Agenda packet — Visalia City Council, September 18, 2023 (part 1 of 2)

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
City Council
Meeting Agenda - Final
Mayor Brian Poochigian
Vice Mayor Brett Taylor
Council Member Emmanuel Hernandez Soto
Council Member Steve Nelsen
Council Member Liz Wynn
City Council Chambers7:00 PMMonday, September 18, 2023

ROLL CALL
CALL TO ORDER WORK SESSION - START TIME: 5:30 PM

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

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

WORK SESSION AND ACTION ITEMS (as described)

1. Receive a report and presentation from the Tulare County Economic Development Corporation (TCEDC) and approve
continued membership in TCEDC for FY 2023/24 for $60,000 and appropriate $10,000 from General Fund to Economic Development Division budget.
23-0318
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

ITEMS OF INTEREST

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1 City Council Meeting Agenda - Final September 18, 2023

SPECIAL PRESENTATION / RECOGNITION

1. Jennah "The Gem" Creason - International Brandenburg Cup Gold Medal Winner
23-0357

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

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

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

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

1. Authorization to read ordinances by title only. 23-0045

2. Authorize the City Manager to award the construction contract for FY 22-23 Measure N Street Rehab - County Center from Houston Ave to Riggin Ave (RFB 22-23-62), to Avison Construction of Madera, CA. in the amount of $1,909,122 and appropriate $254,900 from Gas Tax Fund (111) (CIP
1410-72000/CP0599-999).
23-0124

3. Authorization to submit and accept two grant applications to the California Department of Transportation to fund the Regional Transit Green Line Call Center in the amount of $ 147,393 and Travel Training in the amount of $ 60,000 for the total amount of $207,393. Section 5310 (Resolution No. 2023-44 required). 23-0304

4. Authorization to award two contracts; one in the amount of $135,737 to Mohawk Lifts LLC, the manufacturer, for the purchase of a Vertical Rise Drive-On Lift and a second contract in the amount of $12,845 to Midstate Automotive Equipment Company, the distributor, for the installation of the lift. Further, approve the appropriation of $150,000.00 from the Transit Fund.
23-0329

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2 City Council Meeting Agenda - Final September 18, 2023

5. Authorize the City Manager to utilize Sourcewell Contract No 080521-PBL to purchase one ( 1) PB Loader Model 500-PT 500G Emulsion Trailer from PB Loader Corporation of Fresno, Ca for use in the Street Maintenance division at a cost of $112,706.54. 23-0349

6. Authorize City Manager to execute a new annual sole source contract for service, repair and parts with Peterbilt trucks/Cummins engines with E.M. Tharp dba Golden State Peterbilt, not to exceed $150,000 annually. This is a one-year contract with four one-year renewals.
23-0350

7. Authorize the City Manager to Award RFB 22-23-02 annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant A to JC’s Land Management, Inc., of Kingsburg, CA, for an annual not to exceed amount of $25,960. 23-0352

8. Authorize the City Manager to execute a Measure R Supplemental Agreement with the Tulare County Transportation Authority (TCTA), and appropriate $3,000,000 from the Measure R Regional Fund (133) and $3,075,000 from the Transportation Impact Fee Fund (241) in order to fund the Riggin Avenue Widening from Roeben to Akers Project.
23-0355

REGULAR ITEMS AND PUBLIC HEARINGS
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.

1. Consider property owner request to revoke the approved Oak Tree Removal Permit #23-19 to remove a Valley Oak tree located at APN:
000-015-509 based on the City’s Arborist’s Tree Risk Assessment and applying the assessment/evaluation to the removal standards outlined in the City of Visalia’s Oak Tree Ordinance No. 12.24.035. 23-0347

2. Public Hearing to modify improvements in Landscape and Lighting Assessment District No. 16-01 "Di Mello Toscana" and levy the annual assessments for Assessment District 16-01; APN:
077-720-002 (Resolution Nos. 2023-46 and 2023-47 required). 23-0351

3. Public Hearing and approval of the 2022/23 Program Year Consolidated Annual Performance and Evaluation Report (CAPER) and Resolution No. 2023-45.
23-0291

4. Public Hearing to approve and adopt the Program Year (PY) 2023/24 Annual Action Plan Amendment for the U.S. Department of Housing and Urban Development (HUD) Community
Development Block Grant (CDBG) activities and projects. 23-0303

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3 City Council Meeting Agenda - Final September 18, 2023

5. Receive a presentation regarding the proposed improvements to the Valley Oaks Golf Course and perform the first reading and adoption of Ordinance 2023-09 approving Amendment # 1 to the 2018 Lease Agreement with CourseCo, Inc.
23-0341
CLOSED SESSION REPORT - None

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

1. UPCOMING CITY COUNCIL MEETINGS
Monday, October 02, 2023 @ 7:00 p.m. at 707 W. Acequia
Monday, October 16, 2023 @ 7:00 p.m. at 707 W. Acequia

If you have a disability and require a reasonable accommodation to fully participate in the meeting, please contact Michelle Nicholson, on or before Monday, September 18, 2023 to discuss your accessibility needs: 559-713-4512 or
[email protected]
<mailto:[email protected]>
23-0227

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4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0318 Agenda Date: 9/18/2023 Agenda #: 1.

Agenda Item Wording:

Receive a report and presentation from the Tulare County Economic Development Corporation (TCEDC) and approve continued membership in TCEDC for FY 2023/24 for $60,000 and appropriate $10,000 from General Fund to Economic Development Division budget.

Deadline for Action: N/A
Submitting Department: Community Development
Contact Name and Phone Number:

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

Approve continued membership in Tulare County Economic Development Corporation (TCEDC) for FY 2023/24 for $60,000 and appropriate $10,000 from General Fund to Economic Development Division budget as prior budgeted amount was $50,000.

Summary:

Staff’srecommendation to support continued membership for FY 23/24 at the increased level is in part due to TCEDC’stransition to GIS Webtech as the vendor for an enhanced real estate database.

Utilizing GIS Webtech will come at an increased cost to TCEDC but will allow for a more robust site selection tool as it will incorporate the City’slocal GIS layers, such as zoning, general plan land use, urban development boundaries, local infrastructure locations, circulation element and other ESRI based layers with other economic development partners. With more information incorporated into the real estate database itself, TCEDC will make the site selection process more efficient for prospects and save both TCEDC and city staff time on initial inquiries.

Additionally, there has not been a CPI increase or inflationary adjustment to the membership amount for the past three fiscal years, so a portion of the $10,000 increase is understandable from that perspective as well. The City’scontribution has been $50,000 annually since FY 20/21. In past years, the City’scontribution was $84,440 in FY 19/20, $92,440 in FY 18/19 and FY 17/18, $165,593 in FY 16/17 and FY 15/16.

Over the course of this fiscal year, staff will also prioritize working with the TCEDC and stakeholders to assist in implementing a more sustainable operating budget and corresponding work plan for future years. While quality of customer service and transparency has improved, and many budget reductions have been implemented, TCEDC’sreserve fund, which has been utilized to balance the organization’sbudget, is rapidly depleting. In FY 20/21, when public sector membership levels were lowered, it was thought the budget could be balanced through operational budget cuts and increased private sector memberships. As mentioned above, numerous budget cuts have been made and private sector membership growth is not occurring at the rate envisioned. There is a private sector membership drive initiated that could yield a sharp increase in private sector revenue, but staff’s assessment is that short of necessary revenue increases, the reserve fund could continue to be Visalia City Council Printed on 9/15/2023Page 1 of 3
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5 File #: 23-0318 Agenda Date: 9/18/2023 Agenda #: 1.
assessment is that short of necessary revenue increases, the reserve fund could continue to be depleted which may necessitate more drastic cuts to the operating budget, or a new service alternative. If a more sustainable operating budget, or increased revenues do not appear likely for FY 24/25, staff will present an alternative service plan to the City Council for consideration with the FY 24/25 TCEDC membership option.

Background Discussion:

At the August 7th City Council meeting, Council requested that TCEDC and staff come back to the August 21st City Council meeting for a presentation of TCEDC activity as a work session item for further discussion before taking action. Attached is the TCEDC activity presentation that will be reviewed in further detail during the work session discussion.

Fiscal Impact:

An additional $10,000 will need to be appropriated from the General Fund to the Economic Development Division budget for membership at this level. $50,000 has already been approved in the existing budget.

Prior Council Action:
· 8.7.23 - tabled consent item for August 21st work session presentation of TCEDC activity. · 4.17.23 - Approved FY 23/24 membership in TCEDC for $50,000.

Other: N/A
Alternatives:

Do not approve the membership increase and remain at prior approved budgeted amount of $50,000 for FY 23/24 TCEDC membership.

Recommended Motion (and Alternative Motions if expected):

I move to approve continued membership in the Tulare County Economic Development Corporation for FY 2023/24 for $60,000 and appropriate $10,000 from General Fund to Economic Development Division budget.

Environmental Assessment Status:

The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(3) since the activity in question is not a “project”as defined in CEQA Guidelines Section 15378, it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Furthermore, even if the resolution were to be determined to be a project, the resolution is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) since there is no reasonable possibility that the resolution or its implementation would have a significant effect on the environment.

N/A
CEQA Review:

The requested action is not a “project” under CEQA.

Attachments:

1. TCEDC letter

2. TCEDC presentation
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6 File #: 23-0318 Agenda Date: 9/18/2023 Agenda #: 1.

Visalia City Council Printed on 9/15/2023Page 3 of 3
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7 July 10, 2023
Leslie Caviglia
City Manager
City of Visalia
220 N. Santa Fe Street
Visalia, CA 93292
Subject: Increase in Membership Dues for Fiscal Year 2023-2024 Dear Leslie,
I
hope this letter finds you well. As a valued member of Tulare County EDC, we wanted to inform you of an important update regarding the membership dues for the upcoming fiscal year 2023-2024.

Over the past years, Tulare County EDC has worked diligently to provide exceptional services and resources to all our members. We have consistently strived to improve the quality of our offerings, enhance business location opportunities, and facilitate the growth and success of Tulare County.

In order to sustain and enhance the level of services we provide, it has become necessary to revise our membership dues. After careful consideration and analysis of our operational costs, we have determined that an increase in membership dues is essential to meet our financial obligations and continue delivering valuable resources to our members.

Effective from the start of the new fiscal year on July 1, 2023, the membership dues for all existing and new members will increase. This increase will enable us to invest in improved site selection software, expand our outreach initiatives, and offer an even greater range of benefits to our members.

We understand that any adjustment in dues may impact your organization's budgeting and resource allocation. We believe that the value and advantages gained from being part of our organization will outweigh the increased dues and contribute significantly to the growth and development of your jurisdiction.

We remain committed to maintaining transparency and open communication with our members.

If you have any questions or concerns regarding the revised membership dues, we encourage you to reach out to our Board Chairman, Brian Poochigian or President/CEO Airica de Oliveira. We are here to address any queries and provide any necessary assistance to ensure a smooth transition during this period.
8 We greatly appreciate your continued support and membership with Tulare County EDC. Your participation and contributions are invaluable in shaping our region and fostering its progress.

We look forward to a prosperous and productive fiscal year ahead, and we are confident that together we can achieve remarkable results.

Thank you for your attention to this matter. We appreciate your prompt attention to the revised membership dues and eagerly anticipate your continued partnership.

Yours
sincerely,
Bri
an Poochigian Airica de Oliveira
Board of Directors, Chair President & CEO
Tulare County EDC Tulare County EDC
9 FY 22-23

YEAR END REPORT
10 24/7 Commercial Real
Estate Database
Primary Marketing Entity
for Tulare County
Recruit Targeted
Industries

ABOUT US KEY ACTIVITIES
Non-Profit 501(c)4
Led by a 26 member Board
of Directors
Our Vision: To be the
premier location in California
to live, work, learn, and play.

OUR GOALSOUR GOALS
Maximize
opportunities for
economic growth and
job creation
Create a globally
competitive
environment for
businesses
Maintain a high performance,
nationally acclaimed
economic
development organization.
11 Manufacturing BioTechnology Food & Beverage

TOP INDUSTRIES, BASED ON LEADSTOP INDUSTRIES, BASED ON LEADS

END OF YEAR ACTIVITY
43 Project Leads
17 Data Assists
70%
EDC Exclusive
39 Site Selector
Missions
20 Legislative
Meetings
12 13

LEADS BY SOURCE
14 CITY OF VISALIA METRICS
39 sites submitted across 17 projects
16 out of 43 projects were N/A to the City of Visalia (13 assists, 3 looking outside of City limits)
City of Visalia staff is responsive to 100% of applicable projects Visalia was shortlisted on 3 projects
One assist project was Visalia generated; seeking regional incentive information
15 FY 23-24 WORKPLAN & NEW SERVICES
Expand Real Estate & Demographic Database:

GIS Webtech, 3D Spec Building Technology, ESRI-based Demographics, Zoning and Utility layers
Expand Retail/Commercial Opportunities:

Team California Membership
Restoring and Emphasizing Core Economic Development Activities:

Economic Impact Reporting Software
(2024-2029) CEDS Report
Energizing & Increasing Private Sector/Partner and Regional Legislator Support and Involvement
Direct Memberships, Sponsorships, & Committee Service
Goal of $140,000 in Private Partner Pledges
(4) Recruitment Events
Public Sector Event Sponsorship Credit
16 FY 23-24 WORKPLAN & NEW SERVICES CONT'D
Marketing Consulting Services:

Global Site Location Industries, (GSLI)
Regional Digital Campaign
Regional SWOT Analysis (CEDS)
Lead Generation & Exposure
Regional CERF Representation
Madera, Fresno, Tulare, Kings Counties

*New services value, approx. $60,000

17 EVENTS, MISSIONS, & TRADE SHOWSWORLD AG EXPO 2023 WESTPACK 2023

SITE SELECTOR, BROKER, & LEGISLATIVE MISSIONS
18 Dr. Christopher Thornberg
Beacon Economics, LLC.
2023 SEQUOIA REGIONAL

ECONOMIC SUMMIT

THANK YOU TO OUR SPONSORS
19 WELCOME HOME TULARE COUNTY
SCAN ME!
20 THANK YOU
FOR YOUR SUPPORT!

www.tularecountyedc.comwww.linkedin.com/tcedc(559) 625-3100 21

22 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0357 Agenda Date: 9/18/2023 Agenda #: 1.

