/prop osals to the City of Visalia will not be discriminated again st on the basis of race, religion, creed, age, color, national origin, ancestry, physical or mental disability, medical condition, genet ic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Ne wsom issu ed Executive Order N -6-22 (the EO) regarding Econom ic Sanctions against Russia and Russian entities and individ uals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By s ubmitting a bid or p roposal, Contractor represents that it is not a target of Ec onomic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

The City of Visalia reserves the right to reject any or all bids.

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III. INSTRUCTIONS TO BIDDERS

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

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

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

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

From: Bidders Name & Mailing Address

Marked: Landscape Maintenance Quadrant I
RFB NO. 22-23-09

4. Submit a security deposit of no less than 10% of the Bid amount to the City with the sealed Bid to guarantee the Bid. City will not consider Bids which are not accompanied by the required security. Security may be made by certified check, cashier’s check, or Bidder’s bond. Forfeitur e of Bid security shall be governed by California Contract Code Section 20172-20174.

5. Submit each of the required Certifications, Affidavits, Assurances, Statements an d Questionnaires a s w ell as optional waiver(s) to the City with the seal ed Bid. The city will not consider Bids which are not accompanied by the required completed forms.

6. Inquiries regarding this Request for Bids may be dire cted to the Visalia Purchasing Division, at (559) 7 13-4334. However, to prevent misinterpret ations, the Purchasing Department request s that all questions be submitted in wri ting via email [email protected] or via fax (559) 713- 4801. Questions regarding this RFB are due no later than 4:00pm on Tuesday, May 16, 2023.

IIVV.. IIVV.. CCOONNTTRRAACCTT AACCCCEEPPTTAANNCCEE AAFFTTEERR AAWWAARRDD

Contract Acceptance: After award of the contract, the Contractor will inspect and review current landscape and irrigation conditions of the project areas. The Contractor must provide a statement summariz ing the status of the current landscape condit ions and irrigation system al ong with a cost estimate to make the necessary corrections and present them to the Projec t Manager for review. The Project Manager will schedule a meeting with the Contractor to re view t he current landscape and irrigation cond itions of the project work ar eas and agree to a resolution and ap proval of the p roject areas . The Project Manager wil l provide a statement summarizing the resolution of the current landscape conditions and irr igation system an d must be executed by the Con tractor as stated below.

Acceptance of contract will be done in phases:

Phase 1: 10 acres or less the contractor will have (30) thirty days to inspect all areas and provi de summery of conditions to the Project Manager for a resolution. Once the resolution is agreed u pon the contract will accept the conditions and complete the resolutions within (4) four months of contract providing all material receipts and labor costs as agreed.

Phase 2: 10 to 20 acres the contractor will have (60) sixty days to inspect all area s and provide summery of conditions to the Project Manage r for a resolution. Once the re solution is agreed u pon the contract will accept the conditions and c omplete the resolutions within (5) five months of contract providing all material receipts and labor costs as agreed.

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Phase 3: 30 or more acres the contr actor will have (90) ninety days to inspect all area s and provide summery of conditions to the Projec t Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (6) six months of contract providing all material receipts and labor costs as agreed.

At least sixty (60) days prio r to the renewal of the c ontract a revis ed statement summarizing the landscape conditions and irrigation system of the project work area must be prepar ed by the City’ s project manager and executed by the Contractor.

The City will conduct regular inspecti ons of the land scaping work by the Contr actor and is sue observed “Out of Compliance” reports to the Contractor . The Contractor will be required to re view and remedy the observed “Out of Compliance” issues of those observed areas of the inspection reports by the City. This does not relinquish the contractor of any responsibility to inspect an d ensure that all are as maintained by the cont ractor are compliant as outlined in the contract.

Sixty (60) Days prior to annu al contract renewal or termination of co ntract, all landscape repairs and replan ting requested by the City’s Project Manager mus t be complete. Any wo rk left in an unacceptabl e condition wi ll be cause for delay of final pay ment to Contractor until such tim e as the City has repairs and replanting completed.

Final payment will be reduced by the cost of these repairs and replanting.

VV.. VV.. SSCCOOPPEE OOFF WWOORRKK//SSEERRVVIICCEESS

A. STANDARD REQUIREMENTS AND LEVEL OF SERVICE
Maintenance of areas must include if applicable, but not be limited to , pruning, shaping and tr aining 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 conditi on and maintain plant and turf co ndition w ith horticulturally acc eptable gro wth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. Contractor must have suffici ent equipment and employees to co mplete th e work in accordance wi th the spec ifications and requirements of this Invitation to Bid.

LEVELS OF SERVICE
The City of Visalia prefers the highest l evel of service for all areas of the Quadrant , however the Ci ty reserves the right to determine wh ich level of service (frequency of service) will be assigned to each area in every Quadrant. Available funding in each Quadrant will determine th e l evel of se rvice assigned to each particular area of the Quadrant. The City of Visalia may find it necessary to assign a service level of less frequency (Level B or Level C S ervice) to specific areas of a Quadran t. Thus, the Bidder shall provide pricing for all Levels of Service where indicated on bid form.

Service
Level
Frequency of Service Number of
Services
Annually
A Once per week intervals 52
B Two-week intervals 26
C Once per month intervals 12

1. Standards. Contractor must perform services in a manner commensurate with the highest quality professional s tandards of the lan dscape maintenance profession, using q ualified and experience d personnel and high-quality equipment and materials.

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The specifi cations and standar ds must be met by Contracto r a t all times regardless of Contractor’s employees’ absence or established staffing pattern and levels.

2. Working Day. The contractor's act ivities must be confined to the hours betwe en 6:00 a.m. PST and 6:00 p.m. PST, Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior written consent of the City, except in emergencies involving immediate hazard to persons or property.

• No normal and routine mainten ance operations tha t cause excess ive noise sha ll be performed before 7:00 a.m.
.
• All or some locations ma y require blowing of parking lots and other ha rdscape areas prior to normal busi ness hours o f 8 a.m. PST to avoid materials being blown onto private vehicles and customers, i.e., Civic Center, and other customer-based facilities.

Contractor shall comply wi th the City of Vis alia’s Municipal Code, Title 8 Health and Safety, Chapter

8.36 Noise. The City of Visalia Municipal Code can be found at www.visalia.city.

3. Company Identification.

• All empl oyees mus t wear uniforms or other identifying clothing, to mak e clear to all observers that they are employed by the contractor.

• All vehicles (trucks, etc.) used in the course of fulfilling this contract sha ll have appropriate company ident ification, vi sible to all observers, to identify vehicles as being owned by the contractor.

4. Professional Conduct. Contractor and contractor’s employees m ust conduct themselves professionally at all times in public and whe n dealing with City staff and/or Visalia citizens. This will include but not be limited to refraining from using profane or v ulgar language in public area s while performing work under thi s 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 indirec tly, the contractor shall immediately inform the Project Manager of the concern (including the resident’s nam e a nd pho ne number if possible), and what act ion 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 Quadrant’s residents will result in a $100 liquidated damage s assessment or contract termination . The amount of damages for these type s of issues is di fficult to estimate, therefore a $100 liquidate d damages assessment (per incident ) shall represent costs incurred by the City i n responding to complaints concerning the Contractor.

6. Mowing All Turf areas co vered 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 s ystems must be mai ntained, rep aired, and adjusted to prevent wetting of adjacent streets and water waste during the irrigation cycle.

Contractor shall follow th e City’s and State’s water regulations. There will be a liquidated damage assessment of $100 per incident or termination of con tract if multiple or gross violations occur in recognition of the i mportance of water conservation. The amount of damage for the se types of issues is difficult to estimate and t herefore, $100 shall represent costs incur red by the City in responding to complaints concerning the Contractor.
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8. Signage. All r egulatory park , street, and traff ic signs, trail head signs, ci ty 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 reser ves the ri ght to reject any chemicals Contractor an d/or their subcontractors propose to use, prior to or during actu al use. Safety Data Sheets (S.D.S.) shall be provided to City prior to award of contra ct and in case of changes after a ward of contract at least thir ty (30) days p rior to usage by Contractor for any che micals while performing this contract.

Materials shall be non-staining, non-corrosive, and shall not le ave a flammable residue. Contractor shall not use pesticides in C ategory 1 (no chemic als with L D50 levels lower t han 500 mg/ km).

These w ould include, but not be limited to, several organophosphate and carbamate possessin g 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 mus t still be submitted indicating to the City that no chemicals were used.

10. Fertilizer. Short release f ertilizer: Only commercial ferti lizer containing ten percent (10%) or more nitrogen (N), available phosphoric acid (P205) or eight percent (8%) soluble potash (K2O), singly or collectively may be used. Generally, 16 -6-8 would be nitrogen coming from an ammonic or nitrogen source. A slow-release fertilizer shall have at least half of the nitrogen coming from a coated slow- release nitrogen source.

Fertilization will be on an as ne eded 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 cove red by the contract must be kept free of de bris and potential safety hazards generated by b ut no t limi ted to, leaves, grass clippings, pruning, weeding, tr imming, and other operations of t he contractor, as we ll as bottles, cans, trash and pape r and other y ard waste.

All tra sh and debris are to be removed and dispos ed 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 re spond immediately to emergencies.

Emergencies are ge nerally construed as those events that in the op inion of Ci ty staff constitute an immediate danger or hazard to property or persons, or that significantly violate water conservation requirements. If the emergency condition is identifie d and the contractor is notified (either through discovery or by contact from City personnel) during normal work hours, the contractor must r espond to the emerg ency within two hours unless otherwise specified. If discovery or notification occurs after normal working hours, the contractor must respond by 10am on the follow ing working day.

Contractor mu st provide some ac ceptable method by whic h contact can be ma de i n case of emergency, i.e., paging system, cell phone, etc. and shall also provid e a method b y which non - emergency messages can be received during the workday, i.e., phone messages, email, etc.

