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HomeMy WebLinkAboutP-21-022 Agreement_Final..pdf 333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 * The County of Fresno is an Equal Employment Opportunity Employer * County of Fresno INTERNAL SERVICES DEPARTMENT Facilities • Fleet • Graphics • Purchasing • Security • Technology PROCUREMENT AGREEMENT Agreement Number P-21-022 January 29, 2021 All Commercial Landscape Service 5213 E. Pine Ave. Fresno, CA 93727 The County of Fresno (County) hereby contracts with All Commercial Landscape Service (Contractor) to provide public right of way landscape maintenance services in accordance with the text of this agreement, Attachment “A”, County of Fresno Request for Quotation No: 21-017 and the attached contractors response to County of Fresno Request for Quotation No: 21-017 by this reference made a part hereof. TERM: This Agreement shall become effective February 1, 2021 and shall remain in effect through January 31st, 2024. EXTENSION: This Agreement may be extended for two (2) additional one (1) year periods by the mutual written consent of all parties. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity . The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment “A” attached, at the rates set forth in Attachment “A”. ORDERS: Orders will be placed on an as-needed basis by Fresno County Public Works and Planning Department under this contract. PRICES: Prices shall be firm for the contract period. Any pricing changes which may take place during the life of the contract must be submitted in writing to the County of Fresno Purchasing Manager and received no less than thirty (30) days prior to becoming effective. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of One Hundred Twelve Thousand One Hundred and Fifty Dollars ($ 112,150.00). ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. DEFAULT: In case of default by Contractor, the County may procure the articles /services from another source and may recover the loss occasioned ther eby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing PROCUREMENT AGREEMENT NUMBER: P-21-022 Page 2 All Commercial Landscape Service January 29, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-022 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES AT CSA 34C\P-21-022 AGREEMENT .DOCX market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. INVOICING: An itemized invoice in duplicate shall be mailed to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. INVOICE TERMS: Net forty-five (45) days from the receipt of invoice. TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30) days written notice to the Contractor. The Contractor reserves the right to terminate this Agreement for any reason upon ninety (90) days written notice to the County. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later . Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses (including attorney’s fees and costs), causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under this Agreement. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis . County may require specific coverage including completed operations, product liability, contractual liabil ity, Explosion-Collapse- Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. PROCUREMENT AGREEMENT NUMBER: P-21-022 Page 3 All Commercial Landscape Service January 29, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-022 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES AT CSA 34C\P-21-022 AGREEMENT .DOCX C. Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. Additional Requirements Relating to Insurance : Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor’s waiver of subrogation under this paragraph is eff ective whether or not Contractor obtains such an endorsement. Within Thirty (30) days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to Fresno County Public Works & Planning, Resources Division, Special Districts, CSA 34C 2220 Tulare Street 6th Floor, Fresno, CA 93721 stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as ad ditional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M . Best, Inc. rating of A FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence . INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agen t, servant, employee, joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function . However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. PROCUREMENT AGREEMENT NUMBER: P-21-022 Page 4 All Commercial Landscape Service January 29, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-022 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES AT CSA 34C\P-21-022 AGREEMENT .DOCX Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nat ure whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this Agreement (excluding Attachment "A", County's Request for Quotation No. 21-017 and the Contractor's Quote in response thereto); (2) Attachment "A"; (3) the County's Request for Quotation No . 21- 017 and (4) the Contractor's quotation made in response to County's Request for Quotation No. 21-017. GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or USPS. Please refer any inquiries in this matter to Chanvathei Lonh, Purchasing Technician, at (559) 600-7119 or clonh@fresnocountyca.gov. FOR THE COUNTY OF FRESNO Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:CL G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-022 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES AT CSA 34C\P-21- 022 AGREEMENT TEMPLATE.DOCX G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 ADDENDUM 1.DOC COUNTY OF FRESNO ADDENDUM NUMBER: ONE (1) RFQ NUMBER: 21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION Issue Date: November 24, 2020 CLOSING DATE: DECEMBER 3, 2020 AT 2:00 PM Submit all Questions and Quotations on the Bid Page at Public Purchase. For assistance contact Chanvathei Lonh at (559) 600-7110. NOTE THE FOLLOWING ADDITIONS, DELETIONS AND/OR CHANGES TO THE REQUIREMENTS OF REQUEST FOR QUOTATION NUMBER: 21-017 AND INCLUDE THEM IN YOUR RESPONSE. PLEASE SIGN AND RETURN THIS ADDENDUM WITH YOUR QUOTATION. Q1. Can you provide a copy of the last contract? A1. This is a new bid, for a new project. We do not have a prior contract to provide as requested. ACKNOWLEDGMENT OF ADDENDUM NUMBER ONE (1) TO RFQ 21-017 COMPANY NAME:(PRINT) SIGNATURE: NAME & TITLE:(PRINT) Purchasing Use:CL:st ORG/Requisition: 9254/2412100001 G:\Public\RFQ\FY 2020-21\21-017 Right of Way Landscape Maintenance Services for County Service Area No. 34C Bella Vista Subdivision\21-017 Landscape Maintenance Services for CSA 34C Bella Vista.docx COUNTY OF FRESNO REQUEST FOR QUOTATION NUMBER: 21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION Issue Date: November 12, 2020 Closing Date: DECEMBER 3, 2020 AT 2:00 PM All Questions and Responses must be electronically submitted on the Bid Page on Public Purchase. For assistance, contact Chanvathei Lonh at Phone (559) 600-7110. BIDDER TO COMPLETE Undersigned agrees to furnish the commodity or service stipulated in the attached at the prices and terms stated in this RFQ. Bid must be signed and dated by an authorized officer or employee. Except as noted on individual items, the following will apply to all items in the Quotation Schedule: A cash discount of % days will apply. County does not accept terms less than 15 days. COMPANY CONTACT PERSON ADDRESS CITY STATE ZIP CODE ( ) TELEPHONE NUMBER E-MAIL ADDRESS AUTHORIZED SIGNATURE PRINT NAME TITLE Purchasing Use:CL:st