Agenda Item Wording:

Jennah "The Gem" Creason - International Brandenburg Cup Gold Medal Winner Visalia City Council Printed on 9/15/2023Page 1 of 1
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23 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0045 Agenda Date: 9/18/2023 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Printed on 9/15/2023Page 1 of 1
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24 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0124 Agenda Date: 9/18/2023 Agenda #: 2.

Agenda Item Wording:

Authorize the City Manager to award the construction contract for FY 22-23 Measure N Street Rehab - County Center from Houston Ave to Riggin Ave (RFB 22-23-62), to Avison Construction of Madera, CA. in the amount of $1,909,122 and appropriate $254,900 from Gas Tax Fund (111) (CIP 1410- 72000/CP0599-999).

Deadline for Action: None.

Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Chantha Chap, Civil Engineer, [email protected], 713-4418 Diego Corvera, Civil Engineer, [email protected], 713-4209 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:

Staff recommends that City Council authorize the City Manager to award the construction contract for FY 22- 23 Measure N Street Rehab - County Center (RFB 22-23-62), to Avison Construction in the amount of $1,909,122 and appropriate $254,900 from Gas Tax Fund (111) to cover the cost for the components associated with the implementation of a Class IV bike lane .

Summary:

Approximately 1.0 mile of roadway will be rehabilitated with this project. The roadwork consists of grinding the center turn lane and both travel lanes to a depth of 3”followed by full depth replace of 3”hot mix asphalt. The rehabilitation also includes 12-foot edge grind with a 3”overlay the entire width of the roadway with a paving mat. Some existing curb ramps will also be upgraded to meet current American with Disabilities Act (ADA) requirements. This project adds significant life (approximately 15 years) to this street segment with this rehabilitation treatment and is of great benefit to the City.

In addition to the rehabilitation work, the project will replace the existing Class II bike lanes with a Class IV bike facility that will include enhanced bike lane infrastructure with protected intersection elements at all intersections along the corridor omitting the intersections of Riggin Ave and Houston Ave along the County Center Street corridor. This concept was previously presented and approved by Council during the work session meeting on November 7, 2022. Additional background and bicycle facility information can be found in the report.

Public notifications will be provided prior to construction and work will be scheduled to have the least inconvenience to the traveling public. In particular, construction is scheduled to start in the middle of October 2023 when the Riggin Avenue Widening project from Akers to Demaree is anticipated to be completed in a coordinated effort to reduce the amount of construction activity occurring at the same time. In addition, Staff will be coordinating with impacted schools in the areas to keep school officials informed of the construction Visalia City Council Printed on 9/15/2023Page 1 of 4
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25 File #: 23-0124 Agenda Date: 9/18/2023 Agenda #: 2.
activities.

Bidding Process:

The standard city bid process was conducted, and on August 31, 2023, City staff opened four (4) bids submitted for the project. Per the construction contract documents, the apparent low bid contractor selection was established by the lowest total of the Base Bid. The results are summarized below, listed in order from lowest to highest bid.

No. Contractor Location Base Bid

1. Avison Construction Madera, CA $1,909,122.00

2. Agee Construction Clovis, CA $1,932,926.50

3. Cal Valley Construction Fresno, CA $2,035,239.50

4. Granite Construction Fresno, CA $2,134,630.50
Avison Construction submitted the lowest responsive Bid, and it is staff’srecommendation they be awarded the contract. Avison Construction recently completed a road extension project on Veteran’sBoulevard for the City of Fresno and the project manager indicated that they were easy to work with, had good communication, change orders were fair and reasonable, and performed quality work.

Background Discussion:

The City of Visalia is currently maintaining a street network of approximately 519 centerline miles of roadway and nearly 100 million square feet of pavement. In an effort to appropriately direct maintenance activities and optimize the use of the limited maintenance funds available, Staff incorporated a Pavement Management Program (PMP) eight years ago, following the lead of other similarly sized California municipalities.

The projects that were constructed in the last eight years and those being awarded now will help to increase the City’soverall pavement condition index (PCI). PCI is a numerical index between 0 to 100, with 0 indicating very poor pavement condition and 100 to indicate excellent pavement condition. The higher the PCI, the better condition the road is in. Roads with a higher PCI have little to no visual stresses in the pavement such as cracks, rutting, or pot holes, and generally are smoother to drive on which results in less wear and tear on vehicles. Higher PCI also makes the road safer for the traveling public.

In our efforts to continue to fulfill the implementation and goals of our Active Transportation Plan, Complete Streets, and address Vehicle Miles Travel (VMT) reduction, this project presents an excellent opportunity to enhance the existing bicycle facility, save money on the project and embody a multi-modal corridor that can be appropriate for all ages and abilities.

The adopted City of Visalia Active Transportation Plan (ATP) list the following goals:

1. Increase the proportion of trips accomplished by biking and walking

2. Increase safety and mobility for non-motorized users.

3. Enhance public health, including reduction of childhood obesity through the use of programs including, but not limited to, projects eligible for Safe Routes to School program funding.

This project goes beyond the minimum designation for this corridor identified in the ATP plan to further support the listed goals of the plan. The ATP plan will undergo an update in the coming years, and maintenance project such as this, offer opportunities in the interim to evaluate, on a project-by-project basis, enhancements Visalia City Council Printed on 9/15/2023Page 2 of 4
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26 File #: 23-0124 Agenda Date: 9/18/2023 Agenda #: 2.
project such as this, offer opportunities in the interim to evaluate, on a project-by-project basis, enhancements to improve bicycle lanes consistent with the goals in the ATP plan.

Bicycle Route Classifications:

Class I - is separated from a motorized roadway and can be found most typically along water courses or old railroad alignments. These routes are often multi-use paths allowing for pedestrian and bicycle travel to mix.

Class II - is an on street striped bike lane adjacent to vehicle travel lanes with no enhance protection or separation.

Class III - is designated by on street markings and/or signage that the street is to be shared by bicycles and vehicular traffic. Dedicated bike lanes of any type are not included in this classification.

Class IV -is an exclusive bike lane that is adjacent a motorized roadway with some form of physical protection and a degree of separation for the bike lane from vehicle travel lanes. The protection can be delineators, concrete medians, speed humps, parked cars, or other forms of physical protection. Separation can be a striped buffer zone at street level or vertical separation in the form of an elevated path adjacent sidewalk or parkway.

Fiscal Impact:

This project is currently funded using Measure N funds with a total project budget of $2,246,950 (CP0599). Following is a summary of the budget and estimated project costs:

Budget Summary: FY 22-23 Street Rehab - County Center, CP0599 Project Budget:

Measure N Funds (Fund 141) $2,246,950
Gas Tax (Fund 111) - Appropriation Request* $ 254,900 Total Project Budget $2,501,850
Estimated Project Costs:

Design Cost (Staff Time) $ 50,000
Construction Cost $1,909,122
Construction Contingency (10%) $ 190,912
Construction Management, Inspection & Testing $ 150,000 Total Project Cost $2,300,034
*An appropriation from the Gas Tax Fund (111) in the amount of $254,900 is needed to fund the components related to the Class IV bike lanes such as the green paint, delineators, and the cost difference in additional striping from the original construction cost estimate.

These items are considered new improvements and the Measure N fund is not eligible to fund such associated costs.

Prior Council Action:

November 7th, 2022
Staff presentation received on the proposed Bicycle Lane Enhancement as part of the County Center Drive Rehabilitation Project.

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27 File #: 23-0124 Agenda Date: 9/18/2023 Agenda #: 2.

Alternatives:

None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award the construction contract for FY 22-23 Measure N Street Rehab - County Center (RFB 22-23-62), to Avison Construction in the amount of $1,909,122 and appropriate $254,900 from the Gas Tax Fund (111).

Environmental Assessment Status:

CEQA Review: Categorical Exemption, Class 1, Section 15301c Attachments:
1) Location Map
2) Contractor Disclosure Form
3) Bid Summary
Visalia City Council Printed on 9/15/2023Page 4 of 4
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28 W Riggin Ave
N County Center St W Houston Ave
W Ferguson Ave
W Lark Ave
W Modoc Ave
N Ranch St
N W
oodland St
W Perez Ave
W Cecil Ave
W Sweet Ave
W Robin Ave
N Vickie St
W Wren Ave
W Stewart Ave
W Vine Ave
W Oriole Ave
N Crowe St
N Duke St
W Elowin Ave
W Delta Ave
N Shady St
N Leila St
W Sunnyview Ave
W Buena Vista Ave
N M
endonca St
N W
ellsley St
N Vickie Ct
W Clinton Ave
W Prospect Ave
W Oakridge Ave
N University St
N Sallee St
N Sallee Ct
W Elowin Ct
W Babcock Ave
W Delaware Ct
N Carson Ct
W Harold CtW Harold Ave
N Shady Ct
W Ceres Ct
N W
oodland Ct
W Clinton Ct
W Cecil Ct
W Modoc Ct
W Ceres Ave
W Vine Ct
W Sweet Ct
N Duke Ct
W Delta Ct
N Terrace St
N Crowe Ct
W Perez Ct
N Zachary St
N M
endonca Ct
W Sunnyview Ct
N Terrace Ct
N Ranch Ct
N
Linda Vista Ct
N Verde Vista Ct
N Sallee Ct
N
W
ellsley St
W Harold Ave
W Vine Ave
W Wren Ave
N Sallee Ct
N Sallee St
W Oriole Ave
N Vickie St
W Buena Vista Ave
W Sweet Ave
W Babcock Ave
W Delaware Ct
W Oakridge Ave
N Zachary St
W Delta Ave
W Wren Ave
W Babcock Ave
W Clinton Ct N Crowe Ct
N University St
N Terra
ce Ct
W Harold CtW Harold Ct
N Terrace St
W Delta Ave
N M
endonca St
W Lark Ave
W Elowin Ave
N Leila St
W Lark Ave
W Wren Ave
W Clinton Ave
W Stewart Ave
N Crowe St
W Elowin Ave
N M
endonca St
W Prospect Ave
N Shady St
N
Leila St
N Zachary
St
MODOC
MODOC
MODOC
Location Map
±
0 460 920 1,380 1,840230
Feet 29
30 City of Visalia - Engineering Division
FY 22-23 Measure N Rehab - County Center
RFB No. 22-23-62 - Bid Summary
No. Items Qty Unit Unit Cost Total Unit Cost Total Unit Cost Total Unit C ost Total 1 Mobilization/Demobilization, including final site clean-up 1 LS $90,000.00 $90,000.00 $80,000.00 $80,000.00 $100,000.00 $100,000.00 $212,000.00 $212,000.00 2 Water Pollution Prevention 1 LS $3,000.00 $3,000.00 $1,400.00 $1,4 00.00 $1,800.00 $1,800.00 $1,500.00 $1,500.00 3 Clearing and Grubbing 1 LS $13,000.00 $13,000.00 $20,000.00 $20,00 0.00 $50,000.00 $50,000.00 $65,000.00 $65,000.00 4 Public Outreach 1 LS $1,500.00 $1,500.00 $1,000.00 $1,000.00 $2,000 .00 $2,000.00 $500.00 $500.00 5 Traffic Control 1 LS $50,000.00 $50,000.00 $105,000.00 $105,000.00 $368,700.00 $368,700.00 $100,000.00 $100,000.00 6 Construction Notification Signs 2 EA $3,500.00 $7,000.00 $1,500.0 0 $3,000.00 $1,300.00 $2,600.00 $1,300.00 $2,600.00 7 Remove Concrete Ramp and Adjoining Sidewalk, Curb and Gutter 1 LS $30,000.00 $30,000.00 $22,000.00 $22,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 8 Lower Existing SS Manhole Below Milling Depth 11 EA $800.00 $8,8 00.00 $500.00 $5,500.00 $1,100.00 $12,100.00 $500.00 $5,500.00 9 Lower Existing SD Manhole Below Milling Depth 12 EA $800.00 $9,6 00.00 $500.00 $6,000.00 $1,100.00 $13,200.00 $500.00 $6,000.00 10 Modify Existing Drain Inlet 4 EA $10,000.00 $40,000.00 $4,000.0 0 $16,000.00 $3,200.00 $12,800.00 $4,000.00 $16,000.00 11 Sin gle Modified ADA Ramp with Detectable Surface and Adjoining 8 EA $7,000.00 $56,000.00 $5,400.00 $43,200.00 $3,765.00 $30,120.00 $ 10,000.00 $80,000.00 12 Double Modified ADA Ram p with Detectable Surface and Adjoining 4 EA $12,000.00 $48,000.00 $9,500.00 $38,000.00 $6,413.00 $25,652.00 $20,000.00 $80,000.00 13 Landsca pe Construction Modification 1 LS $5,000.00 $5,000.00 $3,000.00 $3,00 0.00 $17,500.00 $17,500.00 $3,000.00 $3,000.00 14 Cold Mill to Remove As phalt Concrete 126,270 SF $0.50 $63,135.00 $0.20 $25,254.00 $0.35 $44, 194.50 $0.40 $50,508.00 15 Cold Mill to Remove 3" As phalt Concrete 158,600 SF $0.30 $47,580.00 $0.70 $111,020.00 $0.35 $55,510.00 $0.20 $31 ,720.00 16 Pavin g Mat 325,690 SF $0.30 $97,707.00 $0.25 $81,422.50 $0.20 $65,138.00 $0.2 5 $81,422.50 17 Hot Mix As phalt (Type B, 3/4") for 3" Overlay 3,175 TON $113.00 $358,775.00 $122.00 $387,350.00 $98.00 $311,150.00 $ 110.00 $349,250.00 18 Hot Mix As phalt (Type B, 3/4") for 3" Overlay 6,125 TON $113.00 $692,125.00 $110.00 $673,750.00 $98.00 $600,250.00 $ 110.00 $673,750.00 19 Adjust SS Manhole Covers and Boxes to Finish Grade 11 EA $1,20 0.00 $13,200.00 $1,000.00 $11,000.00 $1,200.00 $13,200.00 $1,200.00 $1 3,200.00 20 Adjust SD Manhole Covers and Boxes to Finish Grade 12 EA $1,20 0.00 $14,400.00 $1,000.00 $12,000.00 $1,200.00 $14,400.00 $1,200.00 $1 4,400.00 21 Signage, Striping and Pavement Markings 1 LS $75,000.00 $75,000 .00 $86,000.00 $86,000.00 $152,000.00 $152,000.00 $131,000.00 $131,00 0.00 22 Raised Pavement Markers 1 LS $5,000.00 $5,000.00 $5,800.00 $5,800 .00 $3,500.00 $3,500.00 $5,800.00 $5,800.00 23 Flexible Delineator Posts 555 EA $200.00 $111,000.00 $206.00 $114, 330.00 $115.00 $63,825.00 $216.00 $119,880.00 24 Green Paint 4,100 SQFT $14.00 $57,400.00 $16.00 $65,600.00 $8.50 $34 ,850.00 $11.00 $45,100.00 25 Rumble Strips 650 LF $10.00 $6,500.00 $18.00 $11,700.00 $15.00 $9,750 .00 $10.00 $6,500.00 26 Survey Monuments 6 EA $900.00 $5,400.00 $600.00 $3,600.00 $1,000.00 $ 6,000.00 $2,500.00 $15,000.00 $1,909,122.00 $1,932,926.50 $2,035,239.50 $2,134,630.50 No. Items Qty Unit Unit Cost Total Unit Cost Total Unit Cost Total Unit C ost Total 1 Mobilization/Demobilization, including final site clean-up 1 LS $90,000.00 $90,000.00 $90,000.00 $90,000.00 $110,000.00 $110,000.00 $235,000.00 $235,000.00 2 Water Pollution Prevention 1 LS $3,000.00 $3,000.00 $4,000.00 $4,0 00.00 $1,800.00 $1,800.00 $1,500.00 $1,500.00 3 Clearing and Grubbing 1 LS $13,000.00 $13,000.00 $62,000.00 $62,00 0.00 $50,000.00 $50,000.00 $65,000.00 $65,000.00 4 Public Outreach 1 LS $1,500.00 $1,500.00 $1,000.00 $1,000.00 $2,000 .00 $2,000.00 $500.00 $500.00 5 Traffic Control 1 LS $46,500.00 $46,500.00 $90,000.00 $90,000.00 $3 36,400.00 $336,400.00 $100,000.00 $100,000.00 6 Construction Notification Signs 2 EA $3,500.00 $7,000.00 $1,500.0 0 $3,000.00 $1,300.00 $2,600.00 $1,300.00 $2,600.00 7 Remove Concrete Ramp and Adjoining Sidewalk, Curb and Gutter 1 LS $30,000.00 $30,000.00 $22,000.00 $22,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 8 Lower Existing SS Manhole Below Milling Depth 11 EA $800.00 $8,8 00.00 $500.00 $5,500.00 $1,100.00 $12,100.00 $500.00 $5,500.00 9 Lower Existing SD Manhole Below Milling Depth 12 EA $800.00 $9,6 00.00 $500.00 $6,000.00 $1,100.00 $13,200.00 $500.00 $6,000.00 10 Modif y Existing Drain Inlet 4 EA $10,000.00 $40,000.00 $4,000.00 $16,000.00 $3,200. 00 $12,800.00 $4,000.00 $16,000.00 11 Single Modified ADA Ramp with Detectable Surface and Adjoinin g S 8 EA $7,000.00 $56,000.00 $5,400.00 $43,200.00 $3,765.00 $30,120. 00 $10,000.00 $80,000.00 12 Double Modified ADA Ram p with Detectable Surface and Adjoining 4 EA $12,000.00 $48,000.00 $9,500.00 $38,000.00 $6,413.00 $25,652.00 $20,000.00 $80,000.00 13 Landscape Construction Modification 1 LS $5,000.00 $5,000.00 $3, 000.00 $3,000.00 $17,500.00 $17,500.00 $3,000.00 $3,000.00 14 Cold Mill to Remove Asphalt Concrete and Aggregate Base 325,69 0 SF $0.40 $130,276.00 $0.50 $162,845.00 $0.40 $130,276.00 $0.30 $97,7 07.00 15 Proof Roll 325,690 SF $0.10 $32,569.00 $0.10 $32,569.00 $0.01 $3,256 .90 $0.25 $81,422.50 16 Paving Mat 325,690 SF $0.30 $97,707.00 $0.25 $81,422.50 $0.20 $65,1 38.00 $0.25 $81,422.50 17 Additional Class 2 AB (If required, 5% assumed) 855 TON $42.00 $3 5,910.00 $59.00 $50,445.00 $42.00 $35,910.00 $30.00 $25,650.00 18 Hot Mix Asphalt (Type B, 3/4") for 6" Overlay 13,030 TON $105. 00 $1,368,150.00 $107.00 $1,394,210.00 $98.00 $1,276,940.00 $105.00 $1 ,368,150.00 19 Adjust SS Manhole Covers and Boxes to Finish Grade 11 EA $1,20 0.00 $13,200.00 $1,000.00 $11,000.00 $1,200.00 $13,200.00 $1,200.00 $1 3,200.00 20 Adjust SD Manhole Covers and Boxes to Finish Grade 12 EA $1,20 0.00 $14,400.00 $1,000.00 $12,000.00 $1,200.00 $14,400.00 $1,200.00 $1 4,400.00 21 Striping and Pavement Markings 1 LS $26,000.00 $26,000.00 $95,00 0.00 $95,000.00 $87,450.00 $87,450.00 $46,000.00 $46,000.00 22 Raised Pavement Markers 1 LS $5,000.00 $5,000.00 $5,800.00 $5,800 .00 $3,500.00 $3,500.00 $4,200.00 $4,200.00 23 Survey Monuments 6 EA $900.00 $5,400.00 $600.00 $3,600.00 $1,000.00 $ 6,000.00 $2,500.00 $15,000.00 $2,087,012.00 $2,232,591.50 $2,275,242.90 $2,367,252.00 $1,909,122.00 $1,932,926.50 $2,035,239.50 $2,134,630.50 $2,087,012.00 $2 ,232,591.50 $2 ,275,242.90 $2 ,367,252.00Base Bid B Total Base Bid A Total
BASE BID A : County Center Street Travel Lane Replacement with Protected Intersection
BASE BID B: County Center Street Full Depth Replacement Avison Construction, Inc.

Madera, CA
Avison Construction, Inc.

Madera, CA

BASE BID A TOTAL

BASE BID B TOTAL
Agee Construction
Clovis, CA
Agee Construction
Clovis, CA
Granite Construction
Fresno, CA
Granite Construction
Fresno, CA
Cal Valley Construction
Fresno, CA
Cal Valley Construction
Fresno, CA
1 of 1 9/5/2023
31 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0304 Agenda Date: 9/18/2023 Agenda #: 3.

Agenda Item Wording:

Authorization to submit and accept two grant applications to the California Department of Transportation to fund the Regional Transit Green Line Call Center in the amount of $147,393 and Travel Training in the amount of $60,000 for the total amount of $207,393. Section 5310 (Resolution No. 2023-44 required).

Deadline for Action: None
Submitting Department: Administration - Transit
Contact Name and Phone Number:

Angelina DeRossett, Transit Manager, [email protected],(559)713-4591 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends City Council authorize the City Manager or designee to submit two grant applications to the California Department of Transportation to fund the Regional Transit Green Line Call Center in the amount of $147,393 and Travel Training in the amount of $60,000 for the total amount of $207,393 and if awarded, accept the grant funding. These are one-year grants that can be used over multiple years. Transit staff is submitting two applications to the same granting agency, which is allowed and has been done in previous applications. Staff anticipates these grants to not fully cover the expenses and the balance will come from other Transit Operational revenue. Section 5310 Resolution No. 2023-44 required.

Background Discussion:

The overall purpose of the City of Visalia’stransit program is to increase mobility opportunities for all citizens of the greater Visalia Urbanized Area, aid in improving air quality in the region, and reduce traffic congestion. The transit programs provide a level of intracity service that meets the needs of the transit dependent in Visalia and provides service to and from important destination points, which encourages transit use as a viable commute alternative.

Visalia Transit serves Visalia, Goshen, Farmersville, Exeter and the Tulare City transit center. There are thirteen fixed standard transit routes, an ADA demand response service, a special youth center route, V-LINE, and five seasonal routes to and within the Sequoia Kings Canyon National Park.

If awarded the grant funds will be used to continue operating the Green Line Call Center and Travel Training programs. Currently there are two full-time staff members dedicated to the call center and one full-time staff member dedicated to the Travel Training program. Public outreach throughout Tulare County has been provided and will continue to be provided to increase awareness and maximize the use of the Green Line Call Center.

This grant opportunity currently does not require a local match as there are Transportation Visalia City Council Printed on 9/15/2023Page 1 of 3
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32 File #: 23-0304 Agenda Date: 9/18/2023 Agenda #: 3.

This grant opportunity currently does not require a local match as there are Transportation Development Credits also known as Toll Credits. Toll credits provide a credit toward a project’slocal share for the funded project. This means the Federal Transit Administration (FTA) will provide 100% of the total grant allocation not to exceed the maximum combined award amount.

Programs:

The Call Center and Travel Training programs will continue to provide increased access to transit information to the general public with specific focus on added time to assist the elderly & disabled bus riders. Both programs are utilized to assist passengers both on the phone via information and in- person for bus rider training. Since inception, there have been an increasing number of calls requesting information about multiple transit services. The intent of these programs is to be a one stop shop for countywide transit questions.

The Green Line Call Center is designed to provide information Countywide regarding all transit systems and how to use them, including how to use multiple systems to reach a destination. The Travel Training program provides outreach in Tulare County for citizens to learn about Transit services. Visalia Transit staff go out into the community to educate citizens about Visalia Transit services and will show them how to use the Public Transportation system.

Prior Year Grant Utilization:

The City of Visalia has been successful in receiving funding for the Green Line Call Center since implementation in 2009 and the Travel Training program implementation in 2016 through fiscal year 2022. The following table depicts the number of calls and events attended per prior fiscal years.

Fiscal Year 2020 2021* 2022 2023
Call Center Calls 19186 9768 11348 9714
Travel Training Events 34 2 7 20
*Drop in calls/events due to COVID
Prior funding, before FY2020, was through the Job Access and Reverse Commute (JARC) and the New Freedom (NF) grant programs. Those programs are no longer available. In fiscal year 2017, Local Transportation funds (LTF) and assistance from the Tulare County Transit providers were used to cover the Green Line Call Center expenses.

The following table shows the breakdown of drawdowns from previous years grant awards for both programs. The amount changes year over year depending on availability within the fund.