13. Reporting and Inspections

Status Reports
a. A written repor t is to be prepared by the Contractor and given to the Project Manager monthly. Th e report shall include a descrip tion of unusual circumstances, locations of any 204

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homeless encampments that are found in area s being maintained by the Cont ractor, lighting that is inoperable, major irrigation breaks, safety hazards, etc. For emergencies and safety hazards, the Project Man ager is to be called immediately. Failure to pr ovide a report may result in a a $100 penalty per incident or terminat ion of contract if mult iple incidents are noted. The reports are important especiall y if they are safety h azards. 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 sc hedule a meeting with th e Project Ma nager no less than once per month to review the work site to ensure compliance with the contract specifications and standards. At this meetin g, Contractor or Contractor’s sup ervisor shall sign the meeting attendance and inspection reports prep ared by the City, pro vide all chemical use and proposed use reports, irrigation inspection and schedule ch anges, and usage and/ or proposed fertilizer usage reports and discuss major accomplishments for the previous month, notable pr oblems, schedule changes and goals a nd d eadlines for the coming mon th. The Project Manager shall discuss areas out of compliance and options to bring areas back into compliance with contractor. Proj ect Managers shall discus s any penalties to the contract or and/or intensions to withhold pay ment of i nvoices. Project Mana ger shall document these meetings. Failure to atten d these meetings may be cause for a $100 penalty per incident or termination of cont ract if Contractor has failed to meet with City staff after multiple attempts to discuss gross breaches of duty.

c. The P roject Manager shall report any maintenance deficiencies to Co ntractor.

Contractor must correct any deficiencies at Contractor’s cost w ithin five (5) working days of written n otification. Unusual hort icultural problems such as pests, d isease, and damages that are be yond the sco pe of Contractor’s responsi bility shal l be brought to the attention of Project Manager.

d. A Chemical Use and Prop osed W ork Report must be comple ted for e ach chemical application and proposed application. These rep orts shall be submi tted each mo nth during c ontractor’s monthly meeting with City’ s Project Manager . Failure to submit reports may delay the City’s payment to Co ntractor and be cause for a liquid ated damage assessment of $100 per incident . The amo unt of damage and costs to the City for these types of issues is difficult to e stimate and therefore, $100 shal l 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 repor ts 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 Ins pection r eports (desc ribed below), irrigation schedul e changes, and contractor signed landscape inspe ctions from the C ity must be submitted with month ly invoice before payment will be made . Failure to submit all reports may delay the City’s payment to Contractor.

B. LANDSCAPE MAINTENANCE – SPECIFICATIONS

1. Irrigation. Irrigation must be done with the use o f automatic or manual sprink ler systems where available and operable, unless outlined in the initial accept ance inspections for repairs. These areas will be a ddressed with Con tractor during initial inspectio n and noted for reg ular monthly inspections. Failure of an exi sting system to provide full and ad equate 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. neces sary to accom plish proper coverage shall be the contractor's res ponsibility. Exclusions will be identified in description of areas and will be addressed with Contractor during in itial inspection. 205

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Original brand and size of heads and nozzles will be used in replacement of vandalized or fa ulty heads in turf and planter areas.

Contractor is respons ible for all repairs to the irrig ation system starting at the Ci ty side of the water meter, with the exception of the testing of the back flow and repair/replacement of the irrigation controller. Original, or equivalent, brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas.

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 adjustment s or repairs necessary to maintain healthy turf, plant growt h, p revent dry spots in t urf, plants, and shrubs, and prevent excessive run -off into streets or other areas not int ended to be irrigated. Care mus t be taken to prev ent wasting water, causing soil erosion, or allowing seepage into existing underground improvements or structures.

The con tractor shall ke ep controllers and valve boxes free of dirt and debris ; r epair, replace, clean, adjust, straighten, raise, or lower the following sprinkler system components:

• Sprinkler heads
• Sprinkler risers
• Quick coupler valve boxes
• Hose bib boxes
• Remote control valves
• Remote control valve boxes and covers
• Maintain and rep lace batterie s in battery operated controllers on a continual basis
• All irrigation wiring shou ld be maintained to City standards including pro per splices using DBR/Y-6 splice kits
• Proper solenoid 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 co uld cause the controller to be non-accessible or damaging to the controller

If contractor fails to keep sprinkle r nozzles pr operly ad justed/aligned to prevent wa ter waste, repair or replace mal functioning, broken or missing sprinkler heads a nd/or sprinkler head risers and water waste results, the City of Visalia reserves the right to bill contractor for excess amoun t of water in additio n to as sessing a liquidated damage assessment of $100 per in cident. Because It is difficult to estimate the p otential losses in water and the costs for City response time to compl aints from residents, $100 has been establi shed as a reasonable assessment.

The Contractor shall prepare a writ ten Irrigation Inspection Report (a report template has been included with this RFB, as a sample for Contracto r). 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 irrigat ion systems for any malfunction on an inter val established by Le vel of Service assigned f or the area. This must be accomplished by utilizing a remote-control receiver to place the controller in test mode and visually inspecting sprink ler operation. This includes, but is not limited to breaks in irrigation lines, irrigation v alves, heads, leaks and washouts, s aturated 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 caus e for liq uidated damage assessments of $ 100 p er incident o r termination of contract. Because It is difficult to 206

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estimate the p otential los ses 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 ru n off or overflow onto h ard surface areas must be ke pt to an absolute minimum so as not to cause waste of water, pedes trian 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 asses sment of $100 per inc ident 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 Res ponse 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 s ystems shall be made by a Public Works De partment representative. Any repairs deemed the c ontractor's responsibility must be made by the contractor prior t o the end of the contract period.

If the repairs made are not to the Project Manager's satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepanc ies determined by the Project Manager.

c. Repairs. Irrigation systems which are damaged by vandalism or in any way a s a result of work per formed under this con tract must be repaired or repla ced in k ind and in a n approved manner by the contractor. Repair s mu st be made immediate ly aft er dam age occurs, unle ss otherwise direct ed. Vandalism will be documented by the contra ctor with the use of digital photo s or vide o tape and supplied to the Pro ject Mana ger as proof of vandalism. The preferred method of tran smission of photos would be di gital 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 mater ial(s) used to repair vanda lism damage and submit to Project Manager for reimbursement of materials only.

• Normal Repairs = Contractor is respon sible for all normal repairs (i.e. Main l ine (including from water servi ce meter t o the b ack f low), valves, con trol wires, sprinklers, noz zles, lateral lines, etc .) The City is not responsible for any repairs needed past the irrigation controller. The ba ckflow device s annual maintenance/testing will be the responsibility of the
City of Visa lia. All normal repai rs are the sole responsibil ity of the contractor except for repairs needed due to vandalism. Repairs not made within twenty-four (24) hours of n otification o r not completed to th e 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 Irrigation Controllers, Booster Pumps, or Backflow Devices. All major repairs are the responsibility of the contr actor to repai r an d make operable but must be authorized by Project Manager in writing prior to repairs being made. Hourly rate 207

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plus materials for major repairs to be authorized by Project Manager pr ior to any work being done. Contractor is responsible t o rep ort in wr iting any issues with these devises to the Project Manager for authorization to repair or replace.

Failure to complete repair s in t he all otted time on a repeated bas is will cause the Contractor to have the full costs of repairs deducted from monthly billi ng a nd may be grounds for terminati on of contract. Contractor will be respo nsible 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, g reen, healthy growth pattern a nd promote deep root growth. (If City water restrictions are imposed to conserve water, they will supersede the previous statemen t). Water shall be applied in short repeat cycles of 3 - 5 minutes each to prevent water run -off in to street. Care shall be taken to not over water or waterlog any soil. Contractor shall turn off irrigati on 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 g round cover areas sha ll generally be applied between 12:00 a.m. and 6: 00 a.m. where possible, to l ower the risk of f ungus in turf. Drip stations may be operated during daytime hours.

e. Water Sche dule. Turf and landscape watering shall be sch eduled in acc ordance with prevailing water conservation requirements, and unless ot herwise spe cified shall be scheduled Tuesday t hrough Sunday. No watering shall be allowed on Mo nday without prior approval of Project Manager. Irrigation program shall be set up so tha t no water is applied to turf 48 hours prior to mowing . Overhead systems shall not be operated between 8:00 a.m. and 6 p.m.

Contractor will be responsible for any fines associated with not follo wing the City’s Water Conservation Rules and Regulations.

A proposed quarterly schedule of watering shall be provided to the Pro ject Manager one (1) month a fter aw ard of con tract. Each time the schedule is changed a new updated schedule must be provided to the PM.

f. Ground Cover . Sufficient amounts of water sha ll be applied to grou nd cover areas to maintain a healthy growth patter n and promote deep rooting. Care shall be ta ken to not over water or waterlog soil.

g. Banks and Slopes. Sloped landscape are as shall be irrigated in short cycles as require d to prevent water runoff , and to maintain horticulturally acceptable growth and co lor.

Irrigation practice is to promote deep root growth with a minimum of run-off.

h. Shrub and Trees. All shrubs and trees s hall 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 acc ording to shrubs or tree types and seasonal weather conditions. De ep 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 applie d to promote normal, healthy g rowth. Watering basins around newly planted shrubs and tree s t o be used during e stablishment period. It is the contractor’s respo nsibility to contact the City’s Natural Resource and Conservation Department to get a twenty -one (21) day 208

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establishment permi t for any ad ditional irrigation that will be nee ded for newl y planted plant materials.

j. Remote Control Receiver: Upon contract com mencement, the contractor is required to have a radio -frequency ready remote-control receiver t hat is compatible with all maj or irrigation systems. It is the responsibility of the contr actor to obtain and p urchase these devices unless it is a Toro Sentinel controller. The City of Vi salia will supply the contractor with the Toro Sentinel remote cont rol to use for the duration of the contract. The Toro Sentinel controller(s) s hall be retu rned to the City at t he conclusion of the contract.

Continuous activa tion o f va lves by manual sol enoid or bleeding valve stem can be damaging to the fragile irrigat ion mechanisms. The remote co ntrol allows the contractor to inspect the irrigation system effectively by utilizing the technology currently in place.

2. Weed Control.

a. Weed control clarifi cation. For the p urpose of this specification , a weed shall be considered to be any undesirable plant or plant growing out of place.

• Maintenance shall inc lude 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 l awns, planter areas, median islands, and tree we lls 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 are a. Weeds ma y be controlled b y mechanical methods, or chemical methods at the discretion of the contractor.

