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HomeMy WebLinkAboutP-22-004 California Landscapes Agreement.pdfCONTRACT INFORMATION SHEET DATE: 1/3/2021 Contract No.: P-22-004 Vendor Number: 0000287136 Contract Title: Landscaping for Olive St. Name/Address: California Landscapes Campus PO Box 12481 Pleasanton, CA 94588 Contract Period: 1/1/2022 – 12/31/2022 Contact: Scott Haile Using Agencies: Department of Behavioral 800-406-3475 Health Email: calscapes@cal-landscapes.com Terms: Net 45 Total Contract Amt.: $65,000 Buyer Name: Crystal Nino Requisition No: 5632210078 Org: 56302005 Supersedes: X NEW RENEWAL AMENDMENT X TICK DATE 9/1/2022 REFERENCE (RFQ# / RFP#) DESCRIPTION: 1/3/2022 – one year agreement based on Suspension of Competition. Per Gary, no extensions. If DBH Facilities wishes to continue with this vendor for the next contract period, it will need to be a Board Agreement. SPECIAL INSTRUCTIONS: DISTRIBUTION: Completed By: Date: Completed By: Date DEPARTMENT: DBH Facilities Cn 1/3/2022 REQUISITIONER: Rev 1/3/2017 333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 * The County of Fresno is an Equal Employment Opportunity Employer * County of Fresno INTERNAL SERVICES DEPARTMENT Facilities • Fleet • Graphics • Purchasing • Security • Technology PROCUREMENT AGREEMENT Agreement Number P-22-004 December 28, 2021 California Landscapes Attn: Scott D. Haile PO Box 12481 Pleasanton, CA 94588 The County of Fresno (County) hereby contracts with California Landscapes (Contractor) to provide landscaping services in accordance with the text of this agreement, and Attachment “A”. TERM: This Agreement shall become effective January 1, 2022 and shall remain in effect through December 31, 2022. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment “A” attached, at the rates set forth in Attachment “A”. ORDERS: Orders will be placed on an as-needed basis by The County of Fresno Department of Behavioral Health under this contract. PRICES: Prices shall be firm for the contract period. Any pricing changes which may take place during the life of the contract must be submitted in writing to the County of Fresno Purchasing Manager and received no less than thirty (30) days prior to becoming effective. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of Sixty-Five Thousand Dollars ($65,000.00). ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. DEFAULT: In case of default by Contractor, the County may procure the articles/services from another source and may recover the loss occasioned 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. PROCUREMENT AGREEMENT NUMBER: P-22-004 Page 2 California Landscapes December 28, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-004 CALIFORNIA LANDSCAPES\CONTRACTS AND AMENDMENTS\P-22-004 CALIFORNIA LANDSCAPES AGREEMENT.DOCX INVOICING: An itemized invoice shall be sent County of Fresno, Department of Behavioral Health – Facilities, 1925 E. Dakota Ave. Fresno, CA 93726.The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. INVOICE TERMS: Net forty-five (45) days from the receipt of invoice. TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses (including attorney’s fees and costs), causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under this Agreement. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse- Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. C. Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. PROCUREMENT AGREEMENT NUMBER: P-22-004 Page 3 California Landscapes December 28, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-004 CALIFORNIA LANDSCAPES\CONTRACTS AND AMENDMENTS\P-22-004 CALIFORNIA LANDSCAPES AGREEMENT.DOCX Additional Requirements Relating to Insurance: Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor’s waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. Within Thirty (30) days from the date Contractor 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, Department of Behavioral Health – Facilities, 1925 E. Dakota Ave. Fresno, CA 93726, 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.Certificates of Insurance are to include the contract number at the top of the first page. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that 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 PROCUREMENT AGREEMENT NUMBER: P-22-004 Page 4 California Landscapes December 28, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-004 CALIFORNIA LANDSCAPES\CONTRACTS AND AMENDMENTS\P-22-004 CALIFORNIA LANDSCAPES AGREEMENT.DOCX 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"); (2) Attachment "A". 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. ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. Please acknowledge your acceptance by returning all pages of this Agreement to my office via email. Please refer any inquiries in this matter to Crystal Nino, Purchasing Technician II, at 559-600-7113 or cnino@fresnocountyca.gov. FOR THE COUNTY OF FRESNO Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:cn PROCUREMENT AGREEMENT NUMBER: P-22-004 Page 5 California Landscapes December 28, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-004 CALIFORNIA LANDSCAPES\CONTRACTS AND AMENDMENTS\P-22-004 CALIFORNIA LANDSCAPES AGREEMENT.DOCX CONTRACTOR TO COMPLETE: Company: Type of Entity: Individual Limited Liability Company Sole Proprietorship Limited Liability Partnership Corporation General Partnership Address City State Zip TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name & Title: Print Name & Title: Signature: Signature: ACCOUNTING USE ONLY ORG No.: 56302005 Account No.: 7220 Requisition No.: 5632210078 (09/2021) PROCUREMENT AGREEMENT NUMBER: P-22-004 Attachment Page 1 of 2 California Landscapes December 28, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-004 CALIFORNIA LANDSCAPES\CONTRACTS AND AMENDMENTS\P-22-004 CALIFORNIA LANDSCAPES AGREEMENT.DOCX Contractor is to provide landscaping services to all exterior areas as described below for the Olive St. Campus (5520 E. Hedges Ave, 5555 E. Olive Ave). General: 1. Service will be performed once per week. 2. Monthly maintenance cost includes standard fertilizer and sprays, labor and equipment needed. 