Call Center FY2020 FY2021 FY2022 FY2023
Grant Funded $370,591 $175,602 $238,055 $201,852 Expenditure $370,591 $175,602 $238,055 $208,373 Short Fall $0 $0 $0 ($6,521)
Travel Training
Grant Funded $29,475 $85,590 $85,735 $62,907 Expenditure $29,475 $85,590 $98,517 $100,595 Short Fall $0 $0 ($12,782) ($37,688)
Visalia City Council Printed on 9/15/2023Page 2 of 3
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33 File #: 23-0304 Agenda Date: 9/18/2023 Agenda #: 3.

Call Center FY2020 FY2021 FY2022 FY2023
Grant Funded $370,591 $175,602 $238,055 $201,852 Expenditure $370,591 $175,602 $238,055 $208,373 Short Fall $0 $0 $0 ($6,521)
Travel Training
Grant Funded $29,475 $85,590 $85,735 $62,907 Expenditure $29,475 $85,590 $98,517 $100,595 Short Fall $0 $0 ($12,782) ($37,688)
As noted in FY2022 and 2023 a short fall occurred where Transit Operation revenue was used to cover the expenditures. Transit Operation revenue is comprised of Local Transit Funds (LTF), operational grants, fare box revenue, and Measure R Transit funds.

FY2024 Grant Utilization:

The City of Visalia has been informed that the FY2024 grant will provide the City a total of $207,393 this fiscal year for both the Call Center and Travel Training. During the budget process the anticipated expenditures for FY2024 was $265,700. This would produce a short fall of $58,307. Similar to prior years, the short fall would be covered by other Transit Operation revenue.

Fiscal Impact:

No additional fiscal impact other than as explained within this report.

Prior Council Action:

March 20, 2017 - City Council authorized the City Manager to submit a grant application in the amount of $251,000. This is a grant that Transit applies for yearly, but the resolution from 2017 was valid for five years.

Other:

None.

Alternatives:

None recommended.

Recommended Motion (and Alternative Motions if expected):
.recommendation
I move to authorize the City Manager or designee to submit and accept two grant applications to the California Department of Transportation to fund the Regional Transit Green Line Call Center in the amount of $147,393 and Travel Training in the amount of $60,000 for the total amount of $207,393.

Section 5310 (Resolution No. 2023-44 required).

Environmental Assessment Status: None.

CEQA Review:

None required.

Attachments:

Section 5310, Resolution No. 2023-44
Visalia City Council Printed on 9/15/2023Page 3 of 3
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34 RESOLUTION NO. 2023-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA AUTHORIZING THE FEDERAL FUNDING UNDER FTA SECTION 5310 (49 U.S.C. SECTION 5310)

WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION

WHEREAS, the U. S. Department of Transportation is authorized to make grants to states through the Federal Transit Administration to support capital projects for non-urbanized public transportation systems under Section 5310 of the Federal Transit Act (FTA C 9050.1G); and

WHEREAS, the California Department of Transportation (Department) has been designated by the
Governor of the State of California to administer Section 5310 grants for transportation projects for seniors and individuals with disabilities; and

WHEREAS, The City of Visalia desires to apply for said financial assistance to permit operation of
paratransit service in Tulare County; and

WHEREAS, The City of Visalia has, to the maximum extent feasible, coordinated with other transportation providers and users in the region (including social service agencies).

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that The City of Visalia does hereby authorize the City Manager and/or his/her Designee to file and execute applications on behalf of The City of Visalia with the Department to aid in the financing of capital/operating assistance/mobility management projects pursuant to Section 5310 of the Federal Transit Act (FTA C 9070.1G), as amended.

That the City Manager and/or his/her Designee is authorized to execute and file all certification of assurances, contracts or agreements or any other document required by the Department.

That the City Manager and/or his/her Designee is authorized to provide additional information as the Department may require in connection with the application for the Section 5310 projects.

That the City Manager and/or Designee is authorized to submit and approve request for reimbursement of funds from the Department for the Section 5310 project/s.

PASSED AND ADOPTED: September 18, 2023 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2023-44 passed and adopted by the Council of the City of Visalia at a regular meeting held on September 18, 2023.

Dated: September 19, 2023 LESLIE B. CAVIGLIA, CITY CLERK

By Michelle Nicholson, Chief Deputy City Clerk

35 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0329 Agenda Date: 9/18/2023 Agenda #: 4.

Agenda Item Wording:

Authorization to award two contracts; one in the amount of $135,737 to Mohawk Lifts LLC, the manufacturer, for the purchase of a Vertical Rise Drive-On Lift and a second contract in the amount of $12,845 to Midstate Automotive Equipment Company, the distributor, for the installation of the lift.

Further, approve the appropriation of $150,000.00 from the Transit Fund.

Deadline for Action: None
Submitting Department: Administration - Transit Division Contact Name and Phone Number:

Angelina DeRossett, Transit Manager,
[email protected], (559) 713-4591
Nick Mascia, Assistant City Manager,
[email protected], (559) 713-4323
Department Recommendation:

Staff recommends that City Council enter into two contracts that were competitively bid through Sourcewell (contract # 013020-MRL). The first contract is in the amount of $135,737 to Mohawk Lifts LLC, the manufacturer, for the purchase of a Vertical Rise Drive-On Lift and the second contract in the amount of $12,845 to Midstate Automotive Equipment Company, the distributor, for the installation of the lift. Further, Staff is seeking appropriation of $150,000.00 from the 452 Transit Capital fund. The total contracts amount is $148,582, however the balance of $1,418 is for contingency.

Background Discussion:

The Transit Operations and Maintenance Facility only has one lift for the bus wash bays. The lift in the bus wash bay is used to access and clean the underside of the vehicle. This lift has been non- operational for over a year and has been due for repair since November of 2022. This lift was built in 1995 and is 28 years old. Parts are no longer available for this lift and the company who manufactured the lift is no longer in business. Transit has made various attempts to repair and keep the lift in service over time.

This lift has four cylinders, two at the front corners and two at the rear corners with a 36,000 lb. maximum lift capacity rated at 9,000 lbs. per lift cylinder. The newer electric buses in the fleet have a GVWR (gross vehicle weight rating) of 32,000 lbs. 60% of the weight is located over the rear axle requiring a minimum lift capacity of 9,800 lbs. per lift cylinder at the two rear corners of the lift. The rear axle weight far exceeds the maximum per cylinder capacity of the current lift, creating a tremendous safety issue when the lift is in operation.

Visalia City Council Printed on 9/15/2023Page 1 of 4
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36 File #: 23-0329 Agenda Date: 9/18/2023 Agenda #: 4.

Due to its age and capacity deficit, the Transit Division recommendation is to replace the current lift.

The specifications of the Mohawk Vertical Drive-On lift proposed for consideration has a 55,000 lb. maximum lift capacity rated at 13,750 lbs. per lift cylinder at each of the four corners. There would be no foreseeable reason that any future bus purchases would ever exceed the capacity of the new lift.

The City will attach to an existing Sourcewell contract, # 013020-MRL, for this purchase. Sourcewell is an organization that creates cooperative contracts for a wide variety of products and services. The organization awards contracts at the manufacturer level when possible, and manufacturer's authorized dealer networks are eligible to sell the products at the local level <https://www.bing.com/ck/a?!
&&p=0d7c5d8854a02f8eJmltdHM9MTY5MjMxNjgwMCZpZ3VpZD0xMzhjN2EyZi00ODI0LTYxOWQt MGFkYi02OTVlNDlhYTYwYWImaW5zaWQ9NTc1MA&ptn=3&hsh=3&fclid=138c7a2f-4824-619d- 0adb-
695e49aa60ab&psq=what+is+sourcewell+contract&u=a1aHR0cHM6Ly9tbi5zb3VyY2V3ZWxsLm9yZ y9jb29wZXJhdGl2ZS1wdXJjaGFzaW5n&ntb=1>. .

The following table is a complete breakdown of the associated costs of this project.

Item Description Qty List Price
Purchase
Price Total
V-050-A-305
Verticle Rise Drive-On Lift
50,000 lb X 30' (surface
mounted)
1 $155,830 $131,402 $131,402
V-403-A-610 Track Lights (24V) 8 LED lights
up to 32" (for 35-64 K lifts 1 $5,140 $4,334 $4,334
Total $135,737
Item Description Qty List Price
Purchase
Price Total
MAECOINSTALL Standard Installation for VR-050-
A-305 at prevailing wage 1 $10,565 $10,565 $10,565

MAECOLABOR
parts and labor to move power
approximately 50 feet using the
existing disconnect to console
location in right front of bay
1 $1,855 $1,855 $1,855
MAECOLABOR parts and labor for air
connection to lift 1 $425 $425 $425
Total $12,845
Item Description Qty List Price
Purchase
Price Total
Contingency Contingency 1 $1,285 $1,285 $1,285
Total $1,285
Grand Total $149,866
Mohawk Lifts LLC
Midstate Automotive Equipment Company
Incidentals
Bus Wash Lift Cost Breakdown
Visalia City Council Printed on 9/15/2023Page 2 of 4
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37 File #: 23-0329 Agenda Date: 9/18/2023 Agenda #: 4.

The replacement of the Transit Bus Wash lift is being requested to be paid with Local Transportation Funds (LTF). Approval of this item will create a new Capital Improvement project in the 452 fund with a total appropriation of $150,000. Should any unused funds not be spent the unused funds will be returned to LTF.

Prior Council Action:

None
Visalia City Council Printed on 9/15/2023Page 3 of 4
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38 File #: 23-0329 Agenda Date: 9/18/2023 Agenda #: 4.

Other:

N/A
Alternatives:

Do not purchase and outsource the cleaning of the engine bay and undercarriage of the busses.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager or designee to award two contracts under Sourcewell purchase agreement #013020-MRL to Mohawk Lifts LLC in the amount of $135,737 and Midstate Automotive Equipment Company in the amount of $12,845 and appropriate $150,000 from the Transit Capital fund (452).

Environmental Assessment Status:

N/A
CEQA Review:

N/A
Attachments:

Mohawk Lifts LLC equipment quote
Midstate Automotive Equipment Company installation quote Visalia City Council Printed on 9/15/2023Page 4 of 4
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39 MOHAWK LIFTS LLC
PO Box 110, Amsterdam, NY 12010
800-833-2006 Fax: 518-842-1289
Amber Fusco x 4000
[email protected]
8/18/2023
Qty List Price Purchase Price Total
1 155,830.00$ 131,402.46$ 131,402.46$ 1 5,140.00$ 4,334.27$ 4,334.27$ SUBTOTAL 135,736.73$
Sales Tax (if applicable) Add if Applic.

NOTES: Credit Card Fee**
TOTAL 135,736.73$
Click here for: Mohawk W9: mohawklifts.com/w9 Payment/Wire Info: mohawklifts.com/payment v7.25.23
*After Receipt of Completed Order - When applicable, includes signed quote, data sheets and receipt of required payment
Good Through:

QUOTE NUMBER
Freight Terms:

Track Lights (24V) - 8 LED Lights - up to 32' Track (for 35-64K Lifts) Lead Time:

Payment Terms:

Visalia.VR50.080723-Midstate
Net 30
Model Dependent
Description
For purchase of Mohawk equipment using:

All quoted equipment has been Competitively Bid and Awarded and is Guaranteed Best Government Pricing.

Freight Included @ No Charge.

QUOTE DATE
013020-MRL
Valid: 04/14/2020 - 04/13/2024
Sourcewell Contract #
October 18, 2023
FOB Destination, Freight Prepaid
V-403-A-610
Part Number
Rich - Midstate Automotive (559) 908-3131 [email protected] Vendor:

Email:

Contact:

Phone:

CUSTOMER
[email protected]
(559) 680-4358
336 N Ben Maddox Way Visalia, CA 93292
City of Visalia
Robert Shane
Vertical Rise Drive-On Lift 50000lb x 30' (Surface Mounted) V-050-A-30S This quotation is subject to the terms and conditions noted on the following page 40 Quote# v7.25.23
Name:

Address:

Contact:

Phone:

Email:

DUNS: 117797939 / CAGE CODE: 8VDK6 / UEI: F9QME4G11RT5 / FEIN: 85-3221959 / SMALL BUSINESS SAM REGISTERED 1) This order is subject to the Terms and Conditions of Sourcewell Contract #013020-MRL 5) Quoted Installation does not include any unforeseen circumstances such as plumbing, electrical, in floor heat, rebar, steel structures, drain, or drain slopes in the existing floor. Installation price is subject to change if the lift is unable to be installed at the time of scheduled appointment, if the shop condition is not ready for installation (lack of adequate concrete, no electrical service, etc), or any other condition which would require additional return trips by the installer.
4) Quoted installation does not include electrical hook-up or any concrete work which may be required. Electrical and any concrete work that may be required must be performed prior to installer's appointment date. 3) The Customer is responsible for inspecting all Products at the time of delivery and before signing the delivery receipt, freight bill, or bill of lading.