• Weeds reach ing height or width of four inches (4") shall be p hysically removed from landscaped areas.

• Seedlings growing out of desi red landscape plants sh all be removed and c hemically treated to terminate the growth of the undesirable seedling.

b. Use of Chemical Herbicides. The contractor shall abide by all rule s and regulations of the California State Dep artment of Food and Agricult ure, Department of Heal th, and Department of Industrial Relations regarding the safe appl ication of herbicides under this contract. Care shall b e taken t o ensure the safety of the pu blic and the contractor's emplo yees during chemical weed control operatio ns. The Project Manage r may restrict the u se of che mical weed c ontrol in certain areas. Pesticide Applicators L icense i s r equired t o a pply herbicide. C ontractor must supply a copy of this license to the Project Manager.

Failure to provide documentation of active license may result in a liquid ated damage assessment or termination of contract.

Contractor shall take necessary precautions to prevent herbicide drift onto non-target plants.

3. Diseases and Pest C ontrol. The contractor must regularly inspect all landsc aped areas for the presence of disease, insect, or rodent infesta tion. The contracto r shall notify the Project Ma nager within three (3 ) days of finding such a condition, outlining identification and control measures to be taken. Upon approval of the Project Manager, the contrac tor shall implement the approved control measures utilizing all safeguards necessary to protect the public and contractor's employees.

a. Use of Chemical Pesticides . All rules o f the California State Department of Food and Agriculture, Department of Heal th, and Department of Industrial Relation s regarding safe application of pesticide s under this contract shall b e observed. Pesticide Applicators 209

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License-Category B and C, along w ith a valid Maintenance Gardener Pest Control Business License are required t o a pply pesticide. Contractor shall take necessary precautions to avoid pesticide drift onto non-target organisms.

b. Rodent Mounding. Mound of soil in turf and planter ar eas caused by rodent activity shall be raked down at the intervals established by the Level of Service assigned to th e area, to prevent soil build up in turf and aroun d p lants. All curbs, gu tters, and other har dscapes adjacent to th e maintenance areas wil l 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 (goph er, 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 a reas that are used by walkers and pedestrians for safety (i.e. trails, turf, DG pat hs, 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 al low for full coverage of the irrigation system. Pruning is to be done in a manner that promo tes 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, she aring, or oth er se vere pruning will not be allow ed ex cept wi th prior approval. All debris fr om 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 r easonable bounds to prevent its encroachment into walk, passageways, and streets. Clear vi ew of traffic signs a nd intersections is to be maintained at all times.

All shr ubs and pl ant growth in planter a reas along walls are to be maintained to a height no greater than f our feet (4’) 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 t rees, multi-trunk trees, or large shrubs (i.e. Western Redbuds) must also be raised or thinned to maintain site line visibility.

Pruning is to be done in a manner that promotes the plant's natural growth characteristics.

Small shrubs and ground covers must be kept below thirty (3 0) inches at road level to allow for visual site of oncoming traffic.

b. Removal. All dead, dyi ng, or damaged plants (including trees) and a ny branches must be removed immediately. This debris, including plant growth re moved by contractor, shall be removed away from job sites and appropriately disposed o f 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 day lily, agapanthus, and similar plants sh all be removed on a monthly frequency. Dead leaves around base of plants shall also be removed on a monthly basis.

c. Trees. T he contractor is responsible for remov al of s uckers, limb growth that inhibits site line visibility of any traffic, and all p runing that can be reached wi th a twelve-foot (12’) pole saw by a person standing on the ground as part of this contract. 210

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All trees are to be ma intained in their natu ral 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 a chieve the trees natural growth characteristics and to me et International Society of Arboriculture (I.S.A.) Stand ards; all cuts shall be made cleanly with no stubs or projections remaining.

No weed w hackers or h edging type tools shall be allowed to trim and maintain trees. The use of im proper tools and techn iques r esulting in the negligent and irresponsible care of trees or plants, thus ca using dam age to trees or plants a nd resulting in the need for the Project Manager to hire outside services to correc t t he damage will r esult in those c osts associated with t he corrections being deducted from the Contractors month ly invoice along with a $100 liquidated damage assessment per incident or up to termination of the contract.

Canopy clearance a bove sidewalks , b ikeways, and other pat hways of 1 0'0" is to be maintained for pedestrian safety.

All regulatory street and tra ffic signs mus t be clear of tree and plant growth at all t imes for sight clearances.

Clippings must be pi cked up, hauled away, an d disposed of by the Contractor immediately and appropriately.

Leaves in pla nter areas shall b e removed on a monthly basis. In addition, d uring seasonal drop leaves will need to be r emoved off of walkways as nee ded for safety. Fallen l eaf material shall be removed off the plants regularly to allow for proper plant growth.

Newly planted trees that do not have trunk caliber sufficient to support tree shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species.

Until young trees are strong enough to s tand alone, they s hall be flex -tied between two (2) approved two-inch (2") diameter x eight foot (8') treated tr ee stakes. Tree stakes shall be of treated lodge pole pine. Metal stakes may be requ ired in so me areas. Tree ties made of extruded vinyl base, 1” wide, and a minimum of .01” thick shall be used to s ecure the young trees. Tree ties to be inspected often for signs of girdling or abrasion.

Contractor must maintain a three-foot (3’) diam eter circl e free of grass/weeds aro und all trees located in turf areas.

Trees damaged by maintenance equipment sha ll be replaced by contractor with like siz e and species. Contractor is responsible for all costs related to replacement.

Maintenance shall include th e removal of dead trees, limbs, and dead le af material at the intervals established by the Level of Servi ce 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 per the discretion and determination of the Project Manager.

Young or new t rees along trails, paths, riparia n landscapes, Land scape and Lighting Districts, parkway strips, and pocket parks shall be maintained, pruned, an d shaped to promote their eventual development into strong, healthy repr esentatives of their species by the contractor for the first three (3) y ears of the trees life within the landscape. Stakes must be re moved when tree has sufficient strength to suppor t itself. These costs a re to b e factored into the planter costs. Project manager will instruct contractor when tree stakes are to be removed. Contractor is res ponsible for the proper disposal of all press ure treated 211

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wooden tree stakes. All metal stakes in good condition must b e taken to C ity of Visalia, 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, l eaning, having hanger limbs, or in some manner co nstitutes a safety hazar d. Failure to notify Project Manager may result in a liquidated damage assessment of $100 per incident to recover the l osses 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 o nto walks, passageways, streets, curbing, and trails to allow f or 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 a nd 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 re quested by the Project Manager. Project Ma nager will request separate pricing for fertilization w hen it is required . A slow- release fertilizer will be applied when fertilizer is requested by Project Manager.

When fertilizer is applied as needed, to main tain healthy and vigorous plants : The City anticipates that primarily nitrogen will be deficient i n soils; however, Contractor shall identify and c orrect 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 beginn ing a fertilization program, Project Manag er shall submit to the Contrac tor, a schedule showing sites to be fertilized.

The Contractor shall submit to the Project Manager a schedule s howing the dates and app roximate times of fertilizer applications. Timing or number of sites fertilized per day o r week shall not be set up to preclude normal on-site maintenance work.

Once the Project M anager has requested that fertilization is necess ary the Contractor shall notify Project Manager at least ten (10) days b efore any fertilizer applications. Receipts for the Contractor’s purchase of the approved fertilizer will be required and must be subm itted to the Project Manager with monthly invoice.

Note: Subject to app roval of the Project Manager, fertilization may be a ltered by use of slow- release fertilizers such as Woodace containing IBDU formula.

6. Replacement of Plant Material

a. The contractor must notify the Project Manager within three (3) days of disco very of loss of turf, shrub, ground cover, or tree material due to any cause.

b. The contractor must supply all labor and mater ials 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 ca re by the Contractor shall be the responsibility of the Contractor.

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Contractor is not re sponsible 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 neglige nce shall be determin ed by the Project Manager.

The size and species o f replacement plant material shall also be determined by the Project Manager but shall be reasonably equal to the plant material that is being replaced.

In regard to trees, where there is a difference between the tree lost and the replacement tree, the difference will be deducted from the contract payment. The value will be determined using the latest American Shade Tree Conference guidelines.

c. Any plant damaged or lost through fires, storms, or water res trictions in response to drought conditions, theft, vehicular damage, or vandalism that are not the responsibility of th e contractor (as d etermined by the Project Manager), shall be r eplaced 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 rat e established in this contrac t and p ay for repl acement materials at COST plus 10%.

From time to time it may be necessary or desirable to replace some plants to enha nce 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 an d cost of replacement materials. All landsca pe repa irs a nd 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 contrac tor s hall supply itemized labor hours and material cos t invoice(s) with monthl y 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 Le vel 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 r utting, tear ing or sliding on t he turf surf ace or whe n it could be unsafe for contractor’s employees to operate equipment.
• All lawn areas in this contract must be mowed wit h 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 wit h the size of equipment, which w ill give a neat appearance without rutting, slidi ng ov er, or sca lping the turf. This will b e str ictly adhered to, including cases of steep turf slopes.
• Blades must be kept sharp at all times to prevent turf damage. • Mowing p atterns 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 clip pings must be removed promptly and dispos ed of at t he Contractor ’s expense unless they will dry and drop beneat h the growing leve l of t he turf within twenty-four (24) hours.
• Recycling c utting decks that provide an accept able cut may be used if written approval of Project Manager is obtained prior.

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Contractor’s emplo yees shall take care to avoid o bstructions such as elec trical box es, signage, b uildings, vehicles, etc. Contra ctor shall be responsible for repair of damage caused by its mowing or other activities.

