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
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
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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
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
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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
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
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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
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
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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.
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
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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.
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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.
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
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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.
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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.
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
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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.
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
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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
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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.
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
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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
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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
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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
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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
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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.
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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
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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
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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)
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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.
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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.
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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
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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.
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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
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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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ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
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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
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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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ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
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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
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
39 of 57
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
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
40 of 57
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
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
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 #
2. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #
3. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
42 of 57
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):
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
43 of 57
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):
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
44 of 57
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.
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
45 of 57
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.
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
46 of 57
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):
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
47 of 57
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):
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
48 of 57
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 __________________________________________________________
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
49 of 57
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.
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
50 of 57
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.
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
51 of 57
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.
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
52 of 57
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
BID NO. 22-23-03
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT B
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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.
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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