3. The cost reflects a properly operating automatic irrigation system at start of contract; corrective work is an extra expense. 4. Manual watering is responsibility of County. Plant Care: 1. Fertilizing - All trees shall appropriately receive granular fertilization once per year. All other plants shall be appropriately fertilized twice per year. 2. Pest controls - Plants will be inspected for infestation. Treatment of infestations will be an expense to County. 3. Pruning – Trees shall be pruned as needed, from ground up to 12’ in height to a 1” caliper. Intent is to provide clearance for pedestrians and vehicles. Shrubs will be pruned to develop good form. Pruning shall eliminate diseased or dead wood. All other plants shall be trimmed to acceptable heights and kept within prescribed borders. Dead and/or damaged foliage and flowers will be removed. a. Excludes pruning and spraying of trees or shrubs above 12’ or annual pruning of Fruit Trees or specialty trees. Where special equipment is needed or dump fees incurred, trees or shrubs above 12’ that are pruned, trimmed, sprayed or removed will be an extra expense. The intent of tree pruning, within this agreement, is to provide clearance of pedestrian walkways. b. Excludes pruning of plant material where 25% of plant is trimmed or grown onto permanent fixtures above 12’ or where a ladder is required to reach plant material i.e.; walls and trellises. 4. Tying and staking - All tree ties and stakes shall be maintained, i.e., retied or removed as needed. Replacements shall be an additional cost to County. 5. Weed and Debris Control - All weeds and grasses shall be reasonably removed from planters. Lawn: 1. Mowing - Mow lawns weekly during growing season and as necessary during dormant season. 2. Trimming and Edging - All lawns will be edged weekly to keep a neat and manicured appearance during the growth season. Trimming or edging shall be done as necessary during dormant season. 3. Contractor not responsible for lawn matting or damage due to heavy traffic. 4. Fertilizing - Fertilizer shall be applied 4 to 6 times annually. 5. Pest and Disease Control - Treatment of infestation will be an extra expense to County. 6. Weed Control – Control of Turf broadleaf weeds and noxious grasses may be recommended. Applications will be an extra expense to owner. Irrigation System: 1. Maintain irrigation system in working order at all times. Clean and adjust as necessary for efficient distribution and trim. Replacement of parts due to normal wear, and where digging is not required, will be invoiced for materials only. “Call Outs” will be invoiced at a minimum 1 hour stop charge. PROCUREMENT AGREEMENT NUMBER: P-22-004 Attachment Page 2 of 2 California Landscapes December 28, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-004 CALIFORNIA LANDSCAPES\CONTRACTS AND AMENDMENTS\P-22-004 CALIFORNIA LANDSCAPES AGREEMENT.DOCX 2. Breaks below the “T”, in lines, risers, defective valves, controllers or other links in system will be reported promptly to County with recommendation for proper corrective action. Parking Lot Blowing: 1. Contractor will provide labor and equipment to blow parking lot areas, clean up job site and haul away debris weekly on Sundays. Equipment: 1. Contractor will furnish all equipment for the performance of the contract. 2. Contractor will maintain all equipment so used in good working order and in safe operating condition and meets OSHA’S requirements. Debris and Trash: 1. Refuse and trash shall be reasonably collected from planters and beds day of service. Intent is to supplement County’s removal activities with removal of papers and bottles. 2. All debris will be blown clear after ground cover or tree trimming or any other landscape operation by Contractor to remove all debris caused by such work. 3. Fallen leaves within planter and beds shall reasonably be picked up during regular service. Days/Hours of Operation/Delays: 1. Normal hours of field operations shall be Monday through Friday, 7:30 AM to 3:30 PM. 2. National holidays will be observed. 3. Delays: Contractor shall be excused for delays or defaults by him in the performance of this Agreement caused by acts of the County or County’s agents, acts of any governmental authority, acts of God, the elements - specifically storms, rain, cold and drought, war conditions, or commercial shortages of required labor or materials, litigation, labor disputes, extra work, or other contingencies unforeseeable by or beyond control of Contractor. Pricing: 1. The monthly service charge is $2,995.00 based on 52 equal services prorated to 12 equal, monthly payments. 2. Parking lot blowing is an additional $1,555.00. 3. Authorization: all repairs and/or replacements not included in the prices above shall be approved prior by Department of Behavioral Health-Facilities.