Contractor shall take g reat 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 destroye d and shall be replaced at the Co ntractor’s expense w ith 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 a nd tw o 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 o f Service assigned to the area on a prese t day and rou te. Any cha nges to this sched ule 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 a reas shall be maintained at a l evel that will ensure a healthy, g reen color and uniform growth.

c. Broad Leaf and Noxious Weeds. These weeds shall be controlled on a continuous basis by chemical or manual method. Chemicals used for control shall b e registered for use on Fescue and Berm uda turfs. A Broadleaf an d Crabgr ass pre-emergent her bicide shall be applied b etween mid -January and Mar ch and again b etween September and Mid - November of every year . Herb icides suc h as Dimension, Pendulum, or Barri cade are recommended during this applic ation perio d. For post broadleaf weed cont rol Triplet , Trimec, or Triamin e will be applie d to co ntrol Br oadleaf and Cr abgrass weeds that are currently growing and weather c onditions permit the appl ication. Contractor wil l n otify the Project Manager of the application dates and provide a schedule of areas treated as completed.

d. Edging. All tu rf adja cent to improved surfa ces shall be edged a minimu m of once every mowing. Unimproved surfaces between turf and planter areas and/or property lines shall be edged a minimum of once per month to maintain turf delineation.

String trimmers, a.k.a. weed eaters, shall not be used around trees.

e. Clean-up. All surfaces shall be free of grass clippings and debris including turf, gutters, and street upon completion of mowing and edging operatio n. It i s the res ponsibility of the Contractor to remove these items immediately and dispose of them appropriately.

f. Turf grass seeding . Turf gras s s eeding will be done on an as -needed basis when requested by Project Manager. Th is is consi dered additiona l work a nd wi ll be paid 214

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separately from this con tract. Contractor shal l provid e Project Mana ger a quote for work prior to work being started. When seed is used, areas shall be top-dressed with humus.

g. Renovation. Renovation wil l be done o n an as -needed basis when requested by Proj ect Manager. Project Manager will furnish square footage and loca tions for renovation This is considered additional wor k and will be paid separa tely from this contract. Contractor shall provide Project Manager a quote for work prior to work being started.

Turf renovation to remo ve accum ulated t hatch fr om all sites u nder this contract must be accomplished by power raking or dethatching rakes on turf (care shall be taken so turf is not damaged).

A sch edule of eq uipment to be u sed by t he contractor shall be submitted to the Project Manager for approval 10 days prior to beginning work.

Refuse generated by renovating shall be remo ved not later t han the day followi ng th e 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 fro m this contract.

Contractor shall pro vide Project Ma nager a quote for w ork p rior 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 sh all be periodically edged to keep them in th eir intended space.

Groundcovers shall not be al lowed to encroa ch into sidewalks, lawns, shrub beds, or other areas deemed as undesirable by the Project Manager.

c. Groundcover p lantings shall be periodically thin ned an d pruned for vigorous growth and overall appearance of the site.

d. Groundcovers in media n and other Rig ht of Way areas mu st be t rimmed below thirty (30) inches at road/asphalt level for sight clearances for traffic safety.

e. Wall covering of Ficus Pumila and other vines, will b e trimmed back close to the wall and removed from trees and shrub s, and removed from planter areas as nee ded. Wall coverings shall not be allowed to grow over the top of the wall.

9. Hardscape Areas. All patios, curbs, gutters, pathways, sidewalks, and oth er hardscape ar eas (i.e.

Center median island points, r oundabouts, 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 d ebris and potential safety hazards generated by but not limited to, leaves, grass clippings, pr uning, 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 int ervals established by the Level o f Service and at the contractor’s expense.

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Note: If a nd when using a b lower or other pow er equipment the City’s municipal code

8.36.050 Exterior n oise standard s--Mobile noise sources prohibition against use. It is unlaw ful to operate a ny of the below -listed devices, appliances, e quipment, or ve hicles on p ublic or private property abutting noise sensitive l and uses between the weekday hours of seven p.m. and six a.m., and between the weekend hours of seven p.m. and nine a.m.

a. Power-assisted leaf blowers, lawn mowers, edger s, or ot her power equip ment used for the maintenance of property;

b. Vehicle equipment, which equipment is not expressly regulated by state or federal statute, such as car radios or sound amplification equipment which is audible more than twenty-five (25) feet from the exterior of vehicle;

c. Construction equipment including jackhammers, portable generators, pneumatic equipment, trenchers, or other such equipment, except for emergency repair purposes as provided in Section 8.36.070.

Refer to Exhibits D-1 and D-2 for square footages and locations.

C. IIMMPPOORRTTAANNTT NNOOTTIICCEE
The City of Visalia will n ot be responsi ble fo r oral in terpretations given by any City employee, representative, or others . B idders are cautioned that any statements made that mat erially change any portion of t he bid d ocuments shall not be relied upon u nless subsequently r atified by a formal wr itten amendment to the b id document. The issuance of a w ritten adde ndum is the on ly o fficial method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Invitation to Bid, the City will attempt to not ify all p rospective v endors who have secured same.

However, it will be the responsibility of each vendor, prior to submitting the com petitive bid, to contact the Purchasing Division, 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addenda were issued and to make such addenda a part of the competitive bid.

D. STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements

This contract is considered a public works maintenance contract and therefore, subject to DIR monitoring.

All contractors and subcontractors bidding and performing work on Publi c Wo rks Project s m ust be currently registered w ith the California Depart ment o f Industrial R elations. Awarded Contractor is required to furnish electronic payroll records for new projects to the Labor Commissioner.

No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids by unregistered contractors submitted after will be rejected as non-responsive.

A contractor or su bcontractor shall not be qualified t o bid on, be li sted in a bid propos al, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform p ublic work pursuant to Section 1725 .5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Busi ness and Profe ssions Code or by Section 10164 or 20103.5 of the Public Contract Cod e, p rovided the contractor is regis tered to perform public wo rk pursuant to Section 1725.5 at the time the contract is awarded.

If a project labor agreement (the term “proj ect labor agre ement” is defined in P ublic Contr act Code 2500(b) ( 1) as a pre -hire c ollective barga ining agreement that establishes terms an d conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) 216

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of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract C ode section 2500(a). City of V isalia has no ordinances requ iring or prohibiting such agreements.

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the pu blic works contract for thi s project and therefore, the C LC contract language requirements are incorporated into the contract.

❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform an y public work f or the City of Visal ia. Pro of of registration for each c ontractor and subcontractor listed on the bid is required.

❑ As set forth i s CLC section 1771.4 (a)(1), notice is gi ven that this pr oject is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.

❑ As set forth in CLC section 1771.4(a) (2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace po stings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html .

❑ The co ntractor an d each sub contractor shal l maintain all p roject records r equired under CLC for public works p rojects and pre serve them for a min imum 3-year period to begin o n the da te a N otice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.

❑ In accordance with CLC s ection 1773.2, the contractor is required , by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing r ate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.

❑ In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall;

o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each we ekly payroll as specified in section 1776 containing a st atement of compliance with labor code sections 1771, 1811, and 1815, signed under penalty of perjury.

o Make available or pro vide a certified cop y of these pay roll records an d their s upporting documentation with in 10 days to a ll authorized p arties upon writ ten re quest and be subject to penalties for non-compliance as detailed in labor code section 1776.

o Inform t he Ci ty of Visal ia of the lo cation o f the payroll records kept in compliance with labor cod e section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.

❑ The City of Visalia will comply with an y prevai ling wage monitoring and enfo rcement activities required by the labor complian ce programs of the Departm ent o f Indu strial Relation s including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).

❑ As set forth in labor code s ection 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontr actor for performance of work on th is public work project:

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o As s et forth in CL C section 1775 (b)(1), any co ntract executed between a contractor and a subcontractor for the pe rformance of wo rk on a City of Visalia public w orks project shall include a copy of the provisions of Labor Code secti ons 1771 , 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.

o As set fort h in CLC sectio n 1776, the subc ontractor shall maintain and furnish directly to the Labor Commissioner, bi -weekly, a c ertified copy o f each weekly payroll as spe cified in sect ion 1776 containing a stateme nt of compliance with labo r code sections 1771, 1776, 1811, and 1815, signed under penalty of perjury.

o As set forth in CLC section 177 5(b)(2), the co ntractor shall monit or the p ayment of the specified general prevailing rate of per diem wag es by the subco ntractor to the employees, by periodic review of the certified payroll records of the subcontractor.

o As set forth in CLC section 1775( b) (3), upon becoming aware of the failure of the subcontractor to pay h is or her wo rkers th e specified pr evailing rate o f wages, the contractor sh all d iligently t ake corrective action to halt or rectify the failure, including, but not limited to, retainin g sufficient funds due the subcontractor for work performed on the public works project.

o As set forth in CLC section 177 5(b) (4), prior to making final payment to the subcontractor for wo rk performed on the public works project, the contractor shall obtai n an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her e mployees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.

❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

❑ Only apprentices, as defined in CLC section 3077, in trainin g unde r apprenticeship standards approved by the Div ision of Apprenticeship Standards ( DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works.

❑ Unless exempted under CLC secti on 177 7.5(j), a c ontractor working on a public works contract of $30,000 or more shall employ t he nu mber of apprentices or th e rat io of apprentices to journey men stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.

❑ The prime contractor is responsible for compliance with the requirements of CLC sect ion 1777.5 for all apprenticable occupations employ ed on the contr act. As stated i n 1777 .5 (o), the apprenticeship requirement does not apply to contracts of general con tractors or to contracts of specialty contractors not bidding for work through a gener al or prim e contractor whe n the contr act is less th an thirty thous and dollars ($30,000).

❑ As stated in section 1777.7(e), the prime co ntractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:

o The contract executed between the contractor and the subcontractor for the performance of work on the public wor ks project shall include a copy of t he provisions of section 1771, 1775, 1 776, 1777.5, 1813, and 1815. These labor code s ections must be included w ithin or as attachments to the contract.

o The contractor shall continually monitor a subcontractor’s use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. 218

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o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the co ntractor shall tak e cor rective action , including, b ut not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.

o Prior to making a final payment to the subcon tractor for work performed on the public works project, the contractor shall obtain a declaration signed under p enalty of p erjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.

❑ The prime contractor i s r equired to prov ide a signed affida vit declaring their complianc e with California Labor Co de s ections 1771 (prevailing wage) and 1 777.5 (apprenticeship) for all wor kers employed on the contract before final payment will be made on the contract by the City of Visalia.

Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:

❑ As set fort h in CLC section 1773, the City of V isalia s hall obtain the general prevai ling rate of per diem wages and t he general prev ailing rat e for holiday an d overtime work i n the lo cality in which the public work is to be performed for each craft, classification, or typ e of worke r needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticable trades. In accorda nce with labor code section 1773.2, this information is to be includ ed in the contract itself.