Should the customer determine at the time of delivery that any items are damaged or missing the Customer must note the item, discrepancy, or condition on the delivery receipt, freight bill, or bill of lading. Mohawk is not responsible for missing or damaged products when the Customer has signed the delivery receipt, freight bill, or bill of lading in good condition. If equipment is refused at time of delivery or returned as undeliverable, shipping costs and restocking fees may apply. Standard commercial packaging applies. 2) A fork truck must be supplied at the offload site to unload the equipment from the freight carrier and, if applicable, for installation. 7) Any and all permits, licenses, fees, etc. are the Customers' responsibility. 6) Price does not include Sales tax (unless applicable), duties, brokerage, or any other fees. Down Payments are Non-refundable.

To place your order using this quotation, please fill in the following required information:

Acknowledged and Accepted by:

Name:

Address:

Contact:

Delivery Hours/Instructions:

BILLING INFORMATION SHIPPING INFORMATION
Phone:

Email:

TERMS AND CONDITIONS
Visalia.VR50.080723-Midstate
BUY ONCE. BUY RIGHT. BUY A MOHAWK!
Phone
Title
Authorized Buyers Name (PRINT) Authorized Buyers Signature Date
Email
[email protected]
PO Box 110, Amsterdam, NY 12010

MOHAWK LIFTS LLC
Remit orders to:
8) If installation cannot be performed at the time of delivery, then equipment must be paid within terms specified from invoice date. Installation charge to be paid when service is performed.

Same as
Billing
41 Estimate
Date
8/9/2023
Estimate #
6409
Name / Address
City of Visalia Public Works
Fleet Services
Ship To
Midstate Automotive Equipment
1865 Herndon Ave #K131
Clovis, CA 93611
Terms
Due on receipt
Rep
JS
Total
Subtotal
Sales Tax (8.25%)
CSLB # 962308; DIR # 1000019046
Certified Small Business # 40916
(exp:8/30/24)
Serving you since 2005
CREDIT CARD PAYMENTS:

Subject to a 3% service charge for all payments using a credit card.

Signature__________________________________
Please sign to place order; if a Purchase Order is required for payment, please provide. 559-322-8181
Service Dept
Item Description Qty Cost Total
MAECOINSTALL Mohawk VR as quoted model V-050-B305
Standard Installation to be performed in compliance of
Manufacturers written instructions. All Packaging from lift is to remain on-site - customer is responsible for disposal. Standard factory supplied anchors will be used.
1 10,565.00 10,565.00
MAECODISC1 Price does not include: electrical or air connections; permits; inspections;Does not include removal of existing equipment. special insurance requirements,ie additional insured of liability insurance; concrete work; any damage to flooring (painted, epoxy, etc.). Quoted at Prevailing Wage Rates. Quote good for 30 days 1 0.00 0.00
MAECODISC2 Quote does not include permitting or anything associated with permitting and is the responsibility of the owner. Work will be performed at the owners discretion in regards to permitting. 1 0.00 0.00
MAECOPrevailingW... This estimate is quoted at Prevailing Wages and Certified Payroll Records are available upon request
1 0.00 0.00
MAECOLABOR parts and labor to move power approximately 50 feet using the existing disconnect to console location in right front of bay 1 1,855.00 1,855.00
MAECOLABOR parts and labor for air connection to lift 425.00 425.00 customer to remove existing lift and clean bay
$12,845.00
$12,845.00
$0.00
42 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0349 Agenda Date: 9/18/2023 Agenda #: 5.

Agenda Item Wording:

Authorize the City Manager to utilize Sourcewell Contract No 080521-PBL to purchase one (1) PB Loader Model 500-PT 500G Emulsion Trailer from PB Loader Corporation of Fresno, Ca for use in the Street Maintenance division at a cost of $112,706.54.

Deadline for Action: 9/18/2023
Submitting Department: Public Works
Contact Name and Phone Number:

Wyndi Ferguson, Public Works Manager, [email protected], 713-4186 Nick Bartsch, Public Works Director, [email protected], 713-4052 Department Recommendation:

Staff recommends that City Council authorize the City Manager to utilize Sourcewell Contract No 080521-PBL to purchase one (1) PB Loader Model 500-PT 500G Emulsion Trailer from PB Loader Corporation of Fresno, Ca for use in the Street Maintenance division at a cost of $112,706.54.

Background Discussion:

Within the City’s 36-square mile jurisdiction, the 6-person Street Maintenance division maintains approximately 500 miles of streets.

Maintaining City streets is done with several different procedures, including, but not limited to, thin skin patches, dig outs, pothole patching, and minor overlays. These procedures require several steps, one being the application of a tack coat prior to the application of the asphalt. This asphalt emulsion acts as a glue to bond the existing base pavement layer to a newly applied layer and is applied utilizing the spray bar or handheld sprayer wand attached to an emulsion trailer. The City’s existing equipment was manufactured in 1993 and has reached its useful life.

As a government entity, the City is able to “attach” to various contracts at pre-negotiated contract pricing, including contracts listed by Sourcewell. Sourcewell uses a competitive bid process to select product suppliers, and each product category undergoes a competitive approach to negotiate contracts for those products. PB Loader Corporation of Fresno, CA has undergone this process and has been designated as a low-cost supplier for this type of equipment.

Fiscal Impact:
$113,200 is budgeted in the CIP budget (VH0251) for this purchase. 100% of the cost will be paid through the Gas Tax Fund (111).

Visalia City Council Printed on 9/15/2023Page 1 of 2
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43 File #: 23-0349 Agenda Date: 9/18/2023 Agenda #: 5.

Alternatives:

The Finance Department could issue a formal Request for Bids for the purchase of this equipment.

This is not recommended as the purchase price utilizing the competitively bid Sourcewell contract represents significant savings off the list price.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to utilize Sourcewell Contract No 080521-PBL to purchase one (1) PB Loader Model 500-PT 500G Emulsion Trailer from Municipal Maintenance Equipment of Sacramento, Ca for use in the Street Maintenance division at a cost of $112,706.54.

Attachments:

MME Quote
PB Loader Sourcewell Contract
Equipment Evaluation Form
Visalia City Council Printed on 9/15/2023Page 2 of 2
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44 45
46 080521-PBL

Rev. 3/2021 1

Solicitation Number: RFP #080521

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and PB Loader Corporation, 5778 W. Barstow Ave., Fresno, CA 93722 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Roadway Maintenance Equipment from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires October 11, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be

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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;

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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell

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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased

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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,

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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms

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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is

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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names

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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation

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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell PB Loader Corporation

By: __________________________ By: __________________________ Jeremy Schwartz Jason Thompson
Title: Chief Procurement Officer Title: President

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________

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81 82
83 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0350 Agenda Date: 9/18/2023 Agenda #: 6.

Agenda Item Wording:

Authorize City Manager to execute a new annual sole source contract for service, repair and parts with Peterbilt trucks/Cummins engines with E.M. Tharp dba Golden State Peterbilt, not to exceed $150,000 annually. This is a one-year contract with four one-year renewals.

Deadline for Action: 9/18/2023
Submitting Department: Public Works
Contact Name and Phone Number: Mike Morgantini, Fleet Supervisor, [email protected] <mailto:[email protected]>, 713-4182; Nick Bartsch, Public Works Director, [email protected] <mailto:[email protected]>, 713-4052 Department Recommendation:

Staff recommends that the City Council authorize the City Manager to execute a new annual sole source contract with E.M. Tharp dba Golden State Peterbilt for service, repair, and parts for Peterbilt trucks/Cummins engines. This contract will be used on an as needed basis by the City of Visalia Fleet Maintenance division. Cost not to exceed $150,000 per year. This contract will be for one year, with 4 one-year optional renewals.

Background Discussion:

The City of Visalia currently has 61 Peterbilt refuse trucks with Cummins engines used in the Public Works Solid Waste division.

Prior spending for this service is as follows:
2020/2021: $84,390
2021/2022: $130,415
2022/2023: $137,304
E.M. Tharp dba Golden State Peterbilt is the authorized franchise dealer for this area with shops in Bakersfield, Porterville and Fresno that provide service, repair, and parts for Peterbilt trucks/Cummins engines. In an effort to maintain consistency and the reliability of the City’s fleet, the ability to service, repair and purchase factory replacement parts for this equipment is critical. In many cases, this is only possible through the utilization of a contract through a factory authorized dealer. This expense is driven by breakdowns. The variability in prior annual spending is attributed to the fluctuation in breakdowns and recent increases in the cost of parts and services. Costs will increase with the addition of new trucks to the fleet, additionally as trucks age, the chance of breakdowns increases. The amount of $150,000 per year is estimated to ensure that this contract will Visalia City Council Printed on 9/15/2023Page 1 of 2
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84 File #: 23-0350 Agenda Date: 9/18/2023 Agenda #: 6.
stay compliant with the City’s purchasing policies due to the unpredictable nature of breakdowns and cost increases over time. The length of the contract will be one year with four renewable one-year extensions.

Fiscal Impact:

The budget for service, repair and parts are paid initially out of the Fleet fund (501). These costs are then charged to the user department through monthly allocations.

Prior Council Action: None
Other: None
Alternatives: These services could be competitively bid via the Request for Proposals (RFP) process through the City’s Purchasing Department. As the only local authorized franchise dealer in the Central Valley for these parts and services, Golden State Peterbilt would be the most cost effective and logistically feasible proposer.

Recommended Motion (and Alternative Motions if expected):

Authorize city manager to execute a new annual sole source contract for service, repair and parts for Peterbilt trucks/Cummins engines as needed to E.M. Tharp dba Golden State Peterbilt, not to exceed $150,000 annually. This is a one-year contract with four one-year renew.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Rate Quote, Levine Act Statement
Visalia City Council Printed on 9/15/2023Page 2 of 2
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85 Exhibit No.

The followingdisclosureand statementapplytotheBidder/Proposer/Contractor/Consultant/Vendor/Supplieror Company:

1. submittinga bidor proposalinresponsetoa solicitationby CityofVisalia;or

2. as Awardee of a contract/purchaseorderwhich issubjecttoapprovalbytheVisaliaCityCouncil.

OWNERSHIP DISCLOSURE
E M Tharp Inc doing business as Golden State Peterbilt,American Truck Parts.Golden State Peterbilt PacLease and Golden State TRP
Name ofBidder/Proposer/Contractor/ConsultantAi'endor/SupplierorCompany 15243 Road 192 Porterville. CA93257
Address
Listthe names of allprincipals,partners,and/ortrustees.Forcorporations,providenames ofofficers,directors and allstockholdersowning more than 10% equityinterestincorporation:MorrisA Tharpand Casey O Tharp

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also know as the “LevineAct,"can prohibitmembers of theVisalia CityCouncilfrom participatinginany actionrelatedtoa contractifhe orshereceivesany politicalcontributions totalingmore than $250 withinthe previoustwelve(12)months,and fortwelve(12)monthsfollowingthedatea finaldecisionconcerningthe contracthas been made, fromthepersonorcompany awarded thecontract.The LevineAct alsorequiresdisclosureofsuch contribution(s)by a partytobe awarded a specificcontract The followingwebsitecontainsa listofcurrentVisaliaCityCouncilMembers, https://www.visalia.citv/qovernment/citvcouncil/default.asp.You are responsiblefor reviewingthe names of VisaliaCityCouncilMembers priorto making thefollowingdisclosure;

1. Have you oryourcompany, or any agenton behalfofyouoryourcompany,made any politicalcontributions of more than $250 to a VisaliaCityCouncil Member inthetwelve(12)months precedingthedateofthe submission of your proposals or the anticipateddate ofany CityCouncilactionrelatedtothiscontract? Ifyes, please identifythe CityCouncil Member(s) and date(s)ofcontributionNO: X ■YES:
in the space below:

Date of Contribution(s)Council Member(s) Name
Answering YES, does not precludethe CityofVisaliafromawardinga contracttoyourfirmorfromtakingany subsequent actionrelatedtothe contract.Itdoes, however,precludetheidentifiedVisaliaCityCouncil Member(s) from participatinginany actionsrelatedto thiscontract.

NOTICE: The disclosureduty under state law continues fortwelve(12)months afterthe award. Ifthe above informationregarding contributionschanges during thistimeaftertheaward, then the awardee isrequiredto update thisdisclosureform.

E IVlTharp
PrintOfTypeyarrfe9f^klder/Proposer/Conlractor/Consultant/SupplierA/endor/Company Ginnie Sterling
SignatureofCompanyAuthorizedIndivid^f Printor Type Name ofAuthorized Individual 86 I
Truck & Trailer Sales & Service
15243 Road 192 Porterville ● CA 93257
(559) 782-5800 . FAX (559) 784-5672
August 23, 2023

CITY OF VISALIA
Attn: Steve Ellis
707 W Acequia Ave
Visalia, California 93291
Re; Rate Quote
TO WHOM IT MAY CONCERN:

This isto certifythat E M Tharp, Inc does business as Golden State Peterbilt,Golden State PacLease, Golden State TRP and American Truck Parts. These entitiesshall utilizethe Shop Rate of $175.50 per hour inalllocationsforthe Cityof Visaliaheavy duty truckrepairs(thisis 10% offthe door rate).Parts purchases willbe less5% on proprietaryparts and cost plus 33% on aftermarketpartspurchased. Exhibit“B-S” Levine Act Statement is enclosed herewith.