ORG/Requisition:9254 /2412100001 Quotation No. 21-017 Page 2 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX TABLE OF CONTENTS PAGE KEY DATES....................................................................................................................3 OVERVIEW.....................................................................................................................3 BID INSTRUCTIONS ......................................................................................................4 GENERAL REQUIREMENTS & CONDITIONS...............................................................5 INSURANCE REQUIREMENTS ...................................................................................13 PARTICIPATION...........................................................................................................15 DIR ACKNOWLEDGEMENT.........................................................................................15 REFERENCE LIST........................................................................................................16 SCOPE OF WORK........................................................................................................17 QUOTATION SCHEDULE.............................................................................................20 CHECK LIST.................................................................................................................21 EXHIBIT A.....................................................................................................................22 Quotation No. 21-017 Page 3 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX KEY DATES RFQ Issue Date: November 12, 2020 County of Fresno - Purchasing 333 W. Pontiac Way Clovis, CA 93612 Written Questions for RFQ Due:November 23, 2020 at 10:00 AM Questions must be submitted on the Bid Page at Public Purchase. RFQ Closing Date: December 3, 2020 at 2:00 PM Quotations must be electronically submitted on the Bid Page. Examination of Site:Where work is to be performed on County site, each bidder shall have examined the site of work before bidding and shall be responsible for having acquired full knowledge of the job and of all problems affecting it. No variations or allowance from the contract sum will be made because of lack of such examination. Bidders are to contact Julie Zimmer-Belle at County of Fresno- Public Works & Planning at (559) 600-4481 if they have questions regarding locations. OVERVIEW The County of Fresno is soliciting bids to establish an agreement under which the successful bidder will provide all labor, materials equipment, permits, fees, taxes and insurance etc., to provide public right-of- way landscape maintenance services at County Service Area No. 34C (CSA 34C) Bella Vista Subdivision as specified herein. Quotation No. 21-017 Page 4 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX BID INSTRUCTIONS Bidders must electronically submit bid package in pdf format, no later than the quotation closing date and time as stated on the front of this document, to the Bid Page on Public Purchase. The County will not be responsible for and will not accept late bids due to slow internet connection or incomplete transmissions. Bids received after the closing time will NOT be considered. All quotations shall remain firm for 180 days. Interpretation: Should any discrepancies or omissions be found in the bid specifications or doubt as to their meaning, the bidder shall notify the Buyer in writing at once. The County shall not be held responsible for verbal interpretations. Questions regarding the bid must be received by Purchasing prior to the date and time stated within this document. All addenda issued shall be in writing, duly issued by Purchasing and incorporated into the contract. ISSUING AGENT/AUTHORIZED CONTACT: This RFQ has been issued by County of Fresno, Purchasing. Purchasing shall be the vendor’s sole point of contact with regard to the RFQ, its content, and all issues concerning it. All communication regarding this RFQ shall be directed to an authorized representative of County Purchasing. The specific buyer managing this RFQ is identified on the cover page, along with his or her telephone number, and he or she should be the primary point of contact for discussions or information pertaining to the RFQ. Contact with any other County representative, including elected officials, for the purpose of discussing this RFQ, its content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in writing) with such other County representatives, may constitute grounds for rejection by Purchasing of the vendor’s quotation. The above stated restriction on vendor contact with County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a vendor initiates a formal protest against the RFQ, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County’s established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may address the Board. APPEALS: Appeals must be submitted in writing within seven (7) working days after notification of proposed recommendations for award. A “Notice of Award” is not an indication of County’s acceptance of an offer made in response to this RFQ. Appeals shall be submitted to County of Fresno Purchasing, 333 W. Pontiac Way, Clovis, CA 93612 and in Word format to gcornuelle@FresnoCountyCA.gov. Appeals should address only areas regarding RFQ contradictions, procurement errors, proposal rating discrepancies, legality of procurement context, conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFQ process. Purchasing will provide a written response to the complainant within seven (7) working days unless the complainant is notified more time is required. If the appealing bidder is not satisfied with the decision of Purchasing, bidder shall have the right to appeal to the County Administrative Office within seven (7) working days after Purchasing’s notification; if the appealing bidder is not satisfied with CAO’s decision, the final appeal is with the Board of Supervisors. Please contact Purchasing if the appeal will be going to the Board of Supervisors. Quotation No. 21-017 Page 5 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX GENERAL REQUIREMENTS & CONDITIONS DEFINITIONS: The terms Bidder, Proposer, Contractor and Vendor are all used interchangeably and refer to that person, partnership, corporation, organization, agency, etc. which is offering the quotation and is identified on page one of this Request For Quotation (RFQ). INTERPRETATION OF RFQ: Vendors must make careful examination of the requirements, specifications and conditions expressed in the RFQ and fully inform themselves as to the quality and character of services required. If any person planning to submit a quotation finds discrepancies in or omissions from the RFQ or has any doubt as to the true meaning or interpretation, correction thereof may be requested in writing from Purchasing by November 23, 2020 at 10:00 AM, cut-off. Questions must be submitted on the Bid Page at Public Purchase or contact Chanvathei Lonh at (559) 600- 7110. NOTE: Time constraints will prevent County from responding to questions submitted after the cut-off date. Any change in the Request for Quotation will be made by written addendum issued by the County. The County will not be responsible for any other explanations or interpretations. AWARD: Award will be made to the vendor(s) offering the services and prices deemed to be to the best advantage of the County. Past