10 days b efore th e clo sing d ate of the bid, the project ma nager wi ll review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. Gen eral prevailing wage determinations m ade by t he director of industrial relations for journeyman and apprentices may be found at:

http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp

EE.. CCIITTYY OOFF VVIISSAALLIIAA LLAABBOORR CCOOMMPPLLIIAANNCCEE MMAANNUUAALL Consultant shall fulfill requirements of Department of Industrial Relations and California Labor Codes by complying with the City of Visalia Labor Compliance Manual which is incorporated into This RFB and subsequent contract by reference and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.

VVII.. GGEENNEERRAALL CCOONNDDIITTIIOONNSS

AA.. CCOONNTTRRAACCTTIINNGG AAGGEENNCCYY
The contract res ulting from t his Invit ation t o Bid wi ll be administered by the City of Visalia Parks Maintenance Department. However, the City Purchasing Di vision shall be the f inal j udge co ncerning issues or matters related to contrac t interpretation or problems regarding the terms, conditions, or scope of the contract.

BB.. TTEERRMM OOFF CCOONNTTRRAACCTT
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 CONTRA CTOR, be extended annually thereafter for four ( 4) con secutive 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 req uest renewal unless the City delivers a th irty (30) day written notice o f non-renewal to the Contractor prior to the renewal date. 219

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If Contractor decides not to consent to renewal by the City, then they must provide t he 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 co nvenience 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 t he best interest of the City. In the event of termination or expiration o f this Agreement, Contractor shall transfer to City any funds and/or accounts re ceivable on hand attributable to the use of CITY funds.

CC.. PPRRIICCIINNGG
All pric es quo ted in re sponse to this Invitation to Bid sha ll be firm and fixed for t welve ( 12) months from the an nual anniversary date of the agr eement. In order to protect the interests of the City and to give the ve ndor a reasonable basis for bidding, a price adjustment feat ure i s hereby incorporated into the specifications. Prices bi d by vendor may be adjusted a nnually at time of contract renewal a nd up on mutual agreement of the p arties to the co ntract to al low 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 req uest f or price adjustm ent mus t be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the an nual 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 pri ces may be ch anged in a n 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.

DD.. AAPPPPRROOXXIIMMAATTEE EESSTTIIMMAATTEE
The quantities given on the bid proposal form and in the contract documents are approximate only, being given as a basis for comp arison of bids, and the C ity of Visalia do es n ot, ex pressly or by implication, agree th at the actual amount of work will c orrespond therewith, but reserves th e right to increase or decrease the amo unt of any cla ss or portion of work, or to omit portions of the work, as th e City ma y deem necessary or advisable, at the prices bid.

EE.. EEXXAAMMIINNAATTIIOONN OOFF SSPPEECCIIFFIICCAATTIIOONNSS AANNDD SSIITTEE OOFF WWOORRKK Bidders shall satisfy themselves by personal examination of the work site(s), specifications, other contract documents, and by any ot her means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. The submission of a bid shall be conclusive evidence that the bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the proposal and the City.

If the bidder receives an award as a result of this bid submission, failure to have made such investigations and examinations will in no way relieve the bidder from its obligatio ns to comply in every detail with all provisions and requirements of the contract do cuments, nor w ill a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the bidder for additional compensation.

Any errors, omissions, or discrepancies found in the contract documents shall be called to the attention of the City and clarified prior to the submission of bids.

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Should the contractor feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the bid.

FF.. DDIISSCCRREEPPAANNCCIIEESS AANNDD MMIISSUUNNDDEERRSSTTAANNDDIINNGGSS No bidder shall, at a ny time after the submission of a proposal, m ake a claim or assertion that there was any misunderstanding or lack of information regarding the nature or the amount of work necessary for the satisfactory completion of the job. Any errors, omissions , or discrepancies found in the project manual or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals or proceeding with the described work. The contractor shall be liable for any resultant dama ge where he recognized such error, inconsiste ncy, or omission and knowingly failed to report it to th e City.

The contractor will bear no liability for any errors that he discovers and reports to the City.

The bid documents (including all attachments and addenda), Bidder’s respon se to RFB , contract , and purchase order shall constitute the full contract for this project. Should the contractor feel there has been a supplemental or ora l modification, it shall be his responsibility to verify said modification in writing prior to the submission of a proposal. Verbal information obtained otherwise will not be considered in awarding of bids.

GG.. BBIIDD FFOORRMMSS
The City has furnished to each bidder a standard bid form, which , when filled out and executed, may be submitted as his bid. Bids not presented on forms so furnished will be disregarded.

All bids shall give the prices proposed in the spaces provided and shall be signed by the bidder who shall fill out all blanks in the bid form as therein required. No telegraphic bids will be considered.

All bids shall be submitted in a sealed cov er and plainly m arked a s a b id and i dentifying the project to which the bid relates and the date of the bid opening therefore. Bids that are not properly marked may be disr egarded. Bi ds may be rejected if the y show any alteratio n of fo rm, addi tions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.

When bids are signed by an agent, other than the o fficer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a “Power of Attorney” must be on file with the City of Visalia prior to openin g bids or shall be submitte d wit h the bid ; otherwise, the bid will b e rej ected as irregular and unauthorized.

HH.. WWIITTHHDDRRAAWWAALL OOFF BBIIDDSS
Any bid may be withdrawn at an y time prior to the time fixed in the publ ic notice for the opening of bids, only by written request for the withdrawal of the bid filed with the Purchasing Manager. The request shall be executed by the b idder or his dul y authorized re presentative. The w ithdrawal of a bid does no t prejudice the right of the bidder to file a new bid. No bi d may be withdrawn after the time fi xed in the public notice for the opening of bids.

II.. DDIISSQQUUAALLIIFFIICCAATTIIOONN OOFF BBIIDDDDEERRSS Only one bid may be submitted as a “prime contractor” for the same wo rk by any f irm, individual, partnership, corporation, or combination thereof. A contractor submitting a bid as a prime contractor may not also submi t sub-bids to other c ompeting prime contractors. Reasonable grounds for believing that any individual, fir m, partnership, corporation, or combination the reof i s interested in mor e than on e proposal for the work contemplated will cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. A contractor who is not submitting a bid as a prime contractor may submit any number of sub-bids to competing prime contractors.

JJ.. OOPPEENNIINNGG OOFF BBIIDDSS
Bids will be publicly opened at the time, date and p lace in dicated in the Notice Inviting Seal ed Bids .

Bidders or their authorized agents are invited to be present. Bidders name, location and bid amount wil l be read a loud. A bid summary will be pr epared at that time. No other information wil l be provided until 221

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after bids have be en fully examined an d accepted. No bids will be received, n or considered, after the time fixed for receiving them. Late bids will be returned unopened to the sender.

KK.. IINNCCUURRRRIINNGG CCOOSSTTSS
The City of Visalia is not liable for any cost incurred by proposers in responding to this Invitation to Bid.

VVIIII.. PPRROOTTEESSTTSS//AAPPPPEEAALLSS
Because it is e ssential that bidders have c onfidence in the proc urement procedures for soliciting and awarding contracts, it i s the policy of the City to offe r bidders the opportunity to appeal award of contracts.

The following procedures shall apply in regard to appeals:

1. Any actual bidder who is aggrieved in connection with this RF B or award of a contract hereunder may protest to t he City of Visalia Purch asing D ivision in writ ing within five (5) wor king days aft er such aggrieved bidder knows, should have reasonably known, or could reasonably be expected to know, of the facts giving rise thereto; and

2. Should identify onl y the ar eas regarding big contra dictions, pr ocurement errors, quotation ratin g discrepancies, legality of procurement context, conflict of interest in t he rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.

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

4. Further levels of appea l may be made in accord with the appeals provision contained in Chapter 5 of the City’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.

VVIIIIII.. AAWWAARRDD AANNDD EEXXEECCUUTTIIOONN OOFF CCOONNTTRRAACCTT

A. EVALUATION AND AWARD OF CONTRACT

The City of Visalia reserves the right to reject any or a ll bids; to waive any irr egularities or informalities in any bid or the bidding process.

The City may ma ke such investi gation as it deems n ecessary to dete rmine the ability of a pro poser to furnish the re quired services, and the bidder will furnish to the City all such information and data for this purpose as the City may request. The City reserves the righ t to reject any bid if th e evidence submitted by or investigation of such p roposer fails to satisfy the City that such bidder is properly quali fied to carry out the obligati ons of a contrac t and to deliv er the servi ces co ntemplated h erein. The City expres sly reserves the right to reject the bid of any bidder w ho is in d efault on the payment of taxes, li censes or other money due to the City of Visalia.

The award, if m ade, will be made within ninety (90) days from bi d closing date. Bidder agrees and so stipulates in submitting this bid, as though stated therein, and in any subsequent award of contract that:

1. Contractor is an independent contractor, not an employee, administrator, or officer of the City.

2. Contract, sh ould i t be awarded, shall be interpreted, construed, and given eff ect i n all respects according to the laws of the State of California.

3. Should contractor be awarded contract, contractor sh all not assign contract, or any part thereof, or any monies due or to become due thereunder, without prior consent of the City. 222

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4. Contractor shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all clai ms, dam ages, losse s, and expenses caused in whole or in part by any negligent act or o mission of the contrac tor, its consul tants, sub contractors, anyone directly or indirectly employed by any of them, or anyo ne for wh ose acts any of th em may be liable, exc ept where caused by the active negligence, sole negligence, or willful misconduct by the City.

5. Contractor shall hol d the City harmless from liabil ity of any nature or ki nd, including cost an d expenses for infringement or use of any copyri ghted c omposition, secret process, patent ed or unpatented invention, article or appliance furnished or used in connection with the contract.

Contractor warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the contractor, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For brea ch or violation of this warranty, the C ity sha ll have the right to t erminate the contract, either in whole or in part, and any loss or damage sustained by the City in procuring on open market, any items which the contractor ag reed to supply, shall be borne and paid for by t he contractor. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any oth er rights and remedies provided by law or under the cont ract. Contract shall b e in the form of a Ci ty of Visalia Purchase Order and attachments of the bid documents, all add enda that were i ssued, the Con tractor’s bi d in r esponse to th e RFB document, along with Contractor’s Performance Bond and Certificate of Insurance.