Ifyou need any clarification,please contact Service DirectorMarc Taylor at 559-782- 6104 or Parts Director Cameron Bedard at 559-930-9953. Thank you.

Sincerely
Ginnie Sterling / ^
Special Project Manager
cc: Marc Taylor, Service Director
Cameron Bedard, Parts Director
Motor IVucks ★ Viking Trailers ★ Hoppers ★ Convertibles ★ Flatbeds 87 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0352 Agenda Date: 9/18/2023 Agenda #: 7.

Agenda Item Wording:

Authorize the City Manager to Award RFB 22-23-02 annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant A to JC’s Land Management, Inc., of Kingsburg, CA, for an annual not to exceed amount of $25,960.

Deadline for Action: 9/18/2023
Submitting Department: Community Services
Contact Name and Phone Number: Zach Huff, Acting Urban Forestry Supervisor 713-4295; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] <mailto:[email protected]> Kelli Kincaid, Community Services Director 713-4042; [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the City Council authorize the award of an annual contract for landscape maintenance to JC’s Land Management, Inc., of Kingsburg, CA, in the amount of $23,597.28 plus a ten percent contingency, per specifications of RFB 22-23-02. The total annual not to exceed amount is $25,960.

Background Discussion:

The previous Quadrant A landscape contract expired on May 31, 2022, and has been on a month-to-month basis with a temporary contractor, awaiting the award of a new formal landscape maintenance contract.

Quadrant A is located in the northwestern portion of the City, near Riggin Avenue and Akers Street, and is one of several Landscape and Lighting Quadrants that are on temporary month-to-month contracts to be awarded through a formal Request for Bidders (RFB) process.

On August 2, 2023, and August 8, 2023, the City solicited bids by advertising in the Visalia Times Delta with the RFB posted on Bid-Net. The City also mailed RFB notices, inviting contractors to participate in this bid process.

On Thursday, August 17, 2023, a pre-bid meeting was held in the City Council Chambers. During the pre-bid meeting, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations and answered questions.

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

On August 31, 2023, the City received bids from four (4) contractors in the Bid Summary below. JC’s Land Management, Inc., of Kingsburg, CA was the qualified low bidder for RFB 22-23-02 Landscape Maintenance of Quadrant A contract.

Visalia City Council Printed on 9/15/2023Page 1 of 3
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88 File #: 23-0352 Agenda Date: 9/18/2023 Agenda #: 7.
· JC’s Land Management, Inc., Kingsburg, CA $23,597.28 annually · Brightview, Fresno, CA $25,021.20 annually · Perfect Care Landscape & Maintenance, Tulare, CA $25,955.64 annually · Elite Maintenance and Tree Service, Clovis, CA $35,599.20 annually With this contract, some extra work may be needed from time to time, such as shrub and tree replacement, irrigation improvements, and fertilization in districts with sufficient funding. A ten (10) percent contingency is being added to the contract to cover those extra tasks. The scope of work was also updated giving the contractor more specific shrubs heights and leaf litter cleaning intervals to improve the appearance of the landscapes. Another change within the scope of work for landscape maintenance contracts going for three (3) tiers of level of service. This will enable City staff to reduce cost for districts where expenditures are higher than revenues, by reducing the intervals of service. (Please attachment Levels of Service) JC’s Land Management currently has other landscape maintenance contracts in various locations in the City and is fully aware of the expectations by residents and staff to maintain the districts within Quadrant A at a “Level A” service.

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

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

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

Fiscal Impact:

The fiscal impact for RFB 22-23-02 Annual Contract for Landscape Maintenance of Quadrant A will be allocated from Fund 273 Landscape and Lighting 2731-55230 account, of which sufficient funds have been budgeted.

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

Recommended Motion (and Alternative Motions if expected):

I move to award an annual contract for landscape maintenance of Quadrant A, to JC’s Land Management, (RFB 22-23-02) for an annual not to exceed amount of $25,960.

Environmental Assessment Status: N/A
CEQA Review: N/A
Visalia City Council Printed on 9/15/2023Page 2 of 3
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89 File #: 23-0352 Agenda Date: 9/18/2023 Agenda #: 7.

Attachments: Annual Contract for Landscape Maintenance of Quadrant A RFB 22-23-02, Exhibits, JC’s Land Management, Inc. signed bid form.

Visalia City Council Printed on 9/15/2023Page 3 of 3
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90 BID NO. 22-23-02

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT A
1 of 58

CITY OF VISALIA, CALIFORNIA
REQUEST FOR BIDS (RFB) 22-23-02

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT A

Bid Submittal Deadline: Thursday, August 31, 2023, at 11:00 A.M.

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 participate 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 ex ercise 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 thi s 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 regardi ng th e 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 Wed. August 23, 2023.

Legal Ads 8/02/23 & 8/08/23
91 BID NO. 22-23-02

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT A
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TITLE TABLE OF CONTENTS PAGES

I. Definitions ................................................................................................................... 4 II. Introduction ................................................................................................................. 4 III. Instructions to Bidders .............................................................................................. 6 IV. Landscape & Lighting Maintenance Acreage Policy .............................................. 6 V. Contract Acceptance After Award ............................................................................ 6 VI. Scope of Work/Services ............................................................................................ 7 A. Standard Requirements ......................................................................................... 7 B. Landscape Maintenance ...................................................................................... 11 C. Important Notice ................................................................................................... 22 D. Department of Industrial Relations Requirements ............................................... 22 E. City of Visalia Labor Compliance Manual ............................................................ 25 VII. General Conditions .................................................................................................. 25 A. Contracting Agency .............................................................................................. 25 B. Term of Contract .................................................................................................. 25 C. Pricing .................................................................................................................. 26 D. Approximate Estimate .......................................................................................... 26 E. Examination of Specifications and Site(s) of Work .............................................. 26 F. Discrepancies and Misunderstandings ................................................................ 26 G. Bid Forms ............................................................................................................. 27 H. Withdrawal of Bids ............................................................................................... 27 I. Disqualification of Bidders.................................................................................... 27 J. Opening of Bids ................................................................................................... 27 K. Incurring Costs ..................................................................................................... 27 VIII. Protests and Appeals ............................................................................................... 27 IX. Award and Execution of Contract ........................................................................... 28 A. Evaluation and Award of Contract ....................................................................... 28 B. Basis of Bid Award ............................................................................................... 29 C. References ........................................................................................................... 29 D. Cooperative Agreements ..................................................................................... 29 E. Contract Bonds .................................................................................................... 29 F. Failure to Execute Contract .............................................................................. 29 X. Control of Work ........................................................................................................ 29 A. City-Contractor Relations ..................................................................................... 29 B. Care of Existing Structures .................................................................................. 30 C. Existing Utilities .................................................................................................... 30 D. Labor .................................................................................................................... 31 E. Use of City Personnel and Equipment ................................................................. 31 F. Materials............................................................................................................... 32 XI. Measurement and Payment ..................................................................................... 32 A. Billing and Payments ........................................................................................... 32 B. Measurement and Payment ................................................................................. 32 C. City’s Right to Withhold Certain Amounts ............................................................ 32 D. Extra Work ........................................................................................................... 33 XII. Legal Responsibilities & Special Provisions ......................................................... 34 A. Assignment .......................................................................................................... 34 B. Termination of Contract ....................................................................................... 34 C. Rights and Remedies of City for Default .............................................................. 34 D. Permits and Licenses ........................................................................................... 34 E. Equal Employment Opportunity ........................................................................... 35 F. Ethics in Public Contracting ................................................................................. 35 G. Disclosure of Independence and Relationship .................................................... 35 H. Prevailing Wages and Labor Laws ...................................................................... 35 I. Insurance and Indemnification ............................................................................. 35 92 BID NO. 22-23-02

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J. Public Convenience and Safety ........................................................................ 36 K. Safety Orders .................................................................................................... 36 L. Hazardous Waste ............................................................................................. 36 M. Dust Abatement ................................................................................................ 37 N. Noise Levels ..................................................................................................... 37 O. Personnel Protective Equipment ...................................................................... 37 P. Right to Require Performance .......................................................................... 37 Q. Compliance with Laws ...................................................................................... 37 R. Venue ............................................................................................................... 37 S. Firearms ............................................................................................................ 37 T. Executive Order N-6-22 – Russia Sanctions .................................................... 38

Exhibits (Exhibits A through B-9 are to be completed and submitted with Bid)

Exhibit A Bid Form ............................................................................................... 39-42 Exhibit B-1 E.E.O. Compliance Certification (To accompany bid form) ...................... 43 Exhibit B-2 Certificate of Non-Segregated Facilities .................................................... 44 Exhibit B-3 Bid Guarantee ........................................................................................... 45 Exhibit B-4 Non-Collusion Affidavit .............................................................................. 46 Exhibit B-5 Certificate concerning Workers Compensation Insurance ........................ 47 Exhibit B-6 Americans with Disabilities Act Compliance Certificate ............................ 48 Exhibit B-7 Ownership Disclosure Form ...................................................................... 49 Exhibit B-8 Drug-Free Workplace Certification ............................................................ 50 Exhibit B-9 Iran Contracting Act Certification ............................................................... 51

Exhibit C Sample Contract (for information only, do not submit with bid) ................ 52 Attachment 1, General Contract Provisions ............................................. 55 Attachment 2, Standard Insurance Requirements .................................... 57

Separately Attached:

Exhibit D-1 Locations Listing and Square Footages
Exhibit D-2 Locations Map
Exhibit D-3 Water Conservation Ordinance
Exhibit D-4 City of Visalia Labor Compliance Manual Exhibit D-5 Applicable State Prevailing Wages
Exhibit D-6 Monthly Irrigation Report Template
Exhibit D-7 Water Schedule Worksheet

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I. DEFINITIONS

For the purposes of RFB NO. 22-23-02 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", "Sup plier", “Consultant”, “Contr actor” and “Subrecipient” are used interchangeably throughou t this invi tation to mea n the person , firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

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

5. “RFB” means Request for Bid No. 22-23-02.

II. INTRODUCTION

The City of Visalia is reque sting bids for landscape maintenance of an ar ea id entified as Quadrant A .

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 irrigatio n system; and all other duti es required to keep the area(s) in safe, attractive, usable condition and maintain p lant 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 61,799 sq. ft. (1.419 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.

A Non-Mandatory Pre-Bid Meeting has been scheduled for this project. Bidder attendance is en couraged but not required. at. Meeting will be held in the City Council Chambers at Visalia City Hall, 707 W. Acequi a Avenue, Visalia as follows:

Thursday, August 17, 2023, at 9:00 A.M.

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 the 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 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.

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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 the 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 diem 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 Contract or is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

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

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III. INSTRUCTIONS TO BIDDERS

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

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

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

From: Bidders Name & Mailing Address

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

In lower left-hand corner of envelope write or type: Landscape Maintenance Quadrant A RFB NO. 22-23-02

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 Certifi cations, Affidavits, Assurances, Statements an d Questionnaires as well as optional waiver(s) to the City with the sealed Bid. The city will not consider Bids which are not accompanied by the required completed forms.

6. Submit a copy of Bidder’s valid Pesticide Applicator ’s License (QA L) Ca tegory B and a copy of Bidder’s valid Maintenance Gardener Pest Control Business License . If Bidder is subcontracting this work to any entity holdi ng a Pesticide Applicator ’s License (QAL Ca tegory B) and a valid Maintenance Gardener Pest Control Bu siness L icense, the Bidder must properly identify the subcontractor on the Subcontractor Listing Form with the b id. All Subcontractors must be DIR Registered and maintain registration to perform work under this contract.

7. Inquiries regarding this Request f or Bids may be dire cted to the Visalia Purchasing Division, at (559) 7 13-4334. However, to prevent misinterpr etations, t he Purchasing Department request s that all questions be submitted in wri ting via ema il [email protected] or via fax (559) 713- 4801.

Questions regarding this RFB are due no later than 4:00pm on Wednesday, August 23, 2023.

IIVV.. IIVV.. LLAANNDDSSCCAAPPEE AANNDD LLIIGGHHTTIINNGG MMAAIINNTTEENNAANNCCEE AACCRREEAAGGEE PPOOLLIICCYY

The City of Visalia enacted a Landscape and Lighting Maintenance Acreage Policy which applies to all Landscape and Lighting Maintenance Districts (Quadrants). This policy became effective June 19, 2023.

Landscape and Lighting Maintenance Acreage Policy
The objective of this policy is to achieve a high level of service for each City managed Landscape and Lighting District by following the parameters set forth.

1. Contractors will be allowed to bid on and mai ntain up to 60-acres of Landscape and Lighting Districts for the City of Visalia.

2. Contractors that have reached the Landscape and Lighting District 60 -acre maintenance limit will be allowed to maintain acreage over 60-acres only when that overage is added to an exis ting landscape maintenance contract due to new construction or the reorganization of a new maintenance district.

This exception will only apply for the duration of the current maintenance contract.

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3. Landscape Mainte nance contractors are limited to a max imum of 60 -acres of territory in the City of Visalia. If a Contractor is not yet at the 60 -acre threshold and wishes to bid on additional acreage the Contractor may bid on those. If, however, said Contract or is the lowest bidder for various Quadrants and award of those Quadrants would push his acreage over the threshold of 60 -acres, the Contractor will be allowed to select which Quadrant he wishes to be awarded, and that would keep the contractor at, or below the 60-acre limit. The remaining Quadrants will be awarded to the 2nd lowest bidder (provided that Bidder is also under the 60-acre threshold and meets all other specifications)

4. Bids received from contractors to maintain additional Landscape and Light ing Districts that currently have Landscape and Lig hting District maintenance contracts with the City of Visalia will not be accepted if the acreage places the contractor over the 60-acre limit.

VV.. VV.. CCOONNTTRRAACCTT AACCCCEEPPTTAANNCCEE AAFFTTEERR AAWWAARRDD

Contract Acceptance: After award of the contract, the Contractor will inspect and review current landscape and irrigation conditions of the project areas. The Contractor must provide a statement summariz ing the status of the current landscape condit ions and irrigation syst em along 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 wo rk a reas and agree to a resolution and ap proval of the p roject a reas. 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 re solution. 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.

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 th e 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 Cont ractor. 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 areas maintained by the contractor 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 work 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. 97 BID NO. 22-23-02

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VVII.. VVII.. SSCCOOPPEE OOFF WWOORRKK//SSEERRVVIICCEESS

A. STANDARD REQUIREMENTS AND LEVEL OF SERVICE
Maintenance of areas must include if applicable, but not be limited to , pruning, shaping and tr aining of trees, shrubs and ground covers; fertilization; weed control; litter control; control of a ll 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 level of service for all areas of the Quadrant. Most areas in all Quadrants have funding that can support the highest level of service. However, there are rare i nstances when the available funding in a particular area of a Quadrant will require the City to reduce the costs for that area by reducing the level of service (frequency of service) for that area. Therefore, the City of Visalia reserves the right to assign a service level of less frequency (Level B or Level C Service) to specific areas of a Quadrant when City deems necessary.

The City will provide the Contractor with 30 days advance written notice listing the area and square footages for which service s hall be reduc ed and the effective day of service red uction. City will also automatically reduce the contract payment amount for those specific areas according to the table below which shows the reduction for Level B and Level C.

Service
Level
Frequency of Service Number of
Services
Annually
Percentage by
which Contractor’s
price will be
reduced
A Once per week intervals 52 -
B Two-week intervals 26 25%
C Once per month intervals 12 33%

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

The specifi cations and standar ds mu st 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 n ormal and routine mainten ance operations tha t cau se excessive noise sha ll be performed before 7:00 a.m.
.
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• 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 Visalia’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 o r other identifying clothing, to mak e c lear to all observers that they are employed by the contractor.

• All vehicles (trucks, etc.) used in the course of ful filling this contract sha ll have appropriate company identification, 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 e mployees 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 t he 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 the se type s of issues is di fficult to estimate, ther efore a $100 liquidate d damages assessment (per incident) shall represent costs incurre d by the City i n responding to complaints concerning the Contractor.

6. Mowing All Turf areas co vered by this contract sh all 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 the 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 damag e f or the se types of issues is difficult to esti mate and t herefore, $100 shall represent costs incur red by the City in responding to complaints concerning the Contractor.

8. Signage. All r egulatory park , stre et, and traff ic signs, trail head signs, ci ty inf ormation 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 o r during actual 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 ) d ays p rior to usage by Contractor for any che micals while performing this contract.

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

These w ould include, but not be limited to, several organop hosphate 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 must 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 a n 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 pote ntial safety hazards generated by b ut n ot 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 d isposed 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 opinion of Ci ty staff constitute an immediate danger or hazard to property or p ersons, 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 following working day.

Contractor must 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 n on- 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 description of unusual circumstances, locations of any homeless encampments that are found in areas being maintained by the Cont ractor, lighting that is inoperable, major irrigation breaks, safety hazards, etc. For emergencies and safety hazards, the P roject Man ager is to be called immediately. Failure to provide a report may result in a a $100 penalty per incident or terminat ion of c ontract 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 e stimate. 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 100

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attendance and inspection reports prep ared by the City, pro vide all chemical use and proposed use reports, irri gation inspection and schedule ch anges, and usag e 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, disease, and damages that are be yond the sco pe of Contractor’s responsi bility shal l be b rought to the attention of Project Manager.

d. A C hemical Use and Prop osed W ork Report must be comple ted for e ach chemical application and proposed application. These reports shall be submi tted each mo nth during c ontractor’s monthly meeting with City’ s Project Manag er. Failure to submit reports may dela y the City’s payment to Co ntractor and be cause for a liquid ated damage assessment of $100 per incident . The amo unt of d amage and costs to the City for these types of is sues is difficult to e stimate and therefore, $100 shall represent costs incurred by the City in responding to incidents where the City was unsure of what chemicals were applied by the Contractor. The Contractor is responsible for submitting chemical usage reports to the County Agricultural Department. Copies are to be sent to the Project Ma nager as part of the Contractor’s monthly report.

e. Monthly Irrigation Ins pection r eports (desc ribed below), irrigation s chedule changes, and contractor signed landscape inspections from the C ity must be submitted with monthly invoice before payment will be made. Failure to submit all reports may delay the City’s payment to Contractor.

B. LANDSCAPE MAINTENANCE – SPECIFICATIONS

1. Irrigation. Irrigation must be done with th e u se o f automatic or manual sprink ler systems w here available and operable, unless outlined in the initial acceptance inspections for repairs. These areas will be a ddressed with Con tractor during initial i nspection and noted for reg ular monthly inspections. Failure of an exi sting system to provide ful l 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, sprinkler s, 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.

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 101

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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 co ntractor 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 c ontractor 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 addition 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 written 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 valves, heads, leaks and washouts, saturated areas or dry spots .

Contractor must notify Project Manager within twenty-four (24) hours of any malfunctions.

Failure to provide notice to the P roject 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 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 kept to an absolute minimum so as not to cause waste of water, pedes trian and/or vehicular lia bilities.

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 102

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repairs may b e c ause 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 Em ergency 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 systems shall be made by a Publi c Works De partment representative. Any repairs deemed the c ontractor's responsibility must be made by the contractor prior to the end of the contract period.

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

c. Repairs. Irrigation systems which are damaged by van dalism 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, unless otherwise direct ed. Vandalism will be do cumented by the contra ctor with the use of digit al 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 docum entation 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 = C ontractor is respon sible for all normal repai rs (i.e. Main l ine (including from wate r 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 irrigati on controller. The ba ckflow device s annual maintenance/testing will be the responsibil ity 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 complet ed 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 res ponsibility 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 plus materials for major repairs to be authorized by Project Manager prior to any work being done. Con tractor 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 the allotted 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.

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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 statement). 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 o r waterlog any soil. Contractor shall turn off irrigation system during the wet season and adjust the controller seasonally. Each time the schedule is changed due to seasons or any other reason, a revised schedule shall be provided to the Project Manager.

Water applications on turf and g round cover a reas 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 requireme nts, 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 mowi ng. 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 p rovided 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 hea lthy 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 accept able 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 ru n-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 ar ound newly planted shrubs and tree s to be used d uring 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 establishment permi t for any ad ditional irrig ation 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 obtai n 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 104

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contract. The Toro Se ntinel controller(s) s hall be retu rned to the Ci ty 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 remov al and chemical abatement of weeds grow ing 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 c hemical weed c ontrol in certain areas. Pesticide Applicators L icense i s r equired t o apply 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 contract or 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 C hemical 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 shal l b e observed. Pesticide Applicators 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 soi l in turf and planter ar eas caused by rodent activity shall be raked down at the intervals established by the Level of S ervice assigned to th e area, to prevent soil buil d u p in turf and aroun d p lants. All cu rbs, gu tters, and other har dscapes 105

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adjacent to t he 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 (gopher, squirrel, and other pest) activity, and initiate control measures at the intervals established by the Level of Service assigned to the area . Contractor must fill all rodent holes in 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 allow 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, shearing, 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 appropriate ly. 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 bo unds to prevent its encroachment into walk, passa geways, and streets. Clear vi ew of traffic sign s 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 th an f our feet (4’) and kept from blocking any subd ivision, 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, dying, 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 b y 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. The 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.

All trees are to be maintained 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.

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No weed w hackers or h edging type tools sh all 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 outs ide services to correc t t he damage will result i n 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 cle arance a bove sidewalks , b ikeways, a nd o ther 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, haul ed away, and disposed of by the Contractor immediately and appropriately.

Leaves in pl anter areas shall b e removed on a monthly basis. In addition, d uring seasonal drop leaves will need to be r emoved off o f 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 prom ote their eventual development into strong, healt hy 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. Me tal 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 f ree 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 par ks shall be maintained, pruned, an d shaped to promote their eventual development into strong, healthy representatives of their species b y 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. Thes e c osts 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 wooden tree stakes. All metal stakes in good conditi on 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 hazard. Failure to notify Project Manager m ay result in a liquidated damage assessment of $100 per incident to recover the l osses to the City for responding to resident 107

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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 bas is as re quested by the Project Manager. Project Ma nager will request separate pricing for fertilization w hen it is requi red. A slow- release fertilizer will be applied when fertilizer is requested by Project Manager.

When fertilizer is applied as needed, t o maintain healthy and vigorous plants : The City anticipates that primarily nitrogen will be deficient i n soils; howeve r, 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 beginning a fertilization program, Project Manag er shall submit to the Contrac tor, a schedule showing sites to be fertilized.

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

Once the Project M anager has requ ested that fertilization is necess ary the Contrac tor shall notify Project Manager at least ten (1 0) days b efore any fertilizer applicati ons. 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: Subje ct 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 dis covery 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.

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 d etermined by the Project Manager.

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

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

c. Any plant damaged or lost through fires, storms, or water restrictions in response to drought conditions, theft, vehicular damage, or vand alism that are not the responsibility of th e contractor (as d etermined by the Project Manager), shall be r eplaced in kin d 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 m ay be necessary or desirable to replace some plan ts to enhance the overall appearance of a site. Any such replacements will be at the Project Manager 's decision. The contractor will perform the work and The City will pay for the contractor’ s labor at con tract rates an d cost of replacement materials. All landscape 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 t o 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 o n the 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 e quipment, which w ill give a neat appearance without rutting, slidi ng ov er, or sca lping t he 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.

Contractor’s emplo yees shall take care to avoid o bstructions such a s e lectrical 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 109

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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 i nches (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 per formed so that no more than one third ( 1/3) of the grass blade is removed per frequency in returning the grass to acceptable height for the species being mowed within areas assigned at a level A Service.

All turf areas shall be mowed at the intervals established by the Level of Service assigned to the area on a 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 on e 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 March and again b etween September and Mid - November of every year . Herb icides suc h a s 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 Broadleaf 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 u pon 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 Pr oject Manager. Th is is consi dered additiona l work a nd wi ll be paid separately from this con tract. Contractor shal l pro vide 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 separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started. 110

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Turf renovation to remo ve accum ulated t hatch from 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 Pr oject Ma nager a quote for w ork p rior to work bei ng 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 spac e.

Groundcovers shall not be al lowed to encroach 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 prun ed 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 th irty (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 disp osed of at the int ervals established by the Level o f Service and at the contractor’s expense.

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

8.36.050 Exterior n oise standards--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 privat e 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;
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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 b id documents 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 competitive 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 C ontractor 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 proposal, 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 public 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 i s registered to perform public w ork 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 agre ement that establishes terms an d conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code 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 Cit y 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. 112

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❑ 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 Visalia. 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, subj ect 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 postings 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 unde r 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 Labo r 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 l abor 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 r ecords an d their s upporting documentation with in 10 days to a ll authorized p arties upon writ ten re quest and be subject t o penalties for non-compliance as detailed in labor code section 1776.

o Inform t he C ity 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 comp ly with an y prevai ling wage monitoring and enfo rcement activities required by the labor compliance programs of the Departm ent o f Indu strial Relation s including the withholding of contract payments in the amo unt 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 section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:

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 sections 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 statement of compliance with labo r code sections 1771, 1776, 1811, and 1815, signed under penalty of perjury.
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o As set forth in CLC section 177 5(b)(2), the co ntractor s hall monitor the p ayment of the specified general prevailing rate of per diem wag es by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

o As set fo rth 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, retaining sufficient funds due the subcontractor for work performed on the public works project.

o As set forth in CLC section 1775(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 pu rsuant 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 publ ic 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 standa rds 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 wo rking on a public works contract of $30,000 or mo re shall employ t he nu mber of apprentices or th e ratio 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 section 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 contractors 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 1 777.7(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 the provisions of section 1771, 1775, 1776, 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.

o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the co ntractor shall tak e corrective 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 subcontractor 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.

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❑ The prime contractor i s r equired to prov ide a signed affida vit declaring their c ompliance 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 Visalia s hall obtain the general prevailing rate of per diem wages and t he gene ral 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 c raft, 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 made 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.

VVIIII.. GGEENNEERRAALL CCOONNDDIITTIIOONNSS

AA.. CCOONNTTRRAACCTTIINNGG AAGGEENNCCYY
The contract res ulting from t his Invit ation to 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 prob lems 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 CONTRACTOR, 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 of non-renewal to the Contractor prior to the renewal date.

If Contractor decides not to consent to renewal by the City, then they must provide t he City Pro ject 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 terminat ion or expiration o f this Agreement, Contractor shall transfer to City any funds and/or accounts re ceivable on hand att ributable to the use of CITY funds.

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CC.. PPRRIICCIINNGG
All prices 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 p rice 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 allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The req uest f or price adjustm ent mus t b e 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 a mount 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 t he 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 other 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 ignora nce 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.

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 damage where he recognized such error, inconsistency, 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.

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The bid documents (including a ll attachments and addenda), Bidder’s response 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 cover 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 s how any alteratio n of fo rm, addi tions no t 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 ; o therwise, 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 not 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 an y 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 opene d at the time, date and p lace in dicated i n 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 will be provided until after bids have been 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.

VVIIIIII.. PPRROOTTEESSTTSS//AAPPPPEEAALLSS
Because it is e ssential that bidders have c onfidence in the proc urement procedures for soliciting a nd awarding contracts, it i s the policy of the Ci ty to offer bidders the opportunity to appeal award of contracts.

The following procedures shall apply in regard to appeals:

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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 Vis alia Purchasing 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 contradictions, pr ocurement errors, quotation rating 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 appeal 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.

IIXX.. 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 irregularities 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 qualified to carry out the obl igations 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 th e 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 in 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.

4. Contractor shall indemnify and hold harmless the City, it s 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 b y 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 k ind, 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 118

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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 a greed 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 addenda 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 is 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 bi d 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 contractor. 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 th is 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.

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.

XX.. 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 119

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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 the 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 e mployees. 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.

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 addition, 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.

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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.

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.

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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 u tilized to carry ou t c ontracted work f or the C ity shall b e i n compliance with t he S tate of California emission inspection program.

XXII.. MMEEAASSUURREEMMEENNTT AANNDD PPAAYYMMEENNTT

A. BILLING AND PAYMENTS
Contractor i s fully r esponsible for assuri ng that all services a rising fr om 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 been 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:

• 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 under this contr act an d a s a result of c ontractor’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 co ntractor 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.

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• When Contractor is out of c ompliance wit h th e requirements of the maintenance agreement, an appropriate downward ad justment in c ontractor’s payment shall be ma de. Downward adjustment s will be made for incomplete and /or unsatisfactory work or non -performance based on a percentage of the estimate d co st to the City for each area maintained by the C ontractor. See tables below which l ist t he cost adjustment percentage. The Area Cost Est imate 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 tha t t he 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.

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 extra 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.

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XXIIII.. 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 of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) 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 tr ansactions in the City of Visalia . Fo r additional information, contact the City of Visalia at (559) 713-4326. No payment on the contract will be made until such license is obtained. Contractor must possess all required State, Federal, and local licenses as it pertains to the scope of work of this RFB. Awarded Bidder must hold:

o A C-27 Landscape Contractor’s License,
o A Pesticide Applicator’s License (QAL category “B”), 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

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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 Practices 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, i ncluding 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 pertaining to w orking ho urs an d overtime ra tes o f p ay. 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).

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.

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2. Commercial general l iability insurance with a com bined single limit of not le ss than One Million Dollars ($1,0 00,000) p er occ urrence. Suc h insurance shall include co verage for Pr emises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed O perations Liabi lity, Broad F orm Property Damage ( if applicable), Independent Contractor’s Liability (if applicable).

3. Comprehensive Automobile Lia bility coverage with a combined single limit of not les s that O ne Million Dollars ($1,000,000) per occurrence. Such insuranc e shall inclu de coverage for owned , hired, and non -owned a utomobiles and s hall be provided by a business 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 maintained 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 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 services 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 126

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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, Chapter 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.

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 contractor/vendor/consultant is caught carrying a gun, without Cit y permission, their contract will be terminated.

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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) re garding Economic Sanctions agai nst Russia and Russian entitie s and individuals. “Economic Sanctions” refers to sanctions im posed by the U.S. government in res ponse to Russia ’s action s in Ukraine, as well as any sanctions imposed under state law. T he EO dir ects state agencies to terminat e contra cts with, and to refra in from entering any new contracts with, individuals or entiti es that are determined to be a targ et of Economic Sanctions.

Accordingly, should th e State determine Contr actor is a ta rget of Econom ic Sanctions or is conducting prohibited transactions with sa nctioned individuals or entities, that shall be grounds for te rmination of this agreement. The St ate shall provi de Contra ctor advance written not ice of su ch termination , a llowing Contractor at le ast 30 calendar days to provide a writt en response. Terminati on shall be at the sole discretion of the State.

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Name of Bidding Agency:____________________

EXHIBIT ‘A’ BID FORM

CITY OF VISALIA, CA
RFB-22-23-02, LANDSCAPE MAINTENANCE OF QUADRANT A

In compliance with the City’s Notice Inviting Sealed Bids No . 22-23-02 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, transportation, fuel, appurtenances, and incidentals required to perform Land scape Maintenance Ser vice as set forth in accordance with the specifications, terms and conditions of this Request for Bid, including all Exhibits and related contract documents therefore, 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, BIDD ER 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 required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that prices bid include all labor, materials, equipment, transportation, fuel, tools, appurtenant expenses, taxes, permits, licenses, royalties, fees and all costs associated with performin g the work de scribed in the bidding documents includ ing all exhibits and attachments.

BIDDER hereby agrees to execute a contract and provide insurance and a performance bond within ten (10) working days, or such further time as may be allowed in writing by the Purch asing Division, after receiving notification of the acceptan ce of this Bid, and it is hereby mutually understood and agreed that in case the BIDDER does not, the accompanying Bid Guarantee shall be forfeited to the City of Visalia as liquidate d damages, and said Purchasing Division may proceed to award the contract to others.

BIDDER agrees to abide by all requirements of the Department of Industrial Relations (DIR) applicable to this public works contract and specified in the City of Visalia L abor Compliance Manual, including but not limited to assuring valid DIR r egistration numbers for all Contractors and Subcontractors performing work under this contract, payment of state prevailing wages, and uploading weekly certified payrolls to the Labor Commissioner.

BIDDER further declares that he/she has not either direct ly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.

BIDDER understands that the quantities given on the Bid fo rm and any related co ntract 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 wil l correspond therewith and reserves the right to inc rease 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 lowes t bidder whose bid is deemed both responsive and responsible and meets all criteria required. Resulting contract may be awarded at:
• Level A service for all areas, or
• Level A service for some areas with specific areas at Level B or C Service if deemed appropriate by the City.

BIDDER understands that once contract is awarded, the City reserves the right to further increase or decrease the Level of Service in any area(s) of the Quadran t, which will result in a corresponding increase or decrease to the contract amount as specified in the RFB. The City will provide the Contractor with 30 days advance written notice when Level of Service is being changed.

129

BID NO. 22-23-02

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT A
40 of 58

The City reserves the right to ad d or delete areas (square footage) from this contrac t if needed . Any added or deleted areas will cause a price adjustment to contract. Price adjustments will be based on the Contractor’s unit price for the Level of Service being provided to the specific area.

Any new areas that may be added shall be main tained to the 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 by affixing his/her si gnature on the Bid Form.

All bids will be checked f or accuracy. In the case of discrepancy in amounts bid, the unit cost shall prevail as basis for award.

LANDSCAPE MAINTENANCE OF QUADRANT A, PER SPECIFICATIONS OF RFB-22-23-02

Level A Service
Service once per week
(52 times annually)
Quantity
(Sq. Footage)

X
Unit Cost
(Monthly)

=
Monthly Price
Turf (including irrigation maintenance) 6,333 sq. ft.

$________/sq. ft.

= $_____________
Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 55,466 sq. ft.

X $________/sq. ft.

= $_____________
Total Monthly for Level A 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

______________________________________________________________________________________________________________ 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 wo rk or if v endor is presently transac ting business wit hin t he City of Visalia regardless of wh ether t he 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: __________________________________

130

BID NO. 22-23-02

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT A
41 of 58

Name of Bidding Agency:____________________

BIDDING CONTRACTOR’S D.I.R. REGISTRATION #__________________________________

BIDDER HAS INCLUDED THE FOLLOWING WITH THIS BID:

10% Bid Guarantee Bond Yes______ No________

Copy of Pesticide Applicator’s License (QAL) Category “B” Yes____ No________ Copy of Maintenance Gardener Pest Control Business License Yes______ No________

If B idder is s ubcontracting t his work to any entity holding a Pestic ide Applicator’s Licen se (QAL cat egory B) and a v alid 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

______________________________________________________________________________

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.

131

BID NO. 22-23-02

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT A
42 of 58

Name of Bidding Agency:____________________

SSUUBBCCOONNTTRRAACCTTOORRSS
Pursuant t o the provisions of Sections 4100 to 4113 inclusive of t he Public Cont ract Code of the Sta te of California, t he undersigned 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 o f the subcontractors herei n desi gnated withou t 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 #

132

BID NO. 22-23-02

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT A
43 of 58

EXHIBIT “B-1”
Submit with Bid

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regu lations or orders of the Secr etary of Labor 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 applicant 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, recruitm ent or re cruitment advertising, layof f 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 B IDDER 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 a ccess to his books, records a nd accou nts 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 ac cordance with Executive O rder 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

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 S ection 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 in cluding 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):

133

BID NO. 22-23-02

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT A
44 of 58

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 e ating are as, time clocks, loc ker room s 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

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):

134

BID NO. 22-23-02

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT A
45 of 58

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 well 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. 22-23-02
Project: Landscape Maintenance of Quadrant A 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 prescribed form in accordance with the b id, and files t he two b onds wi th 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 suit 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.

135

BID NO. 22-23-02

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT A
46 of 58

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 indir ectly induced or solicited any other BIDDER to put in a false or s ham Bid, and has not directly 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 the public body a warding the contra ct 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, submitte d his or he r Bid price or a ny breakdown thereof, or the contents t hereof, or divulged information 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. 136

BID NO. 22-23-02

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT A
47 of 58

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):

137

BID NO. 22-23-02

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT A
48 of 58

EXHIBIT “B-6”
Submit with Bid

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE

By submission of a bid, the BIDDER certifies it will comply with the Amer icans with Disabilities Act, 42 U.S .C., 1210 1 e t. se q., 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 certifies to the Americans with Disabilities Act compliance.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal (if any):

138

BID NO. 22-23-02

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT A
49 of 58

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 __________________________________________________________

139

BID NO. 22-23-02

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT A
50 of 58

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 ev ery employee 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 s eparately, specifically, and indi vidually provided fo r ea ch contra ct o r grant b etween the contractor or grantee and this state agency.

140

BID NO. 22-23-02

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT A
51 of 58

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.

141

BID NO. 22-23-02

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT A
52 of 58

EXHIBIT “C”, Sample Contract – do not submit with Bid

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT A
(City of Visalia Bid No. 22-23-02)

This Agreement, entered into and effective this ________ day of ________________, 2023 [“Effective Date”], by and between the City of V isalia, hereinafter referre d to as the “CITY”, and __ __________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S

WHEREAS, CONTRACTOR is an ___ _________________ (insert ind ividual or entity type) w ith 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 Landsc ape Maintenance which was let to bid on ___________ as evidenced by Bid No. 22-23-02 (the “Project”); and

WHEREAS, City of Visalia revie wed and evaluated responses to the Bid 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 upo n completion 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 renewal by the 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 th e 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 term ination 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 e ntitled only to payment for work perf ormed 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 stand ards dee med acceptable by the Project Manager.

142

BID NO. 22-23-02

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT A
53 of 58

2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments 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-22-23-02, Landscape Maintenance of Quadrant A, including all attachments and addenda
Attachment 4 CONTRACTOR’s bid in response to Bid No. 22-23-02

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall p rovide the followin g 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. 22-23-02.

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 in dicated in Paragraph 4 above ; however, CITY shall p ay not more than the following am ount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CIT Y on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.

6. CONTRACT PRICE ADJUSTMENTS:

All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary da te of the agreement. In ord er t o protect the interests of the Ci ty and t o give the vendor a reasonable basis for bidding, a price adjustment featu re is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mu tual 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 d ocumentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than n inety (90) calendar days prior to the an nual anniversary date of the agreement.

Requests filed after this time will not be considered.

The unit prices for the ensuing con tracts 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 an amount equal to the pe rcentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the p rice increase exceed 5% . The contract s unit pri ce changes as a result of this formula sh all be binding on the cont ractor f or the subsequ ent contract year. The adjustment of the unit bid price shall no t be retroactive and shall apply only to changes incurred after approval.

143

BID NO. 22-23-02

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT A
54 of 58

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 execute 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. 144

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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 conditions 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: The 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 this 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 approval 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 follow 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. government 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 Compensation 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 p rovision 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 ev idence 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

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Annual Contract for Landscape Maintenance Services of Quadrant A Addendum No. 01

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Visalia City CouncilSeptember 18, 2023

Visalia City Council
September 18, 2023