performance (County contracts within the past seven years) and references may factor into awarding of a contract. The County shall be the sole judge in making such determination. Award Notices are tentative: Acceptance of an offer made in response to this RFQ shall occur only upon execution of an agreement by both parties or issuance of a valid written Purchase Order by Fresno County Purchasing. RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. Failure to respond to all questions or not to supply the requested information could result in rejection of your quotation. CODES AND REGULATIONS: All work and material to conform to all applicable Federal, State, local and special district building codes, laws, ordinances, and regulations. SALES TAX: Fresno County pays California State Sales Tax in the amount of 7.975% regardless of vendor's place of doing business. TAXES, PERMITS & FEES:The successful bidder shall pay for and include all federal, state and local taxes direct or indirect upon all materials; pay all fees for, and obtain all necessary permits and licenses, unless otherwise specified herein. TAXES, CHARGES AND EXTRAS: A)DO NOT include Federal Excise Tax. County is exempt under Registration No. 94-73-03401-K. B) County is exempt from Federal Transportation Tax. Exemption certificate is not required where shipping papers show consignee as County of Fresno. C) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid. SPECIFICATIONS AND EQUALS: Brand names, where used, are a means of establishing quality and style. Bidders are invited to quote their equals. Alternate offers are to be supported by literature, which fully describes items that you are bidding. No exceptions to or deviations from this specification will be considered unless each exception or deviation is specifically stated by the bidder, in the designated places. If no exceptions or deviations are shown, the bidder will be required to furnish items exactly as specified herein. The burden of proof of compliance with this specification is the responsibility of the bidder. Quotation No. 21-017 Page 6 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX LITERATURE: Bidders shall submit literature, which fully describes items on which they are bidding, not later than the closing date of this bid. Any and all literature submitted must be stamped with bidders name and address. MERCHANDISE RETURNABLE FOR FULL CREDIT: Bidder agrees to accept for full credit any merchandise sold by him on contract or award resulting from this bid, if returned in good condition by the County. GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for which they are designed. PACKAGING: Each item listed in the bid gives as part of its description the minimum packaging size that the County would order. The County feels it more reasonable to order the successful bidder's standard "carton" sizes; therefore, each bidder is asked to fill in the information for each item. Normally the circumstances resort to minimum package size orders. Be sure to fill in your "standard" carton size on the quotation schedule if different from stated. Quote separate prices on each individual item in County unit of measure (i.e., EA, DZ, PG, not your standard carton price). SAMPLES: On request, samples of the products on which you are bidding shall be made available to the County. County will designate where samples are to be delivered. Successful bidder's samples may be retained for checking against delivery, in which case allowance will be made to vendor. Samples, when required, must be furnished and delivered free and, if not destroyed by tests, will upon written request (within thirty (30) days of bid closing date) be returned at the bidder's expense. In the absence of such notification, County shall have the right to dispose of the samples in whatever manner it deems appropriate. VENDOR ASSISTANCE: Successful bidder shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements. MINOR DEVIATIONS: The County reserves the right to negotiate minor deviations from the prescribed terms, conditions and requirements with the selected vendor. BIDDERS’ LIABILITIES: County of Fresno will not be held liable for any cost incurred by vendors in responding to the RFQ. PRICE RESPONSIBILITY: The selected vendor will be required to assume full responsibility for all services and activities offered in the quotation, whether or not they are provided directly. Further, the County of Fresno will consider the selected vendor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. The contractor may not subcontract or transfer the contract, or any right or obligation arising out of the contract, without first having obtained the express written consent of the County. PRICES: Bidder agrees that prices quoted are for the contract period, and in the event of a price decline such lower prices shall be extended to the County of Fresno. Prices shall be quoted F.O.B. destination. CONFIDENTIALITY: Bidders shall not disclose information about the County's business or business practices and safeguard confidential data which vendor staff may have access to in the course of system implementation. NEWS RELEASE: Vendors shall not issue any news releases or otherwise release information to any third party about this RFQ or the vendor's quotation without prior written approval from the County of Fresno. Quotation No. 21-017 Page 7 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX BACKGROUND REVIEW: The County reserves the right to conduct a background inquiry of each proposer/bidder which may include collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a quotation/bid to the County, the vendor consents to such an inquiry and agrees to make available to the County such books and records the County deems necessary to conduct the inquiry. ADDENDA: In the event that it becomes necessary to revise any part of this RFQ, addenda will be provided to all agencies and organizations that receive the basic RFQ. CONFLICT OF INTEREST: The County shall not contract with, and shall reject any bid or quotation submitted by the persons or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract: 1.Employees of the County or public agencies for which the Board of Supervisors is the governing body. 2.Profit-making firms or businesses in which employees described in Subsection (1) serve as officers, principals, partners or major shareholders. 3.Persons who, within the immediately preceding twelve (12) months, came within the provisions of Subsection (1), and who were employees in positions of substantial responsibility in the area of service to be performed by the contract, or participated in any way in developing the contract or its service specifications. 4.Profit-making firms or businesses in which the former employees described in Subsection (3) serve as officers, principals, partners or major shareholders. 5.No County employee whose position in the County enables him to influence the selection of a contractor for this RFQ, or any competing RFQ, and no spouse or economic dependent of such employee, shall be employees in any capacity by a bidder, or have any other direct or indirect financial interest in the selection of a contractor. INVOICING: All invoices are to be delivered to Fresno County Public Works and Planning, Resources Division, Special Districts Administration, 2220 Tulare Street, 6th Floor, Fresno, CA 93721. Each invoice shall reference the purchase order or contract number and the equipment number if applicable. PAYMENT: County will make partial payments for all purchases made under the contract/purchase order and accumulated during the month. Terms of payment will be net forty-five (45) days. County will consider the Bidder’s Cash discount Offer, in lieu of the net forty-five (45) days payment terms. CONTRACT TERM: It is County’s intent to contract with the successful bidder for a term of three (3) years. RENEWAL: Agreement may be renewed for a potential of two (2) one (1) year periods, based on the mutual written consent of all parties. QUANTITIES: Quantities shown in the bid schedule are approximate and the County guarantees no minimum amount. The County reserves the right to increase or decrease quantities. ORDERING: Orders will be placed as required by County of Fresno Public Works and Planning, Resources Division, Special Districts Administration, 2220 Tulare Street, 6th Floor, Fresno, CA 93721. TERMINATION: The County reserves the right to terminate any resulting contract upon written notice. INDEPENDENT CONTRACTOR: In performance of the work, duties, and obligations assumed by Contractor under any ensuing Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of Contractor’s officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Quotation No. 21-017 Page 8 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of the Agreement, Contractor may be providing services to others unrelated to the County or to the Agreement. SELF-DEALING TRANSACTION DISCLOSURE: Contractor agrees that when operating as a corporation (a for-profit or non-profit corporation), or if during the term of the agreement the Contractor changes its status to operate as a corporation, members of the Contractor’s Board of Directors shall disclose any self-dealing transactions that they are a party to while Contractor is providing goods or performing services under the agreement with the County. A self-dealing transaction shall mean a transaction to which the Contractor is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Fresno County Self-Dealing Transaction Disclosure Form and submitting it to the County prior to commencing with the self-dealing transaction or immediately thereafter. HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save, hold harmless and at County's request, defend the County, its officers, agents and employees, from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims and losses occurring or resulting to County in connection with the performance, or failure to perform, by Contractor, its officers, agents or employees under this Agreement and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents or employees under this Agreement. MATERIALS TO BE NEW: All materials shall be new and of merchantable grade, free from defect. No bid will be considered unless it is accompanied by a complete list of manufacturer's catalog numbers of the items, which the bidder proposes to furnish, together with full descriptive literature on all items so enumerated. If item proposed differs from these specifications, bidder shall present specific explanation of functioning and structural characteristics for those details which differ from the specifications listed herein. SAFETY DATA SHEETS:With the invoice or within twenty-five (25) days of delivery, the seller must provide to the County a Safety Data Sheet for each product, which contains any substance on “The List of 800 Hazardous Substances”, published by the State Director of Industrial Relations. (See Hazardous Substances Information and Training Act, California State Labor Code Sections 6360 through 6399.7.) RECYCLED PRODUCTS/MATERIALS: Vendors are encouraged to provide and quote (with documentation) recycled or recyclable products/materials which meet stated specifications. EXAMINATION OF SITE: Where work is to be performed on County site, each bidder shall have examined the site of work before bidding and shall be responsible for having acquired full knowledge of the job and of all problems affecting it. No variations or allowance from the contract sum will be made because of lack of such examination. DAMAGE TO EXISTING WORK: Damage to existing construction, equipment, planting, etc., by the contractor in the performance of his work shall be replaced or repaired and restored to original condition by the contractor. CLEAN UP: The Contractor shall at all times, keep the premises clean from accumulation of waste materials or rubbish caused by his employees or work and shall remove all resulting work debris from the job site. Quotation No. 21-017 Page 9 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX WATER, POWER & TOILET FACILITIES: Successful bidder may use County owned water, power and toilet facilities at job site (when existing) at no expense to the successful bidder. Successful bidder will be required, however, to provide piping, fittings and other items as necessary to bring water and power from existing service to job site. COORDINATE WORK WITH OWNER:Successful bidder shall coordinate and schedule the work with the County so that any interruption to the normal business operations be kept to a minimum. INSPECTION:All material and workmanship shall be subject to inspection, examination and test by the County at any and all times during which manufacture and/or construction are carried on. The County shall have the right to reject defective material and workmanship or require its correction. SUPERVISION: The Contractor shall give efficient supervision to the work, using therein the skill and diligence for which he is remunerated in the contract price. He shall carefully inspect the site and study and compare all drawings, specifications and other instructions, as ignorance of any phase of any of the features or conditions affecting the contract will not excuse him from carrying out its provisions to its full intent. STANDARD OF PERFORMANCE: All work shall be performed in a good and workmanlike manner. SAFEGUARDS: The successful bidder shall provide, in conformity with all local codes and ordinances and as may be required, such temporary walls, fences, guardrails, barricades, lights, danger signs, enclosures, etc., and shall maintain such safeguards until all work is completed. SB 854: California law (SB854) now requires public works contractors subject to prevailing wage requirements to register annually with the Department of Industrial Relations (DIR) and pay an annual fee. The County of Fresno will not accept public works bids from contractors and subcontractors who have not registered with the DIR and have not met this requirement. Please refer to http://www.dir.ca.gov/Public- Works/PublicWorksSB854.html for more information. This requirement, found in Labor Code Sections 1725.5 and 1770-1777.7, now applies to all public works projects. Contractor must submit verification of DIR registration with their quotation. Failure to submit verification may result in their quotation being considered non-responsive. PREVAILING WAGES: The work to be done on this project will involve the repair, alteration, maintenance, installation, rehabilitation, demolition, construction or reconstruction of public buildings, streets, utilities, and/or other public works. In accordance with Labor Code section 1770, et seq., the Director of the Department of Industrial Relations of the State of California has determined the general prevailing wages rates and employer payments for health and welfare pension, vacation, travel time and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093, and similar purposes applicable to this public work project. Information pertaining to applicable Prevailing Wage Rates may be found on the website for the State of California – Department of Industrial Relations: http://www.dir.ca.gov/oprl/PWD/index.htm. Information pertaining to applicable prevailing wage rates for apprentices may be found on the website for the State of California – Department of Industrial Relations: http://www.dir.ca.gov/oprl/pwappwage/PWAppWageStart.asp It shall be mandatory upon the Contractor herein and upon any subcontractor to pay not less than the prevailing wage rates, including overtime and holiday rates, to all workers, laborers, or mechanics employed on this public work project, including those workers employed as apprentices. Further, Contractor and each subcontractor shall comply with Labor Code sections 1777.5 and 1777.6 concerning the employment of apprentices. A copy of the above-mentioned prevailing wage rates shall be posted by the Contractor at the job site where it will be available to any interested party. Contractor shall comply with Labor Code section 1775 and forfeit as a penalty to County Two Hundred Dollars ($200.00) for each calendar day or portion thereof, for each worker paid less than the prevailing wage rates for the work or craft in which the worker is employed for any work done under this project by Contractor or by any subcontractor under Contractor in violation of Labor Code section 1770, et seq. In Quotation No. 21-017 Page 10 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX addition to the penalty, the difference between the prevailing wage rates and amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor. Contractor and each subcontractor shall keep an accurate record showing the names, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this public work project. In accordance with Labor Code section 1776, each payroll record shall be certified and verified by a written declaration under penalty of perjury stating that the information within the payroll record is true and correct and that the Contractor or subcontractor complied with the requirements of Labor Code sections 1771, 1811 and 1815 for any work performed by its employees on this public work project. These records shall be open at all reasonable hours to inspection by the County, its officers and agents, and to the representatives of the State of California – Department of Industrial Relations, including but not limited to the Division of Labor Standards Enforcement. BONDS: PERFORMANCE BOND: The successful bidders may be required to furnish a faithful performance bond. BONDS: The successful bidder will be required to furnish a Faithful Performance Bond and a Labor and Materials Bond in an amount equal to one hundred percent (100%) of the contract price. BONDING COMPANY: The company issuing bonds shall be a corporate surety admitted by the California Insurance Commissioner to do business in the State of California with an A.M Best rating of B++ VIII or better. COORDINATION AND COMPLETION: The successful bidder shall contact and meet with the County Coordinator at the job site prior to commencement and completion of any work. Successful bidder shall complete the job as instructed and described in writing by the contract, bid or amendment. Any problem or questions that arise in the scope of work, the County must be contacted and the appropriate written amendment generated. NOTICE TO PROCEED: Following execution of the agreement by both parties (County and Contractor), the County will issue a written Notice to Proceed for the project specified herein. The completion period as defined below, shall commence upon the date that the Notice to Proceed is delivered to the Contractor. GUARANTEE: The successful bidder shall fully guarantee all aspects of the project for the minimum period of one (1) year. Such one (1) year period shall commence upon the date of final acceptance by County. The guarantee shall include but in no way be limited to workmanship, equipment and materials. DISPUTE RESOLUTION: The ensuing contract shall be governed by the laws of the state of California. Any claim which cannot be amicably settled without court action will be litigated in the U.S. District Court for the Eastern District of California in Fresno, CA or in a state court for Fresno County. DEFAULT: In case of default by the selected bidder, the County may procure the services from another source and may recover the loss occasioned thereby from any unpaid balance due the selected bidder, or by any other legal means available to the County. Regardless of F.O.B. point, vendor agrees to bear all risks of loss, injury or destruction to goods and materials ordered herein which occur prior to delivery and such loss, injury or destruction shall not release vendor from any obligation hereunder ASSIGNMENTS: The ensuing proposed contract will provide that the vendor may not assign any payment or portions of payments without prior written consent of the County of Fresno. Quotation No. 21-017 Page 11 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX ASSURANCES: Any contract awarded under this RFQ must be carried out in full compliance with the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, their subsequent amendments, and any and all other laws protecting the rights of individuals and agencies. The County of Fresno has a zero tolerance for discrimination, implied or expressed, and wants to ensure that policy continues under this RFQ. The contractor must also guarantee that services, or workmanship, provided will be performed in compliance with all applicable local, state, or federal laws and regulations pertinent to the types of services, or project, of the nature required under this RFQ. In addition, the contractor may be required to provide evidence substantiating that their employees have the necessary skills and training to perform the required services or work. OBLIGATIONS OF CONTRACTOR: Contractor warrants on behalf of itself and all subcontractors engaged for the performance of the ensuing contract that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. TIE BIDS: With all other factors being equal, the contract shall be awarded to the Fresno County vendor or, if neither or both are Fresno County vendors, the tied vendors will be granted the opportunity to submit new bids or the entire bid may be rejected and re-bid. If the General Requirements of the RFQ state that they are applicable, the provisions of the Fresno County Local Vendor Preference shall take priority over this paragraph. DATA SECURITY: Individuals and/or agencies that enter into a contractual relationship with the County for the purpose of providing services must employ adequate controls and data security measures, both internally and externally to ensure and protect the confidential information and/or data provided to contractor by the County, preventing the potential loss, misappropriation or inadvertent access, viewing, use or disclosure of County data including sensitive or personal client information; abuse of County resources; and/or disruption to County operations. Individuals and/or agencies may not connect to or use County networks/systems via personally owned mobile, wireless or handheld devices unless authorized by County for telecommuting purposes and provide a secure connection; up to date virus protection and mobile devices must have the remote wipe feature enabled. Computers or computer peripherals including mobile storage devices may not be used (County or Contractor device) or brought in for use into the County’s system(s) without prior authorization from County’s Chief Information Officer and/or designee(s). No storage of County’s private, confidential or sensitive data on any hard-disk drive, portable storage device or remote storage installation unless encrypted according to advance encryption standards (AES of 128 bit or higher). The County will immediately be notified of any violations, breaches or potential breaches of security related to County’s confidential information, data and/or data processing equipment which stores or processes County data, internally or externally. County shall provide oversight to Contractor’s response to all incidents arising from a possible breach of security related to County‘s confidential client information. Contractor will be responsible to issue any notification to affected individuals as required by law or as deemed necessary by County in its sole discretion. Contractor will be responsible for all costs incurred as a result of providing the required notification. AUDITS AND RETENTION: The Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three (3) years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. Quotation No. 21-017 Page 12 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX BIDDER TO COMPLETE: SUBCONTRACTORS: List all subcontractors that would perform work in excess of one/half of one percent of the total amount of your bid, and state general type of work such subcontractor would be performing. The primary contractor is not relieved of any responsibility by virtue of using a subcontractor: CONTRACTOR'S LICENSE: Bidder to possess appropriate license for the project in accordance with current regulations/statutes. The bidder shall possess a current State of California C-27 Landscaping Contractor License classification, issued by the Department of Consumer Affairs, Contractors State License Board. The proposal must indicate the license held by the bidder, which enables him/her to perform the work. Number and Class: Date of Issue: Bidder must also submit verification of Contractor’s License from the Department of Consumer Affairs – Contractors’ State License Board. Failure to submit verification may result in bidder’s response being considered non-responsive. Public Contract Code Section 7028.15:Where the State of California requires a Contractor’s license, it is a misdemeanor for any person to submit a bid unless specifically exempted. Quotation No. 21-017 Page 13 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX INSURANCE REQUIREMENTS INSURANCE: Without limiting the County’s right to obtain indemnification from Contractor or any third parties, Contractor, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse- Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. C. Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. This coverage shall be issued on a per claim basis. Contractor agrees that it shall maintain, at its sole expense, in full force and effect for a period of three years following the termination of this Agreement, one or more policies of professional liability insurance with limits of coverage as specified herein. D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. Additional Requirements Relating to Insurance: Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor’s waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. Within thirty (30) days from the date Contractor executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, County Service Area 34C Administrator, 2220 Tulare Street, 6th Floor, Fresno, CA 93721, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. Quotation No. 21-017 Page 14 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. Quotation No. 21-017 Page 15 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX BIDDER TO COMPLETE THE FOLLOWING: PARTICIPATION The County of Fresno is a member of the Central Valley Purchasing Group. This group consists of Fresno, Kern, Kings, and Tulare Counties and all governmental, tax supported agencies within these counties. Whenever possible, these and other tax supported agencies co-op (piggyback) on contracts put in place by one of the other agencies. Any agency choosing to avail itself of this opportunity, will make purchases in their own name, make payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the original contract, all the while holding the County of Fresno harmless. If awarded this contract, please indicate whether you would extend the same terms and conditions to all tax supported agencies within this group as you are proposing to extend to Fresno County. Yes, we will extend contract terms and conditions to all qualified agencies within the Central Valley Purchasing Group and other tax supported agencies. No, we will not extend contract terms to any agency other than the County of Fresno. (Authorized Signature) Title DIR ACKNOWLEDGEMENT I acknowledge in accordance with labor Code Sections 1725.5 and 1770-1777.7, that I have registered with the Department of Industrial Relations (DIR) and all Certified Payroll Records will be uploaded to the DIR Website. Any additional requirements that materialize from the SB854 legislation will be complied with. Attached is verification of the DIR registration. (Authorized Signature) Title DIR Number Quotation No. 21-017 Page 16 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR QUOTATION. Firm: REFERENCE LIST Provide a list of at least five (5) customers for whom you have recently provided similar products/services. If you have held a contract for similar services with the County of Fresno within the past seven (7) years, list the County as one of your customers. Please list the person most familiar with your contract. Be sure to include all requested information. Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name:Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name:Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name:Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name:Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Failure to provide a list of at least five (5) customers may be cause for rejection of this RFQ. Quotation No. 21-017 Page 17 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX SCOPE OF WORK CATEGORY AND SCOPE OF PROPOSED MAINTENANCE SERVICES LANDSCAPE BIWEEKLY MAINTENANCE The scope of services includes all work to perform public right-of-way landscape, storm basin and open space maintenance at landscape sites shown on the attached, Exhibit “A.” Contractor will be responsible to keep walkways, driveways, and gutters clear of debris, trim ground cover, prune shrubs and trees, control insects and diseases, fertilize all plant materials, weed and remove litter and debris from all landscaping areas, eliminate rodents, maintain irrigation systems in good working order and adhere to all safety requirements and personal protective equipment (PPE) requirements. All landscape maintenance is biweekly unless otherwise stated in the following description. The following is a description of all the activities required by the Contractor: 1. EDGING All ground cover and shrubs adjacent to walkways and curbs shall be trimmed to maintain a crisp, manicured appearance. 2. GROUND COVER All ground cover shall be kept low, trimmed, and weed free. Ground cover shall be kept from covering valve boxes, irrigation control boxes, mainline valves, air-vac boxes, meters, and backflow devices. 3. WATERING Irrigation systems shall be turned off manually or confirmed to turn off, if automated, during long periods of rain. The contractor will adjust irrigation timers to eliminate excess run-off and over spray at all water sites. All sites will be irrigated during the hours of 9:00 p.m. to 6:00 a.m. 4. WEED CONTROL a. Contractor is responsible for pre and post emergence herbicide spraying on all sites throughout District quarterly. At no time shall the contractor spray herbicide to a distance less than10 feet of a water production facility. Contractor shall avoid spraying beyond designated work areas and avoid beyond existing landscaped areas. At no time shall Contractor spray when there is wind or a breeze. Contractor will apply an herbicide that meets CA-EPA standards. b. Contractor will furnish all labor, materials, and equipment necessary for application. Contractor shall provide a copy of a current State of California Qualified Applicator License and Qualified Applicator Certificate (QAL) & (QAC) for the applicator on the site. Contractor shall adhere to all State of California and Federal reporting guidelines. c. All unused chemicals shall be removed from District property immediately after application. All unused chemicals are the property of the contractor and will be disposed of or stored per applicable laws, ordinances, and industry standards. Contractor will provide off-site storage facilities for all material and equipment used in the application of the herbicide. No storage containers (full or empty) shall be stored on District property. Contractor is responsible in handling all chemicals and herbicides, in accordance with all applicable Federal, State, County and Local laws and including mandated regulations and label requirements. The contractor will provide District with all Safety Data Sheets (SDS) prior to starting work. 5. WEED ABATEMENT Weed abatement consists of spraying, pulling and/or cutting weeds on an as deemed necessary for the sites listed. 6. PEST CONTROL a. Contractor shall provide pest control as necessary. Pest control may include, but not limited to, aphids, snails, wireworms, grasshoppers. The contractor shall provide pest control with the presence of ground squirrel or evidence of gopher. The application of pest control can be either liquid or granular form. Quotation No. 21-017 Page 18 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX b. Contractor is responsible in handling all chemicals and pesticides, in accordance with all applicable Federal, State, County and Local laws and including mandated regulations and label requirements. Contractor will provide District with all Safety Data Sheets (SDS) prior to starting work. 7. SHRUBS a. Contractor shall trim or prune shrubs as needed (but no less than monthly), and shape shrubs in either a formal or informal manner, dependent upon plant species. Contractor shall keep shrubs clear of all District appurtenances including water meters, backflow devices, fire hydrants, air vacs, mainline valve cans, irrigation control valves, and irrigation control clocks. b. Contractor shall apply fertilizer as deemed necessary. 8. TREES a. All trees shall be monitored on the frequency noted in Exhibit “A” and/or as deemed necessary. Contractor shall maintain all ties and stakes. All support devices shall be removed and/or replaced should tree growth no longer require support or the tree becomes damaged due to the support. Contractor shall supply all support devices, wires and ties when required. b. Fertilizer will be applied, as deemed necessary. c. Insecticides will be applied in liquid form to control insects and pests. 9. IRRIGATION AND DRAINAGE a. Contractor shall notify District's Administrator to repair on sprinkler heads, irrigation lines, and valves, and obtain District approval before repairs service are rendered. Vandalism to irrigation control clocks and backflow devices will be considered vandalism and must be brought to the attention of the District for further action. Irrigation leaks occurring under asphalt and/or concrete walkways will be repaired by the District. Battery operated clocks are to be maintained by contractor. b. Contractor shall notify the District's Administrator for vandalism to the irrigation system. Contractor shall be responsible for proper adjustment of sprinklers and maintain adequate coverage. Contractor shall adjust irrigation timers to eliminate excessive runoff and overspray at all water sites. Contractor shall monitor all irrigation and watering systems at the time of maintenance to ensure proper working order. Contractor shall observe the full watering cycle to ensure correct irrigation duration. Irrigation timers shall be set to water landscaping during the hours of 9:00 p.m. to 6:00 a.m. 10. CLEAN UP a. Contractor shall properly dispose of all clippings, trash and other waste, in a manner consistent with local laws, ordinances or codes. b. All trash shall be collected from around irrigation control stations, and other facilities as necessary. Leaves shall be kept clear from all walkways as necessary. 11. ADDITIONAL RESPONSIBILITIES OF THE CONTRACTOR a. Contractor shall provide all labor, equipment, tools, chemicals, and supervision required to perform all work including, but not limited to: b. Protective clothing and equipment required per the chemical manufacturer's herbicide label statements. c. All necessary City, County, and State permits and/or licenses for equipment and personnel. d. Hours worked at District sites must adhere to local ordinances. e. Devices such as keys, etc. necessary to access District sites will be issued by the District to the contractor. If contractor loses the keys necessary to access District sites, then the contractor shall pay the current replacement cost of the keys. f. Contractor shall furnish all fertilizers, pesticides, and insecticides for the work. Prior to placement, contractor shall provide SDS sheets for all chemicals used. Contractor shall meet all CA-EPA Riverside County Specs, for chemical spraying. g. Contractor shall maintain at all times a 24-hour emergency contact telephone number. Quotation No. 21-017 Page 19 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX h. Contractor shall be responsible for the acquiring all necessary permits for completing the work under this entire section titled, “SERVICE DESCRIPTION” for the scope of work to be performed. Prior to commencing work, contractor shall provide the District evidence of all applicable permits, including permits issued by the State, County and City having jurisdiction over the work. i. Contractor shall comply with District insurance requirements. j. Contractor work crews shall perform work in a safe, orderly, and professional manner. Contractor shall have work crew wearing garment that identifies worker as an employee of contractor. k. Contractor shall be experienced in landscape maintenance and have formal education in horticulture or a closely related field. Contractor shall maintain such experience at the appropriate level of responsibility during the work at the District sites. 12. EXTRA SERVICES The contractor shall provide the following additional item, only when authorized by the County in writing and in advance: Purchase any necessary replacement trees, shrub and plants, and any necessary replacement irrigation parts as needed. Please specify additional labor rate on the Quotation Schedule. 13. LANDSCAPE ANNUAL MAINTENANCE The following items represent the minimum acceptable levels of work and services to be performed for annual tree maintenance: a. Trees up to 15 feet tall shall be pruned during the dormant season annually. Supplemental pruning throughout the year shall be performed to eliminate low growth or cross branches. Sucker growth at the base of trees shall be removed promptly. b. Contractor shall maintain adequate watering basins around all trees in open ground to facilitate deep watering and moisture retention. c. Use of a growth regulator is required to be applied to the olive trees annually. Spraying olive trees annually prevents olives from fully forming, and thus prevents messy fruit from dropping on sidewalks. It can also be beneficial to the tree, since large amounts of fruit won’t weigh down the branches. The growth regulator shall be applied annually in the spring season, 1 to 2 weeks after flower blooms appear. 14. FIRE BREAK CLEARANCE a. There shall be a 10-foot clearance from all buildings, fences and public facilities. b. In the event that the natural open space area needs attention for fire prevention, contact the District Administrator (559) 600-4259 immediately. Once approved by District Administrator, Contractor shall cut overgrowth natural grass and vegetation to at least 10-feet from any building, fence or public facilities. REQUEST FOR QUOTATIONS (RFQ) AND CONTRACT AWARD TIMELINE Deadline to for Submittal questions Regarding RFQ 11/23/20 at 10:00 A.M. Response to Questions 2-3 days from 11/23/20 Submission Deadline for Proposals 12/3/20 at 2:00 P.M. Board Approval TBD – 1/18/2021 Contractor Start APPROX. 2/1/2021 Quotation No. 21-017 Page 20 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX QUOTATION SCHEDULE Location: CSA 34C Bella Vista Description: Routine Services to Include the Following: A. Remove all debris, trash, weeds, etc. B. Test and inspect the entire irrigation system to ensure that it is working properly. C. Trim vegetation. D. Apply any necessary weed control products. Item Biweekly Maintenance Quantity (Biweekly) 26 Unit Cost Total Cost Item Quantity (Annual)Unit Cost Total Cost Annual Maintenance 1 Description: Extra Services to Include the Following: A. Purchase any necessary replacement trees, shrubs, plants, and replacement irrigation parts, and submit invoice for purchases to be reimbursed at cost on the monthly bill, plus labor as detailed below. Labor Cost per Hour: B. Any labor required to install replacement trees, shrubs, plants and irrigation parts $ C. Any labor required to keep Storm basin free of trash, weeds and fire hazards $ D. Any labor required to keep Open Space free of trash $ Quotation No. 21-017 Page 21 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX CHECK LIST This Checklist is provided to assist the vendors in the preparation of their bid response. Included in this list, are important requirements and is the responsibility of the bidder to submit with the bid package in order to make the bid compliant. Because this checklist is just a guideline, the bidder must read and comply with the bid in its entirety. Check off each of the following: 1.The Request for Quotation (RFQ) has been signed and completed. 2.Addenda, if any, have been signed and included in the bid package. 3.The completed Reference List as provided with this RFQ. 4.The Quotation Schedule as provided with this RFQ has been completed, price reviewed for accuracy and any corrections initialed. 5.Indicate all of bidder exceptions to the County’s requirements, conditions and specifications as stated within this RFQ. 6.The Participation page as provided within this RFQ has been signed and included 7.Bidder to Complete page as provided with this RFQ. 8.Verification of Department of Industrial Relations Contractor Registration. 9.Verification of Contractor’s License and the Department of Consumer Affairs – Contractors’ State License Board. 10.Return checklist with RFQ response. 11.Completed RFQ in pdf format, electronically submitted to the Bid Page on Public Purchase. Quotation No. 21-017 Page 22 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX EXHIBIT A SERVICE LOCATIONS, LOCATION MAP AND SITE LOCATION MAP SERVICE LOCATIONS The location of CSA 34C is shown in the Location Map and is located about five miles north of the town of Friant, on the south side of Millerton Road, across from Winchell Cove Road at Marina Drive south to Bella Vista Lane in the subdivision known as Bella Vista. CSA 34C provides public right-of-way landscape, storm basin and open space maintenance services to the subdivision of Bella Vista. There are several areas of service within the subdivision and surrounding the subdivision that are described as follows by area and is further described in RFQ - Exhibit A Map: SUBDIVISION - EXTERIOR AREAS 1.On Marina Drive (North of Bella Vista Lane) Landscape (A-1 on Map): consisting of approximately 500 feet by approximately 50-foot-wide area, starting approximately 800 feet south of Millerton Road, from beginning of sidewalk on Marina Drive to Bella Vista Lane on the south side of the road only (approximately 25,000 sq. ft. area). 2.On Marina Drive (South of Bella Vista Lane) Landscape (A-2 on Map):: consisting of approximately 600 feet by 55-foot-wide area, from Bella Vista Lane south to end of sidewalk (wetland area) on the south side of the road only (approximately 33,000 sq. ft. area). 3.On Marina Drive (South of Bella Vista Lane) Landscape (A-3 on Map, fire break only) on South side of Marina Drive, above wetland at top of hill, (A-3 on Map): consisting of approximately 520 foot by 15-foot-wide area from the end of the south marina drive landscape area, just north of Ruscello Lane on the south side of the road only (approximately 7,800 sq. ft. area). SUBDIVISION - INTERIOR AREAS 1.On Bella Vista Lane (East and West Side of Street) Landscape (A-6 on Map): consisting of approximately 1,000 feet total (approximately 10,000 sq. ft area), 500 feet by 10-footwide area for each side of Bella Vista Lane, from the property owner’s fence to the sidewalk (approximately 5,000 sq. ft. area). 2.On the back side of Tramonto Lane (South Slope) Landscape (A-4 on Map): consisting of approximately 810 feet by an average 25-foot-wide area (approximately 20,000 sq. ft. area). 3.On the back side of Sole Lane (Eastern Slope) Landscape (A-5 on Map): consisting of approximately 925 feet by an average of 30-foot-wide area (approximately 27,000 sq. ft. area). Quotation No. 21-017 Page 23 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX Quotation No. 21-017 Page 24 G:\PUBLIC\RFQ\FY 2020-21\21-017 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES FOR COUNTY SERVICE AREA NO. 34C BELLA VISTA SUBDIVISION\21-017 LANDSCAPE MAINTENANCE SERVICES FOR CSA 34C BELLA VISTA.DOCX MAP ID #’s WITH SITE LOCATION MAP Map ID # Site Name Maintenance Type Approximate Dimensions or Area SQFT A-1 Marina Dr – North Landscape 25,000 A-2 Marina Dr – North Landscape 33,000 A-3 Marina Drive – Wetland Fire Break 7,800 A-4 Back Slope of Tramonto Lane Landscape 20,000 A-5 Back Slope of Sole Lane Landscape 27,000 A-6 Bella Vista Drive Landscape 10,000 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-022 RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES AT CSA 34C\P-21- 022 AGREEMENT TEMPLATE.DOCX County of Fresno Request for Quotations No. 21-017