6. Contractor i s to sign a notic e o f a cceptance ( NOA) withi n 30 days of notice to award contract.

Contractor will have those 30 days to review the contracted areas prior to signing the (NOA) notice of acceptance. Failure to sign (NOA) will result in forfeiture of contract.

B. BASIS OF BID AWARD
Award of bid(s) sha ll be made to the lowest b idder, whose bid is deemed both res ponsive and responsible and meets the specifications and qualifications listed in bid document.

C. REFERENCES
Where indicated on Bid Fo rms, Bidder shall include a list of three (3) accounts, complete with locations, that have been maintained for at least three (3) years, and that are similar in size and characteristics to those listed in these contract documents.

D. COOPERATIVE AGREEMENTS
All California agencies may purchase off of this agreement a t the sa me prices, te rms, conditions and specifications. Each agreement between a public agency and the successful contractor shall be found to be a separate and distinct legal and binding obligation of the successful contr actor. The City of Visalia shall incur no responsibility in connection with purchase or agreement between another agency and the contractor.

It shall be the su ccessful contractor’s responsibility to inform potential public agencies of this cooperative requirements contract.

E. CONTRACT BONDS
Required Contract Bonds: The Awarded Bidder will be required to provide to the City of Visalia with a “Performance Bond” in the amou nt of 100% of t he contract amount within ten (10) working days of the date of the “Notice of Award”.

The Performance bond s hall remain in force for the duration of the cont ract. It shall be updated annually and as needed during the contract year due to a dditions/deletions to the contract. According to City standard the surety company must be a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.
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F. FAILURE TO EXECUTE CONTRACT
Failure of the lowest respo nsible bidder, the second lowest responsible or third low est responsible bidder to file acc eptable bonds and meet with the project manager as provided herein within ten (10) days, not including weekends and legal ho lidays, after such bidder has received no tice that the c ontract has been awarded to him may be just cause for the annulment of award.

IIXX.. CCOONNTTRROOLL OOFF WWOORRKK

A. CITY-CONTRACTOR RELATIONS
Project Manager’s Responsibility and Authority. All work shall be done un der the general supervision of the p roject manager or hi s designee(s). The contractor shall b ear all respon sibility for, and have all control over, in accordance with the bid specifica tions, the means, methods, techniques, sequences and procedures of the work and safety precautions or program s, and th e project manager shall not ha ve control over, nor bear responsibility for same. No r will the project manager have control over nor bear responsibility for the acts or omissions of the contractor, sub-contractors, their agents, or employees, or for failure of any of these to carry out the work in accordan ce with th e contract documents. The project manager has the right t o r eject work that does n ot c onform t o the contrac t documents. The project manager shall decide any and all questions which may arise as to the q uality and acceptability of work performed, rate of progress of work, and a ll questions as to the acceptable fulfillment of the C ontract on the part of the contractor.

Project Manager’s Decisions. All claims of th e contractor shall be p resented to the project manager for decision that shall be made in writing within a reasonable time. All decisions of the project manager shall be final except in case which tim e and/or financial considerations are in volved, which may be subject to rulings from the City Attorney.

Suspension of Work. The project manager shall have the authority to suspend the work, wholly or in part, for such period or periods as he may deem necessary, due to unsuitable weather or other such conditions as are considered u nfavorable for the prosecution of work, or failure on the pa rt of the contractor to carry out the provisio ns of th e contract. T he contractor shall not s uspend o peration without the project manager’s permission.

Subcontracts. As specified by the contract documents the contractor shall submit in writing to the City the names of the subcontractors proposed for the work. The contractor is responsible to the City for the acts and omissions of his subcontractors, and of their direct and indirect employees, to the same extent, as he is responsible for the acts and omis sions of h is employees. The cont ract document s shall not be construed as creating any contractual re lationship betwee n any subc ontractor and the City. The contractor shall bind every subcontractor by the terms of the contract documents.

Oral Agreements. No oral order, objections, claim or notice by any party to the other shall affect or modify any of the terms or obli gations contained in any of the contract documents and none of the provisions of the contract documents shall be held to be waived or modi fied by re ason of any act whatsoe ver, other than by a definitely agreed waiver, or modification thereof, in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.

B. CARE OF EXISTING STRUCTURES
The contractor shal l be liabl e for all damage done t o a ny structu re arising thr ough his operations. He shall take care of and maintain all retaining walls, sewers, water service, drains, and culverts encountered in the performance of the work. The contractor shall repair all damage done to any of the said structures through his acts or neglect and shall keep them in repair during the life of the contract. He shall in all cases leave them in as good condition as they were prior to the commencement of the work.

Care shall b e taken no t to move, without the consent of th e City Engineer, any sewers, drains, culv erts water service, pipes, poles or other structures.
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C. EXISTING UTILITIES
Contractor’s attention is directed to the po ssible ex istence o f utility se rvices and other unde rground improvements. All reason able precauti ons shall be t aken to preserves and prote ct any such improvements. The contractor shall notify the project mana ger and Underground Service Alert companies of proposed locations and times for any and all excavations.

1. Prevention. Contractor shall be responsible for locating and preventing d amage to known utilities.

The contractor shall notify the owners of al l utilities and substructures not less than forty-eight (48) hours prior to working in the vicinity of any such facility. In addit ion, the contractor shall request that the owners’ pot hole o r ot herwise expose all no n-City own ed h igh-risk unde rground facil ities. If damage occurs to a known ut ility, the contractor shall repair util ity at no additional expense to the City of Visalia.

2. Damage. If damage occurs to an unknown utility, the contractor shall repair the utility. An equitable adjustment will be made in accordance with work performe d. Contractor is to furnish written quotation prior to commencement of work.

3. Connections. The contractor shall not make co nnection to, or dra w water fr om, any hydrant or pipeline without first obtaining permission of the public or private authorities having jurisdiction over the use of sa id fire hydrant or pi peline, and from the private or p ublic agency owning the affected water system. For each such connection made, the contractor shall first attach to the fire hydrant, or pipeline, a valve and a me ter, if r equired b y said au thority, of a size and type accep table to s aid authorities and age ncy. The contractor will be granted privilege to draw water from an authorized point of connection as needed for proper execution of said contract.

D. LABOR
The contractor must provide sufficient supervisory and working personnel to accomplish all work included in this contract satisfactorily and on schedule. All p ersonnel are to be physic ally able to p erform their work. Only workmen thoroughly familiar with their line of work will be employed on the job. Any overseer, superintendent, laborer, or other pe rson employed on the work by the contractor, who shall perform his work in a manner contrary to these specifications, or refuses to carry out the orders of the owner, shall be discharged immediately, and such persons shall not again be employed on the work.

Qualifications of Employees

1. Ensure that employees are physically qualified to perform their assigned duties in a safe manner.

2. The contractor and all emp loyees shall conduct themselves in a proper and efficient ma nner so as to cause the least ann oyance to the public. The project manager may require the contractor to remove any careless, incompetent, or objectionable employees whose continued presence is judged to be not in the City’s best interest.

3. Do not allo w employee s to work whose ability or alertness is impaired b ecause o f d rugs, fatigue, illness, intoxication, or other conditions that may predispose them to injury.

4. Operators of vehicles and e quipment shall be able to u nderstand si gns, signals, and ope rating instructions, and be capab le of operati ng such equipment. Contractor shall prov ide op erating instructions for all equipment. Newly hired employees shall be individually tested by an exper ienced operator or supervisor to determ ine if they are capab le of safely and efficiently oper ating equipment.

All operators of vehicles and equipment shall be properly licensed and shall operate vehicles used in the performance of the contract in a safe and prudent manner.

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E. USE OF CITY PERSONNEL AND EQUIPMENT
City of Visal ia shall not furnish pe rsonnel to as sist the contractor in performance of the contract. The contractor understands th at a ny offers of assistance by City Personnel are unauthorized and t he contractor shall not accept such offers.

City of Visalia shall not furnish any equipment to assist the contractor in performance of the contract except for Toro Sentinel irrigation controller remotes and keys needed for landscape maintenance. If the remote and keys need to returned before the final day of the contract or the last months payment will be withheld and or amount for replacements deducted.

Contractor understands that any o ffers by City of Visalia Perso nnel to use City e quipment for loading , processing, and disposal of the property are unauthorized and the contractor shall not accept such offers.

Contractor shall be billed f or City perso nnel labor, equipment, and materials whe never City forc es ar e called upon to r epair damage caused by the contractor in the performance of work associated with this contract.

F. MATERIALS
Contractor shall f urnish and use, at his ow n ex pense, a ll materials, labor, to ols, equipment an d transportation n ecessary t o pro vide contractual Landscape Maintenance for the areas iden tified in this RFB.

All vehicl es utilized to carry ou t c ontracted work for the C ity shall b e i n compliance with t he S tate of California emission inspection program.

XX.. MMEEAASSUURREEMMEENNTT AANNDD PPAAYYMMEENNTT

A. BILLING AND PAYMENTS
Contractor i s fully r esponsible for assuri ng that all services a rising fro m the agreement are b illed the correct and applicable contract rate. The co ntractor is required to establis h 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.

In connection with any cash discount offered, time will be computed from the date of complete delivery of the service as specified, or from the date correct invoices are received, if that date is later than the date of delivery. For th e purposes of earning the disco unt, payment is deemed to be made on the date of the mailing of the City check.

B. MEASUREMENT AND PAYMENT
The contractor will b e paid monthly in arrears for work satisfactorily performed under this contr act. After completed work has b een inspected and ap proved, payme nt will be made in no more t han thirty (30) working days.

Contractor’s monthly invoice must include:
o A signed Landscape Inspection sheet,
o signed monthly meeting sheet,
o signed irrigation schedule,
o a signed chemical usage report sheet, and
o a proposed chemical application 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:
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• Payments that may be past du e and payable for j ust claims for labo r or mat erials furnished in and about the performance of the work und er this contr act an d a s a result of contracto r’s failure to properly make payments to its subcontractors or suppliers.

