BID NO. 24-25-38
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
Of QUADRANT P
52 of 58
EXHIBIT “C”, Sample Contract – do not submit with Bid
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF
QUADRANT P
(City of Visalia Bid No. 24-25-38)
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. 24-25-38 (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 te rminated 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 conven ience by the CITY, in whole or in part, by giving the CONTRACTOR fifteen (15) days’ written notice of the intent to termin ate whenever the City determines that termination is in the best interest of the City. In t he 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 fo r 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.
BID NO. 24-25-38
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
Of QUADRANT P
53 of 58
2. ATTACHMENTS INCORPORATED :
The following are attachments for this Agreement. Said a ttachments 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 24-25-38, Land scape Maintenance of Quadrant O, including all attachments and addenda
Attachment 4 CONTRACTOR’s bid in response to Bid No. 24-25-38
3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR shall provide the following services fo r 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. 24-25-38.
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 tota l 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 protec t 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 cont ractor to request a price adjustment and to provide all documentation necessary. The request for price adjus tment must be submitted to the proj ect manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual annivers ary date of the agreement.
Requests filed after this time will not be considered.
The unit prices for the ensuing contracts shall be bas ed 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 chan ged in an amount equal to the percentage of Total Compensation: $ Not to exce ed Contractor’s stated bid prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days of re ceipt of Contractor’s itemized invoice.
BID NO. 24-25-38
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
Of QUADRANT P
54 of 58
movement for the most recent twelve-month peri od 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 ye ar. 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 p enalty of perjury under the laws of the State of Califor nia that I am fully authorized to execute this Agreement for CONTRACTOR in t he 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