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HomeMy WebLinkAbout25887COUNTY OF FRESNO PURCHASING DATE: 1011 312009 THlS EXTRACT IS FOR REFERENCE AND 1NFORMATIONAL PURPOSES ONLY. ALL BUSlNESS AND MANAGEMENT DEClSlONS MUST BE GOVERNED BY THE UNDERLYlNG CONTRACT: ANY QUESTIONS MUST INCLUDE THE CONTRACT NUMBER AND BE ADDRESSED Al#!ailCf r TO THE COUNTY'S PURCHASING OFFICE AT 456-71 10. CONTRACT NUMBER: P-09-489.G VENDOR NUMBER: 0000269393 CONTRACT TITLE: Landscape Maintenance Services at CSA No. 33 NAME I ADDRESS: Joe Grijalva Landscaping McNeill lndustrial Park 1025 E. Beverly Drive CONTRACT PERIOD: 101112009 thru 91301201 2 ;$iNCLUm Tulare, CA 93274 USING AGENCIES: Public Works Net 45 Days TERMS: DELIVERY TERMS: DELIVERY TIME: BUYER: G - Craig J. Nickel CONTRACT VALUE: $4,620.00 Annual Maximum LOCATION: Public Works - CSA No. 33 McNeill Industrial Park REPRESENTATIVE: Joe Grijalva TELEPHONE: (559) 679-9825 FAX: (559) 687-21 99 E-MAIL: agrijalval @aol.com BOARDIGROUPISTATE CONTRACT NO: REQUISITION NO'S: 1739000001 -- - ~ew [7 cancellation Reference: 51 54674 ~enewal q Short Term Tic Date: ~613012012 O~djustment [7 Evergreen Code: 222 ~dd0n q Kill REPORTS: None Org: 9173 Supersedes 2601 166 COMMODITIES, SERVICES OR MAINTENANCE COVERED UNDER THlS ACTION: Provide landscape maintenance services at CSA No. 33 McNeill Industrial Park. There is a minimum hourly charge of one (1) hour. A maximum of $420.00 annually shall be allowed for additional or extra services. SPECIAL CONDITIONS FOR USE: * Agreement does not automatically renew. DISTRIBUTION REQUESTEDIBYIDATE ADDITIONAL DlSTRlBUTlON CONTRACT FILE: M BUYER: VENDOR: AUGiTOR DEPARTMENT: PubGcWoh REQUISITIONER Baon Zerahian ,- ?. -.. 'r \rro 381:113~ *,, ,-, -r , I U. v , ..>, 4: !I:[,;, 09 QCT -8 !I! 10: n3 County of Fresno I COUNTY ADMINISTRATIVE OFFICE GENERAL SERVICES ARPl K. APKARIAN DEPUTY DIRECTOR PROCUREMENT AGREEMENT Agreement Number P-09-489-G September 29,2009 Joe Grijalva Landscaping 1025 Beverly Drive Tulare, CA 93274 The County of Fresno (County) hereby contracts with Joe Grijalva Landscaping (Contractor) to provide Landscape Maintenance Services at CSA No. 33 McNeill Industrial Park in accordance with the specifications, requirements, terms and conditions as stated under County's Request for Quotation Number 51 5-4674 (Exhibit No. One), the Contractor's response thereto (Exhibit No. Two) and Attachment "A. Each document is attached, and by reference incorporated herein. TERM: This Agreement will be for one (1) year effective October 1, 2009. RENEWAL: Agreement shall automatically renew for an additional one (1) year period except when written notice is delivered by either party to the other expressing intent not to renew. Such notice must be delivered a minimum of sixty (60) days prior to the next expiration date of this Agreement. The maximum number of automatic one (1) year renewal periods under this Agreement is two (2). CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment "A" attached, at the rates set forth in Attachment "A". 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. DEFAULT: In case of default by Contractor, the County may procure the articles from another source and may recover the loss occasioned thereby 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 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. 4525 East Hamilton Avenue / Fresno, California 93702-4599 / Phone (559) 456-7l10 / Fax (559) 456-7831 Equal Employment Opportunity Afflrmatlw Action Disabled Employer PROCUREMENT AGREEMENT NUMBER: P-09-489-G Joe Grijalva Landscaping September 29,2009 Page 2 The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of $4,620.00. TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30) days written notice to the Contractor. 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, 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. 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 One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000.00). 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. G:\PUBLIC\CONTRACTS & EXTRACTS\G\P-09-489-G JOE GRIJALVA LANDSCAPING.DOC PROCUREMENT AGREEMENT NUMBER: P-09-489-G Joe Grijalva Landscaping September 29,2009 Page 3 B. Automobile Liability Comprehensive Automobile Liability lnsurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and nonowned vehicles 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 lnsurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. 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. 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 the County of Fresno, 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. 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. lnsurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. 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 Contractoh 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 G:\PUBLIC\CONTFWCTS & EXTFWCTaG\P-09-4894 JOE GRlJALVA LANDSCAPING.DOC PROCUREMENT AGREEMENT NUMBER: P-09-489-G Joe Grijalva Landscaping September 29,2009 Page 4 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. 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 nature 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. 51 54674 and the Contractor's Quote in response thereto); (2) Attachment "A"; (3) the County's Request for Quotation No. 51 5-4674 and (4) the Contractor's quotation made in response to County's Request for Quotation No. 51 54674. 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 the signed original of this Agreement to my office, retaining a copy for your files. Please refer any inquiries in this matter to Craig Nickel, Buyer Ill, at (559) 456-71 10 or FAX at (559) 456-7831. FOR THE C-OF FRESNO A- V 4,- V m$, ~ennejh A. Voua Purchasing Supervisor 4525 East Hamilton Avenue Fresno. CA 93702-4599 Date: G:WUBLIC\CONTRACTS & EXTRACTSGW-09489-G JOE GRIJALVA LANDSCAPING.DOC PROCUREMENT AGREEMENT NUMBER: P-09-489-G Joe Grijalva Landscaping September 29,2009 Page 5 CONTRACTOR TO COMPLETE: Company: Type of Entity: Individual Limited Liability Company Sole Proprietorship Limited Liability Partnership General Partnership Address Address City 4 679-'if25 (37 1097-2/94 TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS JfiIL\ ACCOUNTING USE ONLY ORG No.: 91 73 Account No.: 7220 Requisition No.: 1739000001 (1 0108) G:\PUBLIC\CONTRACTS & EXTRACTS\G\P-09-489-G JOE GRIJALVA LANDSCAPING.DOC PROCUREMENT AGREEMENT NUMBER: P-09-489-G Joe Grijalva Landscaping September 29,2009 Attachment Page 1 of 1 A 7ZACHMENT 2'" SERVICES Contractor to provide all labor, materials, equipment, taxes etc to provide park maintenance services at the County Service Area (CSA-33) McNeill Industrial Park. Monthly Service Charge Labor Rate for Additional ServicesIExtra Services (per hour) Labor Rate for Weed Control (per hour) Labor Rate for Pesticide Application (per hour) Labor Rate for Irrigation Maintenance (per hour) Labor Rate for Replacement of Landscaping (per hour) Labor Rate for Additional Items (per hour) There is a minimum hourly charge of: 1 Hour A maximum of $420.00 annually shall be allowed for Additional or Extra Services. G:\PUBLIC\CONTRACTS & EXTRACTaG\P-09-489-G JOE GRIJALVA LANDSCAPING.DOC EXHIBIT NO. ONE G:\PUBLIC\CONTRACTS & EXTRACT9,GW-Og-489-G JOE GRIJALVA LANDSCAPING.DOC COUNTY OF FRESNO REQUEST FOR QUOTATION NUMBER: 515-4674 LANDSCAPE MAINTENANCE AT CSA NOS. 33,7D AND 43 March 2,2009 PURCHASING USE [r-ald . . G:\PUBLIC\RFQ\SI 5-4674 LANDSCAPE MAINTENANCE A ORGIRequisition: 91731 1739000001 ANn IMPORTANT: SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER. CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO, Purchasing 4525 EAST HAMILTON AVENUE FRESNO, CA 93702-4599 CLOSING DATE OF BID WlLL BE AT 200 P.M., ON MARCH 17,2009. -- -- - QUOTATIONS WlLL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M. Quotations will be opened and publicly read at that time. All quotation information will be available for review after contract award. Clarification of specifications is to be directed to: Craig Nickel, phone (559) 456-7110, FAX (559) 456-7831. GENERAL CONDITIONS: See "County Of Fresno Purchasing Standard Instructions And Conditions For Request For Proposals (RFP'S) and Requests for Quotations (RFQ'S)" attached. Check County of Fresno Purchasing's Open Solicitations website at htt~:llwww2.co.fresno.ca.us104401Bidshorne2.a~ for RFQlRFP documents and changes. BIDDER TO COMPLETE UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE ATTACHED QUOTATION SCHEDULE AT THE PRICES AND TERMS STATED, SUBJECT TO THE 'COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUEST FOR QUOTATIONS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'SrATTACHED. Except as noted on individual items, the following will apply to all items in the Quotation Schedule. 1. Complete delivery will be made within calendar days after receipt of Order. 2. A cash discount % days will apply. COMPANY ADDRESS CITY STATE ZIP CODE 0 TELEPHONE NUMBER ( ) FACSIMILE NUMBER E-MAIL ADDRESS SIGNED BY PRINT NAME TITLE Quotation No. 51 5-4674 COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUESTS FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S) Note: the reference to "bids" in the following paragraphs applies to RFP's and RFQ's GENERAL CONDITIONS By submitting a bid the bidder agrees to the following conditions. These conditions will apply to all subsequent purchases based on this bid. 1. BID PREPARATION: A) All prices and notations must be typed or written in ink. No erasures permitted. Errors may be crossed out, initialed and corrections printed in ink by person signing bid. B) Brand Names: Brand names and numbers when given are for reference. Equal items will be considered, provided the offer clearly describes the article and how it differs from that specified. In the absence of such information it shall be understood the offering is exactly as specified. C) State brand or make of each item. If bidding on other than specified, state make, model and brand being bid and attach supporting literaturelspecifications to the bid. D) Bid on each item separately. Prices should be stated in units specified herein. All applicable charges must be quoted; chargeson invoice not quoted herein will be disallowed. E) Time of delivery is a part of the consideration and must be stated in definite terms and must be adhered to. F.O.B. Point shall be destination or freight charges must be stated. F) All bids must be dated and signed with the firm's name and by an authorized officer or employee. G) Unless otherwise noted, prices shall be firm for 120 days after closing date of bid. 2. SUBMITTING BIDS: A) Each bid must be submitted on forms provided in a sealed envelope with bid number and closing date and time on the outside of the envelopelpackage. B) 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 at least 5 working days before bid opening. All addenda issued shall be in writing, duly issued by Purchasing and incorporated into the contract. - C) ISSUING AGENTIAUTHORIZED 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. D) Bids received after the closing time will NOT be considered. E) Bidders are to bid what is specified or requested first. If unable to or willing to, bidder may bid alternative or option, indicating all advantages, disadvantages and their associated cost. F) 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. 3. FAILURE TO BID: A) If not bidding, return bid sheet and state reason for no bid or your name may be removed from mailing list. 4. TAXES, CHARGES AND EXTRAS: A) County of Fresno is subject to California sales andlor use tax (7.975%). Please indicate as a separate line item if applicable. B) DO NOT include Federal Excise Tax. County is exempt under Registration No. 94-73-03401-K. C) County is exempt from Federal Transportation Tax. Exemption certificate is not required where shipping papers show consignee as County of Fresno. D) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid. G:\PUBLIC\RFQ\515-4674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC Quotation No. 515-4674 5. W-9 - REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION: Upon award of bid, the vendor shall submit to County Purchasing, a completed W-9 - Rwuest for Tax~aver Identification Number and Certification if not already a current vendor with The County of Fresno. This form is available from the IRS to complete on line at htto:llw.irs.mvl~ublirs-pdfM.Ddf. 6. AWARDS: A) Subject to the local preference provisions referenced in Paragraph 6 below and more thoroughly set forth in the General Requirements section of this RFQ, award(s) will be made to the most responsive responsible bidder. The evaluation will include such things as life- cycle cost, availability, delivery costs and whose product andlor service is deemed to be in the best interest of the County. The County shall be the sole judge in making such detenination. B) Unless bidder gives notice of all-or-none award in bid, County may accept any item, group of items or on the basis of total bid. C) The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. D) After award, all bids shall be open to public inspection. The County assumes no responsibility for the confidentiality of information offered in a bid. 7. LOCAL VENDORS A) Local Vendor Preference (applicable to RFQ Process only) The following provisions are applicable only to the County's acquisition of materials, equipment or supplies through the RFQ process when the funding source does not require an exemption to the Local Vendor Preference. THE PROVISIONS OF THlS PARAGRAPH ARE APPLICABLE, NOTWITHSTANDING ANY OTHER PROVISIONS OF THlS RFQ TO THE CONTRARY If the apparent low bidder is not a local vendor, any local vendorwho submitted a bid which was within five percent (5%) of the lowest responsive bid as determined by the purchasing agent shall have the option of submitting a new bid within forty-eight hours (not including weekends and holidays) of County's delivery of notitiation. Such new bids must be in an amount less than or equal to thelowest responsive bid as determined by the purchasing agent. If the purchasing agent receives any new bids from local vendors who have the option of submitting new bids within said forty-eight hour period, it shall award the contract to the local vendor submitting the lowest responsible bid. If no new bids are received, thecontract shall be awarded to the original low bidder as announced by the purchasing agent. 0) Local Vendor Defined 'Local Vendor' shall mean any business which: 1. Has its headquarters, distribution point or locallymned franchise located in or having a street address within the County for at least six (6) months immediately prior to the issuance of the request for competitive bids by the purchasing agent; and G:\PUBLIC\RFQ\515-4674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC 2. Holds any required business license by a jurisdiction located in Fresno County; and 3. Employs at least one (1) full-time or two (2) part-time employees whose primary residence is located within Fresno County, or if the business has no employees, shall be at least fifty percent (50%) owned by one or more persons whose primary residence(s) is located within Fresno County. 8. TIE BIDS: All other factors being equal, the contract shall be awarded to the Fresno County vendor or, if neither or both are Fresno County vendors, it may be awarded by the flip of a coin in the presence of witnesses or the entire bid may be rejected and rebid. If the General Requirements of this RFQ state that they are applicable, the provisions of the Fresno County Local Vendor Preference shall take priority over this paragraph. 9. PATENT INDEMNITY: The vendor shall hold the County, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance fumished or used in connection with this bid. 10. SAMPLES: Samples, when required, must be fumished and delivered free and, if not destroyed by tests, will upon written request (within 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. 11. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: A) In case of default by vendor, the County may procure the articles or service from another source and may recover the cost difference and related expenses occasioned thereby from any unpaid balance due the vendor or by proceeding against performance bond of the vendor, if any, or by suit against the vendor. The prices paid by the County shall be considered the prevailing market price at the time such purchase is made. B) Articles or services, which upon delivery inspection do not meet specifications, will be rejected and the vendor will be considered in default. Vendor shall reimburse County for expenses related to delivery of non-specified goods or services. C) 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. 12. DISCOUNTS: Terms of less than 15 days for cash payment will be considered as net in evaluating this bid. A discount for payment within fifteen (1 5) days or more will be considered in determining the award of bid. Discount period will commence either the later of delivery or receipt of invoice by the County. Standard terms are Net Forty-five (45) days. 13. SPECIAL CONDITIONS IN BID SCHEDULE SUPERSEDE GENERAL CONDITIONS. The 'General Conditions' provisions of this RFPIRFQ shall be superseded if in conflict with any other section of this bid, to the extent of any such conflict. Quotation No. 515-4674 14. SPECIAL REQUIREMENT: With the invoice or within twenty-five (25) days of delivery, theseller must provide to the County a Material 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. Califomia State Labor Code Sections 6360 through 6399.7.) 15. RECYCLED PRODUCTSIMATERIALS: Vendors are encouraged to provide and quote (with documentation) recycled or recyclable productslmaterials which meet stated specifications. 16. YEAR COMPLIANCE WARRANTY Vendor warrants that any product furnished pursuant to this Agreemenfforder shall support a fourdigit year format and be able to accurately process date and time data from, into and between the twentieth and twenty-first centuries, as well as leap year calculations. "Product' shall include, without limitation, any piece or component of equipment, hardware, firmware, middleware, custom or commercial software, or internal components or subroutines therein, This warranty shall survive termination or expiration of this Agreement. In the event of any decrease in product functionality or accuracy related to time andlor date data related codes andlor internal subroutines that impede the product from operating correctly using dates beyond December 31,1999, vendor shall restore or repair the product to the same level of functionality as warranted herein, so as to minimize interruption to County's ongoing business process, time being of the essence. In the event that such warranty compliance requires the acquisition of additional programs, the expense for any such associated or additional acquisitions, which may be required, including, without limitation, data conversion tools, shall be borne exclusively by vendor. Nothing in this warranty shall be construed to limit any rights or remedies the County may otherwise have under this Agreement with respect to defects otherthan year performance. 17. PARTICIPATION: Bidder may agree to extend the terms of the resulting contract to other political subdivision, municipalities and tax-supported agencies. Such participating Governmental bodies shall make purchases in their own name, make payment directly to bidder, and be liable directly to the bidder, holding the County of Fresno harmless. 18. CONFIDENTIALITY: All services performed by vendor shall be in strict conformance with all applicable Federal, State of Califomia andlor local laws and regulations relating to confidentiality, including but not limited to, Califomia Civil Code, California Welfare and Institutions Code, Health and Safety Code, Califomia Code of Regulations, Code of Federal Regulations. Vendor shall submit to County's monitoting of said compliance. Vendor may be a business associate of County, as that term is defined in the 'Privacy Rule' enacted by the Health Insurance Portability and Accountability Ad of 1996 (HIPAA). As a HlPAA Business Associate, vendor may use or disclose protected health information CPHI') to perform functions, activities or services for or on behalf of County as specified by the County, provided that such use or disclosure shall not violate HlPAA and its implementing regulations. The uses and disclosures if PHI may not be more expansive than those applicable to County, as the 'Covered Entdy' under HIPAA'S Privacy Rule, except as authorized for G:\WBLIC\RFCM154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC management, administrative or legal responsibilities of the Business Associate. Vendor shall not use or further disclose PHI other than as permitted or required by the County, or as required by law without written notice to the County. Vendor shall ensure that any agent, including any subcontractor, to which vendor provides PHI received from, or created or received by the vendor on behalf of County, shall comply with the same restrictions and conditions with respect to such information. 19. APPEALS Appeals must be submitted in writing within seven (7) working days after the review committee notification of proposed recommendations. Appeals should be submitted to County of Fresno Purchasing, 4525 E. Hamilton Avenue, Fresno, Califomia 937024599. Appeals should address only areas regarding RFP contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFP process. The Purchasing Manager will provide a written response to the complaint within seven (7) working days unless the complainant is notified more time is required. If the protesting bidder is not satisfied with the decision of the Purchasing Manager, heishe shall have the right to appeal to the Purchasing Agent within seven (7) business days after notification of the Purchasing Manager's decision. If the protesting bidder is not satisfied with Purchasing Agent decision, the final appeal is with the Board of Supervisors. 20. OBLIGATIONS OF CONTRACTOR: A) CONTRACTOR shall perform as required by the ensuing contract. CONTRACTOR also 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. B) CONTRACTOR shall obey all Federal, State, local and special district laws, ordinances and regulations. 21. AUDITS & 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 Califomia, 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. PDWO (6108) Quotation No. 51 5-4674 Page 2 BIDDING INSTRUCTIONS CONTRACT SERVICE AND SUPPLY The County of Fresno is soliciting bids to provide all labor, materials, equipment, etc., to provide Landscape Maintenance Services at County Service Area (CSA) nos. 33 (McNeill Industrial Park), 7D (Tract 4503) and 43 (Raisin City Park), as specified within this Request for Quotation. LOCAL VENDOR PREFERENCE: The Local Vendor Preference does not apply to this Request for Quotation. AWARD: Award will be made to the vendor(s) offering the equipment and system deemed to be to the best advantage of the County. The County shall be the sole judge in making such determination. COPIES: Submit one (1) original and two (2) copies of your quotation no later than the RFQ closing date and time as stated on the front of this document, to County of Fresno Purchasing. ISSUING AGENT: This RFQ has been issued by County of Fresno Purchasing. The Purchasing shall be the vendor's sole point of contact with regard to the RFQ, its content, and all issues concerning it. AUTHORIZED CONTACT: 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, it 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. PAYMENT: County will make partial payments for all purchases made under this contractlpurchase order and accumulated during the month. RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. TERM: The initial contract period shall be one (1) year. G:\PUBLIC\RFQ\5154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC Quotation No. 51 5-4674 Page 3 INVOICING: All invoices are to be delivered in duplicate to: Department of Public Works and Planning Special Districts Section (Resources Division) ATTENTION: Baron Zerahian 2220 Tulare Avenue, Suite 600 Fresno CA 93721 Reference shall be made to the contract number on the invoice. TERMINATION: This agreement may be terminated by the County at any time upon written notice. 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, 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, 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. 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. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Bidder under this agreement, it is mutually understood and agreed that Bidder, including any and all of Bidder'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 Bidder shall perform its work and function. However, County shall retain the right to administer this agreement so as to verify that Bidder is performing its obligations in accordance with the terms and conditions thereof. Bidder 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, Bidder waives any and all employment rights and benefits available to County employees. Bidder shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee benefits. In addition, Bidder 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, Bidder may be providing services to others unrelated to the County or to this agreement. G:\PUBLICWFQ\5154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC Quotation No. 51 5-4674 Page 4 PRICES: Bidder agrees that prices quoted are maximum for the contract period, and in the event of a price decline such lower prices shall be extended to the County of Fresno. 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. 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 contractor shall provide safeguards, in conformity with all local codes and ordinances as may be required. 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 lnsurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liability Comprehensive Automobile Liability lnsurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non- owned vehicles used in connection with this Agreement. C. Worker's Com~ensation G:\WBLIC\RFQ\5154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC Quotation No. 515-4674 Page 5 A policy of Worker's Compensation insurance as may be required by the California Labor Code. 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. 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, 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. 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. lnsurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. Name of lnsurance Carrier: Public Liability: Expires: Workman's Compensation: Expires: Proof of maintenance of adequate insurance yiJ be required before award is made to vendor. REFERENCES: Provide a list of three (3) client references who are presently using services , being quoted. (Name, phone number and contact person.) G:WBLIC\RFQ\5154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC Quotation No. 51 5-4674 Page 6 COUNTY SERVICE AREA NO. 33 (CSA NO. 33) MCNEIL INDUSTRIAL PARK SPECIFICATIONS FOR LANDSCAPE MAINTENANCE The County of Fresno is seeking bids for Landscape Maintenance at CSA No. 33 - McNeill Industrial Park. The area to be maintained in the Industrial Park is limited to the lawn strip located along the East side'of Willow Avenue, and North of Central Avenue. Specifically, from the railroad tracks (Northernmost point) to the residential until the Southernmost point. See Page 10 for project location. PROJECT DESCRIPTION Contractor shall provide all labor, materials, equipment, taxes, etc., to perform on-going maintenance including the following: All necessary services required in order to ensure proper growth and longevity of all trees, shrubs, plants, and lawn. B. Furnish and apply insecticides, herbicides, and fertilizers as necessary. Contractor is to propose the type and frequency of the application of the insecticides, herbicides, and fertilizers. Provide details for this service in the space provided on the Quotation Schedule. Provide all labor to repair or replace, as required all dead or damaged landscaping. Provide all labor to repair the irrigation system as necessary to keep the system operating properly. Contractor shall purchase all necessary replacement trees and all necessary replacement irrigation parts as required in Items A and C above. Such items purchased by the Contractor will be reimbursed to the Contractor at the Contractor's actual cost. Receipts for purchases shall be submitted with the monthly invoice. F. Contractor shall service the district a minimum of once each week on a mutually agreed upon day. The one-day per week minimum does not excuse the Contractor from providing services more frequently if required to maintain the park at desired level. Contractor agrees the grounds maintenance will be performed between Monday , and Friday and between the hours of 8:00 a.m. and 500 p.m. on a mutually agreed upon day. Mow and edge all lawn areas. Periodically, as dictated by weather conditions, reset timers for automatic sprinkler system, balancing the need for water conservation and a green lawn during the growing season. Remove all debris, including lawn clippings, created by maintenance operations. G:WBLIC\RFQ\5154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.0013 Quotation No. 51 5-4674 Page 7 Maintain sprinkler system in good working order ADDITIONAL ITEMS: Contractor shall provide the following additional items, only when authorized by the County in writing and in advance: Removal and replacement of any plants, shrubs or trees. Trimming of any large trees. Any repair or improvement items exceeding $250.00. The Contractor shall include an hourly rate for any additional items as referenced in "ADDITIONAL ITEMS". MISCELLANEOUS ITEM: Contractor shall provide the County representative a cellular phone number or pager number, and be able to respond to after hour emergencies if necessary. G:\PUBLICWFQ\5154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC Quotation No. 51 5-4674 Page 8 G:\PUBLIC\RFQ\515-4674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC Quotation No. 515-4674 Page 9 QUOTATION SCHEDULE COUNTY SERVICE AREA NO. 33 (CSA NO. 33) MCNEILL INDUSTRIAL PARK All labor, material, equipment, taxes, transportation, etc. required to perform the Landscape Maintenance Services. $ per month Services: Labor Rate for Weed Control Labor Rate for Pesticide Application Labor Rate for Irrigation MaintenancelRepair Labor Rate for replacement of Landscaping Labor Rate for Additional Items State if there is a minimum hourly charge. List any other related services and rates that you provide: $ per year $ per hour $ per hour $ per hour $ per hour per hour G:\PUBLICRFQ\5154674 LANDSCAPE MAINTENANCE AT 33,70 AND 43.DOC Quotation No. 515-4674 Page 10 SPECIFICATIONS FOR LANDSCAPE MAINTENANCE The County of Fresno is seeking bids for landscape maintenance at CSA Number 7D (Tract 4503). The location of this CSA is described below. Refer to Page 14 for location of site work area. PROJECT LOCATION: CSA 7D: The location of CSA Number 7D is shown in the Location Map, Page 14, west of State Route (Highway 99). CSA Number 7D is bounded by West Clinton to the north, North Selland to the east, West Vassar to the south, and North Marty to the west. Tract Number 4503 in CSA Number 7D is a small subdivision. The landscaping area is approximately 18 feet from the curb to the wooden fence. CSA Number 7D contains approximately 250 lineal feet of landscaping area. PROJECT DESCRIPTION: ON-GOING MAINTENANCE 1) The contractor shall provide all labor, materials, equipment, taxes, etc., to perform on-going maintenance including the following: A. All necessary services required in order to ensure proper growth and longevity of all trees, shrubs, and plants. B. Furnish and apply insecticides, herbicides, and fertilizer as necessary. C. Provide all labor to repair or replace, as required, all dead or damaged landscaping. D. Provide all labor to repair the irrigation system as needed to keep the system operating properly. E. Contractor shall purchase all necessary replacement trees, shrubs and plants, and all necessary replacement irrigation parts as required in items 1C and 1 D. Such items purchased by the Contractor will be reimbursed to the Contractor at the Contractor's actual cost. Receipts for purchases will need to be submitted with their monthly invoice. F. Contractor shall service each area a minimum of once each week on a mutually agreed upon day. The one-day a week minimum does not excuse the Contractor from providing services more frequently if required, to maintain the area at the desired level. G:\PUBLIC\RFQ\515-4674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC Quotation No. 51 5-4674 Page 11 ADDITIONAL ITEMS 2) Contractor shall provide the following additional items, only when authorized by the County in writing and in advance: A. Install new drip irrigation lines. B. Other items requested by the County. The Contractor shall include an hourly rate for any additional items. Materials purchased by the vendor shall be reimbursed at the Vendor's actual cost. Receipts for purchases will need to be submitted with the invoice. G:\PUBLIC\RFQ\5154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC Quotation No. 51 5-4674 Page 12 G:\PUBLICW?FQ\5154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC Quotation No. 515-4674 QUOTATION SCHEDULE COUNTY SERVICE AREA NO. 7D (CSA NO. 7D) All labor, material, equipment, taxes, transportation, etc. required to perform the Landscape Maintenance Services. $ per month Services: Labor Rate for Weed Control Labor Rate for Pesticide Application Labor Rate for Irrigation MaintenanceIRepair Labor Rate for replacement of Landscaping Labor Rate for Additional Items State if there is a minimum hourly charge. List any other related services and rates that you provide: Page 13 $ per year $ per hour $ per hour $ per hour $ per hour $ per hour G:\PUBLIC\RFQ\5154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC Quotation No. 51 5-4674 Page 14 COUNTY SERVICE AREA NO. 43 The Raisin City Park is located on a triangular shaped parcel with frontage on Bowles and Henderson Avenues. The lot has a gross area of approximately 34,000 square feet. Approximately half of the area has grass cover. There is a playground within the park. See Page 17 for map. Basic Services: Mow and pick up grass Prune trees as needed Collect and dispose of any trash Replace broken sprinklers Perform weed killing/control and fertilization Notes for above services: Grass shall be cut two (2) times per month or once every fifteen (1 5) days from April through September. October through March grass shall be cut one (1) time per month or once every thirty (30) days, for a total of eighteen (18) mowings per year. Trees shall be pruned as needed, and all limbs posing a threat of injury to anyone shall be removed. All collected trash shall be thrown in its appropriate place. Extra Services: Additional services to those listed above, as basic services shall be done only upon written authorization from the County Director of Public Works and Planning on hislher designee. "Extra Services" charges for a one (1) year period shall not exceed five hundred dollars ($500.00). A monthly invoice shall be submitted to: Department of Public Works and Planning Special Districts Section (Resources Division) ATTENTION: Baron Zerahian 2220 Tulare Avenue, Suite 600 Fresno CA 93721 Contact Person: Baron Zerahian Phone (559) 262-4259 Fax (559) 262-4286 G:\PUBLIC\RFQ\5154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC Quotation No. 51 5-4674 Page 15 G:\PUBLIC\RF(W154674 LANDSCAPE MAINTENANCE AT 33.7D AND 43.DOC Quotation No. 51 5-4674 QUOTATION SCHEDULE Page 16 Contractor to provide all labor, materials, equipment, taxes etc to provide park maintenance services at the County Service Area (CSA-43) Raisin City Park in accordance with the attached response to County's Request for Quotation. Monthly Service Charge Labor Rate for Additional ServicesIExtra Services (per hour) State if there is a minimum hourly charge: G:WBLIC\RFQ\515-4674 LANDSCAPE MAINTENANCE AT 33.70 AND 43.WC Quotation No. 5154674 Page 17 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) G:\PUBLIC\RFQb15474 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC Quotation No. 51 5-4674 Page 18 Firm: REFERENCE LIST Provide a list of at least five (5) customers for whom you have recently provided similar services (preferably California State or local qovernment aaencies). Be sure to include all requested information. Reference Name: Contact: Address: City: State: Zip: Phone No.: ( 1 Date: Service Provided: -~ - - - ~ -- -- ~eference Name: Contact: Address: City: State: Zip: Phone No.: ( 1 Date: Service Provided: vmmmmmm/mmm~/m/m/m/mm/m/mmw/mmm/wm/mm/m/mmmmmm/m~~/~~/~m/m/mmm~/m-/m/m/mmm~/m#/m~mm/mmm/m/mmm~/m/~mmmmm/m/ma Reference Name: Contact: Address: City: State: Zip: Phone No.: ( 1 Date: Service Provided: Reference Name: Contact: . Address: City: State: Zip: Phone No.: ( 1 ------ Date: --- - - - - - - - 3FrvZG Provided7 ~~/NlXlYNI~/~/#N~/~/~/N-I~lXlYNIW~/I/NI/~~-/~~/~NN~~Iw/~/~N#ljW~/~I%N~/I%N~I/N~~~~NY~~R~/I/1 Reference Name: Contact: Address: I City: State: Zip: Phone No.: ( 1 Date: Service Provided: Failure to provide a list of at least five (5) customers may be cause for rejection of this RFQ. G:\PUBLIC\RFQ\5154874 LANDSCAPE MAINTENANCE AT 33,7D AND 43.M)C Quotation No. 51 5-4674 Page 19 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. One (1) original and two (2) copies of the RFQ have been provided. 3. Addenda, if any, have been completed, signed and included in the bid package. 4. The completed Reference List as provided with this RFQ. 5. The Quotation Schedule as provided with this RFQ, has been completed, priced reviewed for accuracy and any corrections initialed in ink. 6. Indicate all of bidder exceptions to the County's requirements, conditions and specifications as stated within this RFQ. 7. Bidder to Complete page as provided with this RFQ. 8. Lastly, on the LOWER LEFT HAND CORNER of the sealed envelope, box, etc. transmitting your bid, attach the "Request for Quotation Label" and include the following information: 1 county of Fresno RFQ No. 51 5-4674 [closing Date: March 17, 2009 1 closing Time: 2:00 P.M. I Commodity or Service: Landscape Maintenance at CSA Nos. 33, 7D and 43 - This Checklist does not need to be returned with your bid. G:\PUBLIC\RFQ\5154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC EXHIBIT NO. TWO G:\PUBLIC\CONTRACTS & EXTRACTSG\P-09-4894 JOE GRIJALVA LANDSCAPING.DOC 1QCOUNTY OF FRESNO REQUEST FOR QUOTATION NUM~ER: 515-4674 LANDSCAPE MAINTENANCE AT CSA NOS. 33,7D AND 43 March 2,2009 PURCHASING USE fdicki~l . . G:\PUBLIC\RFQ\515-4674 LANDSCAPE MAINTENANCE AT 33,7D ORGRequisition: 91 731 1739000001 AND 4.7 nor. IMPORTANT: SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER, CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO, Purchasing 4525 EAST HAMILTON AVENUE FRESNO, CA 93702-4599 CLOSING DATE OF BID WlLL BE AT 2:00 P.M., ON MARCH 17,2009. b QUOTATIONS WlLL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M. Quotations will be opened and publicly read at that time. All quotation information will be available for review after contract award. Clarification of specifications is to be directed to: Craig Nickel, phone (559) 456-7110, FAX (559) 456-7831. GENERAL CONDITIONS: See "County Of Fresno Purchasing Standard Instructions And Conditions For Request For Proposals (RFP'S) and Requests for Quotations (RFQ'S)" attached. Check County of Fresno Purchasing's Open Solicitations website at htt~:llwww2.co.fresno.ca.us104401Bidshome2.a~~ for RFQlRFP documents and changes. BIDDER TO COMPLETE UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE ATfACHED QUOTATION SCHEDULE AT THE PRICES AND TERMS STATED, SUBJECT TO THE 'COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUEST FOR QUOTATIONS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S~ATTACHED. Except as noted on individual items, the following will apply to all items in the Quotation Schedule. 1. Complete delivery will be made within I calendar days after receipt of Order. 2. A cash discount -& % days will apply. / 6r it n~~c~~loa COMPANY 4 I J 732)Y , CITY +/&@ STATE ZIP CODE ' 677- 9bZS' 1 LF7-2/99 #LP~I~/& Z@AO TELEPHONE NUMBER FACSIMILE NUMBER E-MAIL UDRESS L. Par? SIGNEDF - - f7hA cr PRINT NAME TITLE -COUNTY OF FRESNO REQUEST FOR QUOTATION NUMBER: 5154674 LANDSCAPE MAJNTENANCE AT CSA NOS. 33,70 AND 43 March 2,2000 ORGlReqllisltlon: 91131 173900MK)l IMPORTANT: SUBMIT QUOTATION IN SEALED MARKED CLEARLY ON THE OUTSIDE TO: COUW OF FRESNO, Purchming 4525 EAST HAMILTON AVENUE FRESNO, CA 937024599 Quotations will be opened and publii read at that time. AU quotatian information will be available for review after contract award. Clarification of spec*htlm is to be directed to: Craig Niikal, phone (559) 456-71 10, FAX (559) 456-7831. I GENERAL CONDITIONS: See 'County Of Fresno Purchasing Standard Instructions And Condiths for Request For Proposals IRFP'SI and Rmuarto for QuoCetlans IRFQ'S)' attached. Check County of Fmo Purchasing's Open Solicitation3 website at I BIDDER TO COMPLETE UNDERSIGNED AGREES TO FURNISH THE COMMOM'TY OR SERVICE STIPULATED IN THE ATTACHED QUOTATION SCHEDULE AT ME PRIES AND TERMS STATED, SUBJECT TO THE 'COUNTY OF FRESNO PURCHASING STANDARD INSTKUCTIONS AND CONDITIONS FOR REWEST FO?3 QUOTATIONS (RFP'S) AND REQUESTS FOR QUOTAnONS (RFMrAnACHED. Bcqt as noted m individual i$ma, the fobwing nQ apply b at! items in fh Quotation Schedule. 1, Compbb ddivery will be made within / calendar days after receipt of Order. 2 Acash disawnt & % dap will *MY. q.3214 STATE ZIP CODE ' , cm k74 - 9b25- -FACSIMILE b~7-3(94 NUMBER hA tr nnE -COUNTY OF FRESNO REQUEST FOR QUOTATION NUMBER: 5.1 59674 LANDSCAPE MAlNTENANCE AT CSA NOS. 33,70 AND 43 March 2,2009 1 -:mrnt=i -WE G,-\PUBUC\RFQ\SIS-4674 LANOSCAPE hrlAlMENANCE AT 33, fD 1 IMPORTAm SUBUT QUOTATION IN SEALED PA-OTAWN NUMBER, CLOSING DATE AND BUYER'S WE MARKED C-Y ON THE OUTSlM TO: COUNTY OF FRESNO, Purchasing 4525 EAST HAMILTON AVENUE FRESNO, CA 03702-4599 QUOTATIONS WlLL BE CONSlOERED LATE WHEN THE OFFICIAL PURCHAStNG TIME CLOCK READS 2:00 P.M. &dabs will be opened and publicly read at that fime. AH quotation infomation will be available for wiew aAer contract award. Clarification of specifitions is to be directed to: Craig Nickel, phone (559) 456-7110, FAX (559) 456-7831. &ERAL CONMTIONS: See 'Cody Of Frwno Purchasing Sbndsrd instrudlont And Condhr For Requcwt For PropooPlr (f?FP'S) and Requ- for Quotatfons (RFQ'S)' attached. Check County d Fmno Pmhacring's Open Sokitatlorn website at I~o.freano,~u~Bidsbme2ae for RFQlRFP documanto and ehangea , BIDDER TO COMPLETE UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVlCE STPULATED IN THE AlTACHED QUOTAION SCHEDULE AT THE PRICES AND TERhlS STATED, SVWECT TO ME 'COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REWEST FOR QUOTATIONS (RFP'S) AND REQUESTS FOR QUOTAT1WS (RFCISrAnACHED. Except as Mlsd on inQddual item, (he following will apply b dl items in the aolrta, Schedule- 1. ~kdeliwyvflbemadewi~m ! ~daysdta~toforder. 2 Acashdiscount & % days wHI app!y. c LC COMPANY 4 Gill T L74 - 9=( 6~7-2/99 rUePHoNE N*BER FACSIMILE NUMBER Quotatron No: 51 5-4674 COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUESTS FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S) Note: the reference to 'bids" in Ule following paragraphs applies to RFP's and RFQ's By submitting a bid the bidder agrees to the following conditions. These conditions will apply to all subsequent purchases based on this bid. I. BID PREPARATION: A) All prices and notations must be typed or written in ink. No erasures permitted. Errors may be crossed out, initialed and corrections printed in ink by person signing bid. B) Brand Names: Brand names and numbers when given are for reference. Equal items will be considered, provided the offer clearly describes the article and how it differs from that specified. In the absence of such information it shall be understood the offering is exactly as speafied. C) State brand or make of each item. If bidding on other than specified, state make, model and brand being bid and attach supporting literaturelspedfications to the bid. D) Bid on each item separately. Prices should be stated in units specified herein. All applicable charges must be quoted; charges on invoice not quoted herein will be disallowed. E) Time of delivery is a part of the consideration and must be stated in definite terms and must be adhered to. F.O.B. Point shall be destination or freight charges must be stated. F) All bids must be dated and signed with the firm's name and by an authorized officer or employee. G) Unless otherwise noted, prices shall be firm for 120 days after closing date of bid. 2. SUBMITTING BIDS: A) Each bid must be submitted on fons provided in a sealed envelope with bid number and closing date and time on the outside of the envelopelpackage. B) Interpretation: Should any discrepancies or omissions be found in the bid speafications 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 at least 5 working days before bid opening. All addenda issued shall be in writing, duly issued by Purchasing and incorporated into the contract. C) ISSUING AGENTIAUTHORIZED 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 G:VUBLIC\RFQ\5154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC 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 offiaals, for the purpose of discussing this RFQ, its content, or any other issue conceming 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. D) Bids received after the closing time will NOT be considered. E) Bidders are to bid what is specified or requested first. If unable to or willing to, bidder may bid alternative or option, indicating all advantages, disadvantages and their assodated cost. F) Public Contract Code Section 7028.15 Where the State of Califomia requires a Contractor's license, it is a misdemeanor for any person to submit a bid unless specifically exempted. 3. FAILURE TO BID: A) If not bidding, return bid sheet and state reason for no bid or your name may be removed from mailing list. 4. TAXES, CHARGES AND EXTRAS: , A) County of Fresno is subject to Califomia sales andlor use tax (7.975%). Please indicate as a separate line item if applicable. B) DO NOT include Federal Excise Tax. County is exempt under Registration No. 94-7343401-K. C) County is exempt from Federal Transportation Tax. Exemption certificate is not required where shipping papers show consignee as County of Fresno. D) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid. Quotation No. 51 5-4674 5. W-9 - REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION: Upon award of bid, the vendor shall submit to County Purchasing, a completed W-9 - Reauest for Tax~aver Identification Number and Certification if not already a current vendor with The County of Fresno. This form is available from the IRS to complete on line at htt~:llwww.irs.aovl~ubA1~-pdflfw9.pdf. 6. AWARDS: A) Subject to the local preference provisions referenced in Paragraph 6 below and more thoroughly set forth in the General Requirements section of this RFQ, award@) will be made to the most responsive responsible bidder. The evaluation will include such things as life- cycle cost, availability, delivery costs and whose product andlor service is deemed to be in the best interest of the County. The County shall be the sole judge in making such determination. B) Unless bidder gives notice of all-or-none award in bid, County may accept any item, group of items or on the basis of total bid. C) The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. D) After award, all bids shall be open to public inspection. The County assumes no responsibility for the confidentiality of information offered in a bid. 7. LOCAL VENDORS A) Local Vendor Preference (applicable to RFQ Process only) The following provisions are applicable only to the County's acquisition of materials, equipment or supplies through the RFQ process when the funding source does not require an exemption to the Local Vendor Preference. THE PROVISIONS OF THlS PARAGRAPH ARE APPLICABLE, NOTWITHSTANDING ANY OTHER PROVISIONS OF THlS RFQ TO THE CONTRARY If the apparent low bidder is not a local vendor, any local vendorwho submitted a bid whii was within five percent (5%) of the lowest responsive bid as determined by the purchasing agent shall have the option of submitting a new bid within fortyeight hours (not including weekends and holidays) of Counvs delivery of notification. Such new bids must be in an amount less than or equal to the lowest responsive bid as determined by the purchasing agent. If the purchasing agent receives any new bids from local vendors who have the option of submitting new bids within said fortyeight hour period, it shall award the contract to the local vendor submitting the lowest responsible bid. If no new bids are received, the contract shall be awarded to the original low bidder as announced by the purchasing agent. B) Local Vendor Defined 'Local Vendor' shall mean any business which: 1. Has its headquarters, distribution point or locallymned franchise located in or having a street address within the County for at least six (6) months immediately prior to the issuance of the request for competitive bids by the purchasing agent; and G;\PUBLIC\RFQblM674 lANDSCAPE MAINTENANCE AT 33.7D AND 43.DOC 2. Holds any required business license by a jurisdiction located in Fresno County; and 3. Employs at least one (1) full-time or two (2) part-time employees whose primary residence is located within Fresno County, or if the business has no employees, shall be at least f@ percent (50%) owned by one or more persons whose primary residence(s) is located within Fresno County. 8. TIE BIDS: All other factors being equal, the contract shall be awarded to the Fresno County vendor or, if neither or both are Fresno County vendors, it may be awarded by the flip of a coin in the presence of witnesses or the entire bid may be rejected and re-bid. If the General Requirements of this RFQ state that they are applicable, the provisions of the Fresno County Local Vendor Preference shall take priority over this paragraph. 9. PATENT INDEMNITY: The vendor shall hold the County, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance fumished or used in connection with this bid. 10. SAMPLES: Samples, when required, must be fumished and delivered free and, if not destroyed by tesls, will upon wtten request (within 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. 11. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: A) In case of default by vendor, the County may procure the articles or service from another source and may recover the cost difference and related expenses occasioned thereby from any unpaid balance due the vendor orby proceeding against performance bond of the vendor, if any, or by suit against the vendor. The prices paid by the County shall be considered the prevailing market price at the time such purchase is made. B) Articles or services, which upon delivery inspection do not meet specifications, will be rejected and the vendor will be cansidered in default. Vendor shall reimburse County for expenses related to delivery of non-specified goods or services. C) Regardless of F.O.0, 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 vendorfrom any obligation hereunder. 12. DISCOUNTS: Terms of less than 15 days for cash payment will be considered as net in evaluating this bid. A discount for payment within fifteen (1 5) days or more will be considered in determining the award of bid. Discount period will commence either the later of delivery or receipt of invoice by the County. Standard terms are Net Forty-five (45) days. 13. SPECIAL CONDITIONS IN BID SCHEDULE SUPERSEDE GENERAL CONDITIONS. The 'General Conditions' provisions of this RFPIRFQ shall be superseded if in conflict with any other section of this bid, to the extent of any such conflict. Quotation No. 51 5-4674 14. SPECIAL REQUIREMENT: With the invoice or within twenty-five (25) days of delivery, the seller must provide to the County a Material 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.) 15. RECYCLED PRODUCTSIMATERIALS: Vendors are encouraged to provide and quote (with documentation) recycled or recyclable productslmaterials which meet stated specifications. 16. YEAR COMPLIANCE WARRANTY Vendor warrants that any product furnished pursuant to this Agreementlorder shall support a fourdigit year format and be able to accurately process date and time data from, into and between the twentieth and twenty-first centuries, as well as leap year calculations. 'Product' shall include, without limitation, any piece or component of equipment, hardware, firmware, middleware, custom or commercial software, or intemal components or subroutines therein. This warranty shall survive termination or expiration of this Agreement. In the event of any decrease in product functionality or accuracy related to time andlor date data related codes andlor intemal subroutines that impede the product from operating correctly using dates beyond December 31,1999, vendor shall restore or repair the product to the same level of functionality as warranted herein, so as to minimize interruption to County's ongoing business process, time being of the essence. In the event that such warranty compliance requires the acquisition of additional programs, the expense for any such associated or additional acquisitions, which may be required, including, without limitation, dataconversion tools, shall be borne exclusively by vendor. Nothing in this warranty shall be construed to limit any rights or remedies the County may otheNvise have under this Agreement with respect to defects other than year performance. 17. PARTICIPATION: Bidder may agree to extend the terms of the resulting contract to other political subdivision, municipalities and tax-supported agencies. Such participating Governmental bodies shall make purchases in their own name, make payment directly to bier, and be liable directly to the bidder, holding the County of Fresno harmless. 18. CONFIDENTIALITY: All services performed by vendor shall be in strict conformance with all applicable Federal, State of California andlor local laws and regulations relating to confidentiality, induding but not limited to, California Civil Code, California Welfare and Institutions Code, Health and Safety Code, California Code of Regulations, Code of Federal Regulations. Vendor shall submit to County's monitoring of said compliance. Vendor may be a business associate of County, as that term is defined in the 'Privacy Rule' enacted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). As a HlPAA Business Associate, vendor may use or disclose protected health information ('PHI') to perform functions, activities or services for or on behalf of County as specified by the County, provided that such use or disclosure shall not violate HlPAA and its implementing regulations. The uses and disclosures if PHI may not be more expansive than those applicable to County, as the 'Covered Entity' under HIPAA'S Privacy Rule, except as authorized for management, administrative or legal responsibilities of the Business Associate, Vendor shall not use or further disclose PHI other than as permitted or required by the County, or as required by law without written notice to the County. Vendor shall ensure that any agent, including any subcontractor, to which vendor provides PHI received from, or created or received by the vendor on behalf of County, shall comply with the same restrictions and conditions with respect to such information. 19. APPEALS Appeals must be submitted in writing within seven (7) working days after the review committee notification of proposed recommendations. Appeals should be submitted to County of Fresno Purchasing, 4525 E. Hamilton Avenue, Fresno, California 937024599. Appeals should address only areas regarding, . RFP contradictions, procurement errors, quotation rating discrepancies; legality of procurement context, conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFP process. The Purchasing Manager will provide a written response to the complaint within seven (7) working days unless the complainant is notied more time is required. If the protesting bidder is not satisfied with the decision of the Purchasing Manager, hdshe shall have the right to appeal to the Purchasing Agent within seven (7) business days after notition of the Purchasing Manageh decision. If the protesting bidder is not satisfied with Purchasing Agent decision, the final appeal is with the Board of Supervisors. 20. OBLIGATIONS OF CONTRACTOR: A) CONTRACTOR shall perform as required by the ensuing contract. CONTRACTOR also 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. B) CONTRACTOR shall obey all Federal, State, local and special district laws, ordinances and regulations. 21. AUDITS & RETENTION: The Conlractor 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 Califomia, the federal government ortheir 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 record3 must be retained in the manner described above until all pending matters are closed. G:\PUBLICRFQ\515-4674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC Quotation No. 51 5-4614 BIDDING INSTRUCTIONS CONTRACT SERVICE AND SUPPLY The County of Fresno is soliciting bids to provide all labor, materials, equipment, etc., to provide Landscape Maintenance Services at County Service Area (CSA) nos. 33 (McNeill Industrial Park), 7D (Tract 4503) and 43 (Raisin City Park), as specified within this Request for Quotation. LOCAL VENDOR PREFERENCE: The Local Vendor Preference does not apply to this Request for Quotation. AWARD: Award will be made to the vendor(s) offering the equipment and system deemed to be to the best advantage of the County. The County shall be the sole judge in making such determination. COPIES: Submit one (1) original and two (2) copies of your quotation no later than the RFQ closing date and time as stated on the front of this document, to County of Fresno Purchasing. ISSUING AGENT: This RFQ has been issued by County of Fresno Purchasing. The Purchasing shall be the vendor's sole point of contact with regard to the RFQ, its content, and all issues concerning it. AUTHORIZED CONTACT: 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, it 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. PAYMENT: County will make partial payments for all purchases made under this contract/purchase order and accumulated during the month. RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. TERM: The initial contract period shall be one (1) year. G:WBLIC\RFQ\51!4674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC ~"otaion No. 515-4674 Page 3 INVOICING: All invoices are to be delivered in duplicate to: Department of Public Works and Planning Special Districts Section (Resources Division) ATTENTION: Baron Zerahian 2220 Tulare Avenue, Suite 600 Fresno CA 93721 Reference shall be made to the contract number on the invoice. TERMINATION: This agreement may be terminated by the County at any time upon written notice. 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, 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, 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. 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. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Bidder under this agreement, it is mutually understood and agreed that Bidder, including any and all of Bidder'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 Bidder shall perform its work and function. However, County shall retain the right to administer this agreement so as to verify that Bidder is performing its obligations in accordance with the terms and conditions thereof. Bidder 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, Bidder waives any and all employment rights and benefits available to County employees. Bidder shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee benefits. In addition, Bidder 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, Bidder may be providing services to others unrelated to the County or to this agreement. G:WBUC\RFWl54674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.W ~uotation No. 51 5-4674 Page 4 PRICES: Bidder agrees that prices quoted are maximum for the contract period, and in the event of a price decline such lower prices shall be extended to the County of Fresno. 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. 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 contractor shall provide safeguards, in conformity with all local codes and ordinances as may be required. 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 lnsurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis, COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liability Comprehensive Automobile Liability lnsurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non- owned vehicles used in connection with this Agreement. C. Worker's Compensation G:\PUBLIC\RFQ\515-4674 LANDSCAPE MAINTENANCE AT 33.70 AND 43.DOC Quotation No. 51 5-467+ Page 5 A policy of Worker's Compensation insurance as may be required by the California Labor Code. 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. 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, 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. 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. Name of Insurance Carrier: . Public Liability: bo\ZI &be -A- i Expires: ~/.,Z~./DY Workman's Compensation: Dh3hu~ Expires: a/ v/I 9 Proof of maintenance of adequate insurance yiJ be required before award is made to vendor REFERENCES: Provide a list of three (3) client references who are presently using services being quoted. (Name, phone number and contact person.) G:\PUBLIC\RFQ6154674 LANDSCAPE MAINTENANCE AT 33.70 AND 43.DOC -- . duotation No. 51 5-46'14 Page 6 COUNTY"SERV1CE AREA NO. 33 (CSA NO. 33) MCNEIL INDUSTRIAL PARK SPECIFICATIONS FOR LANDSCAPE MAINTENANCE The County of Fresno is seeking bids for Landscape Maintenance at CSA No. 33 - McNeill Industrial Park. The area to be maintained in the Industrial Park is limited to the lawn strip located along the East side of Willow Avenue, and North of Central Avenue. Specifically, from the railroad tracks (Northernmost point) to the residential until the Southernmost point. See Page 10 for project location. PROJECT DESCRIPTION Contractor shall provide all labor, materials, equipment, taxes, etc., to perform on-going maintenance including the following: A: All necessary services required in order to ensure proper growth and longevity of all trees, shrubs, plants, and lawn. B. Furnish and apply insecticides, herbicides, and fertilizers as necessary. Contractor is to propose the type and frequency of the application of the insecticides, herbicides, and fertilizers. Provide details for this service in the space provided on the Quotation Schedule. C. Provide all labor to repair or replace, as required all dead or damaged landscaping. D. Provide all labor to repair the irrigation system as necessary to keep the system operating properly. E. Contractor shall purchase all necessary replacement trees and all necessary replacement irrigation parts as required in Items A and C above. Such items purchased by the Contractor will be reimbursed to the Contractor at the Contractor's actual cost. Receipts for purchases shall be submitted with the monthly invoice. F. Contractor shall service the district a minimum of once each week on a mutually agreed upon day. The one-day per week minimum does not excuse the Contractor from providing services more frequently if required to maintain the park at desired level. Contractor agrees the grounds maintenance will be performed between Monday and Friday and between the hours of 8:00 a.m. and 5:00 p.m. on a mutually agreed upon day. Mow and edge all lawn areas. Periodically, as dictated by weather conditions, reset timers for automatic sprinkler system, balancing the need for water conservation and a green lawn during the growing season. Remove all debris, including lawn clippings, created by maintenance operations. G:WBLIC\RFQ\5154674 LANDSCAPE MAINTWCE AT 33,7D AND 43.DOC : . Quotation No. 51 5-46i4 ,, .'.. ' -,t . . I . \ . . . .: I . Page 7 5. Maintain sprinkler system in good working order. .+ Contractor shall provide the following additional items, only when authorized by the County in writing and in advance: 1 Removal and replacement of any plants, shrubs or trees. 2. Trimming of any large trees. 3. Any repair or improvement items exceeding $250.00. The Contractor shall include an hourly rate for any additional items as referenced in "ADDITIONAL ITEMSn. MISCELLANEOUS ITEM: Contractor shall provide the County representative a cellular phone number or pager number, and be able to respond to after hour emergencies if necessary. G:WBUC\RFQ\5154674 LANDSCAPE MAINTENANCE AT 33,7D AND 4390(: Quotation No. 51 5-46?2 I Page 8 G:\PUBLIC\RFQ\5154674 LANDSCAPE MAINTEW AT 33,7D AND 43.DOC i Quotation No. 51 546;- QUOTATION SCHEDULE COUNTY SERVICE AREA NO. 33 (CSA NO. 33) MCNEILL INDUSTRIAL PARK All labor, material, equipment, taxes, transportation, etc. required to perform the Landscape Maintenance Services. $ so*Oo per month Services: Labor Rate for Weed Control Labor Rate for Pesticide Application Labor Rate for Irrigation MaintenanceIRepair Labor Rate for replacement of Landscaping Labor Rate for Additional Items Page 9 S QGV. 00 per year $ 45 " per hour $ YS'" per hour ~g" per hour 450° per hour $ yy" per hour State if there is a minimum hourly charge. / flov( on A// List any other related services and rates that you provide: G:WBLIC\RFa\5154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC 7 ~~otaion No. 51 5-4674 Page 10 COUNTY SERVICE AREA NUMBER (CSA) 7D SPECIFICATIONS FOR LANDSCAPE MAINTENANCE The County of Fresno is seeking bids for landscape maintenance at CSA Number 7D (Tract 4503). The location of this CSA is described below. Refer to Page 14 for location of site work area. PROJECT LOCATION: CSA 7D: The location of CSA Number 7D is shown in the Location Map, Page 14, west of State Route (Highway 99). CSA Number 7D is bounded by West Clinton to the north, North Selland to the east, West Vassar to the south, and North Marty to the west. Tract Number 4503 in CSA Number 7D is a small subdivision. The landscaping area is approximately 18 feet from the curb to the wooden fence. CSA Number 7D contains approximately 250 lineal feet of landscaping area. PROJECT DESCRIPTION: ON-GOING MAINTENANCE 1) The contractor shall provide all labor, materials, equipment, taxes, etc., to perform on-going maintenance including the following: A. All necessary services required in order to ensure proper growth and longevity ot all trees, shrubs, and plants. B. Furnish and apply insecticides, herbicides, and fertilizer as necessary. C. Provide all labor to repair or replace, as required, all dead or damaged landscaping. Provide all labor to repair the irrigation system as needed to keep the system operating properly. , Contractor shall purchase all necessary replacement trees, shrubs and plants, and all necessary replacement irrigation parts as required in items 1C and 1 D. Such items purchased by the Contractor will be reimbursed to the Contractor at the Contractor's actual cost. Receipts for purchases will need to be submitted with their monthly invoice. F. Contractor shall service each area a minimu of once each week on a mutually agreed upon day. The one-day a week mini does not excuse the Contractor from providing services more frequently if req ed, to maintain the area at the desired level. G:WBLlC\RFQ\5154874 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC . . ~uo&fjon,$Jo. 51 5-46?4, .: : . 1'. .. .. .,..I $ -i-< ~,-w. ',;. :: - . 'ir :,- :', 1' :..,:. .;'I ... . ' .:, ,. .;: . . . . ADDITIONAL ITEMS .... . .;' " :- F;; ,>Y' . . - .: 'j;;' .. Page 11 2) Contractor shall provide the following additional items, only when authorized by the County in writing'and ... in advance: A. Install new drip irrigation lines. B. Other items requested by the County. The Contractor shall include an hourly rate for any additional items. Materials purchased by the vendor shall be reimbursed at the Vendor's actual cost. Receipts for purchases will need to be submitted with the invoice. ~8LIC\RFQ\5154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC <.i .. ...,I'. : .. '1.. ... ,: . .. Quotation . . No. 51 5-4634 Page 12 G:WBLICWW154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC -... i Quotation No. 51 5-46>, 6 QUOTATION SCHEDULE COUNTY SERVICE AREA NO. 7D (CSA NO. 7D) All labor, material, equipment, taxes, transportation, etc. required to perform the Landscape Maintenance Services. $ 95 00 per month Services: Labor Rate for Weed Control Labor Rate for Pesticide Application Labor Rate for Irrigation MaintenanceIRepair Labor Rate for replacement of Landscaping Labor Rate for Additional Items Page 13 per hour ~5'~ per hour 4~~ per hour $ Yc" per hour $ per hour State if there is a minimum hourly charge. / 0 ,a. QA A// List any other related services and rates that you provide: G:\PUBLIC\RFQEl54674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC - I Quotation No. 51 5-4674 Page 14 COUNTY SERVlCE AREA NO. 43 RAISIN CITY PARK The Raisin City Park is located on a triangular shaped parcel with frontage on Bowles and Henderson Avenues. The lot has a gross area of approximately 34,000 square feet. Approximately half of the area has grass cover. There is a playground within the park. See Page 17 for map. Basic Services: Mow and pick up grass Prune trees as needed Collect and dispose of any trash Replace broken sprinklers Perform weed killingtcontrol and fertilization Notes for above services: Grass shall be cut two (2) times per month or once every fifteen (1 5) days from April through September. October through March grass shall be cut one (1) time per month or once every thirty (30) days, for a total of eighteen (1 8) mowings per year. Trees shall be pruned as needed, and all limbs posing a threat of injury to anyone shall be removed. All collected trash shall be thrown in its appropriate place. Extra Services: Additional services to those listed above, as basic services shall be done only upon written authorization from the County Director of Public Works and Planning on histher designee. "Extra Services" charges for a one (1) year period shall not exceed five hundred dollars ($500.00). A monthly invoice shall be submitted to: Department of Public Works and Planning Special Districts Section (Resources Division) ATTENTION: Baron Zerahian 2220 Tulare Avenue, Suite 600 Fresno CA 93721 Contact Person: Baron Zerahian Phone (559) 262-4259 Fax (559) 262-4286 &:WBUC\RFWl5-4574 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC . . .. . r ;: .:, : hotation ,.. J- No. 5154674 t '%. . Page 15 G:\PUBLIC\RF(X154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC Quotation No. 515-463.- ' .: ;.:. . . 4 ' Page 16 Contractor to provide all labor, materials, equipment, taxes etc to provide park maintenance services at the County Service Area (CSA-43) Raisin City Park in accordance with the attached response to County's Request for Quotation. Monthly Service Charge Labor Rate for Additional ServicesIExtra Services (per hour) State if there is a minimum hourly charge: /LC/ G:\PuBuc\RF~;~s~~~~~~ LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC Page 17 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. es, 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 G:WBLIC\RFCK5154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC Quotation No. 51 5-4674 . Page 18 Firm: REFERENCE LIST Provide a list of at least five (5) customers for whom you have recently provided similar services (preferablv California State or local qovernment aqencies). Be sure to include all requested information. Reference Name: & dri~b~e u.e&$,-& / ontact: *k rC\&d - Reference Name: Address: City: ~\h& State: a Zip: C(,274 Phone No.: (SG? ) \n83- -g Date: Address: r/NI/NI/NNImI/IH/I/I/I Reference Name: Failure to provide a list of at least five (5) customers may be cause for rejection of this RFQ. G:\PUBLIC\RFQ\5154674 LANDSCAPE MAINTENANCE AT 33,7D AND 43.DOC