• Claims filed or reasonable evidence indicating t he probable filing of claims. The City shall disburse and shall have the right t o act a s a gent for t he contractor in disbursing su ch funds as ha ve been withheld pursuant to this subsection, to the party or parties who are entitled to pa yment 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 specific ations which is not performed or is incomplete or for defective work not remedied.

• When Contractor is out of c ompliance wit h the requirements of the maintenance agreement, an appropriate downward ad justment in c ontractor’s payment shall be ma de. Downward adjustments will be made for incomplete and /or unsatisfactory work or non -performance based on a percentage of the estimate d cost to the City for each area maintained by the Contractor. See tables below which l ist the cost adjustment percentage. The Area Cost Estimate u sed by the City will be th e square footage descriptions c ontained in Exhibit D-2 (or as that d ocument is am ended if additional areas are added during the term of the Agreement ) and t hen 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 Utilities Clear 5% 25% 20% 25% 15% 5%

Areas with only Planters:

Area Cost Estimate Trash/Debris Planters Trees Irrigation Utilities Clear 5% 50% 25% 15% 5%

• If an inspection by City indicates an area is out of compliance, the City shall:

o Notify the Contractor in wr iting of the area that the inspection showed was i ncomplete 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 Ci ty 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 ass ess a $100 liquidated damage assessment per incident over and above the c ost to correct the unsatisfactory condition for failure to perform any part o f the work covered in this contract. Because it is difficult to estimate the potential costs to the City in responding to resident complaints over such conditions, $100 is set as a reasonable estimate of potential costs to the City in responding to a failure by the Contractor.
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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 i n dup licate for each day’s ex tra w ork no later than the w orking 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.

XXII.. LLEEGGAALL RREESSPPOONNSSIIBBIILLIITTIIEESS && SSPPEECCIIAALL PPRROOVVIISSIIOONNSS

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 C ity unless such assignment had prior written approval and consent of t he City. In the event the City gives such consent, the terms an d 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 te rminated with out cause by the City, in whole or in pa rt, 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 shall fail to pr ovide s ervices or pe rform unsatisfactorily the work requi red by th e terms and condition s of the contract, or materi ally breaches any o f 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) cale ndar days after the date of m ailing said terminati on notice. Termination for cause may result in a contractor being considered a non-responsible bidder in future bids for services under the City of Visalia Purchasing Policy and Procedures.

3. Any assignme nt, subletting, or t ransfer o f the interest of the contractor, either in whole or in part, without the written consent of the Ci ty shall cause be for t he City to immediately terminate the agreement for default.

4. Notwithstanding any other p rovisions of this agreement, this agr eement ma y be terminated by th e City upon a single violation of this agreement.

5. In the event of termination, Contractor shall be e ntitled only to payment for work perf ormed to date, less any costs p aid by the City to b ring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.

C. RIGHTS AND REMEDIES OF CITY FOR DEFAULT
In t he c ase of default by c ontractor, 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 pa id by the City shall be considered the prevailing market price at the time service is delivered.

D. PERMITS AND LICENSES
Possession of a City of Visalia Business Tax Certificate is not required to submit a bi d in response to this invitation. However, contra ctor, and all subcontractors, s hall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to co mmencing work. Fee i s based on gross receipts fo r all busines s transactions in the City of Visalia . Fo r additional infor mation, contact the City of Visalia at (559) 713-4326. No payment on the contract will be made until such license 228

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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”), and o A valid Maintenance Gardener Pest Control Business License. o A valid Department of Industrial Relations (DIR) Registration Number (as mentioned previously) o A valid City of Visalia Business Tax Certificate (as mentioned in Section E)

o Awarded Bidder must also obtain a valid City issued encroachment permit to work in City Right of Way

E. EQUAL EMPLOYMENT OPPORTUNITY
Attention of the bidder is parti cularly ca lled to the requiremen t for ensuring tha t employees, and applicants for e mployment, are n ot dis criminated agains t b ecause of their race, color, n ational origin, ancestry, religion, physical or mental disability, marital status, political affiliation, or ge nder. Such affirmative action shall inc lude, but not be limit ed to, the employment, upgr ading, demotion or tran sfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for train ing, including apprenticeship. It i s understood and agreed that the contractor shall comply with all requirements, when applicable, of the C alifornia Fair Employment Pract ices Commission and provisions, when a pplicable, of all Federal, State of California , County of Tulare and City o f Visalia laws and ordinances, in performance of fulfilling this agreement.

F. ETHICS IN PUBLIC CONTRACTING
Each offeror, by submitting a proposa l, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the offeror certifies that its proposal was made without fraud; that it has not offered or received an y kickbacks or i nducements from any other offeror in connection with the offer; and that it has not conferred on any public employee, public member or pu blic offici al hav ing respon sibility for this procu rement tr ansaction, an y paym ent, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. The of feror further certifies that no relationship exists between itself and the City or another perso n or organization that interferes with fair c ompetition or constitutes a con flict of interest with respect to a co ntract with the City of Visalia.

G. DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP
Prior to the award of any contract, t he potenti al cont ractor may be re quired to certify in writing to the Purchasing Manager that no relationsh ip exists between the contractor and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.

H. PREVAILING WAGES & LABOR LAWS
Consultant must comply with State a nd Fe deral Regulations that appl y to this contract, including Prevailing Wage requirements as applicable. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be r equired to pa y not less than the prevaili ng wage of pe r diem wages as determined by the Director of the California Department of Industrial Relations.

Labor Laws. The contractor, and all subcontractors, suppliers, and contractors, shall comply with all City, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Contractor shall also adhere to t he requirements of State Labor Code Sections 1810 an d 181 5 pertai ning to w orking ho urs an d overtime ra tes of pay. The contractor or any subcontractor performing work or subcontracting to do any of the work contemplated by this contract shall comply with e xisting Labor Codes rega rding empl oy of a liens excep t und er extraordinary emergencies (Section 1851.5, 1850 to 1854).

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I. INSURANCE AND INDEMNIFICATION
Contractor agrees to indem nify, defend, and hold harmless the City of Visalia, its elected and appointed officers, agent s, employees, represe ntatives, and volu nteers from and agains t any and all c laims, demands, defense costs, liability, or consequential damages of any ki nd or natu re arising out of or in connection w ith contractors (or contracto rs subcontractor s, if any) pe rformance o r failure to perf orm, under the terms of this contract; except to the extent those which arise out of the negligence of the City of Visalia.

Without limiting the City of Visalia’s right to indemnification, it is agr eed that contractor shall secure prior to commencing any activities under this contract, and maintain during the term of the contract, insurance coverage as follows:

1. Workers’ Compensation insurance as required by California statutes.

2. Commercial general l iability insurance with a com bined single limit of not less than One Million Dollars ($1,0 00,000) p er occ urrence. Suc h insurance shall include co verage for Premises and Operations, Contractual Liability, Personal Injury Liabil ity, Pr oducts and Completed O perations Liabi lity, Broad F orm Property Damage ( if applicable), Independent Contractor’s Liability (if applicable).

3. Comprehensive Automobile Liability coverage with a combined single limit of not less that One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned , hired, and non -owned a utomobiles and s hall be pr ovided by a busines s automobile policy.

Each insurance policy required by this contract shall contain the following clause:

“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after th irty (30) days prior w ritten notice has been given to the Purchasing Department, City of Visalia, 707 W. Acequia, Visalia, CA 93291.”

In addition, the commerc ial general liability and com prehensive auto mobile liabil ity policies required by this contract shall contain the following clauses:

“It is agreed that any insurance maintain ed by the City of Visalia shall apply in exc ess of and not contribute with insura nce provided by this policy.”

“The City of Visalia, its officers, ag ents, emp loyees, representatives and volunteers a re ad ded a s add itional insure ds as respects operations an d a ctivities of, o r on behalf of th e named i nsured, performed under this contract with the City of Visalia.”

J. PUBLIC CONVENIENCE AND SAFETY
The contractor shall at all times so conduct his work as to insure the protection of persons and property in a manner satisfactory to the City. The contractor agrees that he shall maintain the work site and adjacent areas thereto, including all rights-of-way, in a reasonable, secure, and safe manner during the course of work.

Traffic and Ac cess. The contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic, vehicular and pedestrian, and inconvenience to the general public and the residents in the vicinity. The contractor shall notify the occupants of all affected propert ies at least forty-eight (48) hours prior to any temporary obstruction of access. No overnight closure of any driveway will be allowed except as perm itted by the owner. When working in City Right o f Way, the Contractor shall comply with 230

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the California De partment of T ransportation, Manual of Unif orm Traffic C ontrol D evices that specifies safety procedures that protect the Contractor’s employees and the driving public.

Street Closures and Detours . Street closures will not be a llowed except as specificall y permitted by the City and the pro per gov ernmental aut hority. The contractor shall prepare any traffic contr ol or detour plans that may be required as directed by the City of Visalia.

K. SAFETY ORDERS
The contractor shall comply with the provisions of any ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection. Fire hydrants on or adjacent to the work shall be kept accessible to firefighting equipment at all times.

Contractor shall agree that all material delivered and service s ren dered under thi s bid co mplies, as applicable, wi th th e Occupational Sa fety and He alth Act of 197 0 (or latest r evisions), including all applicable amendments t hereof, the State of California Industrial Safety Act , and regulations issued thereunder and the Williams-Steiger Federal Occupational Safe ty and Health Act, and certif ies that al l items furnished under this bid will conform and comply with the indemnification and hold harmless clause for all damages assessed aga inst Buyer as a result of contractor’s failure to compl y with the Act and the standards issued thereunder and for the failure of the items furnished under this Order to so comply. This guarantee is in addition to, and not intended as a limitation on, any other warranty, expressed or implied.

In case of confl icts between Federal, State, and local safety and health requirements, the most stringent shall apply. Failure to comply with the requirements of this section and related s ections may result in suspension of work.

