Agenda packet — Visalia City Council, July 21, 2025 (part 4 of 6)

Bidders Name: ____________________________
(Submit with Bid Proposal)

4. BIDDER’S STATEMENT ON PREVIOUS CONTRACTS SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (EXECUTIVE ORDER 11246)
The BIDDER shall complete the following statement by checking the appropriate blanks:

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

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

If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit a compliance report on Standard Form 100 “Employee Information Report EEO-1” prior to award of this contract, agreement, or purchase order.

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

5. EQUAL OPPORTUNITY (EXECUTIVE ORDER 11246)
Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by EO 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Except as otherwise provided under 41 CFR Part 60, if this Agreement meets the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3, then during the performance of this Agreement, the CONTRACTOR agrees as follows:
(A) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(B) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on be‐ half of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (C) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR’S legal duty to furnish information.
(D) The CONTRACTOR will send to each labor union or representative of workers with which he has a 589
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collective bargaining agreement or other contract or understanding, a noticeto be provided advising the said labor union or workers' representatives of the CONTRACTOR’S commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (E) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (F) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (G) In the event of the CONTRACTOR’S noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be im‐ posed and remediesinvoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(H) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the CITY may direct
as a means of enforcing such pro‐ visions, including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomesinvolved in, or is threatened with, litigation with a sub‐contractor or vendor as a result of such direction by the CITY, then the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work.
(I) The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the CITY under the pro‐ gram with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from the CITY; and refer the case to the Department of Justice for appropriate legal proceedings. 590
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Bidders Name: ____________________________
(Submit with Bid Proposal)

6. CERTIFICATE OF NONSEGREGATED FACILITIES (FAR 52.222-23) (A) “Segregated facilities”, as used in this provision, means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated 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. (B) By the submission of a bid, the Bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract, agreement, or purchase order.
(C) By submission of the bid, the Bidder further agrees that (except where it has obtained identical certification from proposed SUBCONTRACTORS for specific time periods) it will:
i. Obtain identical certification from proposed SUBCONTRACTORS before the award of subcontracts under which the SUBBIDDER will be subject to the Equal Opportunity clause; ii. Retain such certifications in its files; and
iii. Forward this certification and the following notice to the proposed SUBCONTRACTORS:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR

CERTIFICATION OF NON-SEGREGATED 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, semiannually, or annually). (D) By commencing performance of the contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

7. COPELAND “ANTI-KICKBACK” ACT (40 U.S.C. 3145)
CONTRACTOR must comply with the Copeland ‘‘Anti‐Kickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ‘‘Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States’’). Under the Copeland ‘‘Anti‐ Kickback’’ Act, the CONTRACTOR and all subcontractors are 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 CITY must report all suspected or reported violations to the Federal awarding agency.

8. CLEAN AIR ACT (42 U.S.C. 7401-7671) & FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251-1387; 49 CFR 18.36) (applies to purchases of more than$150,000) (A) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 etseq.
(B) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (C) The Contractor agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to the City of Visalia and understands and agrees that the City will report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(D) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.
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Bidders Name: ____________________________
(Submit with Bid Proposal)

9. DRUG-FREE WORKPLACE CERTIFICATION (41 U.S.C. 8103)
The BIDDER certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The BIDDER will:
(A) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). (B) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees of all the following:
i. The dangers of drug abuse in the workplace,
ii. The person’s or organization's policy of maintaining a drug-free workplace, iii. Any available counselling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees for drug abuse violations. (C) Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract, agreement, grant, or purchase order:
i. Will receive a copy of the company’s drug-free workplace policy statement, and ii. Will agree to abide by the terms of the company’s statement as a condition of employment on the contract, agreement, grant, or purchase order.
(D) At the elections of the BIDDER or CONTRACTOR, from and after the “Date Executed” and until __________ (NOT TO EXCEED 36 MONTHS), the government agency will regard this certificate as valid for all contracts, agreements, grants, or purchase orders entered into between the BIDDER and this government agency without requiring the BIDDER to provide a new and individual certificate for each contract, agreement, or purchase order. If the BIDDER elects to fill in the blank date, then the terms and conditions of this certificate were separately, specifically, and individually provided for each contract, agreement, or purchase order between the BIDDER and this government agency.

10. IRAN CONTRACTING ACT CERTIFICATION (PUBLIC CONTRACT CODE SECTION 2200 et seq.) As required by California Public Contract Code Section 2204, the BIDDER/CONTRACTOR certifies, subject to penalty for perjury, that the option checked below relating to the BIDDER/CONTRACTOR’S status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq) is true and correct:
(A) The BIDDER/CONTRACTOR is not:
i. Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
ii. A financial institution that extends for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. (B) The City has exempted the BIDDER/CONTRACTOR from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the contract, agreement, or purchase order. (C) The amount of the contract, agreement, or purchase order payable to the BIDDER/CONTRACTOR for the project does not exceed $1,000,000 over the life of the contract, agreement, or purchase order (up to 5 years).

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the contract, agreement, or purchase order amount, termination of the contract, agreement, or purchase order amount, and/or eligibility to bid on contracts for three years. 592
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Bidders Name: ____________________________
(Submit with Bid Proposal)

11. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements Notice is hereby given that this is a public works project and therefore, subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must: Register on an annual basis with the California Department of Industrial Relations (DIR) and furnish electronic payroll records 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 submitted by unregistered contractors or that list unregistered subcontractors will be rejected.

A contractor or subcontractor shall not be qualified to bid on, be listed 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 Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a prehire collective bargaining agreement that establishes terms and 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 Visalia has no ordinances requiring or prohibiting such agreements.

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.
❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.
❑ As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations. ❑ As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html . ❑ The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice 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 section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site. 593
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Bidders Name: ____________________________
(Submit with Bid Proposal)
❑ 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 weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.
o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776.
o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location. ❑ The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f). ❑ As set forth in labor code 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 set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works 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 forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.
o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take 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 work performed on the public works project, the contractor shall obtain 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 employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
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Bidders Name: ____________________________
(Submit with Bid Proposal)
❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
❑ Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division 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 section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen 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 apprenticeable occupations employed on the contract. As stated in 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 general or prime contractor when the contract is less than thirty thousand dollars ($30,000). ❑ As stated in section 1777.7(e), the prime contractor 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 works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within 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 contractor shall take corrective action, including , but 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 penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project. ❑ The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers 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 forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.

Bidders Name: ____________________________
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(Submit with Bid Proposal)

ACKNOWLEDGMENT
The official named below acknowledges that they are duly authorized legally to bind the BIDDER/CONTRACTOR to the certifications listed above. They acknowledge that they are fully aware that this certification, executed on the date below, in made under penalty of perjury under Federal and State of California laws.

BIDDER/CONTRACTOR FIRM NAME FEDERAL ID NUMBER
BY (Authorized Signature) DATE EXECUTED

PRINTED NAME OF SIGNER TELEPHONE NUMBER
( )
TITLE
BIDDER/CONTRACTOR FIRM’S MAILING ADDRESS
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SECTION 3
Sample Contract
State Prevailing Wage Rates
City of Visalia Labor Compliance Manual
Additional Attachments
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SAMPLE CONTRACT
PROJECT: CONSTRUCTION OF RIVERWAY SPORTS PARK FENCING
(City of Visalia Bid No. 24-25-53)
This Agreement, entered into and effective this ________ day of ________________, 2025 [“Effective Date”], by and between the City of Visalia, hereinafter referred 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 individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires completion of the Riverway Sports Park Fencing Project, which was let to bid on ___________ as evidenced by Bid No. 24-25-53 (the “Project”); and
WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for the Project; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The indemnification and defense provisions shall survive expiration and termination.

Suspension or termination of this Agreement may occur if CONTRACTOR materially fails to comply with any term of the award. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 Contract General Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 24-25-53, Riverway Sports Park Fencing Project Attachment 4 CONTRACTOR’s bid in response to Bid No. 24-25-53

3. CONTRACTOR SCOPE OF SERVICES:

CONTRACTOR shall provide all services/products as requested in Bid No. 24-25-53 for the stated compensation on or before the stated completion dates.

4. CITY COMMITMENTS:

CITY shall perform the following tasks on or before the stated completion dates:
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TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced Within 45 days of receipt of approved invoice.

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay no more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY. *CONTRACTOR may elect to avoid the 5% retention by depositing securities of equivalent value pursuant to California Public Contract Code Section 22300.

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 under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is 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: $ (Contractor’s Stated Bid Amount)
Payment Schedule: Within 45 days from receipt of approved invoice for completed work, less 5% retention until 35 days after work is completed and accepted by CITY as evidenced by the recordation of a Notice of Completion* 599
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Attachment 1 - CONTRACT GENERAL PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

B. Prohibition of Assignment: Neither 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 personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, 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 Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments 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, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

H. Indemnification: The CONTRACTOR waives any and all claims and recourse against 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 with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability 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.

2. ONE YEAR GUARANTEE: Besides guarantees required elsewhere, CONTRACTOR shall and hereby does guarantee the project work for a period of one year after the date of acceptance by CITY.

3. WARRANTIES: Warranties required by the Invitation to Bid or this Agreement shall commence on the date of acceptance of the work by CITY, unless otherwise provided in a Certificate of Substantial Completion.

CONTRACTOR warrants that the materials and equipment furnished under the Agreement will be new and of recent manufacturer unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Agreement. Work that does not conform may be considered defective. This warranty excludes 600
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remedy for damage or defect caused by abuse, modifications not executed by the CONTRACTOR, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.

CONTRACTOR warrants that title to all work covered by an application for payment will pass to the CITY either by incorporation in the construction or upon the receipt of payment by the CONTRACTOR, whichever occurs first, free and clear of all liens.

CONTRACTOR warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to CITY no later than the time of payment free and clear of all liens.

No materials or supplies for the project shall be purchased by the CONTRACTOR or SUBCONTRACTOR subject to any mortgage or under a condition of sale contract or other agreement by which an interest is retained by the seller.

CONTRACTOR warrants that it has good title to all materials and supplies used by it in the project, free from all liens.

CONTRACTOR shall indemnify and hold CITY harmless from all claims growing out of the lawful demands of SUBCONTRACTORS, laborers, workers, mechanics, material persons, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, incurred in furtherance of the performance of this Agreement.

CONTRACTOR shall, at CITY’s request, furnish satisfactory evidence that all obligations of the nature here and above designated have been paid, discharged, or waived. If CONTRACTOR fails to do so, then CITY may, after having served written notice on the CONTRACTOR, either pay directly unpaid bills, of which the CITY has written notice, or withhold from the CONTRACTOR’s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged where upon payment to the CONTRACTOR shall be resumed, in accordance of the terms of this Agreement, but in no event shall the provisions of this sentence be construed to impose any obligations on the CITY to either the CONTRACTOR or its surety. In paying any unpaid bills of the CONTRACTOR, the CITY shall be deemed the agent of the CONTRACTOR and any payment so made by the CITY shall be considered as payment made under the contract by the CITY to the CONTRACTOR and the CITY shall not be liable to the CONTRACTOR for any such payments made in good faith.

Any defective work that is either corrected or replaced shall be warrantied and guaranteed for a period of one year from the date of such correction or replacement.

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

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

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

M. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

N. Time is of the Essence: Time is of the essence in the performance of the construction anticipated by this Contract. 601
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O. Liquidated Damages: City and contractor acknowledge and agree that time is of the essence for this project. Therefore, for each day the project is delayed beyond the agreed completion date of sixty (60) calendar days, it would be extremely difficult and impractical to ascertain the extent of the detriment to city. The parties have determined and agreed that the actual amount of damages that would be suffered by city as a result of any such delay is the sum of two hundred dollars ($200.00) per day, which is a reasonable estimate of the amount of such damages. The payment of such amount as liquidated damages is not intended as a forfeiture or penalty within the meaning of California civil code sections 3275 or 3369, but is intended to constitute liquidated damages to city pursuant to California civil code sections 1671, 1676 and 1677. City hereby waives the provisions of California civil code section 3389. City agrees that these liquidated damages shall be in lieu of any other monetary relief or other remedy for delay, including, without limitation, specific performance, to which city might otherwise be entitled under this agreement, at law or in equity, and shall be city’s sole and exclusive right and remedy, except that city may terminate the agreement.
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Attachment 2 - CONTRACT INSURANCE REQUIREMENTS

1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this 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 CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.

2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement.

This insurance coverage shall not be required if vehicle used by CONTRACTOR is not a material part of performance of this Agreement.
c. Comprehensive or Commercial General Liability Insurance coverage in the minimum 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
d. Professional Liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).

4. Other Insurance Provisions.

If any insurance coverage required in this Agreement is provided 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 Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 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 Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
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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 CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated 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
604
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SAMPLE FINAL PAYMENT AFFIDAVIT
I, declare under penalty of perjury
(Affidavit’s Name)
under the laws of the State of California and the provisions of the California Labor Code §1771, §1773.1, §1775, §1776, §1777.5, §1813 and §1815 that:

1. I am the of ___
(Officer, Owner, Partner) (Company)
and I am responsible for the payment of persons employed by:
(Company)
who performed work on the City of Visalia Project entitled:

RIVERWAY SPORTS PARK FENCING PROJECT

2. During all payroll periods from through ,
(first work date) (last work date)
All persons employed by on this project
(Company)
have at all times been paid, at a minimum, the specified general prevailing rate of per diem wages and any amounts due.

3. During all payroll periods on this project, all apprenticeship requirements have been complied with.

Executed and sworn to this day of ,
(Day) (Month) (Year)
___________________________________ __________________
(Signature) (Date)
605
Construct Riverway Sports Park Fencing Project RFB-24-25-53 Addendum #1 Page 1 of 2
City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291 (559)713-4334
[email protected]

CITY OF VISALIA, CA

REQUEST FOR BIDS
RFB-24-25-53

CONSTRUCT RIVERWAY SPORTS PARK FENCING PROJECT
ADDENDUM NO. 1
Issued: May 23, 2025
Submittals Due: Thursday, June 19, 2025, at 2:00pm
Addendum No. 1 is being issued to provide responses to some of the questions that have been received and to extend the bid submittal deadline which will allow staff time to fully respond to all other questions that have been received regarding this project. This addendum must be signed and submitted with bid.

ITEM 1: EXTENSION OF BID SUBMITTAL DEADLINE
The deadline for submitting bids in response to this RFB has been extended to:

Thursday, June 19, 2025, at 2:00pm
ITEM 2: QUESTIONS/RESPONSES
Q. 1 63 DOUBLE DRIVE GATES: Will these Gates be acting independently? Or will they be a "Master-Slave" configuration? so they both open at the same time? Response: The City will require the vehicle entry gates to operate together (open and close at the same time).

Q. 2 Will Extra Safety Devices such as PhotoEyes be required for all swinging gates in the path of open travel, for Pedestrian Safety?
Response: Add two photo-eyes at each gate to protect pedestrians standing near the curb or in the entrapment zone.

Q.3 Will Painted lines on the road or added speed bumps be required to show the travel of the gate towards Traffic?
Response: Painted lines to show the gate path of travel will be required. 606
Construct Riverway Sports Park Fencing Project RFB-24-25-53 Addendum #1 Page 2 of 2
Q.4 GIDDINGS RD DOUBLE SWING GATES: Will these Gates be acting independently? Or will they be a "Master-Slave" configuration? so they both open at the same time? Response: The City will require the vehicle entry gates to operate together (open and close at the same time).

Q.5 What is the current state of the existing circuit that is to supply power for these 2 operators? Response: The existing circuit currently operates the entryway ground lighting. The City would like to pull from this circuit to operate the vehicle gates. If the circuit is not suitable to achieve this the City will work with our contracted electrician to supply power to the existing Christy box at the Giddings entrance.

Q. 6 SHANNON PKWY GATES: For the 2 Single Drive Gate, Will A 120 Transformer be required to match The power supply for the gates near Hwy 63? Or can we Tap directly from the 3 Phase 4 wire Panel by the install location?
Response: step-down transformer will be required to match the power supply at the Highway 63/Dinuba Blvd entrance.

Q.7 The Driveway is 18' From Curb Face to Curb Face. Fire Code for Driveways in The City of Visalia is 20'. Will the City be Liable for correcting this issue if it were to arise? Response: The City Fire Marshal confirmed that the driveway will NOT need to be altered to meet Fire Code.

Q.8 Is it the Contractor's responsibility to remove the 4 existing trees in the Median that is to be removed? Response: It will be the contractor’s responsibility to remove the 4 existing trees in the median.

ITEM 3: FUTURE ADDENDA
The remaining questions we have received will be responded to in an upcoming Addendum which may be issued in the next couple of weeks.

END OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334
RESPONDENT to sign and submit with BID
Firm: Date:

By:

Bidder’s Signature
607
Construct Riverway Sports Park Fencing Project RFB-24-25-53 Addendum #2 Page 1 of 2
City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291 (559)713-4334
[email protected]

CITY OF VISALIA, CA

REQUEST FOR BIDS
RFB-24-25-53

CONSTRUCT RIVERWAY SPORTS PARK FENCING PROJECT
ADDENDUM NO. 2
Issued: June 2, 2025
Submittals Due: Thursday, June 19, 2025, at 2:00pm
Addendum No. 2 is being issued to provide responses to questions that have been received. This addendum must be signed and submitted with bid.

ITEM 1: QUESTIONS/RFI & RESPONSES

1. PLEASE PROVIDE DETAIL DRAWING FOR IRON MAN GATES, DOUBLE GATES, AND DRIVE GATES. LINE ITEM 3, LINE ITEM 4, LINE ITEM 5.

Response: The City does not have detail drawings for the gates. Gates shall be constructed of like materials that are included in Exhibit L iron fencing standards.

2. PLEASE PROVIDE DETAIL DRAWING FOR CHAIN LINK MAN GATES. LINE ITEM 7, LINE ITEM 8.

Response: The City does not have detail drawings for the gates. Gates shall be constructed of like materials that are included in Exhibit M chain link fencing standards

3. PROJECT SCHEDULE OF 60 DAYS FROM NOTICE TO PROCEED IS INCREIBLY FAST, NEARLY IMPOSSIBLE. WOULD THE CITY ALLOW 120 DAYS FROM NOTICE TO PROCEED FOR THE PROJECT SCHEDULE? Response: The City would be willing to extend the 60 day completion period to 90 days.

4. PLEASE PROVIDE ELECTRICAL DRAWINGS SHOWING EXACT LOCATIONS OF POWER SUPPLY FOR GATE OPERATORS.

Response: Please see attached electrical plans.

5. IF THE CITY WOULD CONSDER PULLING SUPPLYING ELECTRICAL POWER TO GATE OPERATORS FROM THE CONTRACTORS SOW…. THIS WOULD LIKELY SIGNIFICANTLY DECREASE THE COST.

Response: The awarded contractor will be required to pull the electrical power to the gate operators. 608
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6. PLEASE PROVIDE CONCRETE SPECIFICATION FOR FENCE FOUNDATIONS, MOW STRIP AND SIDEWALK. LINE ITEM 1, LINE ITEM 9, LINE ITEM 10.

Response: See Exhibit L iron fencing standards.

7. PLEASE PROVIDE ASPHALT SPECIFICATION FOR ASPHALT PATCH BACK. LINE ITEM 14.

Response: See attached Riverway Sports Park Asphalt Detail.

8. PLEASE PROVIDE A LINE ITEM AND ESTIMATE FOR QUANTITY OF SPRINKLER LATERALS THAT IS ANTICIPATED TO BE EFFECTED BY FENCE LINE.

Response: See attached irrigation plans for quantity.

9. PROVIDE SPRINKLER SPECIFICATIONS: SPACING, PIPE SIZING, SPRINKLER HEAD SPECIFICATION, ETC. NON PROVIDED.

Response: See attached irrigation plans for pipe size and sprinkler specifications

10. PLEASE PROVIDE KNOX BOX / SWITCH SPECIFICATION. NONE PROVIDED.

Response: See attached Knox Box/Switch specifications.

11. PLEASE CONFIRM THAT THERE IS NO BUY AMERICAN CLAUSE FOR THE MATERIALS FOR THIS PROJECT AND THAT IMPORTED MATERIALS ARE ACCEPTABLE.

Response: There is no Buy American requirement for the Riverway Sports Park Fencing project.

12. AS DISCUSSED AT JOB WALK - CITY HAS BEEN MADE AWARE THAT THE ENGINEERS ESTIMATE OF $1,500,000 IS SIGNIFICANTLY UNDER BUDGET. PROJECT IS LIKELY TO EXCEED $4,000,000+. PLEASE CONFIRM CITY IS UNDERSTANDING OF THIS.

Response: The $1,500,000 is an estimate. Depending on availability of funding and the amount of the lowest bid, the City Council may elect to appropriate additional funding or reduce the scope of work through a change order to reduce cost.

13. REGARDING INSTALLING VEHICLE DRIVE GATES AT ALL ENTRANCES TO VARIOUS PARKS: ARE THERE ANY CODES THAT PROHIBIT AN AUTOMATED GATE FROM BEING INSTALLED IN A PRE-EXISTING 18’ CLEAR DRIVEWAY?
Response: No, there is nothing prohibiting automated gates; however, if they are installed across a fire apparatus road then Knox Key Switches will be required, and the gate shall be a minimum of 20’ wide.

END OF ADDENDUM NO. 2
/s/ Purchasing Division
(559) 713-4334
RESPONDENT to sign and submit with BID
Firm: Date:

By:

Bidder’s Signature
609
Construct Riverway Sports Park Fencing Project
Addendum#3
RFB-24-25-53

Page 1 of 1 ends

City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291 (559)713-4334
[email protected]

CITY OF VISALIA, CA

REQUEST FOR BIDS
RFB-24-25-53
ADDENDUM NO. 3
Issued: June 11, 2025
Submittals Due: Thursday, June 19, 2025, at 2:00pm
Addendum No. 3 is being issued to provide updated prevailing wages for the project. This addendum must be signed and submitted with bid.

ITEM 1: UPDATED PREVAILING WAGE RATES
Please see the attachment for updates to the prevailing wage rates that were issued with this RFB.

END OF ADDENDUM NO. 3
Isl Purchasing Division
(559) 713-4334
RESPONDENT to sign and submit with BID
Firm:

By:

Date:
610
Construct Riverway Sports Park Fencing Project RFB-24-25-53 Addendum #4 Page 1 of 2
City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291 (559)713-4334
[email protected]

CITY OF VISALIA, CA

REQUEST FOR BIDS
RFB-24-25-53

CONSTRUCT RIVERWAY SPORTS PARK FENCING PROJECT
ADDENDUM NO. 4
Issued: June 17, 2025
Submittals Due: Thursday, June 26, 2025, at 2:00pm
Addendum No. 4 is being issued to extend the bid submittal deadline, provide a REVISED Bid Form and respond to questions. This addendum must be signed and submitted with bid.

ITEM 1: BID SUBMITTAL DEADLINE HAS BEEN EXTENDED
The deadline for submitting a bid for this project RFB-24-25-53, has been extended. Bids are due:

No later than Thursday, June 26, 2025 at 2:00pm.

ITEM 2: QUESTIONS/RESPONSES

1. Per Addendum 2 Item 1 Question 8, where would you like us to allocate the price for the " ESTIMATE

FOR QUANTITY OF SPRINKLER LATERALS THAT IS ANTICIPATED TO BE EFFECTED BY FENCE LINE"? There is no updated Bid Form to allocate the cost please advise.

Response: The Bid Form has been REVISED and included with this Addendum. Bidder shall remove pages 12, 13 and 14 of the original RFB document and replace with the REVISED BID FORM PAGES included with this Addendum. Bidder is instructed to submit bid on the REVISED BID PAGES.

Please note that because this was inserted to the Bid Form as Item 3, all other Bid item numbers after that have been renumbered.

2. Can you please provide clarification on this project? Exhibit L for Wrought Iron Fencing calls for 1'' x 14 GA picket, 2'' x 3/16'' rail, and 4'' x 3/16'' post. These are not offered as a standard product from any of my suppliers. This product will have to be custom-fabricated and will take a significant amount of time and extra expense. In the interest of keeping to the proposed project schedule and budget, will the owner consider utilizing a standard panel from one of the industry suppliers with a 16 GA picket, 14 GA rail, and a 11 GA post? 611
Construct Riverway Sports Park Fencing Project RFB-24-25-53 Addendum #4 Page 2 of 2
Response: We will not consider changing our specification since we are using the Caltrans specification for material used on Hwy 198 and our East Side Regional Park wells which is stronger and has not been vandalized for access.

END OF ADDENDUM NO. 4
/s/ Purchasing Division
(559) 713-4334
Attachment 1: REVISED BID FORM
RESPONDENT to sign and submit with BID
Firm: Date:

By:

Bidder’s Signature
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
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WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:

3. CONTRACTOR SCOPE OF SERVICES:

CONTRACTOR shall provide all services/products as requested in Bid No. 24-25-53 for the stated compensation on or before the stated completion dates.

4. CITY COMMITMENTS:

CITY shall perform the following tasks on or before the stated completion dates:
652
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TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced Within 45 days of receipt of approved invoice.

5. COMPENSATION:

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

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: $ (Contractor’s Stated Bid Amount)
Payment Schedule: Within 45 days from receipt of approved invoice for completed work, less 5% retention until 35 days after work is completed and accepted by CITY as evidenced by the recordation of a Notice of Completion* 653
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Attachment 1 - CONTRACT GENERAL PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

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.

2. ONE YEAR GUARANTEE: Besides guarantees required elsewhere, CONTRACTOR shall and hereby does guarantee the project work for a period of one year after the date of acceptance by CITY.

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remedy for damage or defect caused by abuse, modifications not executed by the CONTRACTOR, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.

CONTRACTOR warrants that it has good title to all materials and supplies used by it in the project, free from all liens.

Any defective work that is either corrected or replaced shall be warrantied and guaranteed for a period of one year from the date of such correction or replacement.

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

N. Time is of the Essence: Time is of the essence in the performance of the construction anticipated by this Contract. 655
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656
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Attachment 2 - CONTRACT INSURANCE REQUIREMENTS

This insurance coverage shall not be required if vehicle used by CONTRACTOR is not a material part of performance of this Agreement.

c. Comprehensive or Commercial General Liability Insurance coverage in the minimum 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
d. Professional Liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).

4. Other Insurance Provisions.

5. Endorsements.

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6. Proof of Coverage.

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

658
659
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0298 Agenda Date: 7/21/2025 Agenda #: 26.

Agenda Item Wording:

Record Final Subdivision Map - Request authorization to record the final map for Pearl Woods Phase 1 subdivision, located at the southwest corner of McAuliff Street and Cherry Avenue (105 Lots); and, request authorization to initiate proceedings for the formation of Landscape and Lighting Assessment District No. 25-06 “Pearl Woods”, and ordering and levying the annual assessments for Landscape and Lighting Assessment District No. 25-06 “Pearl Woods”. (Resolution Nos. 2025-56 and 2025-57 required).

Prepared by:

Sarah MacLennan, Assistant Engineer, [email protected], (559) 713-4271 Adrian Rubalcaba, Sr. Project Manager, [email protected], (559)713-4507 Jason Huckleberry, Engineering & Building Department Director, [email protected] , (559) 713-4495 Department Recommendation: Staff recommends that City Council authorize the recordation of the final map for Pearl Woods Phase 1 subdivision, located at the southwest corner of South McAuliff Street and East Cherry Avenue (105 Lots). Staff also recommends the adoption of Resolution No. 2025-56 initiating proceedings for the formation of Landscape and Lighting Assessment District No. 25-06 “Pearl Woods” and adopt Resolution No. 2025-57 ordering the improvements and levying the annual assessments for Assessment District No. 25-06 “Pearl Woods”.

Summary:

The final map for Pearl Woods Phase 1 subdivision will subdivide an 18.29-acre parcel into 105 single-family residential lots. The proposed single-family subdivision will be accessible from McAuliff Street and Cherry Avenue and serviced by the interior local public streets with full improvements such as curb, gutter, parkway landscaping, sidewalk, streetlights, and other public utility infrastructure (i.e., sewer lines, storm drainage, gas, electricity, and water).

The final map is ready for recording. All bonds, cash payments, subdivision agreement, and final map have been submitted by the developer, PVW Capital LP, as follows: 1) An executed subdivision agreement; 2) a Faithful Performance Bond in the amount of $6,132,945.85; 3) a Labor and Materials Bond in the amount of $3,066,742.93; 4) an Faithful Performance Bond for retention and preservation of Valley Oak trees in the amount of $10,000.00 per Tree and 5) final map. All required items have been submitted and approved by the City prior to the final map being executed and recorded.

The Landscape and Lighting Assessment District No. 25-06 has been reviewed and approved as to form by the Landscape and Lighting District Committee. All new landscaping installed within the development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO).

MWELO required that landscaping and irrigation plans be certified by a qualified entity (i.e., a Landscape Architect) as meeting the State and City’s water conservation requirements. In addition, MWELO increases water efficiency standards for new landscapes through use of more efficient irrigation systems, inclusion of drought tolerant plan and tree species, and by limiting the portion of Visalia City Council Page 1 of 3 Printed on 7/18/2025
powered by Legistar™660
File #: 25-0298 Agenda Date: 7/21/2025 Agenda #: 26.
landscape that can be covered in turf.

Background Discussion:

The Faithful Performance Bond covers the cost of constructing the public improvements noted in the subdivision agreement and the Labor and Material Bond covers the salaries and benefits as well as the materials supplied to install the required public improvements. As required by the Subdivision Ordinance, the Faithful Performance Bond covers 100% of the cost of the public improvements. The Labor and Material Bond is valued at 50% of the Faithful Performance Bond. A Maintenance Bond valued at 10% of the cost of the public improvements will be required prior to recording the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement. The cash payment covers Development Impact Fees such as storm water acquisition, waterways, sewer front foot fees, and any outstanding plan check and inspection fees. The plan check and inspection fees are estimated at the beginning of the final map process and are not confirmed until the subdivision agreement is finalized. Differences are due in cash at the time of City Council approval of the map.

The City of Visalia has been allowing the developers of subdivisions to form assessment districts under the Landscape and Lighting Act of 1972, and now under Proposition 218, in lieu of using homeowners associations for the maintenance of common features such as landscaping, irrigation systems, street lights, street trees, and local streets. The maintenance of these improvements is a special benefit to the development and enhances the land values to the individual property owners in the district.

The Landscape and Lighting Act allows for the use of summary proceedings when all the affected property owners have given their written consent to waive the requirement for a public hearing. The notice period is also waived. The owner of this development has given their written consent to waive the public hearing and form this district. The use of summary proceedings allows for the initiation of proceedings and the final annexation action of the assessment district to be acted upon together as separate resolutions.

Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’s authorization to record the final map is a ministerial action. Specifically, Section 16.24.080 limits the City Council’s action to the specific determination that the final map conforms substantially to the contents of the tentative map, Chapter 16, and the Subdivision Map Act, and provides in pertinent part that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map (emphasis added).” Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject any and all offers of dedication in the final map pursuant to Section 16.24.080, and require that the City Engineer so indicate on the map, however staff’s recommendation is that the City Council authorize recordation of the final map and accept all offers of dedication as previously described in this report.

Fiscal Impact:
105 lots (Phase 1) of the 273-lot total (Phase 1, 2, & 3) will contribute to Landscape and Lighting Assessment District No. 25-06 created for maintenance of common features related to this subdivision (e.g., Pearl Woods). These common features include, but are not limited to, pavement on local streets, block walls, streetlights, street trees and landscaping and irrigation within and along the outlots. The annual lot assessment will be $726.17 per lot.

Visalia City Council Page 2 of 3 Printed on 7/18/2025
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File #: 25-0298 Agenda Date: 7/21/2025 Agenda #: 26.

Prior Council Action:

On June 10, 1987 Council authorized the use of landscape maintenance assessment districts per the Landscape and Lighting Act of 1972 for maintaining common area features that are a special benefit and enhance subdivisions.

Other:

On June 12, 2023 Planning Commission approved Annexation No. 2022-05, Pearl Woods Tentative Subdivision Map No. 5591, and Tentative Parcel Map No. 2023-07.

Alternatives: No alternatives are provided.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the recordation of the final map for Pearl Woods Phase 1 subdivision; the adoption of Resolution No. 2025-56 initiating proceedings for the formation of Assessment District No. 25-06 “Pearl Woods”; and the adoption of Resolution No. 2025-57 ordering the improvements and levying the annual assessments for Assessment District No. 25-06 “Pearl Woods”.

Environmental Assessment Status:

Mitigated Negative Declaration (MND) No. 2023-30 was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines CEQA Review:

The Tentative Map is considered Categorically Exempt under Section 15315 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) (Category Exemption No. 2023- 33)
Deadline for Action: 7/21/2025
Attachments:

1. Final Map

2. Aerial Map

3. Development Disclosure

4. Resolution Documents including Resolution Initiating Proceedings for Formation Clerk’s Certification Resolution Ordering the Improvements
Exhibit A - Assessment Diagram
Exhibit B - Landscape Location Diagram
Exhibit C - Tax Roll Assessment
Exhibit D - Engineer’s Report
Visalia City Council Page 3 of 3 Printed on 7/18/2025
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SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN

CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF D.R. HORTON ON NOVEMBER 1, 2021, AND SAID FIELD SURVEY IS TRUE AND CORRECT AS SHOWN. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY, OR WILL

OCCUPY, THE POSITIONS INDICATED ON OR BEFORE ONE YEAR OF THE RECORDING OF THIS MAP, AND ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

TIMOTHY M. ODOM, P.L.S. 8468 DATE

CITY SURVEYOR'S STATEMENT

I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND FIND IT TO BE SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.

MICHAEL E. LONG, PLS 6815 DATE

CITY SURVEYOR

RECORDER'S STATEMENT
DOCUMENT NO.

FEE PAID:

FILED THIS DAY OF , 202 , AT M. IN BOOK OF MAPS, AT
PAGE TULARE COUNTY RECORDS, AT THE REQUEST OF PROVOST & PRITCHARD INC.

TARA K. FREITAS, CPA

TULARE COUNTY ASSESSOR/CLERK-RECORDER
BY
DEPUTY

OWNER'S STATEMENT

THE UNDERSIGNED HEREBY CERTIFY THAT THEY ARE THE ONLY PERSONS HAVING ANY RECORD TITLE INTEREST IN THE

REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP, AND DO HEREBY CONSENT TO THE PREPARATION AND RECORDING OF SAID MAP AND THE CONSENT OF NO OTHER PERSON IS NECESSARY.

WE HEREBY OFFER FOR DEDICATION AND DO HEREBY DEDICATE THE FOLLOWING, AS SHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES:

1. RIGHTS OF WAY FOR MCAULIFF STREET, EVERGREEN AVENUE, SIMON STREET, LEAH STREET, TEAKWOOD STREET, LEBEC STREET, AND MANZANITA STREET IN FEE TO THE CITY OF VISALIA.

2. LOTS A, B, AND C, IN FEE TO THE CITY OF VISALIA FOR LANDSCAPING, PUBLIC UTILITIES, SIDEWALKS, PEDESTRIAN ACCESS, BLOCK WALLS, AND OTHER PUBLIC PURPOSES.

3. PUBLIC UTILITY EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF GAS LINES AND CONDUITS FOR ELECTRIC,

TELEVISION AND TELEPHONE SERVICES, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, AS SHOWN HEREON AND DESIGNATED AS "PUE" (PUBLIC UTILITY EASEMENT).

4. BLOCK WALL EASEMENTS, TO THE CITY OF VISALIA FOR THE INSTALLATION AND MAINTENANCE OF BLOCK WALLS,

TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, AS SHOWN HEREON AND DESIGNATED AS "BWE" (BLOCK WALL EASEMENT).

5. TEMPORARY TURNAROUND EASEMENTS, TO THE CITY OF VISALIA, AS SHOWN HEREON AND DESIGNATED AS "TTE" (TEMPORARY TURNAROUND EASEMENT), TO BE ABANDONED UPON THE DEVELOPMENT OF PARCEL 3 OF PARCEL MAP NO. 5453.

6. PEDESTRIAN ACCESS EASEMENTS FOR PEDESTRIAN ACCESS AND PUBLIC SIDEWALK PURPOSES, AS SHOWN HEREON AND DESIGNATED AS "PAE" (PEDESTRIAN ACCESS EASEMENT).

FOR: PWV CAPITAL LP, A CALIFORNIA LIMITED PARTNERSHIP.

BY: AHA DEVELOPMENT GROUP, INC., A CALIFORNIA CORPORATION, ITS GENERAL PARTNER.

BY: MATTHEW S. WATSON, PRESIDENT DATE

CITY CLERK'S STATEMENT

THIS IS TO STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VISALIA HELD ON THE DAY OF , 202 , AN ORDER WAS DULY AND REGULARLY MADE AND ENTERED INTO APPROVING THIS

MAP AND SUBDIVISION AND, ON BEHALF OF THE PUBLIC, ACCEPTING SUBJECT TO IMPROVEMENT, THE PUBLIC STREETS, AND

LETTERED LOTS A, B, AND C, AND ACCEPTING THE PUBLIC UTILITY EASEMENTS, THE BLOCK WALL EASEMENTS, THE

TEMPORARY TURNAROUND EASEMENTS, AND THE PEDESTRIAN ACCESS EASEMENTS, ALL INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION AND AS SHOWN UPON THIS MAP.

WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF VISALIA THIS DAY OF , 202 .

LESLIE B. CAVIGLIA

CITY MANAGER/CITY CLERK

CHIEF DEPUTY CITY CLERK

CITY PLANNER'S STATEMENT
I HEREBY STATE THAT THIS FINAL MAP CONFORMS TO THE TENTATIVE SUBDIVISION MAP 5591 PEARL

WOODS, APPROVED BY THE CITY OF VISALIA PLANNING COMMISSION AT THE REGULAR MEETING HELD ON JUNE 12, 2023.

PAUL BERNAL DATE

PLANNING AND COMMUNITY PRESERVATION DIRECTOR/CITY PLANNER

BOARD OF SUPERVISORS' STATEMENT
I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF

TULARE, STATE OF CALIFORNIA DO HEREBY STATE THE SAID BOARD OF SUPERVISORS HAS APPROVED THE PROVISIONS MADE FOR THE PAYMENT OF TAXES AS PROVIDED IN DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.

DATED THIS DAY OF , 20
JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/

CLERK OF THE BOARD OF SUPERVISORS
BY
DEPUTY
CONSISTING OF 3 SHEETS SHEET 1 OF 3
TIMOTHY M. ODOM

NOTARY ACKNOWLEDGEMENT

STATE OF CALIFORNIA

COUNTY OF
ON __________________, 20 BEFORE ME, _____________, A NOTARY PUBLIC IN AND FOR

SAID STATE AND COUNTY 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 PERFURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.

SIGNATURE PRINT NAME
MY COMMISSION EXPIRES:

PRINCIPAL PLACE OF BUSINESS
COMMISSION NO.

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.

FLOOD HAZARD NOTE
AS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY’S FLOOD INSURANCE RATE MAP (MAP NUMBER 06107C0945E) FOR COMMUNITY NO. 065066, TULARE COUNTY UNINCORPORATED AREAS, TULARE COUNTY, CALIFORNIA, EFFECTIVE JUNE 16, 2009, THE PROPERTY SHOWN ON THIS MAP LIES FULLY WITHIN A FLOOD ZONE AREA DESIGNATED ZONE X (SHADED), WHICH ARE AREAS OF 0.2-PERCENT ANNUAL CHANCE FLOODING, AREAS OF 1-PERCENT ANNUAL CHANCE FLOODING WHERE AVERAGE DEPTHS ARE LESS THAN 1 FOOT, AREAS OF 1-PERCENT ANNUAL CHANCE FLOODING WHERE THE CONTRIBUTING DRAINAGE AREA IS LESS THAN 1 SQUARE MILE, AND AREAS PROTECTED FROM THE 1-PERCENT ANNUAL CHANCE FLOOD BY LEVEES.

LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT

ALL THE REAL PROPERTY INCLUDED IN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP IS INCLUDED IN "ASSESSMENT DISTRICT NO. 25-06, CITY OF VISALIA, TULARE COUNTY, CALIFORNIA" ESTABLISHED PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972.

PROJECT LOCATION
BEING A DIVISION OF PARCEL 1 OF PARCEL MAP NO. 5453, PER THE MAP THEREOF RECORDED IN BOOK 55 OF PARCEL MAPS AT PAGE 61, TULARE COUNTY RECORDS, IN THE NORTH HALF OF SECTION 3, TOWNSHIP 19 SOUTH, RANGE 25 EAST, MOUNT DIABLO BASE & MERIDIAN, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA. 400 E. MAIN STREET, SUITE 300
VISALIA, CALIFORNIA 93291-6337
PHONE (559) 636-1166
FAX (559) 636-1177
www.provostandpritchard.com

NOTARY ACKNOWLEDGEMENT

STATE OF CALIFORNIA

COUNTY OF
ON __________________, 20 BEFORE ME, _____________, A NOTARY PUBLIC IN AND FOR

SAID STATE AND COUNTY 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 PERFURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.

SIGNATURE PRINT NAME
MY COMMISSION EXPIRES:

PRINCIPAL PLACE OF BUSINESS
COMMISSION NO.

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.

BENEFICIARY'S STATEMENT / OPTIONEE'S STATEMENT

THE UNDERSIGNED, BEING THE PRESENT OWNER AND HOLDER OF THAT CERTAIN NOTE AND DEED OF TRUST RECORDED JUNE 16, 2025 AS DOCUMENT NO. 2025-0028001, OFFICIAL RECORDS OF TULARE COUNTY, ENCUMBERING THE

LAND SHOWN ON THIS SUBDIVISION MAP, AND ALSO BEING THE BUYER IN THAT MEMORANDUM OF PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS RECORDED JUNE 16, 2025 AS DOCUMENT NO. 2025-0028000, OFFICIAL RECORDS OF TULARE COUNTY,HEREBY CONSENTS TO AND APPROVES THE RECORDING OF THIS MAP.

FOR: D.R. HORTON CA3, INC., A DELAWARE CORPORATION
BY

SIGNATURE DATE
NAME & TITLE: DAVID HATCH, VP AND DIVISION PRESIDENT
663
N18°09'22"E 265.57'
S88°34'10"E 102.04'
S1°25'50"W 50.00'
S88°34'10"E 162.04'
N1°25'50"E 4.08'
S88°34'10"E 270.00'
N1°25'50"E 4.08'
S88°34'10"E 270.00'
N1°25'50"E 4.02'
S88°34'10"E 266.00'
N1°25'50"E 3.22'
49 5,102 SF
63 5,250 SF
77 5,250 SF
91 5,150 SF
102
6,446 SF
5000 SF
40 5,990 SF 5000 SF
5000 SF
21 6,906 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
39 6,638 SF
53 5,102 SF
67 5,250 SF
81 5,250 SF
95 5,150 SF
44 6,105 SF
56 6,271 SF
55 5,102 SF
45 5,102 SF
46 5,102 SF
54 5,102 SF
47 5,102 SF
51 5,102 SF
48 5,102 SF
52 5,102 SF
59 5,250 SF
62 5,250 SF
65 5,250 SF
61 5,250 SF
66 5,250 SF
69 5,250 SF
60 5,250 SF
57 6,289 SF
68 5,250 SF
70 6,452 SF
58 5,250 SF
71 6,289 SF
84 6,452 SF
72 5,250 SF
83 5,250 SF
73 5,250 SF
82 5,250 SF
74 5,250 SF
79 5,250 SF
75 5,250 SF
80 5,250 SF
76 5,250 SF
87 5,150 SF
90 5,150 SF
93 5,150 SF
89 5,150 SF
94 5,150 SF
97 5,150 SF
88 5,150 SF
85 6,172 SF
96 5,150 SF
98 6,330 SF
86 5,150 SF
100
6,446 SF
99 7,191 SF
103
6,446 SF
101
6,446 SF
104
6,442 SF
5000 SF
5000 SF
2 6,300 SF 5000 SF
5000 SF
1 8,049 SF 5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
4 6,490 SF 5000 SF
5000 SF
3 6,687 SF

95.45' 63.00' 66.71' 66.21' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 68.80'

57.30'

50.00' 60.31'

50.00'

50.00' 50.00'

50.00'

50.00' 50.00'

54.13' 50.00'

56.87'

89.58' 89.16'

63.00' 57.37'

89.45' 89.14'

45.30' 50.00' 50.00' 49.14'

63.95' 50.00' 50.00' 61.21'
135.29'
100.00' 100.00'
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90.449' 91.193'
102.036' 102.036'
102.036' 102.036'
102.036' 102.036'
102.036' 102.036'
102.036' 102.036'
S88°34'10"E 102.036'
105.00' 105.00' 103.00'

50.00' 50.00' 50.00' 50.00'

50.00'

50.00' 50.00' 50.00' 50.00'

50.00' 50.00' 50.00' 50.00' 48.12'

61.26'

51.95'

50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 49.07'

94.45' 94.16'

51.95' 50.00' 50.00' 50.00' 50.00' 50.00'

50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 61.22'
105.00'
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105.00' 105.00'
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50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 49.07'

94.45' 94.16'

51.95' 50.00' 50.00' 50.00' 50.00' 50.00'

50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 61.22'
105.00' 105.00'
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50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 49.13'

92.45' 92.16'

51.95' 50.00' 50.00' 50.00' 50.00' 50.00'

50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 61.25'
103.00'
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50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 49.92'
S88°34'10"E 128.47'
S88°34'10"E 128.93'
S88°34'10"E 128.93'
S88°34'10"E 128.92'
S88°34'10"E 128.92'
S88°34'10"E 128.92'
N45°55'06"E 15.03'
S44°00'09"E 15.23' N45°59'51"E 15.05' S44°00'09"E 15.23' N45°59'51"E 15.05' N1°25'50"E 353.15'
S1°25'50"W 351.95'
N1°25'50"E 393.26'
N1°25'50"E 353.15'
S1°25'50"W 351.95'
N1°25'50"E 393.26'
N1°25'50"E 353.15'
N1°25'50"E 393.26'
N1°25'50"E 393.26'
N1°25'50"E 353.15'
S1°25'50"W 351.95'
S1°25'50"W 351.95'
N1°25'50"E 329.03'
N89°26'08"W 194.44' S89°26'08"E 914.17'
S89°26'08"E 264.10'
S89°26'08"E 181.64' S89°26'08"E 188.61' S89°26'08"E 188.61' 270.03'
S89°26'08"E 1017.03'
266.03'
S89°26'08"E 184.61'
210.94' 270.03'
S44°00'09"E 15.23' N45°59'51"E 15.05' S44°00'09"E 15.23' N45°59'51"E 16.53' S45°59'51"W 15.05'
127.49' 914.44' 40.86' 40.57'

62.00'
S89°26'08"E 685.19' S89°26'08"E 500.60'
S43°56'41"E 15.25'
N1°25'50"E 361.26'
N1°25'50"E 361.22'
N1°25'50"E 361.25'
S89°26'08"E 935.01'
S89°26'08"E 225.16'
N1°25'50"E 582.17'
S00°33'52"W 100.00'
S00°33'52"W 100.00'
S00°33'52"W 100.00' N00°33'52"E
100.00'
N00°33'52"E
100.00'
S1°25'50"W 178.74'
S1°25'50"W 178.59'
N1°25'50"E 230.03'

30.00' 30.00' 30.00' 30.00' 30.00' 30.00' 30.00' 30.00' S88°34'10"E 204.07'
S88°34'10"E 204.07'
S88°34'10"E 204.07'
S88°34'10"E 204.07'
S88°34'10"E 204.07' S88°34'10"E 210.00'
S88°34'10"E 210.00'
S88°34'10"E 210.00'
S88°34'10"E 210.00'
S88°34'10"E 210.00'
S88°34'10"E 210.00' N1°25'50"E 361.22'
S88°34'10"E 210.00'
S88°34'10"E 210.00'
S88°34'10"E 210.00'
S88°34'10"E 210.00'
S88°34'10"E 210.00'
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S88°34'10"E 206.00'
S88°34'10"E 206.00'
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S88°34'10"E 206.00'
S88°34'10"E 206.00'
S88°34'10"E 206.00'
N0°33'52"E 200.00'N0°33'52"E 200.00'
N0°33'52"E 200.00'
N0°33'52"E 200.00'
N0°33'52"E 200.00'
N0°33'52"E 200.00'
N0°33'52"E 200.00'
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N0°33'52"E 200.00'
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N0°33'52"E 200.00'
N0°33'52"E 200.00'
5 6 7 8
38 37 36 35
18 10 17 9 13 14 15 16 20
12 19 11
30 27 26 25 24 23 32 31 29 28 34 33
N1°25'50"E 28.00'
168.77' 331.83'

7.12'

7.92'
42 41
S44°00'09"E 42.11'
N0°33'52"E
S10°14'35"W
S44°00'09"E 15.23'
S88°34'10"E 135.73'
S46°21'45"W 14.96'
105
6,365 SF
R=328.00'
L=55.41'
Δ=9°40'43"
125.70'

45.42' 50.00' 50.00'
S89°26'08"E 1185.37'
230.026' 312.957'

19.73'
109.80'
S1°25'40"W 542.98'
22 6,755 SF

90.01'

50.00' 50.00' 90.01'
N1°25'50"E 298.12'
349.07'
349.07'
349.13'
349.92'

7.12'

8.06'
N1°25'50"E 287.88'
64 5,250 SF
50 5,102 SF 78
5,250 SF
92 5,150 SF
102.036' 105.00' 105.00' 103.00' 50.00' 50.00' 50.00'

50.00'
43 8,533 SF
LOT C
1,887 SF

50.00'
S1°20'08"W 316.02'
S1°25'50"W 299.48'
C1
C3
N61°54'14"W

7.14'
LOT A
1,700 SF
LOT B
4,103 SF
C2

7.65'

20.47'
N88°34'10"W

CURVE TABLE
NUMBER
C1
C2
C3
LENGTH

93.34'

27.92'

65.42'
RADIUS

60.00'

60.00'
DELTA
89° 08' 02"
26° 39' 56"
62° 28' 06"

SUBDIVISION BOUNDARY LINE
M&R INDICATES MEASURED AND RECORD DATA PER PARCEL MAP NO. 5453, RECORDED IN BOOK 55 OF PARCEL MAPS AT PAGE 61, T.C.R.
(R) RADIAL BEARING
T.C.R. TULARE COUNTY RECORDS
O.R.T.C. OFFICIAL RECORDS OF TULARE COUNTY

PUE PUBLIC UTILITY EASEMENT

BWE BLOCK WALL EASEMENT
℄ CENTERLINE
PAE PEDESTRIAN ACCESS EASEMENT (SEE DETAIL, SHEET 3)
TEMPORARY TURNAROUND EASEMENT (SEE DETAIL, SHEET 3)
LEGEND
MONUMENT, FOUND & ACCEPTED AS DESCRIBED IN TABLE ON SHEET 3 FOUND & ACCEPTED 3/4" IRON PIPE, "PLS 8468", PER PARCEL MAP NO. 5453, RECORDED IN BOOK 55 OF PARCEL MAPS AT PAGE 61, T.C.R.

SET 3/4"x30" IRON PIPE WITH TAG MARKED "LS 8468", DN 6" UNLESS

OTHERWISE NOTED
WITNESS CORNER: SET 3/4"x30" IRON PIPE WITH TAG MARKED "LS 8468", DN 6", ON PROPERTY LINE AND 4' DISTANT FROM THE INTERSECTING LINE, AT

RIGHT-ANGLES
SET BRASS DISK, STAMPED "PLS 8468", FLUSH IN CONCRETE
BEING A DIVISION OF PARCEL 1 OF PARCEL MAP NO. 5453, PER THE MAP THEREOF RECORDED IN BOOK 55 OF PARCEL MAPS AT PAGE 61, TULARE COUNTY RECORDS, IN THE NORTH HALF OF SECTION 3, TOWNSHIP 19 SOUTH, RANGE 25 EAST, MOUNT DIABLO BASE & MERIDIAN, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA.

CONSISTING OF 3 SHEETS SHEET 2 OF 3

CHERRY AVENUE
WOODSIDE SOUSA PROPERTY UNIT NO. 1, RM 42-75
QUAIL RIVER SUBDIVISION, RM 42-43

TEAKWOOD STREET

SIMON STREET

MCAULIFF STREET
PARCEL 3, P.M. NO. 5453
30'
30' 30'
30' 30'
30'
30'
30'
30'
30'
30'
30'
30'
30'
30'
30'
30'
30'
30'
30'
30'
30'
42'
SEE DETAIL B, SHEET 3
SEE DETAIL B, SHEET 3
42'
28' 28'
28' 28'
SEE DETAIL A, SHEET 3
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
2' BWE
2' BWE
M&R
M&R
M&R
M&R
M&R
M&R
M&R
M&R
M&R
M&R

M&R M&R M&R
M&R
M&R
1 X
1 1
2 3
(R)
(R)
(R)
30'
30'
30' 30'
30' 30'
30' 30'
30'
30'

SIMON STREET

LEAH STREET

TEAKWOOD STREET

LEBEC STREET

MANZANITA STREET

EVERGREEN AVENUE
42'

M&R M&R

LEAH STREET
42'
2' BWE
2' BWE
N88°34'10"W

60.00'
S1°25'50"W

10.24'
M&R
M&R

PARCEL GRANTED TO TULARE

IRRIGATION COMPANY, PER
DOC. 2024-0028763, O.R.T.C.

NOTES

1. ALL DISTANCES ARE US SURVEY FEET, GROUND

2. DISTANCES NOT MONUMENTED ARE CALCULATED

3. ALL CURVES ARE TANGENT TO ADJACENT SEGMENTS
EXCEPT WHERE RADIAL BEARINGS ARE SHOWN.

4. SET 3/4" I.P., 2.5' LONG, DOWN 0.5', TAGGED "LS 8468"

AT ALL LOT CORNERS, ANGLE POINTS, AND CURVES,

UNLESS SHOWN OTHERWISE
10'
10'
6' PUE 6' PUE
M&R
400 E. MAIN STREET, SUITE 300
VISALIA, CALIFORNIA 93291-6337
PHONE (559) 636-1166
FAX (559) 636-1177
www.provostandpritchard.com
M&R
10'
℄
℄
℄ ℄
℄
℄ ℄ ℄
℄ ℄
℄
℄
℄
℄ ℄
℄
℄ 6' PUE 6' PUE 6' PUE 6' PUE

TTE TTE TTE TTE
TTE
S43°10'47"W

15.71' M&R
TTE
(R)
PAE

PAE PAE
PAE
PAE
PAE
PAE
PAE
PAE
PAE
664
N18°09'22"E 265.57'
R=328.00'
L=10.30'
Δ=1°47'59"
R=300.00' L=60.10' Δ=11°28'42"
R=300.00' L=60.10' Δ=11°28'42"
R=328.00' L=55.41' Δ=9°40'43" S89°26'08"E 1185.37'
N1°25'50"E 582.17'
N1°25'50"E 16.00'
N1°25'50"E 12.00'
S10°14'35"W

7.12'
S89°26'08"E 168.77'
N89°26'08"W 16.64'
N89°26'08"W 16.22'

63.00'
S12°02'38"W
R=272.00' L=54.49' Δ=11°28'42" 102
6,446 SF
21 6,906 SF
5000 SF
100
6,446 SF
99 7,191 SF
103
6,446 SF
101
6,446 SF
104
6,442 SF
5000 SF

50.00'

57.30'

68.80'

60.31'

50.00'

50.00'
100.00' 100.00'
S88°34'10"E 128.47'
S88°34'10"E 128.93'
S88°34'10"E 128.93'
S88°34'10"E 128.92'
S88°34'10"E 128.92'
S88°34'10"E 128.92'
210.94'

62.00'
N1°25'40"E 180.02'
N0°33'52"E 200.00'

7.12' 23 20
105
6,365 SF
125.70'

10.03'

45.42' 50.00' 50.00'
230.026'
312.957'
R=1050.00'
S84°00'18"E
N88°34'20"W 42.00'
R=1008.00' L=80.35' Δ=4°34'02" S89°26'08"E 108.40'
N44°00'14"W 16.87'
N01°25'40"E 160.02'
N44°00'14"W 28.07'

14.04'

14.03'
R=998.00'
L=30.27'
R=998.00' Δ=1°44'16"
L=50.08' Δ=2°52'31" S86°50'04"E

14.25'

14.25'
N1°25'40"E 265.15'

19.73'
S1°25'40"W 542.98'
S01°25'40"W 262.32'
S83°57'34"E
22 6,755 SF

90.01'

50.00' 50.00'

90.01'
S89°26'08"E 914.17'
N89°26'08"W 111.37'
S89°26'08"E 914.44'
S89°26'08"E 935.01'
S89°26'08"E 1017.03'
S44°00'14"E 28.07'
N45°59'46"E 28.50'
S88°34'10"E 135.73'
S89°26'08"E 1185.37'
LOT A
1,700 SF
LOT B
4,103 SF
S88°34'10"E 40.00'
S77°23'39"W 41.23'
S1°25'50"W 20.00'
N1°25'50"E 30.00'
N1°25'50"E 5.62'
N77°23'39"E 41.23'
N1°25'50"E 20.00'
N88°34'10"W 40.00'
N1°25'50"E 5.00'
N1°25'50"E 30.00'
N1°25'50"E 4.76'
S1°25'50"W 10.24'
LEGEND

MONUMENT, FOUND & ACCEPTED AS DESCRIBED IN TABLE ABOVE
FOUND & ACCEPTED 3/4" IRON PIPE, "PLS 8468", PER PARCEL MAP NO. 5453, RECORDED IN BOOK 55 OF PARCEL MAPS AT PAGE 61, T.C.R.

SET 3/4"x30" IRON PIPE WITH TAG MARKED "LS 8468", DN 6" UNLESS

OTHERWISE NOTED
WITNESS CORNER: SET 3/4"x30" IRON PIPE WITH TAG MARKED "LS 8468", DN 6", ON PROPERTY LINE AND 4' DISTANT FROM THE INTERSECTING LINE, AT

RIGHT-ANGLES
SET BRASS DISK, STAMPED "PLS 8468", FLUSH IN CONCRETE

PAE PEDESTRIAN ACCESS EASEMENT

PUE PUBLIC UTILITY EASEMENT

BWE BLOCK WALL EASEMENT
℄ CENTERLINE

PAE PEDESTRIAN ACCESS EASEMENT
BEING A DIVISION OF PARCEL 1 OF PARCEL MAP NO. 5453, PER THE MAP THEREOF RECORDED IN BOOK 55 OF PARCEL MAPS AT PAGE 61, TULARE COUNTY RECORDS, IN THE NORTH HALF OF SECTION 3, TOWNSHIP 19 SOUTH, RANGE 25 EAST, MOUNT DIABLO BASE & MERIDIAN, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA.

CONSISTING OF 3 SHEETS SHEET 3 OF 3

CHERRY AVENUE
QUAIL RIVER SUBDIVISION, RM 42-43

SIMON STREET
28'
X

FOUND MONUMENT TABLE
1 FOUND BRASS DISK, STAMPED "PLS 8006",

FLUSH, PER QUAIL RIVER SUBDIVISION,
BOOK 42 OF MAPS, PAGE 43, TULARE
COUNTY RECORDS.
2 FOUND BRASS DISK, STAMPED "PLS 8006",

FLUSH, PER WOODSIDE SOUZA
PROPERTY UNIT NO. 1, BOOK 42 OF MAPS,
PAGE 75, TULARE COUNTY RECORDS.
3 FOUND BRASS DISK, STAMPED "PLS 8006",
FLUSH, PER PARCEL MAP NO. 5453, BOOK
55 OF PARCEL MAPS , PAGE 61, TULARE
COUNTY RECORDS.
1 2
3 DETAIL A
1 1
1 1 6' PUE
28'
(R)
(R)
M&R
M&R
M&R
M&R
M&R
M&R
M&R
M&R
1 8,049 SF 2
6,300 SF
3 6,687 SF

PARCEL GRANTED TO TULARE

IRRIGATION COMPANY, PER
DOC. 2024-0028763, O.R.T.C.

NW CORNER,
SE 1/4 OF
NW 1/4, SEC. 3,

NOTHING FOUND
OR SET
M&R
M&R
28'
M&R

MCAULIFF STREET
(R)

DETAIL B

EVERGREEN
AVENUE
3 42'
42'
42'
2' BWE
2' BWE
6' PUE
M&R
M&R
M&R
30' 30'
5' S.C.E. EASEMENT FOR

ANCHOR PURPOSES, PER
DOC. 2008-0023861, O.R.T.C.

EAST LINE OF THE

NORTHWEST QUARTER OF
SECTION 3 - 19/25
PARCEL 2, P.M. NO. 5453 PARCEL 3, P.M. NO. 5453

FUTURE CENTERLINE

MCAULIFF AVENUE
2' BWE
42'
42'
6' PUE
(R)
(R)
2' BWE
10'
M&R
10'
M&R

TO CENTERLINE

LEAH STREET

TO SUBDIVISION BOUNDARY
(R)
2' BWE
400 E. MAIN STREET, SUITE 300
VISALIA, CALIFORNIA 93291-6337
PHONE (559) 636-1166
FAX (559) 636-1177
www.provostandpritchard.com
10'
10'
5'
TTE
℄
℄
℄

STREET RIGHT-OF-WAY LINE
TRACT

BOUNDARY

TEMPORARY

TURNAROUND

EASEMENT
1,000 SQ. FT.

LOTS 50, 64, 78, & 92
6' PUE

DETAILS
(TYPICAL, 4 LOCATIONS)
LOT 49

TEMPORARY

TURNAROUND

EASEMENT
1,000 SQ. FT.
6' PUE

STREET RIGHT-OF-WAY LINE
TRACT

BOUNDARY
3' PAE

STREET RIGHT-OF-WAY LINE

STREET RIGHT-OF-WAY LINE
6' PUE
PAE AS SHOWN IS:

TYPICAL: FOR LOTS 56, 70, 84, & 98
MIRRORED: FOR LOTS 57, 71, 85, & 99*
ROTATED: FOR LOT 40
ROTATED AND MIRRORED: FOR LOT 39
*AT LOT 99, EXCLUDING THAT PORTION WITHIN LOT B* 6' PUE

5.00'

PAE DETAIL
665
666
Form Date: 8/9/07 Page 1 of 2

CITY OF VISALIA
Disclosure Development Project

INCOMPLETE OR LATE SUBMISSION OF DISCLOSURE STATEMENT COULD RESULT IN CONTINUANCE OR DELAY OF YOUR PROJECT.

SITE:

Address or APN(s): _________________________________________________________________________________ Short Title or Name of proposed project: _________________________________________________________________ Summary description of the proposed project: _____________________________________________________________ __________________________________________________________________________________________________ PROPERTY OWNER(S):

If more than two owners, please provide information and signature(s) on a separate sheet.

Name (print) _____________________________________ Name (print) ______________________________________ Mailing Address _________________________________ Mailing Address ___________________________________ _______________________________________________ _________________________________________________ Phone _________________________________________ Phone ___________________________________________ Statement: I/We declare under penalty of perjury that I am/we are the legal owner(s) of the property involved in this application. I/We authorize the person named in this application as the Project Main Contact to act as my/our representative with City Staff regarding the processing of this application. _______________________ ____________________________________________ Date Property Owner Signature
____________________________________________
Print Name & Title
_______________________ ____________________________________________ Date Property Owner Signature
____________________________________________
Print Name & Title
OTHER INVOLVED PARTIES:

Fill in all that apply.

It is planned that the property will be sold to ______________________________________________________________ (Write “none” if property owner(s) do not plan to sell property.) Developer/Builder __________________________________________________________________________________ Mailing Address ____________________________________________________________________________________ Phone _____________________ Fax _____________________
(949) 612-9170
Pearl Woods (Phase 1)
Matthew Watson (PWV Capital LP)
1170 N. Coast Highway
Laguna Beach, CA 92651
D.R. Horton CA3, Inc.

D.R. Horton CA3, Inc.
419 W Murray Ave, Visalia, CA 93291
(559) 636-9850
Phase 1 (of 3 phases) consists of 105 SFR lots sized at approx. 5,000 sqft.

Portion of 127-030-038-000, Portion of 127-030-045-000 (New APN not yet assessed) Matthew Watson, President of Aha Development
Group, Inc., Its General Partner
6/5/2025
667
Form Date: 8/9/07 Page 2 of 2
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:

List the names of all principals, partners, and/or trustees where any property owner and/or developer/builder are a partnership or trust. For corporations provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:

NOTICE: If the above information regarding ownership and interest in this property changes before the project goes before City Council or Planning Commission, it is the responsibility of such parties to notify the City of Visalia of this change(s).

Romanowski - CEO, and Bill W. Wheat CFO
D.R. Horton CA3, Inc. : David Hatch - Division President, Vince McCarrie - Region President, Paul J.

PWV Capital LP: Matthew Watson - President Aha Development Group, Inc. 668
RESOLUTION NO. 2025-56

RESOLUTION INITIATING PROCEEDINGS
FOR ASSESSMENT DISTRICT NO. 25-06
Pearl Woods
(Pursuant to Landscape and Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council proposes to form an assessment district pursuant to the Landscaping & Lighting Act of 1972 (Section 22500 and following, Streets & Highways Code) for the purpose of the following improvements:

Maintenance of street trees, landscaping, local streets, streetlights, block walls, and any other applicable equipment or improvements.

2. The proposed district shall be designated “Assessment District No. 25-06, City of Visalia, Tulare County, California,” and shall include the land shown on the map designated “Assessment Diagram, Assessment District No. 25-06, City of Visalia, Tulare County, California”, which is on file with the City Clerk and is hereby approved and known as “Pearl Woods”.

3. The City Engineer of the City of Visalia is hereby designated engineer for the purpose of these formation proceedings. The City Council hereby directs the Engineer to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscape & Lighting Act of 1972.

PASSED AND ADOPTED: July 21, 2025 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 2025-56 passed and adopted by the Council of the City of Visalia at a regular meeting held on July 21, 2025.

Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
669
CLERK’S CERTIFICATION TO COUNTY AUDITOR
ASSESSMENT DISTRICT NO. 25-06
Pearl Woods
(Pursuant to Landscaping & Lighting Act of 1972)
TO THE COUNTY AUDITOR OF THE COUNTY OF TULARE:

I hereby certify that the attached document is a true copy of that certain Engineer’s Report, including assessments and assessment diagram, for “Assessment District No. 25-06, City of Visalia, Tulare County, California” confirmed by the City Council of the City of Visalia on July 21, 2025 by its Resolution No. 2025-56.

This document is certified, and is filed with you, pursuant to Section 22641 of the Streets and Highways Code.

Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
670
RESOLUTION NO. 2025-57

RESOLUTION ORDERING THE IMPROVEMENTS FOR
ASSESSMENT DISTRICT NO. 25-06
Pearl Woods
(Pursuant to the Landscape & Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council adopted its Resolution Initiating Proceedings for Assessment District No. 25-06, City of Visalia, Tulare County, California, and directed the preparation and filing of the Engineer’s Report on the proposed formation.

2. The Engineer for the proceedings has filed an Engineer’s Report with the City Clerk.

3. The owners of all land within the boundaries of the proposed landscape and lighting district have filed their consent to the formation of the proposed district, and to the adoption of the Engineer’s Report and the levy of the assessments stated therein.

4. The City Council hereby orders the improvements and the formation of the assessment district described in the Resolution Initiating Proceedings and in the Engineer’s Report.

5. The City Council hereby confirms the diagram and the assessment contained in the Engineer’s Report and levies the assessment for the fiscal year 2026/27.

6. The City Council hereby forwards the following attachments to Tulare County Recorder’s Office for recordation:
a. Clerk’s Certification to County Auditor
b. Resolution Initiating Proceedings
c. Resolution Ordering Improvements
d. Engineer’s Report:

Exhibit A - Assessment Diagram showing all parcels of real property within the Assessment District
Exhibit B - Landscape Location Diagram
Exhibit C - Tax Roll Assessment
Exhibit D - Engineer’s Report
671
PASSED AND ADOPTED: July 21, 2025 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 2025-57 passed and adopted by the Council of the City of Visalia at a regular meeting held on July 21, 2025.

Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
672
Exhibit “A”
Assessment Diagram
Landscape & Lighting Assessment District No. 25-06
Pearl Woods
673
Exhibit “B”
Landscape Location Diagram
Landscape & Lighting Assessment District No. 25-06
Pearl Woods
674
Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 25-06
Pearl Woods
Fiscal Year 2026/27
APN # Assessment Owner Lot # District
To be assigned $726.17 PWV Capital LP 1 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 2 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 3 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 4 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 5 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 6 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 7 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 8 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 9 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 10 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 11 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 12 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 13 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 14 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 15 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 16 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 17 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 18 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 19 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 20 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 21 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 22 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 23 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 24 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 25 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 26 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 27 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 28 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 29 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 30 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 31 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 32 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 33 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 34 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 35 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 36 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 37 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 38 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 39 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 40 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 41 25-06 Pearl Woods 675
Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 25-06
Pearl Woods
Fiscal Year 2026/27
APN # Assessment Owner Lot # District
To be assigned $726.17 PWV Capital LP 42 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 43 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 44 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 45 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 46 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 47 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 48 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 49 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 50 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 51 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 52 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 53 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 54 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 55 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 56 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 57 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 58 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 59 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 60 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 61 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 62 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 63 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 64 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 65 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 66 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 67 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 68 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 69 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 70 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 71 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 72 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 73 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 74 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 75 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 76 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 77 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 78 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 79 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 80 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 81 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 82 25-06 Pearl Woods 676
Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 25-06
Pearl Woods
Fiscal Year 2026/27
APN # Assessment Owner Lot # District
To be assigned $726.17 PWV Capital LP 83 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 84 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 85 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 86 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 87 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 88 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 89 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 90 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 91 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 92 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 93 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 94 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 95 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 96 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 97 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 98 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 99 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 100 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 101 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 102 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 103 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 104 25-06 Pearl Woods To be assigned $726.17 PWV Capital LP 105 25-06 Pearl Woods 677 Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 25-06
Pearl Woods
Fiscal Year 2026/27
General Description
This Assessment District (25-06, Pearl Woods) is located at the southwest corner of McAuliff Street and Cherry Avenue. Exhibit “A” is a map of Assessment District 25-06. This District includes outlots and local roads. The district will maintain shrub areas, street and landscape trees, irrigation systems, block walls, streetlights, pavement on local streets, and any other applicable equipment or improvements. The maintenance of irrigation systems and block wall includes, but is not limited to, maintaining the structural and operational integrity of these features and repairing and acts of vandalism (graffiti, theft or damage) that may occur. This District also includes the preventative maintenance of all internal local City streets by means including, but not limited to overlays, cape seals, crack seals, and reclamite (oiling). The total number of lots within the district is 273, of which 105 will be assessed for Fiscal Year 2026/27.

Determination of Benefit
The purpose of landscaping is to provide an aesthetic impression for the area. The lighting is to provide safety and visual impressions for the area. The block wall provides security, aesthetics, and sound suppression. The maintenance of any landscape areas, streetlights, streets, and block walls is vital for the protection of both economic and humanistic values of the development. In order to preserve the values incorporated within developments and to concurrently have an adequate funding source for the maintenance of all internal local streets within the subdivision, the City Council has determined that landscape areas, streetlights, block walls, street trees, and all internal local streets should be included in a maintenance district to ensure satisfactory levels of maintenance.

Method of Apportionment
In order to provide an equitable assessment to all owners within the District, the following method of apportionment has been used. All lots in the District benefit equally, including lots not adjacent to landscape areas, block walls, and street lights. The lots not adjacent to landscape areas, block walls, and streetlights benefit by the uniform maintenance and overall appearance of the District.

All lots in the District have frontage on an internal local street and therefore derive a direct benefit from the maintenance of the local streets.

Estimated Costs
The estimated costs to maintain the District includes the costs to maintain any landscaping, street trees, landscape trees, street lights, block walls, and pavement on local streets. The regular preventive maintenance of pavement on local streets is based on the following schedule:

Reclamite on a 5 year cycle, Crack Seal on a 7 year cycle; Cape Seal on a 15 year cycle and Overlays on a 20 year cycle.
678
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 25-06
Pearl Woods
Fiscal Year 2026/27
The quantities, estimated costs, and per lot assessment in the “Pearl Woods” Landscape and Lighting District are as follows:
679
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 25-06
Pearl Woods
Fiscal Year 2026/27
Annual Cost Increase
This assessment district shall be subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($198,244.80) (1.05) (n-1)
where “n” equals the age of the assessment district with year one (1) being the year that the assessment district was formed;
However, in no case shall the assessment be greater than 1) The actual cost of providing the benefit conferred to each parcel plus any prior years’ deficit and less any carryover, as determined annually or; 2) a 10% increase over the prior year’s assessment.

The reserve fund shall be replenished as necessary to maintain a level of 10% of the estimated maintenance cost so long as the annual assessment change does not exceed the limits identified above.

Example 1) The year four estimated costs are $216,086.83 [a 9% increase over the base year assessment of $198,244.80]. The ceiling on the assessment increase for year four would be $229,493.13 [ceiling = ($198,244.80) (1.05) (4-1)]. The assessment would be set at $216,086.83 or the actual cost of providing the maintenance effort.

Example 2) The year four assessment is estimated at the actual cost of providing the maintenance effort of $224,016.62 [a 7% increase over the previous year assessment and a 13.0% increase over the base year assessment]. The ceiling on the assessment increase for year four would be $229,493.13 [ceiling = ($198,244.80) (1.05) (4-1)]. The assessment would be set at $224,016.62 or the actual cost of providing the maintenance effort because it is less than the ceiling amount and the year-to-year increase is less than the 10% cap on increases in any given year.

Example 3) The year four assessment is $216,086.83 [a 9% increase over the base year assessment $198,244.80] and damage occurred to the masonry wall raising the year five assessment to $263,625.93 [a 22% increase over the previous year assessment]. The year five assessment will be capped at $237,695.51 , a 10% increase over the previous year and under the ceiling of $240,967.79 [ceiling = ($198,244.80) (1.05) (5-1)]. The difference of $25,930.42 will be recognized as a deficit and carried over into future years’ assessment.

City Engineer Certification
I hereby certify that this report was prepared under my supervision and this report is based on information obtained from the improvement plans of the subject development.

Christopher Crawford Date
City Engineer
680
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0299 Agenda Date: 7/21/2025 Agenda #: 27.

Agenda Item Wording:

Authorize payment to California Water Service - Authorize the fee payment of $169,844 to California Water Service for the installation of fire hydrants and irrigation water services for the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane.

Prepared by:

Eric Bons, Senior Civil Engineer, [email protected], 559-713-4350 Chris Crawford, City Engineer, [email protected], 559-713-4331 Jason Huckleberry, Eng. & Bldg. Dir., [email protected], 559-713-4495 Department Recommendation: Staff requests City Council to authorize the fee payment of $169,844 to California Water Service for the installation of fire hydrants and water services for the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane.

Summary:

The Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane will be widening the existing roadway from 2-lanes to 4-lanes with a raised center median. California Water Service will also be installing water mains within Caldwell Avenue to complete their water system network.

As part of the work being performed by California Water Service, seven (7) fire hydrants will be installed per fire code for fire protection along the arterial roadway to provide water resources for emergency personnel combatting vehicle fires and other fire emergencies. Future development may also utilize these hydrants for fire protection but may be required to install additional hydrants to serve their projects depending on the ultimate location of their structures. Additionally, there will be three (3) irrigation services installed to serve the roadway median landscaping that will be constructed with the Caldwell Avenue project.

The $169,844 cost being paid by the City includes paying for the fire hydrants and irrigation services that were specifically requested by the City to be included with the water system work being performed by California Water Service. All other work is being paid for by California Water Service.

Background Discussion:

The City of Visalia has a roadway widening project for Caldwell Avenue from Santa Fe Street to Lovers Lane (Rd. 140) which will widen Caldwell Avenue from 2-lanes to 4-lanes with a raised center median, curb, gutter, sidewalk, and a joint use pathway. This project will include the extension of the City’s storm drain and sanitary sewer systems within the City’s project limits.

California Water Service will be installing water mains within Caldwell Avenue to complete their network of water mains to provide for current and future water customers within the limits of this project. The fee payment is for the installation of fire hydrants for fire protection and the installation of landscape irrigation services to support the landscaping planted as part of this project. The fire Visalia City Council Page 1 of 4 Printed on 7/18/2025
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File #: 25-0299 Agenda Date: 7/21/2025 Agenda #: 27.
hydrant locations have been reviewed and approved by the City of Visalia Fire Marshall.

California Water Service’s contractor will be coordinating the installation of the water mains, fire hydrants, and irrigation services with the city’s contractor to make use of the traffic control plans which will minimize impacts to the traffic flow through the construction zone.

Fiscal Impact: The payment for the California Water Service fees can be covered by the construction contingency and is within the project funding and the expenditure summary. The project is funded by SB1-LPP funds and Measure R funds as shown in the following table.

Project Funding:

Measure R Regional (Fund 133) $19,431,780
Measure R Local (Fund 131) $783,300
Senate Bill1 - Local Partnership Program (ROW phase) $400,000 Senate Bill1 - Local Partnership Program (Con. phase) $3,844,000 Total Project Estimate $24,459,080
Project Cost:

Environmental Process $50,000
Design Consultant (4Creeks) $1,539,231
City Design & RW Support $325,000
RW Estimate $1,600,000
Pole Relocation at Burke Street $140,000
Estimate Culvert Permits $325,000
Estimate Electrical Service $50,000
Construction Bid (Avison Construction) $14,741,768
Construction Management (Vanir) $480,090
Construction Testing (Krazan) $221,835
Estimate City Construction Staff & Misc. Const. $278,165 Estimate Construction Surveying/Staking $125,000
Construction Contingency (20%) $3,000,000
Total Project Estimate $22,876,089
Summary:

Project Funding $24,459,080
Project Cost $22,876,089
Project Budget Remain: Surplus / (Deficit) $1,582,991
Prior Council Action:

May 19, 2025. City Council accepted a presentation outlining the construction phases of work, traffic detours, closures and resident impacts for the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane.

April 7, 2025. City Council authorized the fee payment of $121,000 to the National Fish and Wildlife Foundation for mitigation credits for the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane.

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File #: 25-0299 Agenda Date: 7/21/2025 Agenda #: 27.

January 11, 2025: City Council authorized the execution of an agreement with Krazan & Associates, Inc. to provide Geotechnical Material Testing Services for the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane in the amount of $221,835.

December 16, 2024: City Council authorized approval of Amendment No. 6 with 4Creeks, Inc. in the amount of $104,630.00 for additional design services related to the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane.

November 18, 2024: City Council authorized the award of the construction contract for the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane to Avison Construction, Inc. in the amount of $14,741,768.00 and execute an agreement with Vanir Construction Management, Inc. to provide construction management services for the Caldwell Avenue Widening project from Santa Fe Street to Lovers Lane in the amount of $480,090.00.

October 7, 2024: City Council accepted an update on the real property negotiations for properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

September 16, 2024: City Council authorized approval of Amendment No. 5 with 4Creeks Inc, in the amount of $103,246.00 for additional design services related to the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane and accept and appropriate funds allocated from the Senate Bill 1 - Local Partnership Formulaic Program (SB1-LPP) in the amount of $3,844,000.

June 3, 2024: City Council authorized the City Manager to execute a cooperative agreement for reimbursement with the County of Tulare for the installation of a sewer main in Avenue 280 (Caldwell Avenue) from Lovers Lane (Rd. 140) to Rd. 144 and the appropriation of $535,000 from the Wastewater Trunkline Fund (231).

April 1, 2024: City Council accepted an update on the real property negotiations for the properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

December 18, 2023: City Council accepted an update on the real property negotiations for the properties need for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

September 18, 2023: City Council accepted an update on the real property negotiations for properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lover Lane Project (CP8268) August 7, 2023: City Council adopted a Resolution of Necessity to acquire property and temporary construction easements for portions of eight separate properties along Caldwell Avenue between Santa Fe Street and Lovers Lane for the purpose of widening Caldwell Avenue (CP8268).

June 5, 2023: City Council accepted an update on the real property negotiations for properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

October 4, 2021: Council accepted and authorized an appropriation of $1,387,000 from the Senate Bill 1 - Local Partnership Program (SB1-LPP) for the Caldwell Avenue Widening from Santa Fe to Lovers Lane Project (CP8268)
Visalia City Council Page 3 of 4 Printed on 7/18/2025
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File #: 25-0299 Agenda Date: 7/21/2025 Agenda #: 27.

September 21, 2020: Council authorized approval of Amendment Number 2 with 4Creeks Inc. in the amount of $489,755.00 bringing the contract from $768,000.00 to $1,257,755.00 for additional services related to the Caldwell Avenue Widening from Santa Fe to Lovers Lane (CP8268) April 20, 2020: Council authorized amending the Measure R Supplemental Agreement for the Caldwell Avenue Widening from Santa Fe to Lovers Lane (CP8268) due to increase in the scope of work.

May 2, 2016: Council authorized a contract with 4Creeks Engineering Co. for RFP 15-16-49 to prepare Plans, Specifications, and Estimate for the Caldwell Avenue Widening from Santa Fe to Lovers Lane.

November 21, 2022: Council, in closed session, approved property appraisals and authorized City staff and consultant to purchase properties with authority to pay up to twenty percent above appraised value.

Other: None.

Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the fee payment of $169,844 to California Water Service for the installation of fire hydrants and irrigation water services for the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane.

Environmental Assessment Status: The environmental assessment has been completed.

CEQA Review: Conducted by the County of Tulare for the Avenue 280 (Caldwell Avenue) Corridor Enhancement Project.

Deadline for Action: 7/21/2025
Attachments:

1. Map of Project Area

2. California Water Service Cost Estimate letter with cost estimate.

Visalia City Council Page 4 of 4 Printed on 7/18/2025
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W.Caldwell Ave.

Rd 140
S
Santa Fe St
S Pinkham
St
S Lovers Lane
E Monte Verde Ave
E La Vida Ave
E Victor Ave
S
Ben Maddox
Way
S
Villa St
S Bridge St
E Dorothea Ave
S
Cain St
S Burke St
S
Kennedy St
S
Thomas St
Private
E La Salle Ave
E Arlen Ave
E Copper Ave
S
Byrd St
S Bradley St
S
Stover St
S Ed si on St
S
T pi ot n St
E Russell Ave
S
Garden St
E Mesa Ct
S
Arkle St
S Brad el y Ct
E Sunnyside Ave
S
Sheridan
Ct
S
Tracy St
E Country Ave
SE Sunnyside Ct
E Chestnut Ct
S
Oakhurst Ct
E Monte Vista Ave
E South View Ave
E Chestnut Ave
E La Salle Ct
S
Terra
Linda
St
E Copper Ct
S
Bridge Ct
S
Spruce C
E Mon t
te Vista Ave
S
Garden St
E Victor Ave
S Br di ge St
E Arlen Ave
S Burke St
E Mesa Ct
E Chestnut Ct
E Dorothea Ave

CAMERON
TULARE IRRI. DIST.

PACKWOOD
TULARE IRRI. DIST.

T
TULARE IRRI. DIST. ULARE IRRI. DIST.
¨

CALDWELL AVENUE

FROM SANTA FE TO LOVERS LANE

PROJECT LIMITS
1 inch = 1,200 feet
685
calwater.com
June 19, 2025
City Of Visalia
810 W. Acequia
Visalia CA 93291
Subject: Caldwell Widening from S. Santa Fe to Lovers Ln.

To Whom It May Concern:

The estimated cost of installing Facilities for the Caldwell widening S. Santa Fe to Lovers Ln project in Visalia is $169,844.00, including $ 2515.00 for state and federal taxes. Please see the detailed cost estimate for Form 1290 B attached.

Please submit your check in the full amount to California Water Service, attention Allison Schackmann, at 216 N. Valley Oaks Drive, Visalia, CA 93292, with a completed W9 form. (W-9 forms are attached for your convenience.)
Upon completion of the work, an adjustment will be made to any difference between the estimated installation and income tax cost (amount deposited) and the actual cost of the work.

Should it be necessary to make the main connection/installation after hours or on a weekend, it may result in a cost overrun. The difference will be refunded to the applicant if the actual cost is less than the amount deposited. If the actual cost exceeds the amount deposited, the applicant will be invoiced for the difference. California Water Service will own the facilities installed.

If additional sources of water supply, irrigation service, and/or multiple services are on the property section I, page I-4 of the State of California Health and Welfare Agency Guidance Manuel for Cross Connection Control states that “The water user (property owner or consumer) has the primary responsibility to keep contaminants out of the potable water system. This responsibility begins at the user connection and includes any and all water distribution piping on the premises.

If a cross connection or the potential for a cross connection exists, the water user shall install, have tested, and maintain backflow preventers at his own expense as directed by the water supplier or the health agency. The water user should be careful not to create cross connections when modifying their plumbing system.”
686
Quality. Service. Value.
calwater.com
If an easement(s) is required, it is the developer’s responsibility to have the easement description written along with a plat drawing and submitted to California Water Service Company for review and approval. Once approved, the written description must be on our “Right of Way for Pipeline” form.

The applicant is responsible for marking any easements, right-of-way, or property lines in the field.

Please indicate your acceptance of the foregoing terms and conditions by signing at the bottom of this letter, returning one copy to this office with the required balance due deposit and completed W9 form. Because pipes and other materials may not be available on short notice, we urge you to contact us at your earliest convenience. The estimate is submitted as preliminary information only. Estimated costs, therefore, expire after 30 days.

Should you have any questions or need additional information, please call 559-624-1689.

Sincerely,
Allison Schackmann
Superintendent
Enclosure
W9 Form’s
Project #
Applicant’s Acceptance
__________________________ __________________________
(Signature) (Date)
__________________________ __________________________
(Print Name) (Phone number)
__________________________ _____________________________________________ (Company) (On Site Contractor Contact Name, Phone # & Email) 687
688
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0302 Agenda Date: 7/21/2025 Agenda #: 28.

Agenda Item Wording:

Award of Landscape Maintenance Contract - Authorize the City Manager to Award annual contract for Landscape Maintenance of Landscape and Lighting Districts to Brightview Landscape Services Inc, of Fresno for an annual not to exceed amount of $107,407.

Prepared by: Zach Huff, Acting Urban Forestry Supervisor 713-4295; [email protected] Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] Jason Glick, Community Services Director 713-4042; [email protected]
Department Recommendation: It is recommended that the City Council authorize the award of an annual contract for landscape maintenance to Brightview Landscape Services Inc, of Fresno in the amount of $97,642 plus a ten percent contingency ($9,765), per specifications of RFB 24-25-36. The total annual not to exceed amount is $107,407.

Summary:

On May 23, 2025, and May 28, 2025, 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 Wednesday, June 11, 2025, 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 questions from contractors where staff carefully reviewed and answered them in separate addendums.

On Tuesday, June 24, 2025, the City received bids from six (6) contractors in the Bid Summary below. Brightview Landscape Services Inc, of Fresno, CA was the qualified low bidder for RFB 24-25- 36 Landscape Maintenance of Quadrant contract.
· Brightview, Fresno, CA $97,641.60 annually
· JC’s Land Management, Kingsburg, CA $136,873.44 annually · Clean Cut Landscape Management, Clovis, CA $147,117.84 annually · Perfect Care Landscape & Maintenance, Tulare, CA $172,558.08 annually · EMTS, Clovis, CA $174,266.40 annually
· Visalia Landscape and Tree, Visalia, CA Incomplete Bid Background Discussion:

Visalia City Council Page 1 of 3 Printed on 7/18/2025
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File #: 25-0302 Agenda Date: 7/21/2025 Agenda #: 28.

The previous Quadrant N landscape contract expired on March 18, 2025, and has been on a monthto-month basis with a temporary contract, awaiting the award of a new formal landscape maintenance contract. Quadrant N is in the northern portion of the City, between N. Demaree St. to the west, W. Pratt Ave. to the north, N. County Center ST to the east, and W. Riggin Ave. to the south.

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) Brightview Landscape Services Inc 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 N 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’s Labor 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 24-25-36 Annual Contract for Landscape Maintenance of Quadrant N will be allocated from the Landscape and Lighting Fund (2731-55230), of which sufficient funds have been budgeted.

Prior Council Action: None
Other: N/A
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 Brightview Landscape Services Inc, of Fresno for an annual not to exceed amount of $107,407.

Environmental Assessment Status: N/A
CEQA Review: N/A
Visalia City Council Page 2 of 3 Printed on 7/18/2025
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File #: 25-0302 Agenda Date: 7/21/2025 Agenda #: 28.

Deadline for Action: 7/21/2025
Attachments: Annual Contract for Landscape Maintenance of Quadrant N RFB 24-25-36, RFB Addendum 1, RFB Addendum 2, Brightview Landscape Services Inc signed bid form, Draft Contract, Site Maps.

Visalia City Council Page 3 of 3 Printed on 7/18/2025
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BID NO. 24-25-36

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
Of QUADRANT N
1 of 58

CITY OF VISALIA, CALIFORNIA
REQUEST FOR BIDS (RFB) 24-25-36

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT N
Bid Submittal Deadline: Tuesday, June 24, 2025, at 2:00 P.M.

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

The City of Visalia expressly 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 City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein.

The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Bidder for at least ninety (90) days.

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

Direct inquiries regarding clarification of this bid document to the Purchasing Division (559) 713-4334. To prevent misinterpretation, especially questions regarding contract requirements or regarding the scope of services, the Purchasing Division prefers that all questions be submitted in writing via email to [email protected]. All questions must be received by 4:00pm on Friday, June 13, 2025.

Legal Ads 05/23/25 & 05/28/25
692
BID NO. 24-25-36

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
Of QUADRANT N
2 of 58

TITLE TABLE OF CONTENTS PAGES
I. Definitions ................................................................................................................... 4 II. Introduction................................................................................................................. 4 III. Instructions to Bidders .............................................................................................. 6 IV. Landscape & Lighting Maintenance Acreage Policy .............................................. 7 V. Contract Acceptance After Award ............................................................................ 7 VI. Scope of Work/Services ............................................................................................ 8 A. Standard Requirements ......................................................................................... 8 B. Landscape Maintenance...................................................................................... 12 C. Important Notice................................................................................................... 22 D. Department of Industrial Relations Requirements............................................... 23 E. City of Visalia Labor Compliance Manual ............................................................ 25 VII. General Conditions .................................................................................................. 26 A. Contracting Agency.............................................................................................. 26 B. Term of Contract .................................................................................................. 26 C. Pricing .................................................................................................................. 26 D. Approximate Estimate.......................................................................................... 26 E. Examination of Specifications and Site(s) of Work.............................................. 27 F. Discrepancies and Misunderstandings ................................................................ 27 G. Bid Forms............................................................................................................. 27 H. Withdrawal of Bids ............................................................................................... 28 I. Disqualification of Bidders.................................................................................... 28 J. Opening of Bids ................................................................................................... 28 K. Incurring Costs..................................................................................................... 28 VIII.Protests and Appeals............................................................................................... 28 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 ..................................................................................... 30 E. Contract Bonds .................................................................................................... 30 F. Failure to Execute Contract ................................................................................. 30 X. Control of Work ........................................................................................................ 30 A. City-Contractor Relations..................................................................................... 30 B. Care of Existing Structures .................................................................................. 31 C. Existing Utilities.................................................................................................... 31 D. Labor.................................................................................................................... 31 E. Use of City Personnel and Equipment................................................................. 32 F. Materials............................................................................................................... 32 XI. Measurement and Payment..................................................................................... 32 A. Billing and Payments ........................................................................................... 32 B. Measurement and Payment................................................................................. 33 C. City’s Right to Withhold Certain Amounts............................................................ 33 D. Extra Work ........................................................................................................... 34 XII. Legal Responsibilities & Special Provisions......................................................... 34 A. Assignment .......................................................................................................... 34 B. Termination of Contract ....................................................................................... 34 C. Rights and Remedies of City for Default.............................................................. 35 D. Permits and Licenses........................................................................................... 35 E. Equal Employment Opportunity ........................................................................... 35 F. Ethics in Public Contracting ................................................................................. 35 G. Disclosure of Independence and Relationship .................................................... 35 H. Prevailing Wages and Labor Laws ...................................................................... 36 I. Insurance and Indemnification............................................................................. 36 693
BID NO. 24-25-36

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
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J. Public Convenience and Safety........................................................................ 37 K. Safety Orders.................................................................................................... 37 L. Hazardous Waste ............................................................................................. 37 M. Dust Abatement................................................................................................ 37 N. Noise Levels ..................................................................................................... 37 O. Personnel Protective Equipment ...................................................................... 38 P. Right to Require Performance .......................................................................... 38 Q. Compliance with Laws ...................................................................................... 38 R. Venue ............................................................................................................... 38 S. Firearms............................................................................................................ 38 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 Disclosure Forms....................................................................................... 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 Maps
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. 24-25-36 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", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

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

5. “RFB” means Request for Bid No. 24-25-36.

II. INTRODUCTION
The City of Visalia is requesting bids for Landscape Maintenance of Quadrant N. Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.

This contract is for the maintenance of approximately 499,300 sq. ft. (11.462 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 encouraged but not required. at. Meeting will be held in the City Council Chambers at Visalia City Hall, 707 W. Acequia Avenue, Visalia as follows:

Wednesday, June 11, 2025 at 10:30 AM
Time will be set aside at these meetings for Contractors to ask questions 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 directed to the Purchasing Division at (559) 713- 4334. To prevent misinterpretations, the Purchasing Division prefers that all questions be sent by e-mail to [email protected].

Any revisions to the Invitation to Bid will be issued and distributed as addenda. Bidders are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this 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 local preference. The local preference will apply to any business that has a business 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. 695
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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 there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.

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

In compliance with SB854 and Labor Code Section 1725.5, all contractors and subcontractors bidding and performing work on Public Works Projects must: 1) Be currently registered with the California Department of Industrial Relations (DIR), 2) Furnish electronic payroll records for new projects 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 contract, 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 Department of Industrial Relations. The prevailing wages associated with this work are attached as Exhibit D-5.

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

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

The City of Visalia reserves the right to reject any or all bids. 696
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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, mark bid as follows:

Landscape Maintenance of Quadrant N
RFB NO. 24-25-36
Bid Submittal Deadline: June 24, 2025 at 2:00pm
Delivery of Bid: When sending a bid via Fed Ex, UPS, etc., it is the responsibility of the Bidder to ensure that Bid is received during open office hours. Office Hours are 7:30am – 5:00pm Monday through Thursday. We are closed on Fridays and major holidays. Bids are not delivered or received when office is closed.

The City utilizes an outside service for delivery and sorting incoming mail, and therefore, mailing a bid via U.S. Mail is not recommended as there could be a delay in receiving bids by the deadline. Bids must be received prior to the deadline. The City will not accept a postmark as evidence of delivery.

Night Drop Box: If delivering a bid after hours, a Night Drop Box is located at Visalia City Hall, 707 W. Acequia Avenue, Visalia, CA 93291. Enter the west parking lot of the building off of Stevenson Street. The Drop Box is labeled “Night Drop” and is located on the building across from the bicycle racks. The Night Drop Box should only be utilized if City Offices are Closed. The Night Drop Box is checked prior to the bid deadline.

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. Forfeiture of Bid security shall be governed by California Contract Code Section 20172-20174.

5. Submit each of the required Certifications, Affidavits, Assurances, Statements and 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. 697
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6. Submit a copy of Bidder’s valid Pesticide Applicator’s License (QAL) Category B and a copy of Bidder’s valid Maintenance Gardener Pest Control Business License. If Bidder is subcontracting this work to any entity holding a Pesticide Applicator’s License (QAL Category B) and a valid Maintenance Gardener Pest Control Business License, the Bidder must properly identify the subcontractor on the Subcontractor Listing Form with the bid. All Subcontractors must be DIR Registered and maintain registration to perform work under this contract.

7. Inquiries regarding this Request for Bids may be directed to the Visalia Purchasing Division, at (559) 713-4334. However, to prevent misinterpretations, the Purchasing Department requests that all questions be submitted in writing via email [email protected].

Questions regarding this RFB are due no later than 4:00pm on Friday, June 13, 2025.

IV. LANDSCAPE AND LIGHTING MAINTENANCE ACREAGE POLICY
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 maintain 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 existing 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.

3. Landscape Maintenance contractors are limited to a maximum 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 Contractor 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 Lighting Districts that currently have Landscape and Lighting District maintenance contracts with the City of Visalia will not be accepted if the acreage places the contractor over the 60-acre limit.

V. CONTRACT ACCEPTANCE AFTER AWARD
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 summarizing the status of the current landscape conditions and irrigation system along with a cost estimate to make the necessary corrections and present them to the Project Manager for review. The Project Manager will schedule a meeting with the Contractor to review the current landscape and irrigation conditions of the project work areas and agree to a resolution and approval of the project areas. The Project Manager will provide a statement summarizing the resolution of the current landscape conditions and irrigation system and must be executed by the Contractor as stated below.
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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 provide summary of conditions to the Project Manager for a resolution. Once the resolution is agreed upon 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 areas and provide summary of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (5) five months of contract providing all material receipts and labor costs as agreed.

Phase 3: 30 or more acres the contractor will have (90) ninety days to inspect all areas and provide summary of conditions to the Project 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 prior to the renewal of the contract a revised statement summarizing the landscape conditions and irrigation system of the project work area must be prepared by the City’s project manager and executed by the Contractor.

The City will conduct regular inspections of the landscaping work by the Contractor and issue observed “Out of Compliance” reports to the Contractor. The Contractor will be required to review 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 and ensure that all areas maintained by the contractor are compliant as outlined in the contract.

Sixty (60) Days prior to annual contract renewal or termination of contract, all landscape repairs and replanting requested by the City’s Project Manager must be complete. Any work left in an unacceptable condition will be cause for delay of final payment to Contractor until such time as the City has repairs and replanting completed.

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

VI. SCOPE OF WORK/SERVICES
A. STANDARD REQUIREMENTS AND LEVEL OF SERVICE
Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.

LEVELS OF SERVICE
The City of 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 instances when the available funding in a particular area of a Quadrant will require the City to reduce the costs for that area by reducing the level of service (frequency of service) for that area. Therefore, the City of 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 shall be reduced and the effective day of service reduction. City will also 699
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automatically reduce the contract payment amount for those specific areas according to the table below which shows the reduction for Level B and Level C.

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

1. Standards. Contractor must perform services in a manner commensurate with the highest quality professional standards of the landscape maintenance profession, using qualified and experienced personnel and high-quality equipment and materials.

The specifications and standards must be met by Contractor at all times regardless of Contractor’s employees’ absence or established staffing pattern and levels.

2. Working Day. The contractor's activities must be confined to the hours between 6:00 a.m. PST and 6:00 p.m. PST, Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior written consent of the City, except in emergencies involving immediate hazard to persons or property.
 No normal and routine maintenance operations that cause excessive noise shall be performed before 7:00 a.m.
 All or some locations may require blowing of parking lots and other hardscape areas prior to normal business hours of 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 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 www.visalia.city.

3. Company Identification.
 All employees must wear uniforms or other identifying clothing, to make clear to all observers that they are employed by the contractor.
 All vehicles (trucks, etc.) used in the course of fulfilling this contract shall have appropriate company identification, visible to all observers, to identify vehicles as being owned by the contractor.

4. Professional Conduct. Contractor and contractor’s employees must conduct themselves professionally at all times in public and when dealing with City staff and/or Visalia citizens. This will include but not be limited to refraining from using profane or vulgar language in public areas while performing work under this agreement. Contractor and contractor’s employees will also afford residents and citizens the utmost courtesy and respect at all times.

5. Property Owner Concerns. Contractor must make every attempt to satisfactorily address concerns and issues presented by residents of the district. As soon as the contractor is aware of a resident concern either directly or indirectly, the contractor shall immediately inform the Project Manager of the concern (including the resident’s name and phone number if possible), and what action was taken or will be taken by the contractor to address the concern. 700
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Failure of the Contractor to abide by these terms and meet addressed concerns of the Quadrant’s residents will result in a $100 liquidated damages assessment or contract termination. The amount of damages for these types of issues is difficult to estimate, therefore a $100 liquidated damages assessment (per incident) shall represent costs incurred by the City in responding to complaints concerning the Contractor.

6. Mowing All Turf areas covered by this contract shall be mowed at the intervals established by the Level of Service assigned to the area (Level A, Level B or Level C Service).

7. Watering. Irrigation systems must be maintained, repaired, and adjusted to prevent wetting of adjacent streets and water waste during the irrigation cycle.

Contractor shall follow the City’s and State’s water regulations. There will be a liquidated damage assessment of $100 per incident or termination of contract if multiple or gross violations occur in recognition of the importance of water conservation. The amount of damage for these types of issues is difficult to estimate and therefore, $100 shall represent costs incurred by the City in responding to complaints concerning the Contractor.

8. Signage. All regulatory park, street, and traffic signs, trail head signs, city information signs, botanical garden signs, donation monuments or stones, individual plant placards, etc., must be kept clean and clear of plant materials, dirt and dust, graffiti, and animal and bird excrements.

9. Chemicals. The City reserves the right to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actual use. Safety Data Sheets (S.D.S.) shall be provided to City prior to award of contract and in case of changes after award of contract at least thirty (30) days prior to usage by Contractor for any chemicals while performing this contract.

Materials shall be non-staining, non-corrosive, and shall not leave a flammable residue. Contractor shall not use pesticides in Category 1 (no chemicals with LD50 levels lower than 500 mg/km).

These would include, but not be limited to, several organophosphate and carbamate possessing high mammalian toxicity due to their intense anticholinesterase activity.

Pesticides in Category II may be used with the authorization of the Project Manager.

Contractor shall, as part of the required monthly report to the City, prepare a Chemical Use and Proposed Work Report to indicate in writing the amount, type, and location of all chemicals used. If no chemicals are used, then the report must still be submitted indicating to the City that no chemicals were used.

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

Fertilization will be on an as needed basis. Project Manager will request a quote for cost of additional services from time to time when services are needed.

11. Clean-up. All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the contractor, as well as bottles, cans, trash and paper and other yard waste.

All trash and debris are to be removed and disposed of at intervals established by the Level of Service assigned to the area and at the contractor’s expense. 701
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12. Emergency Response. Contractor must be able to respond immediately to emergencies.

Emergencies are generally construed as those events that in the opinion of City staff constitute an immediate danger or hazard to property or persons, or that significantly violate water conservation requirements. If the emergency condition is identified and the contractor is notified (either through discovery or by contact from City personnel) during normal work hours, the contractor must respond to the emergency within two hours unless otherwise specified. If discovery or notification occurs after normal working hours, the contractor must respond by 10am on the following working day.

Contractor must provide some acceptable method by which contact can be made in case of emergency, i.e., paging system, cell phone, etc. and shall also provide a method by which nonemergency messages can be received during the workday, i.e., phone messages, email, etc.

13. Reporting and Inspections
Status Reports
a. A written report is to be prepared by the Contractor and given to the Project Manager monthly. The report shall include a description of unusual circumstances, locations of any homeless encampments that are found in areas being maintained by the Contractor, lighting that is inoperable, major irrigation breaks, safety hazards, etc. For emergencies and safety hazards, the Project Manager is to be called immediately. Failure to provide a report may result in a $100 penalty per incident or termination of contract if multiple incidents are noted.

The reports are important especially if they are safety hazards. Amount of damages for these types of issues are difficult to estimate. Therefore, $100 per incident shall represent costs incurred by the City in responding to complaints concerning the Contractor. b. The Contractor must schedule a meeting with the Project Manager no less than once per month to review the work site to ensure compliance with the contract specifications and standards. At this meeting, Contractor or Contractor’s supervisor shall sign the meeting attendance and inspection reports prepared by the City, provide all chemical use and proposed use reports, irrigation inspection and schedule changes, and usage and/or proposed fertilizer usage reports and discuss major accomplishments for the previous month, notable problems, schedule changes and goals and deadlines for the coming month. The Project Manager shall discuss areas out of compliance and options to bring areas back into compliance with contractor. Project Manager shall discuss any penalties with the Contractor and/or intensions to withhold payment of invoices. Project Manager shall document these meetings. Failure to attend these meetings may be cause for a $100 penalty per incident or termination of contract if Contractor has failed to meet with City staff after multiple attempts to discuss gross breaches of duty.
c. The Project Manager shall report any maintenance deficiencies to Contractor.

Contractor must correct any deficiencies at Contractor’s cost within five (5) working days of written notification. Unusual horticultural problems such as pests, disease, and damages that are beyond the scope of Contractor’s responsibility shall be brought to the attention of Project Manager.
d. A Chemical Use and Proposed Work Report must be completed for each chemical application and proposed application. These reports shall be submitted each month during contractor’s monthly meeting with City’s Project Manager. Failure to submit reports may delay the City’s payment to Contractor and be cause for a liquidated damage assessment of $100 per incident. The amount of damage and costs to the City for these types of issues is difficult to estimate and therefore, $100 shall represent costs incurred by the City in responding to incidents where the City was unsure of what chemicals were applied by the Contractor. The Contractor is responsible for submitting chemical usage reports to the County Agricultural Department. Copies are to be sent to the Project Manager as part of the Contractor’s monthly report.
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e. Monthly Irrigation Inspection reports (described below), irrigation schedule changes, and contractor signed landscape inspections from the City must be submitted with monthly invoice before payment will be made. Failure to submit all reports may delay the City’s payment to Contractor.

B. LANDSCAPE MAINTENANCE – SPECIFICATIONS

1. Irrigation. Irrigation must be done with the use of automatic or manual sprinkler systems where available and operable, unless outlined in the initial acceptance inspections for repairs. These areas will be addressed with Contractor during initial inspection and noted for regular monthly inspections. Failure of an existing system to provide full and adequate coverage after Contractor signs Notice of Acceptance shall not relieve the contractor of the responsibility to provide proper coverage of all areas. Providing any supplementary hoses, sprinklers, nozzles, etc. necessary to accomplish proper coverage shall be the contractor's responsibility. Exclusions will be identified in description of areas and will be addressed with Contractor during initial inspection.

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

Contractor is responsible for all repairs to the irrigation system starting at the City side of the water meter, with the exception of the 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 adjustments or repairs necessary to maintain healthy turf, plant growth, prevent dry spots in turf, plants, and shrubs, and prevent excessive run-off into streets or other areas not intended to be irrigated. Care must be taken to prevent wasting water, causing soil erosion, or allowing seepage into existing underground improvements or structures.

The contractor shall keep controllers and valve boxes free of dirt and debris; repair, replace, clean, adjust, straighten, raise, or lower the following sprinkler system components:
 Sprinkler heads
 Sprinkler risers
 Quick coupler valve boxes
 Hose bib boxes
 Remote control valves
 Remote control valve boxes and covers
 Maintain and replace batteries in battery operated controllers on a continual basis
 All irrigation wiring should be maintained to City standards including proper splices using DBR/Y-6 splice kits
 Proper solenoid replacement should be completed with dry and tight connections  Minor graffiti removal from irrigation controllers
 Controllers to be kept free of all plant materials, spiders and webs, and any other material that could cause the controller to be non-accessible or damaging to the controller
If contractor fails to keep sprinkler nozzles properly adjusted/aligned to prevent water waste, repair or replace malfunctioning, broken or missing sprinkler heads and/or sprinkler head risers and water waste results, the City of Visalia reserves the right to bill contractor for excess amount of water in addition to assessing a liquidated damage assessment of 703
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$100 per incident. Because It is difficult to estimate the potential losses in water and the costs for City response time to complaints from residents, $100 has been established as a reasonable assessment.

The Contractor shall prepare a written Irrigation Inspection Report (a report template has been included with this RFB, as a sample for Contractor). The report shall describe any irrigation schedule changes, malfunctions, and necessary repairs. The Irrigation Inspection Report must be submitted with monthly invoice before payment will be made. b. Inspection. The contractor must inspect all irrigation systems for any malfunction on an interval established by Level of Service assigned for the area. This must be accomplished by utilizing a remote-control receiver to place the controller in test mode and visually inspecting sprinkler operation. This includes, but is not limited to breaks in irrigation lines, irrigation valves, heads, leaks and washouts, saturated areas or dry spots.

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

Failure to provide notice to the Project Manager may be cause for liquidated damage assessments of $100 per incident or termination of contract. Because It is difficult to estimate the potential losses in water and the costs for City response time to investigate complaints from residents, $100 has been established as a reasonable assessment.

Contractor is to track all irrigation locations where plants are missing and maintain irrigation heads until plants are replaced.

Excessive water run off or overflow onto hard surface areas must be kept to an absolute minimum so as not to cause waste of water, pedestrian and/or vehicular liabilities.

Problems reported to Project Manager or designated representative will be repaired within twenty-four (24) hours. Failure to complete repair or notify Project Manager of any delay to repairs may be cause for liquidated damage assessment of $100 per incident or termination of contract if multiple breaches occur.

Water leaks or stations must be turned off within two hours (2 hrs.) on the day reported to save water. Repairs must be made within twenty-four (24) hours or sooner if City classifies the necessary repairs as requiring an Emergency Response as stated in this Agreement.

Twenty-four (24) hour fixit notices will be sent to contractor via email. Failure to comply may result in liquidated damage assessments to the Contractor of $100 per incident, unless the Project Manager is contacted, and an agreed time frame modification is made between the contractor and the Project Manager in writing.

Approximately sixty (60) days prior to the conclusion of the contract, a comprehensive test of all irrigation systems shall be made by a Public Works Department representative. Any repairs deemed the contractor's responsibility must be made by the contractor prior to the end of the contract period.

If the repairs made are not to the Project Manager's satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies determined by the Project Manager.
c. Repairs. Irrigation systems which are damaged by vandalism or in any way as a result of work performed under this contract must be repaired or replaced in kind and in an approved manner by the contractor. Repairs must be made immediately after damage occurs, unless otherwise directed. Vandalism will be documented by the contractor with the use of digital photos or video tape and supplied to the Project Manager as proof of vandalism. The preferred method of transmission of photos would be digital photos transmitted via email. Failure to provide such documentation may be cause for no reimbursement of corrective expenses to Contractor.
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The contractor shall keep an itemized list of material(s) used to repair vandalism damage and submit to Project Manager for reimbursement of the Contractor’s labor at an hourly rate established in this contract and pay for replacement materials at COST.  Normal Repairs = Contractor is responsible for all normal repairs (i.e. Main line (including from water service meter to the back flow), valves, control wires, sprinklers, nozzles, lateral lines, etc.) The City is not responsible for any repairs needed past the irrigation controller. The backflow devices annual maintenance/testing will be the responsibility of the City of Visalia. All normal repairs are the sole responsibility of the contractor except for repairs needed due to vandalism. Repairs not made within twenty-four (24) hours of notification or not completed to the satisfaction of the Project Manager may be assessed a liquidated damage assessment of $100 per incident.
 Major Repairs = City is responsible for funding major repairs, which include repairs to Irrigation Controllers, Booster Pumps, or Backflow Devices. All major repairs are the responsibility of the contractor to repair and make operable but must be authorized by Project Manager in writing prior to repairs being made. Hourly rate plus materials for major repairs to be authorized by Project Manager prior to any work being done. Contractor is responsible to report in writing any issues with these devices to the Project Manager for authorization to repair or replace.

Failure to complete repairs in the allotted time on a repeated basis will cause the Contractor to have the full costs of repairs deducted from monthly billing and may be grounds for termination of contract. Contractor will be responsible for any fines applicable under state law, public utility billing, or local ordinance, due to continuous running water. d. Turf Watering. All turf areas must be watered based on 85-95% of daily evapotranspiration rate and need to maintain a uniform, green, healthy growth pattern and promote deep root growth. (If City water restrictions are imposed to conserve water, they will supersede the previous statement). Water shall be applied in short repeat cycles of 3 - 5 minutes each to prevent water run-off into street. Care shall be taken to not over water or waterlog any soil. Contractor shall turn off irrigation system during the wet season and adjust the controller seasonally. Each time the schedule is changed due to seasons or any other reason, a revised schedule shall be provided to the Project Manager.

Water applications on turf and ground cover areas shall generally be applied between 12:00 a.m. and 6:00 a.m. where possible, to lower the risk of fungus in turf. Drip stations may be operated during daytime hours.
e. Water Schedule. Turf and landscape watering shall be scheduled in accordance with prevailing water conservation requirements, and unless otherwise specified shall be scheduled Tuesday through Sunday. No watering shall be allowed on Monday without prior approval of Project Manager. Irrigation program shall be set up so that no water is applied to turf 48 hours prior to mowing. Overhead systems shall not be operated between 8:00 a.m. and 6 p.m.

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

A proposed quarterly schedule of watering shall be provided to the Project Manager one (1) month after award of contract. Each time the schedule is changed a new updated schedule must be provided to the Project Manager. 705
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f. Ground Cover. Sufficient amounts of water shall be applied to ground cover areas to maintain a healthy growth pattern and promote deep rooting. Care shall be taken to not over water or waterlog soil.
g. Banks and Slopes. Sloped landscape areas shall be irrigated in short cycles as required to prevent water runoff, and to maintain horticulturally acceptable growth and color.

Irrigation practice is to promote deep root growth with a minimum of run-off. h. Shrub and Trees. All shrubs and trees shall be watered as needed to maintain healthy growth and promote deep rooting. Care shall be taken to not over water.

Irrigation rates shall be adjusted according to shrubs or tree types and seasonal weather conditions. Deep watering for root growth is encouraged and surface run-off is to be kept at a minimum.
i. Newly Planted Trees, Shrubs, and Groundcover. All newly planted areas are to receive special attention until plants are established. Adequate water shall be applied to promote normal, healthy growth. Watering basins around newly planted shrubs and trees to be used during establishment period. It is the contractor’s responsibility to contact the City’s Water Conservation Division to get a twenty-one (21) day establishment permit for any additional irrigation that will be needed for newly planted plant materials. j. Remote Control Receiver. Upon contract commencement, the contractor is required to have a radio-frequency ready remote-control receiver that is compatible with all major irrigation systems. It is the responsibility of the contractor to obtain and purchase these devices unless it is a Toro Sentinel controller. The City of Visalia will supply the contractor with the Toro Sentinel remote control to use for the duration of the contract. The Toro Sentinel controller(s) shall be returned to the City at the conclusion of the contract.

Continuous activation of valves by manual solenoid or bleeding valve stem can be damaging to the fragile irrigation mechanisms. The remote control allows the contractor to inspect the irrigation system effectively by utilizing the technology currently in place.

2. Weed Control.
a. Weed control clarification. For the purpose of this specification, a weed shall be considered to be any undesirable plant or plant growing out of place.  Maintenance shall include the removal and chemical abatement of weeds growing on all paved and unpaved surfaces of all maintenance areas of contract. All landscaping within the specified maintenance areas including lawns, planter areas, median islands, and tree wells shall be kept weed free at all times.
 Complete removal of all weed growth is to be accomplished by the Level of Service assigned to the area. Weeds may be controlled by mechanical methods, or chemical methods at the discretion of the contractor.
 Weeds reaching height or width of four inches (4") shall be physically removed from landscaped areas.
 Seedlings growing out of desired landscape plants shall be removed and chemically treated to terminate the growth of the undesirable seedling.
b. Use of Chemical Herbicides. The contractor shall abide by all rules and regulations of the California State Department of Food and Agriculture, Department of Health, and Department 706
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of Industrial Relations regarding the safe application of herbicides under this contract. Care shall be taken to ensure the safety of the public and the contractor's employees during chemical weed control operations. The Project Manager may restrict the use of chemical weed control in certain areas. Pesticide Applicators License is required to apply herbicide. Contractor must supply a copy of this license to the Project Manager.

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

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

3. Diseases and Pest Control. The contractor must regularly inspect all landscaped areas for the presence of disease, insect, or rodent infestation. The contractor shall notify the Project Manager within three (3) days of finding such a condition, outlining identification and control measures to be taken. Upon approval of the Project Manager, the contractor shall implement the approved control measures utilizing all safeguards necessary to protect the public and contractor's employees. a. Use of Chemical Pesticides. All rules of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding safe application of pesticides under this contract shall be observed. Pesticide Applicators License-Category B and C, along with a valid Maintenance Gardener Pest Control Business License are required to apply pesticide. Contractor shall take necessary precautions to avoid pesticide drift onto non-target organisms. b. Rodent Mounding. Mound of soil in turf and planter areas caused by rodent activity shall be raked down at the intervals established by the Level of Service assigned to the area, to prevent soil build up in turf and around plants. All curbs, gutters, and other hardscapes adjacent to the maintenance areas will be free of any soil mounds or erosion caused by rodents.
c. Rodent/Pest Control. Contractor must inspect all turf and planter areas for rodent (gopher, squirrel, and other pest) activity, and initiate control measures at the intervals established by the Level of Service assigned to the area. Contractor must fill all rodent holes in areas that are used by walkers and pedestrians for safety (i.e. trails, turf, DG paths, etc.). Contractor shall take necessary precautions and safeguards to protect health of public and employees.

4. Plants. All shrubs and ground cover plants growing in the work area must be pruned once every other month to maintain plants in a healthy growing condition, and to allow for full coverage of the irrigation system. Pruning is to be done in a manner that promotes the plant's natural growth characteristics. If hedging is needed to clear the sidewalk, the plant must be trimmed on all sides to balance growth. Hedging, shearing, or other severe pruning will not be allowed except with prior approval. All debris from trimming of plant material will be removed from beds, hauled off, and disposed of immediately and appropriately. Fallen leaf material shall be removed from planter areas and off the plants on a monthly basis to allow for proper growth of the plants. a. Growth Control. Plant growth shall be kept within reasonable bounds to prevent its encroachment into walks, passageways, and streets. Clear view of traffic signs and intersections is to be maintained at all times.

All shrubs and plant growth in planter areas along walls are to be maintained to a height no greater than four feet (4’) and kept from blocking any subdivision, safety signage, and overhead or landscape lighting.

All trees, large and small shrubs, and groundcovers in planters or Right of Way areas along streets and at intersections, must be maintained and trimmed for traffic sightline clearances. 707
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Mature tree canopies must be maintained above eighty-four (84) inches above soil grade for site line visibility. Newly planted, young or non-mature trees, multi-trunk trees, or large shrubs (i.e. Western Redbuds) must also be raised or thinned to maintain site line visibility.

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

Small shrubs and groundcovers must be kept below thirty (30) inches at road level to allow for visual site of oncoming traffic.
b. Removal. All dead, dying, or damaged plants (including trees) and any branches must be removed immediately. This debris, including plant growth removed by contractor, shall be removed away from job sites and appropriately disposed of at the intervals established by the Level of Service assigned to the area. Hauling and disposing of said debris must be included in bid price. Dead stems of daylily, agapanthus, and similar plants shall be removed on a monthly frequency. Dead leaves around base of plants shall also be removed on a monthly basis.
c. Trees. The contractor is responsible for removal of suckers, limb growth that inhibits site line visibility of any traffic, and all pruning that can be reached with a twelve-foot (12’) pole saw by a person standing on the ground as part of this contract.

All trees are to be maintained in their natural shape, and pruning is to be done in a manner that promotes the trees natural growth characteristics using sharp and proper pruning tools along with the correct pruning techniques to promote and achieve the trees natural growth characteristics and to meet International Society of Arboriculture (I.S.A.) Standards; all cuts shall be made cleanly with no stubs or projections remaining.

No weed whackers or hedging type tools shall be allowed to trim and maintain trees. The use of improper tools and techniques resulting in the negligent and irresponsible care of trees or plants, thus causing damage to trees or plants and resulting in the need for the Project Manager to hire outside services to correct the damage will result in those costs associated with the corrections being deducted from the Contractors monthly invoice along with a $100 liquidated damage assessment per incident or up to termination of the contract.

Canopy clearance above sidewalks, bikeways, and other pathways of 10'0" is to be maintained for pedestrian safety.

All regulatory street and traffic signs must be clear of tree and plant growth at all times for sight clearances.

Clippings must be picked up, hauled away, and disposed of by the Contractor immediately and appropriately.

Leaves in planter areas shall be removed on a monthly basis. In addition, during seasonal drop leaves will need to be removed off of walkways as needed for safety. Fallen leaf material shall be removed off the plants regularly to allow for proper plant growth.

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

Until young trees are strong enough to stand alone, they shall be flex-tied between two (2) approved two-inch (2") diameter x eight foot (8') treated tree stakes. Tree stakes shall be of treated lodge pole pine. Metal stakes may be required in some areas. Tree ties made of extruded vinyl base, 1” wide, and a minimum of .01” thick shall be used to secure the young trees. Tree ties to be inspected often for signs of girdling or abrasion. 708
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Contractor must maintain a three-foot (3’) diameter circle free of grass/weeds around all trees located in turf areas.

Trees damaged by maintenance equipment shall be replaced by contractor with like size and species. Contractor is responsible for all costs related to replacement.

Maintenance shall include the removal of dead trees, limbs, and dead leaf material at the intervals established by the Level of Service for that area. Dead trees will need to be replaced per the contract for plant replacement in Item 6 (below) of this scope of work and per the discretion and determination of the Project Manager.

Young or new trees along trails, paths, riparian landscapes, Landscape and Lighting Districts, parkway strips, and pocket parks shall be maintained, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species by the contractor for the first three (3) years of the trees life within the landscape. Stakes must be removed when tree has sufficient strength to support itself. These costs are to be factored into the planter costs. Project Manager will instruct contractor when tree stakes are to be removed. Contractor is responsible for the proper disposal of all pressure treated wooden tree stakes. All metal stakes in good condition must be taken to City of 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, leaning, having hanger limbs, or in some manner constitutes a safety hazard. Failure to notify Project Manager may result in a liquidated damage assessment of $100 per incident to recover the losses to the City for responding to resident complaints of the Contractor noncompliance or termination of contract if multiple breaches or gross violations occur that place residents in danger.
d. Shrubs. All shrubs must be trimmed to prevent encroachment onto walks, passageways, streets, curbing, and trails to allow for safe passage of users. Shrubs must be trimmed to allow a clear sightline of oncoming traffic at all Right of Ways and intersections. Shrubs must be cleared away from all regulatory street and traffic signs. Shrubs in planters must be kept below thirty (30) inches at intersections and turn lanes for sightline of oncoming traffic.

5. Fertilization. Fertilization will be performed on an as needed basis as requested by the Project Manager. Project Manager will request separate pricing for fertilization when it is required. A slowrelease fertilizer will be applied when fertilizer is requested by Project Manager.

When fertilizer is applied as needed, to maintain healthy and vigorous plants: The City anticipates that primarily nitrogen will be deficient in soils; however, Contractor shall identify and correct other mineral deficiencies that affect plant growth.

Analysis of fertilizer shall be approved by the Project Manager prior to application.

All turf fertilizer shall be watered in thoroughly within two (2) hours of application.

Fertilizer shall be applied uniformly using an appropriate spreader. Prior to beginning a fertilization program, Project Manager shall submit to the Contractor, a schedule showing sites to be fertilized.

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

Once the Project Manager has requested that fertilization is necessary the Contractor shall notify Project Manager at least ten (10) days before any fertilizer applications. Receipts for the 709
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Contractor’s purchase of the approved fertilizer will be required and must be submitted to the Project Manager with monthly invoice.

Note: Subject to approval of the Project Manager, fertilization may be altered by use of slowrelease fertilizers such as Woodace containing IBDU formula.

6. Replacement of Plant Material
a. The contractor must notify the Project Manager within three (3) days of discovery of loss of turf, shrub, ground cover, or tree material due to any cause. b. The contractor must supply all labor and materials to replace any tree, shrub, turf, or ground cover damaged during work by the contractor or lost through the contractor’s faulty maintenance or negligence.

Trees, shrubs, or turf that are damaged or lost through disease, insect infestation, or rodents, that could have been prevented with reasonable ordinary care by the Contractor shall be the responsibility of the Contractor.

Contractor is not responsible for plant loss due to vandalism, theft, vehicle accident, fires, storm, or water restriction in response to drought conditions. Whether or not the loss was due to Contractor faulty maintenance or negligence shall be determined by the Project Manager.

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

In regard to trees, where there is a difference between the tree lost and the replacement tree, the difference will be deducted from the contract payment. The value will be determined using the latest American Shade Tree Conference guidelines. c. Any plant damaged or lost through fires, storms, or water restrictions in response to drought conditions, theft, vehicular damage, or vandalism that are not the responsibility of the Contractor (as determined by the Project Manager), shall be replaced in kind and size at the Project Manager’s direction. The Contractor will perform the work and the City will pay for the Contractor’s labor at an hourly rate established in this contract and pay for replacement materials at COST.

From time to time it may be necessary or desirable to replace some plants to enhance the overall appearance of a site. Any such replacements will be at the Project Manager's decision. The Contractor will perform the work and the City will pay for the Contractor’s labor at contract rates and cost of replacement materials. All landscape repairs and replanting requested by the City’s Project Manager must be completed according to a date agreed upon in writing between the City Project Manager and Contractor.

The Contractor shall supply itemized labor hours and material cost invoice(s) with monthly invoices in order to be reimbursed for plant replacement.

7. Turf Maintenance
a. Mowing. The turf must be mowed and edged at the intervals established by the Level of Service assigned to the area during its growing season in order to maintain a neat appearance and healthy growth. If weather conditions do not permit regular mowing, longer intervals may be observed by Project Manager with notice from Contractor.  Contractor shall never mow turf when it is in a wet, saturated condition that would cause rutting, tearing or sliding on the turf surface or when it could be unsafe for Contractor’s employees to operate equipment.
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 All lawn areas in this contract must be mowed with power-propelled reel or rotarytype mowers.  All mowers must be cleaned prior to each mowing to avoid possible weed invasion.  Mowers must be adjusted and maintained to provide a smooth, uniform cut with no ridges or depressions.
 Turf must be cut with the size of equipment, which will give a neat appearance without rutting, sliding over, or scalping the turf. This will be strictly adhered to, including cases of steep turf slopes.
 Blades must be kept sharp at all times to prevent turf damage.  Mowing patterns must be changed for each mowing service or as often as necessary to avoid rutting.
 Turf must be kept at a uniform height that is recommended for that particular type of turf grass.
 Grass clippings must be removed promptly and disposed of at the Contractor’s expense unless they will dry and drop beneath the growing level of the turf within twenty-four (24) hours.
 Recycling cutting decks that provide an acceptable cut may be used if written approval of Project Manager is obtained prior.

Contractor’s employees shall take care to avoid obstructions such as electrical boxes, signage, buildings, vehicles, etc. Contractor shall be responsible for repair of damage caused by its mowing or other activities.

Contractor shall take great care around trees. Any trees which have more than fifty percent (50%) of the bark removed in a given three-inch (3”) area of trunk by weed whips or mowers shall be considered destroyed and shall be replaced at the Contractor’s expense with like species and size.
b. Mowing Height All turf, except Bermuda, must be maintained at a height range between three and one-half inches (3 ½ “) maximum and two and three fourths inches (2 ¾”) minimum.

Fescue height shall not exceed three and one half inches (3 ½”).

Common Bermuda must not exceed two inches (2”) in height.

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

All turf areas shall be mowed at the intervals established by the Level of Service assigned to the area on a preset day and route. Any changes to this schedule shall be approved in advance by the Project Manager.

During periods of heavy growth, more than one mowing per week may be required to maintain acceptable appearance within areas assigned at a Level A Service.

All turf areas shall be maintained at a level that will ensure a healthy, green color and uniform growth.
c. Broad Leaf and Noxious Weeds. These weeds shall be controlled on an as needed basis by chemical or manual method when requested by Project Manager. Chemicals used for control shall be registered for use on Fescue and Bermuda turfs. A Broadleaf and Crabgrass pre-emergent herbicide shall be applied between mid-January and March and again between September and Mid-November of every year. Herbicides such as Dimension, Pendulum, or Barricade are recommended during this application period. For post broadleaf 711
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weed control Triplet, Trimec, or Triamine will be applied to control Broadleaf and Crabgrass weeds that are currently growing and weather conditions permit the application. Contractor shall provide Project Manager a quote for work prior to work being started and shall not perform work without Project Manager’s approval of quote. Contractor will be required to notify the Project Manager of the application dates and provide a schedule of areas treated as completed.
d. Edging. All turf adjacent to improved surfaces shall be edged a minimum of once every mowing. Unimproved surfaces between turf and planter areas and/or property lines shall be edged a minimum of once per month to maintain turf delineation.

String trimmers, a.k.a. weed eaters, shall not be used around trees. e. Clean-up. All surfaces shall be free of grass clippings and debris including turf, gutters, and street upon completion of mowing and edging operation. It is the responsibility of the Contractor to remove these items immediately and dispose of them appropriately. f. Turf grass seeding. Turf grass seeding will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started. When seed is used, areas shall be top-dressed with humus. g. Renovation. Renovation will be done on an as-needed basis when requested by Project Manager. Project Manager will furnish square footage and locations for renovation This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started.

Turf renovation to remove accumulated thatch from all sites under this contract must be accomplished by power raking or dethatching rakes on turf (care shall be taken so turf is not damaged).

A schedule of equipment to be used by the Contractor shall be submitted to the Project Manager for approval 10 days prior to beginning work.

Refuse generated by renovating shall be removed not later than the day following the operation.
h. Aerification. Aerification will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately from this contract.

Contractor shall provide Project Manager a quote for work prior to work being started.

Contractor shall not perform work without Project Manager’s approval of quote.

Project Manager will furnish square footage and locations for aerification.

8. Ground Cover Maintenance & Wall Covering of Ficus Pumila, and All Other Vines. a. All areas planted in ground covers shall be adequately irrigated to maintain vigorous growth. b. Groundcover beds shall be periodically edged to keep them in their intended space.

Groundcovers shall not be allowed to encroach into sidewalks, lawns, shrub beds, or other areas deemed as undesirable by the Project Manager.
c. Groundcover plantings shall be periodically thinned and pruned for vigorous growth and overall appearance of the site.
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d. Groundcovers in median and other Right of Way areas must be trimmed below thirty (30) inches at road/asphalt level for sight clearances for traffic safety. e. Wall covering of Ficus Pumila and other vines, will be trimmed back close to the wall and removed from trees and shrubs, and removed from planter areas as needed. Wall coverings shall not be allowed to grow over the top of the wall.

9. Hardscape Areas. All patios, curbs, gutters, pathways, sidewalks, parking lots, and other hardscape areas (i.e. Center median island points, roundabouts, etc.) adjacent to and part of the City owned property or Right of Way must be kept free of weeds, debris, leaves, grass clippings, etc. at all times to provide a safe and clean passage for users and to prevent slips and falls.

All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the contractor, as well as glass, bottles, cans, trash, paper, and other yard waste. All trash and debris are to be removed and disposed of at the intervals established by the Level of Service and at the contractor’s expense.

10. Vegetation. All vegetation areas must be kept free of weeds, trash, leaves, grass clippings, etc. at all times. The contractor is responsible for removal of suckers, limb growth, and all pruning of trees that can be reached with a twelve-foot (12’) pole saw to a minimum height of eight (8) feet, by a person standing on the ground as part of this contract. Contractor must maintain a three-foot (3’) diameter circle free of grass/weeds around all trees. Mowing shall be performed as weed control bi-weekly.

Note: If and when using a blower or other power equipment, Contractor shall comply with the City’s Municipal Code 8.36.050 Exterior noise standards--Mobile noise sources prohibition against use. It is unlawful to operate any of the below-listed devices, appliances, equipment, or vehicles on public or private property abutting noise sensitive land 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, edgers, or other power equipment used for the maintenance of property;
b. Vehicle equipment, which equipment is not expressly regulated by state or federal statute, such as car radios or sound amplification equipment which is audible more than twenty-five (25) feet from the exterior of vehicle;
c. Construction equipment including jackhammers, portable generators, pneumatic equipment, trenchers, or other such equipment, except for emergency repair purposes as provided in Section 8.36.070.

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

C. IMPORTANT NOTICE
The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Bidders are cautioned that any statements made that materially change any portion of the bid documents shall not be relied upon unless subsequently ratified by a formal written amendment to the bid document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Invitation to Bid, the City will attempt to notify all prospective vendors 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. 713
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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 Public Works Projects must be currently registered with the California Department of Industrial Relations. Awarded Contractor is required to furnish electronic payroll records for new projects to the Labor Commissioner.

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

A contractor or subcontractor shall not be qualified to bid on, be listed 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 Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b) (1) as a pre-hire collective bargaining agreement that establishes terms and 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 Visalia has no ordinances requiring or prohibiting such agreements.

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.  As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.
 As set forth in CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.  As set forth in CLC section 1771.4(a) (2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html.  The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice 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 section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate 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; 714
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o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811, and 1815, signed under penalty of perjury.
o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776. o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.  The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).  As set forth in labor code 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 set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works 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 forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811, and 1815, signed under penalty of perjury.
o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
o As set forth in CLC section 1775(b) (3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take 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 work performed on the public works project, the contractor shall obtain 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 employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
 In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
 Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division 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. 715
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 Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen 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 employed on the contract. As stated in 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 general or prime contractor when the contract is less than thirty thousand dollars ($30,000).
 As stated in section 1777.7(e), the prime contractor 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 works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within 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 contractor shall take corrective action, including, but 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 penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.  The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers 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 forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.
10 days before the closing date of the bid, the project manager will 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. General prevailing wage determinations made by the 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 E. CITY OF VISALIA LABOR COMPLIANCE MANUAL
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 716
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subsequent contract by reference and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.

VII. GENERAL CONDITIONS
A. CONTRACTING AGENCY
The contract resulting from this Invitation to Bid will be administered by the City of Visalia Parks Maintenance Department. However, the City Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions, or scope of the contract.

B. TERM OF CONTRACT
The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Contract shall begin on the first of the month immediately following the written Notice to Proceed or as scheduled between City Project Manager and Contractor.

The City will be presumed to request renewal unless the City delivers a thirty (30) day written notice of non-renewal to the Contractor prior to the renewal date.

If Contractor decides not to consent to renewal by the City, then they must provide the City Project Manager with a written notice of non-renewal at least sixty (60) days prior to the renewal date.

Additionally, this Agreement may be terminated for convenience by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of termination or expiration of this Agreement, Contractor shall transfer to City any funds and/or accounts receivable on hand attributable to the use of CITY funds.

C. PRICING
All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time period will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U U.S.

City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary month of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

D. APPROXIMATE ESTIMATE
The quantities given on the bid proposal form and in the contract documents are approximate only, being given as a basis for comparison of bids, and the City of Visalia does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or 717
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decrease the amount of any class or portion of work, or to omit portions of the work, as the City may deem necessary or advisable, at the prices bid.

E. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK
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 obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the 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.

F. DISCREPANCIES AND MISUNDERSTANDINGS
No bidder shall, at any time after the submission of a proposal, make 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 the City.

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

The bid documents (including all attachments and addenda), Bidder’s 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 oral 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.

G. BID FORMS
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 marked as a bid and identifying the project to which the bid relates and the date of the bid opening therefore. Bids that are not properly marked may be disregarded. Bids may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.

When bids are signed by an agent, other than the officer 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 opening bids or shall be submitted with the bid; otherwise, the bid will be rejected as irregular and unauthorized.
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H. WITHDRAWAL OF BIDS
Any bid may be withdrawn at any time prior to the time fixed in the public 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 bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. No bid may be withdrawn after the time fixed in the public notice for the opening of bids.

I. DISQUALIFICATION OF BIDDERS
Only one bid may be submitted as a “prime contractor” for the same work by any firm, individual, partnership, corporation, or combination thereof. A contractor submitting a bid as a prime contractor may not also submit sub-bids to other competing prime contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof is interested in more than one 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.

J. OPENING OF BIDS
Bids will be publicly opened at the time, date and place indicated in the Notice Inviting Sealed Bids.

Bidders or their authorized agents are invited to be present. Bidders name, location and bid amount will be read aloud. A bid summary will be prepared at that time. No other information will be provided until after bids have been fully examined and accepted. No bids will be received, nor considered, after the time fixed for receiving them. Late bids will be returned unopened to the sender.

K. INCURRING COSTS
The City of Visalia is not liable for any cost incurred by proposers in responding to this Invitation to Bid.

VIII. PROTESTS/APPEALS
Because it is essential that bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer bidders the opportunity to appeal award of contracts.

The following procedures shall apply in regard to appeals:

1. Any actual bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after 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 only the areas regarding big contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the 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.

IX. AWARD AND EXECUTION OF CONTRACT
A. EVALUATION AND AWARD OF CONTRACT
The City of Visalia reserves the right to reject any or all bids; to waive any irregularities or informalities in any bid or the bidding process.

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The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required 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 right to reject any bid if the evidence submitted by or investigation of such proposer fails to satisfy the City that such bidder is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein. The City expressly reserves the right to reject the bid of any bidder who is in default on the payment of taxes, licenses or other money due to the City of Visalia.

The award, if made, will be made within ninety (90) days from bid 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, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

3. Should contractor be awarded contract, contractor shall 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, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the contractor, its consultants, subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.

5. Contractor shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.

Contractor warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the contractor, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate 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 agreed to supply, shall be borne and paid for by the contractor. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. Contract shall be in the form of a City of Visalia Purchase Order and attachments of the bid documents, all addenda that were issued, the Contractor’s bid in response to the RFB document, along with Contractor’s Performance Bond and Certificate of Insurance.

6. Contractor is to sign a notice of acceptance (NOA) within 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) shall be made to the lowest bidder, whose bid is deemed both responsive and responsible and meets the specifications and qualifications listed in bid document.

C. REFERENCES
Where indicated on Bid Forms, 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.
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D. COOPERATIVE AGREEMENTS
All California agencies may purchase off of this agreement at the same prices, terms, 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 successful contractor’s responsibility to inform potential public agencies of this cooperative requirements contract.

E. CONTRACT BONDS
Required Contract Bonds: The Awarded Bidder will be required to provide to the City of Visalia with a “Performance Bond” in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”.

The Performance bond shall remain in force for the duration of the contract. It shall be updated annually and as needed during the contract year due to additions/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 responsible bidder, the second lowest responsible or third lowest responsible bidder to file acceptable bonds and meet with the project manager as provided herein within ten (10) days, not including weekends and legal holidays, after such bidder has received notice that the contract has been awarded to him may be just cause for the annulment of award.

X. CONTROL OF WORK
A. CITY-CONTRACTOR RELATIONS
Project Manager’s Responsibility and Authority. All work shall be done under the general supervision of the project manager or his designee(s). The contractor shall bear all responsibility for, and have all control over, in accordance with the bid specifications, the means, methods, techniques, sequences and procedures of the work and safety precautions or programs, and the project manager shall not have control over, nor bear responsibility for same. Nor 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 accordance with the contract documents. The project manager has the right to reject work that does not conform to the contract documents. The project manager shall decide any and all questions which may arise as to the quality and acceptability of work performed, rate of progress of work, and all questions as to the acceptable fulfillment of the Contract on the part of the contractor.

Project Manager’s Decisions. All claims of the contractor shall be presented 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 time and/or financial considerations are involved, 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 unfavorable for the prosecution of work, or failure on the part of the contractor to carry out the provisions of the contract. The contractor shall not suspend operation 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 omissions of his employees. The contract documents shall not be 721
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construed as creating any contractual relationship between any subcontractor 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 obligations contained in any of the contract documents and none of the provisions of the contract documents shall be held to be waived or modified by reason of any act whatsoever, 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 shall be liable for all damage done to any structure arising through 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 be taken not to move, without the consent of the City Engineer, any sewers, drains, culverts water service, pipes, poles or other structures.

C. EXISTING UTILITIES
Contractor’s attention is directed to the possible existence of utility services and other underground improvements. All reasonable precautions shall be taken to preserves and protect any such improvements. The contractor shall notify the project manager 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 damage to known utilities.

The contractor shall notify the owners of all 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’ pothole or otherwise expose all non-City owned high-risk underground facilities. If damage occurs to a known utility, the contractor shall repair utility at no additional expense to the City of Visalia.

2. Damage. If damage occurs to an unknown utility, the contractor shall repair the utility. An equitable adjustment will be made in accordance with work performed. Contractor is to furnish written quotation prior to commencement of work.

3. Connections. The contractor shall not make connection to, or draw water from, any hydrant or pipeline without first obtaining permission of the public or private authorities having jurisdiction over the use of said fire hydrant or pipeline, and from the private or public 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 meter, if required by said authority, of a size and type acceptable to said authorities and agency. 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 personnel are to be physically able to perform their work. Only workmen thoroughly familiar with their line of work will be employed on the job. Any overseer, superintendent, laborer, or other person 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. 722
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2. The contractor and all employees shall conduct themselves in a proper and efficient manner so as to cause the least annoyance 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 allow employees to work whose ability or alertness is impaired because of drugs, fatigue, illness, intoxication, or other conditions that may predispose them to injury.

4. Operators of vehicles and equipment shall be able to understand signs, signals, and operating instructions, and be capable of operating such equipment. Contractor shall provide operating instructions for all equipment. Newly hired employees shall be individually tested by an experienced operator or supervisor to determine if they are capable of safely and efficiently operating 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 Visalia shall not furnish personnel to assist the contractor in performance of the contract. The contractor understands that any offers of assistance by City Personnel are unauthorized and the 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. The remote and keys need to be 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 offers by City of Visalia Personnel to use City equipment for loading, processing, and disposal of the property are unauthorized and the contractor shall not accept such offers.

Contractor shall be billed for City personnel labor, equipment, and materials whenever City forces are called upon to repair damage caused by the contractor in the performance of work associated with this contract.

F. MATERIALS
Contractor shall furnish and use, at his own expense, all materials, labor, tools, equipment and transportation necessary to provide contractual Landscape Maintenance for the areas identified in this RFB.

All vehicles utilized to carry out contracted work for the City shall be in compliance with the State of California emission inspection program.

XI. MEASUREMENT AND PAYMENT
A. BILLING AND PAYMENTS
Contractor is fully responsible for assuring that all services arising from the agreement are billed the correct and applicable contract rate. The contractor is required to establish and maintain a process to monitor its billing practices and will refund all over-charges that may occur. The City will routinely audit bills generated.

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 the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the City check.
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B. MEASUREMENT AND PAYMENT
The contractor will be paid monthly in arrears for work satisfactorily performed under this contract. After completed work has been inspected and approved, payment will be made in no more than thirty (30) working days.

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 due and payable for just claims for labor or materials furnished in and about the performance of the work under this contract and as a result of contractor’s failure to properly make payments to its subcontractors or suppliers.  Claims filed or reasonable evidence indicating the probable filing of claims. The City shall disburse and shall have the right to act as agent for the contractor in disbursing such funds as have been withheld pursuant to this subsection, to the party or parties who are entitled to payment therefrom.

The City will render to the contractor a proper accounting of all such funds disbursed on behalf of the contractor.
 Work required in the specifications which is not performed or is incomplete or for defective work not remedied.
 When Contractor is out of compliance with the requirements of the maintenance agreement, an appropriate downward adjustment in contractor’s payment shall be made. Downward adjustments will be made for incomplete and /or unsatisfactory work or non-performance based on a percentage of the estimated cost to the City for each area maintained by the Contractor. See tables below which list the cost adjustment percentage. The Area Cost Estimate used by the City will be the square footage descriptions contained in Exhibit D-1 (or as that document is amended if additional areas are added during the term of the Agreement) and then adjusted based on the Unit Price provided by the successful bidder.

Areas with Planters and Turf:

Area Cost Estimate Trash/Debris Turf Planters Trees Irrigation Weed Control 10% 15% 20% 15% 15% 25%
Areas with only Planters:

Area Cost Estimate Trash/Debris Ground
Cover
and
Shrubs
Trees Irrigation Weed Control
10% 25% 25% 15% 25%
 If an inspection by City indicates an area is out of compliance, the City shall:
o Notify the Contractor in writing of the area that the inspection showed was incomplete or unsatisfactory,
o Describe the reason why the inspection listed the area as incomplete or unsatisfactory, o List the amount that the City will withhold if the area is not brought into compliance, and o List a date that re-inspection by the City shall occur. 724
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 If the area is not brought into compliance by the re-inspection date or the matter otherwise resolved, the City shall withhold the stated amount for the incomplete and/or unsatisfactory work from the next payment processed by the City.
 If the corrections are not made by the Contractor, the City may, in the sole discretion of the City, have the out of compliance area brought into compliance by City forces or by a third party and charge the expense to the Contractor in lieu of a payment adjustment.  The City reserves the right to assess a $100 liquidated damage assessment per incident over and above the cost to correct the unsatisfactory condition for failure to perform any part of the work covered in this contract. Because it is difficult to estimate the potential costs to the City in responding to resident complaints over such conditions, $100 is set as a reasonable estimate of potential costs to the City in responding to a failure by the Contractor.

D. EXTRA WORK
The contractor shall do no extra work except upon written order from the City. For such extra work the contractor shall receive payment as agreed upon in writing. The contractor shall furnish the project manager with report sheets in duplicate for each day’s extra work no later than the working day following the performance of said work. After comparison with the project manager’s records, any necessary adjustments shall be made. The reports shall be signed by both parties before they become a basis of payment for the work performed. Payment for extra work shall be made at the unit price or lump sum previously agreed upon by the contractor and the project manager.

XII. LEGAL RESPONSIBILITIES & SPECIAL PROVISIONS
A. ASSIGNMENT
No assignment by the vendor of the contract or any part hereof, or of funds to be received thereunder, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet, or transferred.

B. TERMINATION OF CONTRACT

1. This contract may be terminated without cause by the City, in whole or in part, by giving the contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.

2. If the contractor shall fail to provide services or perform unsatisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice. Termination for cause may result in a contractor being considered a non-responsible bidder in future bids for services under the City of Visalia Purchasing Policy and Procedures.

3. Any assignment, subletting, or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall cause be for the City to immediately terminate the agreement for default.

4. Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.
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5. In the event of termination, Contractor shall be entitled only to payment for work performed to date, less any costs paid by the City to bring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.

C. RIGHTS AND REMEDIES OF CITY FOR DEFAULT
In the case of default by contractor, and at the option of the City, the City may procure landscape maintenance service from another source, or sources, and may recover the loss occasioned thereby from any unpaid balance due the contractor. The prices paid by the City shall be considered the prevailing market price at the time service is delivered.

D. PERMITS AND LICENSES
Possession of a City of Visalia Business Tax Certificate is not required to submit a bid in response to this invitation. However, contractor, and all subcontractors, shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing work. Fee is based on gross receipts for all business transactions in the City of Visalia. For additional information, contact the City of Visalia 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 above) o Awarded Bidder must also obtain a valid City issued encroachment permit to work in City Right of Way
E. EQUAL EMPLOYMENT OPPORTUNITY
Attention of the bidder is particularly called to the requirement for ensuring that employees, and applicants for employment, are not discriminated against because of their race, color, national origin, ancestry, religion, physical or mental disability, marital status, political affiliation, or gender. Such affirmative action shall include, but not be limited to, the employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. It is understood and agreed that the contractor shall comply with all requirements, when applicable, of the California Fair Employment Practices Commission and provisions, when applicable, of all Federal, State of California, County of Tulare and City of Visalia laws and ordinances, in performance of fulfilling this agreement.

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

G. DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP
Prior to the award of any contract, the potential contractor may be required to certify in writing to the Purchasing Manager that no relationship 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.
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H. PREVAILING WAGES & LABOR LAWS
Consultant must comply with State and Federal Regulations that apply to this contract, including Prevailing Wage requirements as applicable. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per 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 the requirements of State Labor Code Sections 1810 and 1815 pertaining to working hours and overtime rates of pay. The contractor or any subcontractor performing work or subcontracting to do any of the work contemplated by this contract shall comply with existing Labor Codes regarding employ of aliens except under extraordinary emergencies (Section 1851.5, 1850 to 1854).

I. INSURANCE AND INDEMNIFICATION
Contractor agrees to indemnify, defend, and hold harmless the City of Visalia, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with contractors (or contractors subcontractors, if any) performance or failure to perform, 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 agreed that contractor shall secure prior to commencing any activities under this contract, and maintain during the term of the contract, insurance coverage as follows:

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

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

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

Each insurance policy required by this contract shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the Purchasing Department, City of Visalia, 707 W. Acequia, Visalia, CA 93291.”
In addition, the commercial general liability and comprehensive automobile liability 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 excess of and not contribute with insurance provided by this policy.”
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operations and activities of, or on behalf of the named insured, 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 Access. 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 properties at least forty-eight (48) hours prior to any temporary obstruction of access. No overnight closure of any driveway will be allowed except as permitted by the owner. When working in City Right of Way, the Contractor shall comply with the California Department of Transportation, Manual of Uniform Traffic Control Devices that specifies safety procedures that protect the Contractor’s employees and the driving public.

Street Closures and Detours. Street closures will not be allowed except as specifically permitted by the City and the proper governmental authority. The contractor shall prepare any traffic control 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 rendered under this bid complies, as applicable, with the Occupational Safety and Health Act of 1970 (or latest revisions), including all applicable amendments thereof, the State of California Industrial Safety Act, and regulations issued thereunder and the Williams-Steiger Federal Occupational Safety and Health Act, and certifies that all items furnished under this bid will conform and comply with the indemnification and hold harmless clause for all damages assessed against Buyer as a result of contractor’s failure to comply 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 conflicts 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 sections 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 furnish all labor, equipment, and means required and shall carry out effective measures wherever and as often as necessary to prevent his operation 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 responsible for any damage resulting from any dust originating from his operations. The dust abatement measures shall be continued until the contractor is relieved of further responsibility by the project manager. No separate payment will be allowed for dust abatement measures and all costs thereof shall be included in the various 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 www.visalia.city. 728
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O. PERSONNEL PROTECTIVE EQUIPMENT
Meet requirements of NIOSH (National Institute for Occupational Safety and Health), and SHA (Mining Safety and Health Act of 1977), where applicable, as well as ANSI (American National Standards Institute.)
P. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

Q. COMPLIANCE WITH LAWS
Contractor shall, in the performance of work under this contract, fully comply with all applicable Federal, State or Local laws, rules regulations or ordinances and shall hold the City harmless from any liability resulting from failure of such compliance.

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

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

T. EXECUTIVE ORDER N-6-22 – Russia Sanctions Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions.

Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
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Name of Bidding Agency:____________________
EXHIBIT ‘A’ BID FORM

CITY OF VISALIA, CA
RFB 24-25-36, LANDSCAPE MAINTENANCE OF QUADRANT N
In compliance with the City’s Notice Inviting Sealed Bids No. 24-25-36 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, transportation, fuel, appurtenances, and incidentals required to perform Landscape Maintenance Service 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, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

BIDDER understands that a bid is 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 performing the work described in the bidding documents including 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 Purchasing Division, after receiving notification of the acceptance 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 liquidated 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 Labor Compliance Manual, including but not limited to assuring valid DIR registration 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 directly 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 form and any related contract documents are estimates only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly, or impliedly agree that the actual amount of work will correspond therewith and reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.

The City will determine the lowest bidder by the Lowest Total Bid Amount for Level A Service.

Award will be to the lowest bidder 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 Quadrant, 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.
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The City reserves the right to add or delete areas (square footage) from this contract if needed. Any added or deleted areas will cause a price adjustment to contract. Price adjustments will be based on the Contractor’s unit price for the Level of Service being provided to the specific area.

Any new areas that may be added shall be maintained to the same standards required by the specifications of the Service Level for that specific area.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.

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

LANDSCAPE MAINTENANCE OF QUADRANT N, PER SPECIFICATIONS OF RFB 24-25-36 Level A Service
Service once per week
(52 times annually)
Quantity
(Sq. Footage) X
Unit Cost
(Monthly) =
Monthly Price
Turf (including irrigation maintenance) 319,903 X $________/sq. ft. = $_____________ Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 179,397 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 work or if vendor is presently transacting business within the City of Visalia regardless of whether the business address is actually located within the City. Contact the Business License Division for clarification of questions at 559-713-4326
FEDERAL TAX I.D. NO: __________________________________ 731
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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 Bidder is subcontracting this work to any entity holding a Pesticide Applicator’s License (QAL category B) and a valid Maintenance Gardener Pest Control Business License. Bidder must properly identify all Subcontractors on the Subcontractor Listing Form submitted at time of bid. All Subcontractors must be DIR Registered and maintain registration in order to perform work under this contract.

Failure to submit the above REQUIRED items may result in disqualification of bid.

DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers 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
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

REFERENCES
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.
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Name of Bidding Agency:____________________

SUBCONTRACTORS
Pursuant to the provisions of Sections 4100 to 4113 inclusive of the Public Contract Code of the State of California, the undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned bidder. It is understood that the bidder, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the consent of the City and the approval of the project manager. If additional space is needed, please attach on a separate sheet of paper.

1. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #

2. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #

3. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #
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EXHIBIT “B-1”
Submit with Bid

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive 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, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The 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 solicitations or advertisements for employees, placed by or on behalf of the BIDDER, 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 send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the BIDDER’s commitments under 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 BIDDER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

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

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

Company Name:_________________________________ Business Address:____________________________________________ Signature: _________________________________________________________________Date:____________________________ Name of Signing Official (Print or Type):_____________________________________________ Title of Signing Official: ______________________________________________ Company Seal (if any):
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EXHIBIT “B-2”
Submit with Bid

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

1. “Segregated facilities,” as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated 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 provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

3. By submission of the bid, the BIDDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:
(a) Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause;
(b) Retain such certifications in its files; and
(c) Forward this certification and the following notice to the proposed SUBCONTRACTORs:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

FOR CERTIFICATION OF NONSEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e., quarterly, semiannually, 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):
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EXHIBIT “B-3”
Submit with Bid

BID GUARANTEE
Known all men by these presents:

That we, ___________________________________________________________________________________ as principal and __________________________________________________ as surety, are held and firmly bound unto the City of 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 successors and assigns, for which payment well and truly to be made, 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 certain construction specifically described as follows, for which bids are to be opened at ___________________________ on ___________________________________ for improvement of Invitation to Bid No. 24-25-36
Project: Landscape Maintenance of Quadrant N 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 bid, and files the two bonds with the 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 bond by the obligee and judgment is recovered, the surety shall pay all costs 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 _______________________________, 2025 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. 736
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EXHIBIT “B-4”
Submit with Bid

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

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

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date:_________________ Company Seal (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. 737
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EXHIBIT “B-5”
Submit with Bid
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

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

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EXHIBIT “B-6”
Submit with Bid

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

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EXHIBIT “B-7”
Submit with Bid
Ownership Disclosure and California Levine Act Statement The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:

1. submitting a bid or proposal in response to a solicitation by City of Visalia; or

2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.

OWNERSHIP DISCLOSURE
__________________________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company __________________________________________________________________________________________ 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:
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________

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

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

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____.

If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

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

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
__________________________________________________________________________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual Date 740
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EXHIBIT “B-8”
Submit with Bid

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME FEDERAL ID NUMBER
BY(Authorized Signature) DATE EXECUTED
PRINTED NAME OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code) ( )

TITLE OF PERSON SIGNING
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:

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

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
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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 persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. ⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000 over the life of the contract (up to 5 years).

Signature:____________________________________ Printed Name:_________________________ Title:______________________________________ Agency Name:_____________________________ Date:____________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years. 742
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EXHIBIT “C”, Sample Contract – do not submit with Bid

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT N
(City of Visalia Bid No. 24-25-36)
This Agreement, entered into and effective this ________ day of ________________, 2025 [“Effective Date”], by and between the City of Visalia, hereinafter referred 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 individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires to enter into an annual contract for Landscape Maintenance which was let to bid on ___________ as evidenced by Bid No. 24-25-36 (the “Project”); and WHEREAS, City of Visalia reviewed 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 complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon 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 may be terminated for convenience by the CITY, in whole or in part, by giving the CONTRACTOR fifteen (15) days’ written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds. Contractor shall be entitled only to payment for work performed to date, less any costs paid by the City to bring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.
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2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated 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 24-25-36, Landscape Maintenance of Quadrant N, including all attachments and addenda
Attachment 4 CONTRACTOR’s bid in response to Bid No. 24-25-36

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (if any) (“Scope of Services”):

All work described in Scope of Services in Bid No. 24-25-36.

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 pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY 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 date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

Requests filed after this time will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S.

Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of 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. 744
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movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula 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.

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 under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is 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
745
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Exhibit “C”
Attachment 1

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

B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

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 Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability 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. 746
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J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

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

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

M. City Ordinance: Contractor shall follow all rules and regulations regarding the City of Visalia Ordinances. Any fines resulting from not following the City’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 Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 747
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Exhibit “C”
Attachment 2

INSURANCE REQUIREMENTS

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily 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 by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.
c. Comprehensive or Commercial General Liability Insurance coverage in the minimum 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.

CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 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.

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

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
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Addendum #1 Page 1 of 1

City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291
(559)713-4334
[email protected]

CITY OF VISALIA, CA
REQUEST FOR BIDS RFB No. 24-25-36

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF QUADRANT N ADDENDUM NO. 1
Issued: Wednesday, June 11, 2025
Bids Due: Tuesday, June 24 2025 at 2:00pm
Addendum is being issued to provide responses to questions. This addendum becomes part of the RFB 24-25-36 document and must be signed and submitted with Bid.

ITEM 1: QUESTIONS/RESPONSES
Q1: Who is the incumbent and what is the current contract valuation? R1: The current contract for Quadrant N is a temporary month to month contract with JCS Land Management. See Attachment 1 for contract amount.

END OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334
Bidder to sign and submit with Bid
Firm: Date:

By:

Bidder’s Signature
Attachment 1: Quadrant N – Contract Amount
750
Attachment 1
RFB 24-25-36 Addendum 1
Quadrant N Contract Amount
751
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Addendum #2 Page 1 of 3

City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291
(559)713-4334
[email protected]

CITY OF VISALIA, CA
REQUEST FOR BIDS RFB No. 24-25-36

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF QUADRANT N ADDENDUM NO. 2
Issued: Monday, June 16, 2025
Bids Due: Tuesday, June 24 2025 at 2:00pm
Addendum is being issued to provide responses to questions and to confirm prevailing wages. This addendum becomes part of the RFB 24-25-36 document and must be signed and submitted with Bid.

ITEM 1: QUESTIONS/RESPONSES
Q1: Can I please see the last winning bid awards from the normal bid process for the O, N, P districts? R1: The bid for Quadrant N was previously advertised in 2020. The low bidder was JCS Land Management, and their bid amount at that time is below. For the temporary current month to month contract amount, please refer to Addendum 1.

Q2: Do you have an approximate work start date?
R2: The estimated start date is September 1, 2025.

Q3: Could you please provide a copy of the pre-bid sign in sheet? R3: Please see attached.
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Q4: Are there any considerable differences in this new scope of work from the existing scope performed by the current month to month contractor?
R4: There are no major changes from the previous scope of work. The new RFB does contain adjusted levels of service under Section VI. Scope of Work/Services, subsection A.

Q5: Is there a confirmed date and time the award will be announced? R5: All bidders will be notified in writing of the City’s intent to award. The notice of intent to award will list the awarded bidder and the date and time of the Visalia City Council Meeting at which award will be made.

Q6: When can contractors charge for irrigation repairs? R6: Contractors can charge for irrigation damage caused by vandalism and repairs deemed Major Repairs.

Please see section B. Landscape Maintenance – Specifications, sub-section C. for details.

Q7: After a contract is awarded, when does the contractor start to receive a written notice that an area is out of compliance and when does a pay reduction take place? R7: Please see section V. Contract Acceptance After Award for details. There are different timeframes dependent on the acreage of the contract. This section, however, does not exclude the contractor from receiving inspections and/or deductions for areas of maintenance that are not included in the contractor’s initial inspection or new maintenance deficiencies after the contractor’s inspection.

Q8: If a contractor holds contracts right now, can they be a subcontractor? R8: If a contractor is bidding on this project, they may not be listed as a subcontractor for the same bid.

If a contractor holds contracts for different projects and will not be bidding on this current project, they may be listed as a subcontractor for the current bid.

Q9: Can a subcontractor be added after the bid closes?
R9: No, subcontractors must be listed at the time the bid is submitted.

ITEM 2: PREVAILING WAGES
Prevailing wages were checked on Monday, June 16, 2025. There were no updates to the state wages.

State wages originally posted with this RFB remain in effect.

END OF ADDENDUM NO. 2
/s/ Purchasing Division
(559) 713-4334
Bidder to sign and submit with Bid
Firm: Date:

By:

Bidder’s Signature
Attachment 1: Pre-Bid Sign-in Sheet

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Attachment 1:

Non-Mandatory Pre-Bid Sign-in Sheet

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

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires to enter into an annual contract for Landscape Maintenance which was let to bid on ___________ as evidenced by Bid No. 24-25-36 (the “Project”); and WHEREAS, City of Visalia reviewed 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 complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

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.

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
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2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (if any) (“Scope of Services”):

All work described in Scope of Services in Bid No. 24-25-36.

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:

6. CONTRACT PRICE ADJUSTMENTS:

Requests filed after this time will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S.

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

CONTRACTOR
Dated: _______________ By:

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
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N Minden St
W Riverway Ave
W Porter Ct
W Newton Ct
W Jerome Ave
W Shannon Pkwy
W Tyler Ave
W Payson Ct
W Porter Ave
N Carson St
W Brooke Ave
W Newton Ave
W Pratt Ave
W Newton Ave
W Glendale Ave
W FlagstaffAve
0 0.25 0.5Miles
±
City of Visalia
District N
R. Conaway 9-19
1:5,500
Legend
Railroad
Waterways
basins
Shannon Ranch #5, 6 & 11
Shannon Ranch #1-4
Shannon Ranch #7-10
Shannon Ranch #8-9
779
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0303 Agenda Date: 7/21/2025 Agenda #: 29.

Agenda Item Wording:

Prepared by: Zach Huff, Acting Urban Forestry Supervisor 713-4295; [email protected] Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] Jason Glick, Community Services Director 713-4042; [email protected]
Department Recommendation: It is recommended that the City Council authorize the award of an annual contract for landscape maintenance to Brightview Landscape Services Inc, of Fresno, CA, in the amount of $72,855 plus a ten percent contingency ($7,286), per specifications of RFB 24-25-37.

The total annual not to exceed amount is $80,141.

Summary:

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

On Tuesday, June 24, 2025, the City received bids from five (5) contractors in the Bid Summary below. Brightview Landscape Services Inc, of Fresno, CA was the qualified low bidder for RFB 24-25- 37 Landscape Maintenance of Quadrant O contract.
· Brightview, Fresno, CA $72,854.04 annually
· JC’s Land Management, Kingsburg, CA $83,770.44 annually · Perfect Care Landscape & Maintenance, Tulare, CA $109,263.24 annually · EMTS, Clovis, CA $118,542.12 annually
· Visalia Landscape and Tree, Visalia, CA Incomplete Bid Background Discussion:

The previous Quadrant O landscape contract expired on March 18, 2025, and has been on a monthto-month basis with a temporary contract, awaiting the award of a new formal landscape Visalia City Council Page 1 of 3 Printed on 7/18/2025
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File #: 25-0303 Agenda Date: 7/21/2025 Agenda #: 29.
maintenance contract. Quadrant O is in the northern portion of the City, between N. County Center ST. to the west, W. Pratt Ave. to the north, N. Mooney Blvd to the east, and W. Riggin Ave. to the south.

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) Brightview Landscape Services Inc 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 O at a “Level A” service.

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 24-25-37 Annual Contract for Landscape Maintenance of Quadrant O will be allocated from the (Landscape and Lighting 2731-55230), 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 Brightview Landscape Services Inc, of Fresno, (RFB 24-25-37) for an annual not to exceed amount of $80,141.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 7/21/2025
Visalia City Council Page 2 of 3 Printed on 7/18/2025
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File #: 25-0303 Agenda Date: 7/21/2025 Agenda #: 29.

Attachments: Annual Contract for Landscape Maintenance of Quadrant O RFB 24-25-37, RFB Addendum 1, RFB Addendum 2, Brightview bid form, Draft Contract, Site Maps.

Visalia City Council Page 3 of 3 Printed on 7/18/2025
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BID NO. 24-25-37

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CITY OF VISALIA, CALIFORNIA
REQUEST FOR BIDS (RFB) 24-25-37

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT O
Bid Submittal Deadline: Tuesday, June 24, 2025, at 2:00 P.M.

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

Legal Ads 05/23/25 & 05/28/25
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J. Public Convenience and Safety........................................................................ 37 K. Safety Orders.................................................................................................... 37 L. Hazardous Waste ............................................................................................. 37 M. Dust Abatement................................................................................................ 37 N. Noise Levels ..................................................................................................... 37 O. Personnel Protective Equipment ...................................................................... 38 P. Right to Require Performance .......................................................................... 38 Q. Compliance with Laws ...................................................................................... 38 R. Venue ............................................................................................................... 38 S. Firearms............................................................................................................ 38 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 Disclosure Forms....................................................................................... 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:

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I. DEFINITIONS
For the purposes of RFB NO. 24-25-37 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

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

5. “RFB” means Request for Bid No. 24-25-37.

II. INTRODUCTION
The City of Visalia is requesting bids for Landscape Maintenance of Quadrant O. Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.

This contract is for the maintenance of approximately 316,155 sq. ft. (7.257 acres) Refer to Attachment D-1 and D-2 of this RFB for square footage and location details.

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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 there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.

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

The City of Visalia reserves the right to reject any or all bids. 787
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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, mark bid as follows:

Landscape Maintenance of Quadrant O
RFB NO. 24-25-37
Bid Submittal Deadline: June 24, 2025 at 2:00pm
Delivery of Bid: When sending a bid via Fed Ex, UPS, etc., it is the responsibility of the Bidder to ensure that Bid is received during open office hours. Office Hours are 7:30am – 5:00pm Monday through Thursday. We are closed on Fridays and major holidays. Bids are not delivered or received when office is closed.

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Questions regarding this RFB are due no later than 4:00pm on Friday, June 13, 2025.

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

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

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Acceptance of contract will be done in phases:

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

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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.

The specifications and standards must be met by Contractor at all times regardless of Contractor’s employees’ absence or established staffing pattern and 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 www.visalia.city.

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Failure of the Contractor to abide by these terms and meet addressed concerns of the Quadrant’s residents will result in a $100 liquidated damages assessment or contract termination. The amount of damages for these types of issues is difficult to estimate, therefore a $100 liquidated damages assessment (per incident) shall represent costs incurred by the City in responding to complaints concerning the Contractor.

6. Mowing All Turf areas covered by this contract shall be mowed at the intervals established by the Level of Service assigned to the area (Level A, Level B or Level C Service).

7. Watering. Irrigation systems must be maintained, repaired, and adjusted to prevent wetting of adjacent streets and water waste during the irrigation cycle.

Materials shall be non-staining, non-corrosive, and shall not leave a flammable residue. Contractor shall not use pesticides in Category 1 (no chemicals with LD50 levels lower than 500 mg/km).

These would include, but not be limited to, several organophosphate and carbamate possessing high mammalian toxicity due to their intense anticholinesterase activity.

Pesticides in Category II may be used with the authorization of the Project Manager.

Fertilization will be on an as needed basis. Project Manager will request a quote for cost of additional services from time to time when services are needed.

All trash and debris are to be removed and disposed of at intervals established by the Level of Service assigned to the area and at the contractor’s expense. 792
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12. Emergency Response. Contractor must be able to respond immediately to emergencies.

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e. Monthly Irrigation Inspection reports (described below), irrigation schedule changes, and contractor signed landscape inspections from the City must be submitted with monthly invoice before payment will be made. Failure to submit all reports may delay the City’s payment to Contractor.

B. LANDSCAPE MAINTENANCE – SPECIFICATIONS

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

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$100 per incident. Because It is difficult to estimate the potential losses in water and the costs for City response time to complaints from residents, $100 has been established as a reasonable assessment.

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

Contractor is to track all irrigation locations where plants are missing and maintain irrigation heads until plants are replaced.

Excessive water run off or overflow onto hard surface areas must be kept to an absolute minimum so as not to cause waste of water, pedestrian and/or vehicular liabilities.

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The contractor shall keep an itemized list of material(s) used to repair vandalism damage and submit to Project Manager for reimbursement of the Contractor’s labor at an hourly rate established in this contract and pay for replacement materials at COST.  Normal Repairs = Contractor is responsible for all normal repairs (i.e. Main line (including from water service meter to the back flow), valves, control wires, sprinklers, nozzles, lateral lines, etc.) The City is not responsible for any repairs needed past the irrigation controller. The backflow devices annual maintenance/testing will be the responsibility of the City of Visalia. All normal repairs are the sole responsibility of the contractor except for repairs needed due to vandalism. Repairs not made within twenty-four (24) hours of notification or not completed to the satisfaction of the Project Manager may be assessed a liquidated damage assessment of $100 per incident.
 Major Repairs = City is responsible for funding major repairs, which include repairs to Irrigation Controllers, Booster Pumps, or Backflow Devices. All major repairs are the responsibility of the contractor to repair and make operable but must be authorized by Project Manager in writing prior to repairs being made. Hourly rate plus materials for major repairs to be authorized by Project Manager prior to any work being done. Contractor is responsible to report in writing any issues with these devices to the Project Manager for authorization to repair or replace.

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

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f. Ground Cover. Sufficient amounts of water shall be applied to ground cover areas to maintain a healthy growth pattern and promote deep rooting. Care shall be taken to not over water or waterlog soil.
g. Banks and Slopes. Sloped landscape areas shall be irrigated in short cycles as required to prevent water runoff, and to maintain horticulturally acceptable growth and color.

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of Industrial Relations regarding the safe application of herbicides under this contract. Care shall be taken to ensure the safety of the public and the contractor's employees during chemical weed control operations. The Project Manager may restrict the use of chemical weed control in certain areas. Pesticide Applicators License is required to apply herbicide. Contractor must supply a copy of this license to the Project Manager.

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

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

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Mature tree canopies must be maintained above eighty-four (84) inches above soil grade for site line visibility. Newly planted, young or non-mature trees, multi-trunk trees, or large shrubs (i.e. Western Redbuds) must also be raised or thinned to maintain site line visibility.

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

Canopy clearance above sidewalks, bikeways, and other pathways of 10'0" is to be maintained for pedestrian safety.

All regulatory street and traffic signs must be clear of tree and plant growth at all times for sight clearances.

Clippings must be picked up, hauled away, and disposed of by the Contractor immediately and appropriately.

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Contractor must maintain a three-foot (3’) diameter circle free of grass/weeds around all trees located in turf areas.

Trees damaged by maintenance equipment shall be replaced by contractor with like size and species. Contractor is responsible for all costs related to replacement.

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.

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Contractor’s purchase of the approved fertilizer will be required and must be submitted to the Project Manager with monthly invoice.

Note: Subject to approval of the Project Manager, fertilization may be altered by use of slowrelease fertilizers such as Woodace containing IBDU formula.

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

The Contractor shall supply itemized labor hours and material cost invoice(s) with monthly invoices in order to be reimbursed for plant replacement.

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 All lawn areas in this contract must be mowed with power-propelled reel or rotarytype mowers.  All mowers must be cleaned prior to each mowing to avoid possible weed invasion.  Mowers must be adjusted and maintained to provide a smooth, uniform cut with no ridges or depressions.
 Turf must be cut with the size of equipment, which will give a neat appearance without rutting, sliding over, or scalping the turf. This will be strictly adhered to, including cases of steep turf slopes.
 Blades must be kept sharp at all times to prevent turf damage.  Mowing patterns must be changed for each mowing service or as often as necessary to avoid rutting.
 Turf must be kept at a uniform height that is recommended for that particular type of turf grass.
 Grass clippings must be removed promptly and disposed of at the Contractor’s expense unless they will dry and drop beneath the growing level of the turf within twenty-four (24) hours.
 Recycling cutting decks that provide an acceptable cut may be used if written approval of Project Manager is obtained prior.

Fescue height shall not exceed three and one half inches (3 ½”).

Common Bermuda must not exceed two inches (2”) in height.

During periods of heavy growth, more than one mowing per week may be required to maintain acceptable appearance within areas assigned at a Level A Service.

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weed control Triplet, Trimec, or Triamine will be applied to control Broadleaf and Crabgrass weeds that are currently growing and weather conditions permit the application. Contractor shall provide Project Manager a quote for work prior to work being started and shall not perform work without Project Manager’s approval of quote. Contractor will be required to notify the Project Manager of the application dates and provide a schedule of areas treated as completed.
d. Edging. All turf adjacent to improved surfaces shall be edged a minimum of once every mowing. Unimproved surfaces between turf and planter areas and/or property lines shall be edged a minimum of once per month to maintain turf delineation.

Turf renovation to remove accumulated thatch from all sites under this contract must be accomplished by power raking or dethatching rakes on turf (care shall be taken so turf is not damaged).

A schedule of equipment to be used by the Contractor shall be submitted to the Project Manager for approval 10 days prior to beginning work.

Contractor shall provide Project Manager a quote for work prior to work being started.

Contractor shall not perform work without Project Manager’s approval of quote.

Project Manager will furnish square footage and locations for aerification.

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d. Groundcovers in median and other Right of Way areas must be trimmed below thirty (30) inches at road/asphalt level for sight clearances for traffic safety. e. Wall covering of Ficus Pumila and other vines, will be trimmed back close to the wall and removed from trees and shrubs, and removed from planter areas as needed. Wall coverings shall not be allowed to grow over the top of the wall.

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

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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.

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.  As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.
 As set forth in CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.  As set forth in CLC section 1771.4(a) (2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html.  The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice 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 section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate 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; 805
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o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811, and 1815, signed under penalty of perjury.
o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776. o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.  The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).  As set forth in labor code 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 set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works 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 forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811, and 1815, signed under penalty of perjury.
o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
o As set forth in CLC section 1775(b) (3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take 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 work performed on the public works project, the contractor shall obtain 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 employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
 In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
 Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division 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. 806
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 Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen 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 employed on the contract. As stated in 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 general or prime contractor when the contract is less than thirty thousand dollars ($30,000).
 As stated in section 1777.7(e), the prime contractor 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 works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within 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 contractor shall take corrective action, including, but 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 penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.  The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.

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subsequent contract by reference and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.

The City will be presumed to request renewal unless the City delivers a thirty (30) day written notice of non-renewal to the Contractor prior to the renewal date.

If Contractor decides not to consent to renewal by the City, then they must provide the City Project Manager with a written notice of non-renewal at least sixty (60) days prior to the renewal date.

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decrease the amount of any class or portion of work, or to omit portions of the work, as the City may deem necessary or advisable, at the prices bid.

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.

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

G. BID FORMS
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.

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H. WITHDRAWAL OF BIDS
Any bid may be withdrawn at any time prior to the time fixed in the public 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 bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. No bid may be withdrawn after the time fixed in the public notice for the opening of bids.

J. OPENING OF BIDS
Bids will be publicly opened at the time, date and place indicated in the Notice Inviting Sealed Bids.

K. INCURRING COSTS
The City of Visalia is not liable for any cost incurred by proposers in responding to this Invitation to Bid.

The following procedures shall apply in regard to appeals:

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The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required 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 right to reject any bid if the evidence submitted by or investigation of such proposer fails to satisfy the City that such bidder is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein. The City expressly reserves the right to reject the bid of any bidder who is in default on the payment of taxes, licenses or other money due to the City of Visalia.

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

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

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

6. Contractor is to sign a notice of acceptance (NOA) within 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) shall be made to the lowest bidder, whose bid is deemed both responsive and responsible and meets the specifications and qualifications listed in bid document.

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D. COOPERATIVE AGREEMENTS
All California agencies may purchase off of this agreement at the same prices, terms, 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 successful contractor’s responsibility to inform potential public agencies of this cooperative requirements contract.

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construed as creating any contractual relationship between any subcontractor and the City. The contractor shall bind every subcontractor by the terms of the contract documents.

Care shall be taken not to move, without the consent of the City Engineer, any sewers, drains, culverts water service, pipes, poles or other structures.

1. Prevention. Contractor shall be responsible for locating and preventing damage to known utilities.

Qualifications of Employees

1. Ensure that employees are physically qualified to perform their assigned duties in a safe manner. 813
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3. Do not allow employees to work whose ability or alertness is impaired because of drugs, fatigue, illness, intoxication, or other conditions that may predispose them to injury.

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.

All vehicles utilized to carry out contracted work for the City shall be in compliance with the State of California emission inspection program.

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B. MEASUREMENT AND PAYMENT
The contractor will be paid monthly in arrears for work satisfactorily performed under this contract. After completed work has been inspected and approved, payment will be made in no more than thirty (30) working days.

Areas with Planters and Turf:

Area Cost Estimate Trash/Debris Turf Planters Trees Irrigation Weed Control 10% 15% 20% 15% 15% 25%
Areas with only Planters:

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 If the area is not brought into compliance by the re-inspection date or the matter otherwise resolved, the City shall withhold the stated amount for the incomplete and/or unsatisfactory work from the next payment processed by the City.
 If the corrections are not made by the Contractor, the City may, in the sole discretion of the City, have the out of compliance area brought into compliance by City forces or by a third party and charge the expense to the Contractor in lieu of a payment adjustment.  The City reserves the right to assess a $100 liquidated damage assessment per incident over and above the cost to correct the unsatisfactory condition for failure to perform any part of the work covered in this contract. Because it is difficult to estimate the potential costs to the City in responding to resident complaints over such conditions, $100 is set as a reasonable estimate of potential costs to the City in responding to a failure by the Contractor.

B. TERMINATION OF CONTRACT

4. Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.
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H. PREVAILING WAGES & LABOR LAWS
Consultant must comply with State and Federal Regulations that apply to this contract, including Prevailing Wage requirements as applicable. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per diem wages as determined by the Director of the California Department of Industrial Relations.

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

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operations and activities of, or on behalf of the named insured, 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.

L. HAZARDOUS WASTE
Contractor shall notify the project manager immediately if any hazardous materials are found on site.

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O. PERSONNEL PROTECTIVE EQUIPMENT
Meet requirements of NIOSH (National Institute for Occupational Safety and Health), and SHA (Mining Safety and Health Act of 1977), where applicable, as well as ANSI (American National Standards Institute.)
P. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

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Name of Bidding Agency:____________________
EXHIBIT ‘A’ BID FORM

CITY OF VISALIA, CA
RFB 24-25-37, LANDSCAPE MAINTENANCE OF QUADRANT O
In compliance with the City’s Notice Inviting Sealed Bids No. 24-25-37 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, transportation, fuel, appurtenances, and incidentals required to perform Landscape Maintenance Service 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.

The City will determine the lowest bidder by the Lowest Total Bid Amount for Level A Service.

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The City reserves the right to add or delete areas (square footage) from this contract if needed. Any added or deleted areas will cause a price adjustment to contract. Price adjustments will be based on the Contractor’s unit price for the Level of Service being provided to the specific area.

Any new areas that may be added shall be maintained to the same standards required by the specifications of the Service Level for that specific area.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.

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

LANDSCAPE MAINTENANCE OF QUADRANT O, PER SPECIFICATIONS OF RFB 24-25-37 Level A Service
Service once per week
(52 times annually)
Quantity
(Sq. Footage) X
Unit Cost
(Monthly) =
Monthly Price
Turf (including irrigation maintenance) 162,320 X $________/sq. ft. = $_____________ Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 153,835 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 work or if vendor is presently transacting business within the City of Visalia regardless of whether the business address is actually located within the City. Contact the Business License Division for clarification of questions at 559-713-4326
FEDERAL TAX I.D. NO: __________________________________ 822
BID NO. 24-25-37

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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 Bidder is subcontracting this work to any entity holding a Pesticide Applicator’s License (QAL category B) and a valid Maintenance Gardener Pest Control Business License. Bidder must properly identify all Subcontractors on the Subcontractor Listing Form submitted at time of bid. All Subcontractors must be DIR Registered and maintain registration in order to perform work under this contract.

Failure to submit the above REQUIRED items may result in disqualification of bid.

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Name of Bidding Agency:____________________

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EXHIBIT “B-1”
Submit with Bid

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.

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EXHIBIT “B-2”
Submit with Bid

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

4. By commencing performance of the Contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

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EXHIBIT “B-3”
Submit with Bid

BID GUARANTEE
Known all men by these presents:

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 certain construction specifically described as follows, for which bids are to be opened at ___________________________ on ___________________________________ for improvement of Invitation to Bid No. 24-25-37
Project: Landscape Maintenance of Quadrant O 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 bid, and files the two bonds with the 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.

Note: Signatures of those executing for the surety must be properly acknowledged. 827
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EXHIBIT “B-4”
Submit with Bid

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

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.

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EXHIBIT “B-5”
Submit with Bid
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

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EXHIBIT “B-6”
Submit with Bid

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EXHIBIT “B-7”
Submit with Bid
Ownership Disclosure and California Levine Act Statement The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:

1. submitting a bid or proposal in response to a solicitation by City of Visalia; or

2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.

If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

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EXHIBIT “B-8”
Submit with Bid

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) ( )

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EXHIBIT “B-9”
Submit with Bid

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

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT O
(City of Visalia Bid No. 24-25-37)
This Agreement, entered into and effective this ________ day of ________________, 2025 [“Effective Date”], by and between the City of Visalia, hereinafter referred 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 individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires to enter into an annual contract for Landscape Maintenance which was let to bid on ___________ as evidenced by Bid No. 24-25-37 (the “Project”); and WHEREAS, City of Visalia reviewed 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 complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

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.

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2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated 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 24-25-37, Landscape Maintenance of Quadrant O, including all attachments and addenda
Attachment 4 CONTRACTOR’s bid in response to Bid No. 24-25-37

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (if any) (“Scope of Services”):

All work described in Scope of Services in Bid No. 24-25-37.

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:

6. CONTRACT PRICE ADJUSTMENTS:

Requests filed after this time will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S.

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movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula 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.

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

CONTRACTOR
Dated: _______________ By:

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Exhibit “C”
Attachment 1

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

B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

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. 837
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J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

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

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

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Exhibit “C”
Attachment 2

INSURANCE REQUIREMENTS

4. Other Insurance Provisions.

5. Endorsements.

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

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
840
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Addendum #1 Page 1 of 1

City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291
(559)713-4334
[email protected]

CITY OF VISALIA, CA
REQUEST FOR BIDS RFB No. 24-25-37

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF QUADRANT O ADDENDUM NO. 1
Issued: Wednesday, June 11, 2025
Bids Due: Tuesday, June 24 2025 at 2:00pm
Addendum is being issued to provide responses to questions. This addendum becomes part of the RFB 24-25-37 document and must be signed and submitted with Bid.

ITEM 1: QUESTIONS/RESPONSES
Q1: Who is the incumbent and what is the current contract valuation? R1: The current contract for Quadrant O is a temporary month to month contract with JCS Land Management. See Attachment 1 for contract amount.

END OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334
Bidder to sign and submit with Bid
Firm: Date:

By:

Bidder’s Signature
Attachment 1: Quadrant O – Contract Amount
841
Attachment 1
RFB 24-25-37 Addendum 1
Quadrant O Contract Amount
842
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Landscape Maintenance of Quadrant O
Addendum #2 Page 1 of 3

City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291
(559)713-4334
[email protected]

CITY OF VISALIA, CA
REQUEST FOR BIDS RFB No. 24-25-37

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF QUADRANT O ADDENDUM NO. 2
Issued: Monday, June 16, 2025
Bids Due: Tuesday, June 24 2025 at 2:00pm
Addendum is being issued to provide responses to questions and to confirm prevailing wages. This addendum becomes part of the RFB 24-25-37 document and must be signed and submitted with Bid.

ITEM 1: QUESTIONS/RESPONSES
Q1: Can I please see the last winning bid awards from the normal bid process for the O, N, P districts? R1: The bid for Quadrant O was previously advertised in 2020. The low bidder was JCS Land Management, and their bid amount at that time is below. For the temporary current month to month contract amount, please refer to Addendum 1.

Q2: Do you have an approximate work start date?
R2: The estimated start date is September 1, 2025.

Q3: Could you please provide a copy of the pre-bid sign in sheet? R3: Please see attached.
843
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