L. HAZARDOUS WASTE
Contractor shall notify the project manager immediately if any hazardous materials are found on site.

M. DUST ABATEMENT
The contractor shall furni sh all labor, equipmen t, and means re quired and shal l carry out effective measures wherever and as often as necessary to prevent his op eration from producing dust in amounts damaging to property, cultivated vegetation, or domestic animals or causing a nuisance to persons living or occupying buildings in the vicinity. The contractor shall be respo nsible for any damage resulting from any d ust originating from his o perations. The dust abatemen t measures shall be continued u ntil the contractor is rel ieved of further responsibility by th e project manager. No s eparate payment will be allowed for dust abatement measures and all costs thereof shall be included in the va rious prices named in the bid sheet for completion of the work.

N. NOISE LEVELS
Contractor shall comply with the City of Visalia’s Municipal Code, Title 8 Health and Safety, Ch apter 8.36 Noise. The City of Visalia Municipal Code can be found at http://www.visaliapurchasing.org.

O. PERSONNEL PROTECTIVE EQUIPMENT
Meet requirem ents of NIO SH (National Instit ute for Occupational Safety and Health), and SHA (Mi ning Safety and Health Act of 1 977), wh ere applicable, as well a s ANS I (American Natio nal Standa rds Institute.)

P. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any t ime to require performance by the contractor of any provi sions hereof shall in no way affect the right of the Ci ty thereafter to enforce t he same. No r shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succ eeding breach of such provision or as a waiver of any provision itself.

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Q. COMPLIANCE WITH LAWS
Contractor shall, in the performance of work under this contract, fully c omply with all applicable Federal, State or Local laws, r ules regul ations or ordinances a nd sh all h old t he Ci ty harmle ss from any liability resulting from failure of such compliance.

R. VENUE
Any contract resulting from this soli citation shall be governed by , and con strued in accordance with, the laws of the State of California. Venue for any l itigation arising out of the contract will be vested in T ulare County, California.

S. FIREARMS
Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia p remises without th e expressed written ap proval of a Cit y of Visalia D epartment Head, or an exemption in the c ontract. If a contract or/vendor/consultant is caught ca rrying a gun, without Cit y permission, their contract will be terminated.

T. EXECUTIVE ORDER N-6-22 – Russia San ctions Russia Sanction s On Marc h 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions agai nst Russia and Russian entitie s and individuals. “Economic Sanctions” refers to sanctions im posed by the U.S. government in response to Russia ’s action s in Ukraine, as well as any sanc tions imposed under state law. The EO directs state agencies to terminat e contracts with, and to refra in from entering any new contracts with, individuals or entiti es that are determined to be a target of Economic Sanctions.

Accordingly, should the State d etermine Contr actor is a ta rget of Economic Sanctions or is conducting prohibited transactions with sa nctioned individuals or entities, that shall be grounds for te rmination of this agreement. The State shall provi de Contra ctor advance written notice of su ch termination , a llowing Contractor at least 30 calendar days to provide a written response. Terminati on shall be at the sole discretion of the State.

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Name of Bidding Agency:____________________

EXHIBIT ‘A’ BID FORM

CITY OF VISALIA, CA
RFB-22-23-09, LANDSCAPE MAINTENANCE OF QUADRANT I

In compliance with the City’s Notice Inviting Seal ed Bids No. 22-23-09 dated: _____ _____, t he undersigned BIDDER hereby p roposes to furnish all material s, equipment, tools, labor , appurtenances, and inc identals required to perform Landscape Maintenance Service as set forth in accordance with the specifications, terms and conditions of RFB-22-23-09 including all Exhibits and related contract d ocuments there fore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work sites, Instructions to BIDDERs, Scope of Work and all contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

BIDDER understands that a bid is re quired for the entire work and that final co mpensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that prices bid include all labor, materials, equipme nt, transportation, fuel, tools, appurtenant expenses, taxes, permits, licenses, royalties, fees and all costs asso ciated with p erforming the work described in the bidding documents including all exhibits and attachments.

BIDDER hereby a grees to execute a contract a nd provide insurance and a performance bond within ten (10) working days, or such further time as may be allowed in writing by th e Purchasing Division, afte r receiving notification o f th e a cceptance o f this Bid, and it is he reby mutua lly understo od and a greed that in ca se the BIDDER does not, the accompanying Bid Guarantee shall be for feited to the Ci ty of Visalia as l iquidated damages, and said Purchasing Division may proceed to award the contract to others.

BIDDER agrees to abid e by all requirements of the Department of In dustrial Re lations (DIR) applicable to this public works contract and specified in the City of V isalia Labor C ompliance Manual, including but not limited to assuring valid DIR registration numbers f or all Contractors and Subcontractors performing work unde r thi s contract, payment of state prevailing wages, and uploading weekly certified payrolls to the Labor Commissioner.

BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, p articipated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.

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

The City will determine the lowest bidder by the Lowest Total Bid Amount for Level A Service.

Award will be to the lowest bidder who se bid is deemed both responsive and responsible and meets all cr iteria required. The City reserves the right to award the contract at a service level deemed appropriate for the areas in the Quadrant. The resulting contract award may be one of the following:
• All areas of the Quadrant at Level A;
• All areas of the Quadrant at Level B;
• All areas of the Quadrant at Level C; or
• A combination of Service Levels deemed appropriate for each area of the Quadrant

Once awarded, the C ity rese rves the right to increase or decrease the Level of Service in any area (s) of the Quadrant, through a contract amendment, according to the Contractor ’s bid pricin g. The City also reserves the right to add or delete areas from this contract if neede d. Any added or deleted areas will cause a pri ce adjustment to contract. Price adjustments will be based on the Contractor’s unit price for the Level of Service being provided to 233

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Name of Bidding Agency:_______________________

the specific area. Any new areas th at may be added shall be maintain ed to th e same standards required by the specifications of the Service Level for that specific area.

BIDDER has read and hereby agrees to the conditions stated in this proposal b y affixing his/her signature on the Bid Form
All bids will be checked for accuracy. In the case of discrepancy in amounts bid, the unit cost shall prevail as basis for award.

LANDSCAPE MAINTENANCE OF QUADRANT I, PER SPECIFICATIONS OF RFB-22-23-09

Level A Service
Service once per week
(52 times annually)
Quantity
(Sq. Footage)

X
Unit Cost
(Monthly)

=
Monthly Price
Turf (including irrigation maintenance) 110,288 sq. ft.

X

$________/sq. ft.

= $_____________
Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 231,538 sq. ft.

X $________/sq. ft.

= $_____________
Total Monthly for Level A Service $_____________

Level B Service
Service at two-week intervals
(26 times annually)
Quantity
(Sq. Footage)

X
Unit Cost
(Monthly)

=
Monthly Price
Turf (including irrigation maintenance) 110,288 sq. ft.

X

$________/sq. ft.

= $_____________
Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 231,538 sq. ft.

X $________/sq. ft.

= $_____________
Total Monthly for Level B Service $_____________

Level C Service
Service once per month
(12 times annually)
Quantity
(Sq. Footage)

X
Unit Cost
(Monthly)

=
Monthly Price
Turf (including irrigation maintenance) 110,288 sq. ft.

X

$________/sq. ft.

= $_____________
Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 231,538 sq. ft.

X $________/sq. ft.

= $_____________
Total Monthly for Level C Service $_____________

Alternate Bid Item: Contractor’s Hourly Rate
Applicable only to major repairs or Extra Work as authorized by Project Manager.

$__________per hour

_______________________________________________________________________________________________________________ Bidding Company’s Name Business Address City State Zip

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Name of Bidding Agency:_______________________

______________________________________________________________________________________________________________ Authorized Signature Date Printed Name of Person Authorized to sign

________________________________________________________________________________________ Telephone No. Fax No. Email Address

CITY OF VISALIA BUSINESS TAX CERTIFICATE NO: ____________________________ (A City Business License is not required to submit a bid; however, vendor is required to obtain a City Business License prior to commencement of work or if v endor is presently transacting business wit hin t he City of Visalia regardless of wh ether the business address is actually located within the City. Co ntact the Business License Division for clarification of questi ons at 559-713-4326

FEDERAL TAX I.D. NO: __________________________________

BIDDING CONTRACTOR’S D.I.R. REGISTRATION #__________________________________

BIDDER HAS SUBMITTED THE FOLLOWING WITH BID:

10% Bid Guarantee Bond Yes______ No________

Pesticide Applicator’s License (QAL) Category “B” Yes____ No________ Valid Maintenance Gardener Pest Control Business License Yes______ No________

If B idder is s ubcontracting this w ork to any entity holding a Pestic ide App licator’s Licen se (QAL cat egory B) and a valid Maintenance Gardener Pest Control Business License. Bidder must properly identify all Subcontractors on the Subcontractor Listing Form submitted at time of bid. All Subcontractors must be DIR Registered and maintain registration in order to perform work under this contract.

Failure to submit the above REQUIRED items may result in disqualification of bid.

DDEESSIIGGNNAATTIIOONN OOFF SSUURREETTIIEESS

The following are th e names, addresses, and telephone numbers for all bro kers and sureties from whom bidder intends to procure insurance, i.e., describe your insurance coverage, including the name of your carrier.

Company Name Address Tel. No. Contact

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

235

BID NO. 22-23-09

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT I
41 of 57

Name of Bidding Agency:_______________________

RREEFFEERREENNCCEESS
Bidder is to list three (3) accounts as references, complete with locations, that Bidder has maintained for at least three (3) years and are similar in size and characteristics to those listed in this RFB.

1. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract

___________________________________________________________________________________________ Description and Location of area(s) maintained.

2. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract

___________________________________________________________________________________________ Description and Location of area(s) maintained.

3. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract

___________________________________________________________________________________________ Description and Location of area(s) maintained.

SSUUBBCCOONNTTRRAACCTTOORRSS
Pursuant t o the prov isions of Sections 4100 to 4113 inclusive of t he Public Cont ract Code of the Sta te of California, the un dersigned hereby designates below for the project, o pposite various portions o f the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in exc ess of o ne-half of o ne per cent (1/2 of 1%) o f the of the total bid. Al l wor k not listed below s hall be performed by the undersigned bidder. It is understood that the bidder, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herei n desi gnated without the consent of the City and th e approval of the project manager. If additional space is needed, please attach on a separate sheet of paper.

1. _____________________________________________________________________________________ Name Address Email

______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #