REQUEST FOR PROPOSALS (RFP)
AND
CONTRACT DOCUMENTS
FOR
RFP No. 12C333
LANDSCAPE MAINTENANCE SERVICES - CHINO
CHAFFEY COMMUNITY COLLEGE DISTRICT
CHINO CAMPUS
MAY 29, 2012
CHAFFEY COMMUNITY COLLEGE DISTRICT 5885 Haven Avenue
Rancho Cucamonga, CA 91737
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REQUEST FOR PROPOSAL (RFP) NO. 12C333
TABLE OF CONTENTS Notice to Offerors Section 1 - Project Introduction and Overview Section 2 - Scope of Work and Technical Specifications Section 3 - Proposal Requirements Section 4 – District Standard Contract Form Exhibit A - RFP Price Form Exhibit B - Additions, Deletions and/or Exceptions Exhibit C - References Exhibit D - Subcontractors Exhibit E - Business Profile Exhibit F - Submittal Checklist
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NOTICE TO OFFERORS Proposals for RFP No. 12C333 Landscape Maintenance Services - Chino, as described herein, will be accepted
by Chaffey Community College District (District), until 2:00 P.M., June 14, 2012. Any changes to this RFP are invalid unless specifically modified by the District and issued as a separate addendum document. Should there be any question as to changes to the content of this document; the District’s copy shall prevail. All addenda and notices related to this solicitation will be posted by the District on Purchasing Services’ website at www.chaffey.edu/purchasing. In the event this RFP is obtained through any means other than the District’s distribution, the District will not be responsible for the completeness, accuracy, or timeliness of the final RFP document. To assure consideration, all proposals shall be made on the RFP Forms included or as directed. To facilitate the
evaluation process one (1) original of the proposal shall be provided. All proposals shall be written in ink or typed on 8½” x 11” paper. Mistakes may be crossed out and corrections made adjacent, however, each correction must be initialed by the person signing the proposal.
Delivered proposals shall be enclosed and sealed in an envelope or container clearly marked RFP NO. 12C333,
and addressed to Chaffey Community College District, Purchasing Services. Proposals may be delivered in
one of the following methods:
Hand delivered to: Chaffey Community College District Purchasing Services Modular Building Attention: Purchasing Services Manager 5885 Haven Avenue Rancho Cucamonga, CA 91737
U.S. Postal Service, UPS, FedEx, or other common carrier delivered to: Chaffey Community College District Purchasing Services Attention: Purchasing Services Manager 5885 Haven Avenue Rancho Cucamonga, CA 91737
EMAIL OR FAXED PROPOSALS WILL NOT BE ACCEPTED.
PROPOSALS DELIVERED TO OTHER THAN THE ABOVE STATED ADDRESS WILL BE REJECTED AND
RETURNED TO THE OFFEROR UNOPENED. It is the Offeror’s sole responsibility to ensure that his/her proposal, inclusive of any or all addenda, is received to the proper place at the proper time. Postmarks will not validate proposals which arrive after the deadline date/time listed above. Any proposal received after the scheduled closing time for receipt of proposals will be returned to the Offeror unopened.
Proposals may be withdrawn by submitting a written request. Such written request must be delivered to the place stipulated in the RFP prior to the scheduled closing time for receipt of proposals.
A mandatory pre-proposal site visit/conference will be held at 10:00 A.M. on Wednesday, June 6, 2012.
Prospective offerors will meet at Chaffey College Chino Campus located at 5897 College Park Avenue,
Chino, CA 91710 (see map below). Failure to attend will render your firm's proposal null and void.
Please RSVP by Tuesday, June 5, 2012 to Isabel Trevino, Buyer at 909-652-6707 or at
(Map to District office and campuses follow this page)
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Section 1 – Project Introduction and Overview
1.1 General Overview
Chaffey Community College District (“District”), one of the first colleges to be established in California, is a two-year public community college located in San Bernardino County. Founded in 1883 as a private college, the Distirct has been a publicly funded college since1916 and is accredited by the Western Association of Schools and Colleges. The District is a member of the American Association of Community Colleges, the Community College League of California, Service members Opportunity Colleges (SOC), and is approved by the Office of Private Post-Secondary Education for Veterans Benefits. The District has campuses located in Rancho Cucamonga, Chino, and Fontana, and serves the population of the inland empire of western San Bernardino County, where the communities of Chino, Chino Hills, Fontana, Guasti, Montclair, Mt. Baldy, Ontario, Rancho Cucamonga (Alta Loma, Cucamonga, and Etiwanda), and Upland are located. Four districts serving high school students are contained in these communities. They are the Chaffey Joint Union High School, the Chino Unified School District, the Fontana Unified School District, and the Upland Unified School District.
1.2 Purpose of Request for Proposals
The District is seeking proposals to provide landscape maintenance services at the District’s Chino Campus. The requirements are further described in Section 2 – Scope of Work and Technical Specifications. The terms and conditions contained herein constitute the full and complete understanding of the parties. However, should your firm request additional contractual terms and conditions for consideration, such requests must be clearly identified on Exhibit D and submitted at the time of proposals. No additional terms and conditions will be accepted following receipt of proposals, and the District will consider such additional contractual terms and conditions as part of its evaluation process. It is the intent of the District to receive responses to the RFP and, if appropriate, conduct individual interviews in order to select a firm which, in the opinion of the District, is best suited to perform the work. The purpose of this RFP, therefore, is to provide the District with the information necessary in order to select this firm. Following receipt of proposals the District may, at its discretion, elect to shortlist to a select few to participate in the interview stage of the selection process.
1.3 Project Specific Dates The following table identifies the estimated dates/time frame for receipt, evaluation, and award of this work. Please note the following key dates when preparing your response to this RFP.
Description Date
Release of RFP May 29, 2012
Mandatory Pre-Proposal Site Visit/Conference June 6, 2012
Last day for offerors to submit questions June 11, 2012
Last day for District to respond to questions June 13, 2012
PROPOSAL DUE June 14, 2012
Vendor Interviews TBD
Best and Final Offers due TBD
Award TBD
Approximate Start Date July 1, 2012
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1.4 Selection Criteria The criteria for vendor selection shall be based on, but not limited to, the following:
Criteria Points Allotted
Firm’s Qualifications and Experience 15
Experience and qualifications of personnel assigned to perform the work 15
Approach and understanding of the requirements 10
Exceptions Taken to RFP (Exhibit D) 10
Price 50
Total Points 100
1. Firm’s Qualifications and Experience 2. Experience and qualifications of personnel assigned to perform the work 3. Approach and understanding of the requirements 4. Exceptions Taken to RFP (Exhibit D) 5. Price
Finalist offerors may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers. When evaluating best and final offers the previous criteria will be used as well as the following additional criteria: 1. The Best and Final proposal is amended as instructed in discussions and Best and Final instructions. 2. The proposed amendments are responsive, reliable, and produce the outcome expressed by District.
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Section 2 – Scope of Work and Technical Specifications
2.1 Scope of Work
2.1.1 Contractor shall furnish all horticultural supervision, labor, materials, equipment and transportation
required to maintain the landscape throughout the contract period, as specified herein.
2.2 Quality of Work and Material 2.2.1 All materials and equipment furnished by the Contractor shall be high grade, free from defects and
imperfections and in good working condition unless otherwise hereinafter specified. Workmanship shall be in accord with standard best practices. Both materials and workmanship shall be subject to the approval of Chaffey College.
2.3 Work Included in Contract
2.3.1 Maintenance includes replacement of destroyed or unhealthy shrubs and plant materials during the
contract period. Also, the Contractor shall prune shrubs as necessary, control the weeds, apply fertilizer, and maintain the automatic sprinkler system including making minor repairs to the sprinkler heads, piping, controls and appurtenances to the satisfaction of Chaffey College. The Contractor shall also take care of minor erosion and will prune the trees in the landscape area and parking lots at least twice a year. The Contractor shall also dispose of all waste materials off Chaffey College property. Contractor shall give an Annual Recycling Report of green waste to Chaffey College.
2.4 Supervision
2.4.1 All work shall meet with the approval of Chaffey College.
2.5 Schedule of Work and Hours of Operation
2.5.1 The general hours of operation shall be between the hours of 7:00 a.m. and 5:00 p.m., Monday through
Saturday or as directed by the College. Any equipment operations generating harsh or unusual noise such as chippers, leaf blower, etc. must not be used before 8:00 a.m. Additionally, no work shall be conducted on Sundays or on Chaffey College recognized holidays, except in a case of emergency or as approved by the Chaffey College.
2.6 Provisions for Extras 2.6.1 No new work of any kind shall be considered an extra unless a separate estimate for said work is provided
by the Contractor to Chaffey College and the estimate is approved by the College before the work is commenced.
2.7 Costs Not Included in Contract 2.7.1 All new plant materials will be paid for by the Chaffey College. However, replacement plants that are lost
due to improper planting or those which are not taken care of properly by the Contractor shall be replaced at the Contactor’s expense.
2.8 Workmanship and Supervision
2.8.1 The contractor shall provide a work force sufficient to complete the work as it is specified. Included in the work force shall be a thoroughly skilled, experienced, and competent Supervisor who shall be responsible for adherence to the specifications.
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2.9 Landscape Maintenance
2.9.1 The Contractor shall be responsible for maintaining the landscape areas as outlined in this document.
2.9.1.1 Work Included
1. Weekly policing and disposal of litter and plant debris from all landscape areas to include parking lots and hardscape areas.
2. Weekly mowing, edging, weeding and shrubs trimming. 3. Yearly renovating, scaling, over-seeding, topdressing and fertilization of turf areas. 4. Weekly sweeping or blowing of all hardscape areas to include concrete, asphalt, walkways,
and cobblestones. 5. Weekly raking and soil cultivating within planter areas. 6. Tree trimming, tree removal, tree planting and staking maintenance as required or as
directed by Chaffey College. 7. Monthly inspections of landscape and irrigation maintenance as per Chaffey College
specifications. 8. Fertilization, weed control and pesticide spraying (Note: Contractor shall provide Chaffey
College 48 hours advance notification prior to applying any chemicals, so that proper notification may be given to faculty and staff).
2.9.1.2 Mowing
1. Mowing shall be accomplished with a power-driven rotary mower with a grass catcher to
remove grass clippings.
2. Mowing shall be accomplished in alternating patterns of directions every other mowing. College recommends north and south, then diagonal (45 degrees) to east/west, and then diagonal (45 degrees) to north/south.
3. Turf shall be mowed to a minimum height of 2.0’’in the fall and the winter months and a minimum height of 2.5’’ and maximum height of 3.0’’ in the spring and summer months.
4. Turf shall be mowed at such intervals of time so that not more than 1/3 of the grass blade is removed at time of cutting. Mowing shall consist on no less than one time per week
5. All mowing equipment shall be maintained mechanically and safety features shall be in operational condition. Chaffey College may require Contactor to cease mowing operations should the College feel that the mowing equipment is unsafe or excess exhaust is environmentally harmful.
2.9.1.3 Edging
1. Edging shall be performed concurrently with every mowing.
2. Trees growing in the turf areas shall have tree wells not to exceed 12’’ in diameter from the
main stem or trunk of the tree. Tree wells shall be edged concurrently with each mowing and shall be performed by mechanical methods only.
2.9.1.4 Hardscapes
1. All hardscape areas i.e. deco-concrete, asphalt, walkways and cobblestone areas shall be
blown clean once a week in conjunction with mowing and edging.
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2. Debris from blowing shall be gathered and disposed of in a proper manner.
3. All landscape and hardscape areas shall be policed and cleaned of litter, debris, and trash.
2.10 Irrigation System Maintenance
2.10.1 The contractor shall be responsible for maintaining all automatic and non-automatic sprinkler systems so
as to maintain adequate but not excessive water in the landscape areas. The sprinkler system is automatic; however, the Contractor shall adjust the timing on the automatic controls and the coverage of the spray heads to provide adequate but not excessive irrigation.
2.10.1.1 Watering
1. The irrigation shall be controlled to avoid runoff that may cause erosion or unnecessary waste
of water. 2. The automatic irrigation system controllers shall be set to water during the hours between
10:00 p.m. and 7:00 a.m. 3. The automatic irrigation system shall be time set to prevent water run-off on road surfaces
and sidewalks. Interval watering schedules may be required. 4. Chaffey College reserves the right to instruct Contractor to turn off any or all controllers upon
notification. 5. Contractor shall make adjustments to sprinkler heads as required to keep over spray from
walls, walks and roadways. 6. Contractor shall provide the names and positions of employees whom the College may
contact for inquiries relating to the aforementioned. Also, Contractor shall provide a mobile phone number for each of those employees.
7. Monthly inspections of the irrigation system shall consist of the manual activation of a quarter
of the landscape areas.
2.10.1.2 Irrigation Repairs
1. Contractor shall be responsible for the cleaning, repair, adjustment, and replacement of all sprinkler system components required to ensure the effective operation of each sprinkler system according to original design and installation intent.
2. The contractor shall be responsible for the replacement of plastic pipe (schedule 40, Type I,
Grade 2), plastic pipe fittings (Schedule 40), and pipe nipples (Schedule 80). 3. The College irrigation systems vary by brand names and manufactures. Replacement of
sprinklers shall be replaced with same brand, unless prior approval is given by Chaffey College to replace with an equivalent or higher quality replacement.
4. Contractor shall respond to calls from Chaffey College for non-emergency irrigation repairs
within four (4) hours and within two (2) hours for emergency irrigation repairs. Chaffey College personnel will make the determination as to whether or not the matter is deemed to be an emergency.
2.10.1.3 Irrigation Repair Invoicing & Reimbursement
1. Contactor shall be responsible for furnishing the labor to install risers and sprinklers that
require replacement without compensation from the College.
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2. Contractor shall submit a monthly list of sprinklers replaced and areas where replacement
took place. 3. The College shall reimburse the Contractor for replacement of all other irrigation components,
e.g. gate valves, control valves, valve boxes, etc. 4. Contractor shall identify in its contract for services the wages paid for personnel performing
landscape maintenance and irrigation repairs.
2.10.1.4 Miscellaneous Irrigation Repair Requirements
1. Contractor shall have all potentially hazardous areas (e.g. trenches, holes, etc) covered in a
safe manner at all times while unattended.
2. College reserves the right to solicit and authorize irrigation repairs.
3. Contractor shall furnish barricades/delineators and appropriate signage, when appropriate, to cordon off repair areas.
4. Contractor shall be required to place grass seed over backfilled area of repair site.
2.11 Trees
2.11.1 Contractor shall have the knowledge, expertise and responsibility to trim, remove and plant trees within
contract area. 2.11.2 Contractor shall trim all trees within contract area that are within 20 ft. in height and 10’’ in diameter at the
base, once a year without additional compensation.
2.11.3 All trees over the aforementioned specification shall be trimmed by the College
2.11.4 Contractor shall be responsible for maintaining staked trees without additional compensation.
2.12 Fertilization
2.12.1 Contractor shall be responsible for fertilizing in accordance with the following schedule.
February
Fertilize all turf areas with granular or liquid. (15-15-15).
Weed control all turf areas with granular or liquid.
April
The first week of April, fertilize ground cover and shrub areas with granular or liquid. (12-12-6). June
Fertilize all turf areas with granular or liquid (15-15-15).
Weed control all turf with granular or liquid. September
The first week in September, fertilize ground cover and shrub area with granular or liquid. (17-17-14). 2.12.2 Contractor shall possess a valid Applicator’s Certificate, a copy of which shall be on file with the College. 2.12.3 Contractor shall indicate chemical spraying by name, address and phone number. 2.12.4 Fertilization shall consist of pest broadleaf control, as deemed necessary by the College.
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2.13 Pesticide Application
2.13.1 The Contractor or member of his/her staff must possess a current California Pest Control License or an
Applicator Certificate, a copy of which shall be on file with the College.
2.13.2 The application of insect and pest control compounds shall be controlled by the application laws of the State of California, Department of Pesticide Regulation, Pest Management and Licensing Branch.
2.13.3 The application of insecticide shall be in accordance with recommendations of the manufactures.
2.13.4 Planters and shrubs areas shall be treated by solid materials to prevent pest, i.e. snails, slugs, etc. at any time
during the contract period as deemed necessary by the College without additional compensation. 2.13.5 Turf areas shall be treated with granular or liquid type herbicide to control weeds i.e. clover, plantain, etc. And
shall be applied when fertilization has been applied as part of the program without additional compensation. Any additional herbicide applications as deemed necessary by the College over the four (4) applications identified herein shall be paid for by Chaffey College.
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Section 3 –Proposal Requirements
3.1 Proposal Format and Content
The emphasis of the Proposal should be on responding to the requirements set forth in the Request for Proposal. Therefore, the proposal should be organized and indexed in the format listed below and include a detailed description of the approach and methodology proposed for the services to be provided with all necessary information for the District to effectively evaluate the Proposal. Within each section of their proposal, offerors should address the items in the order in which they appear in this RFP. All forms provided in the RFP shall be thoroughly completed and included in the appropriate section of the proposal. All discussion of proposed costs, rates or expenses shall occur only in the envelope containing the original proposal with the RFP Price Form. Any proposal that does not adhere to these requirements may be deemed nonresponsive and rejected on that basis. Format
1. LETTER OF TRANSMITTAL (a) identify the submitting organization; (b) identify the name and title of the person authorized by the organization to contractually obligate the
organization; (c) identify the name, title and telephone number of the person authorized to negotiate the contract on
behalf of the organization; (d) identify the names, titles and telephone numbers of persons to be contacted for clarification; (e) explicitly indicate acceptance of the terms and conditions as stated in this RFP; (f) be signed by the person authorized to contractually obligate the organization, and; (g) acknowledge receipt of any and all amendments to this RFP. The signed amendments shall be
placed behind the Letter of Transmittal
2. RESPONSE TO MANDATORY REQUIREMENTS Offeror must present a proposed method of satisfying the requirements as specified in the Scope of Work. The narrative must directly reference the Scope of Work. Resumes of personnel that will be assigned to the project; Company’s experience and qualifications for similar types of work; Company financial statements (Income Statement, Balance Sheet & Statement of Cash Flows);
3. RFP PRICE FORM (Exhibit C)
Offeror will include a cost proposal specifically reflecting the method of determining charges for work performed. If pricing approach is not identified on the RFP PRICE FORM, the Offeror may use fee for service or time and materials approaches relevant to the scope of work in their cost proposal. All components of the cost proposal must be stated in not to exceed terms.
4. ADDITIONS, DELETIONS AND/OR EXCEPTIONS (Exhibit D)
If Offeror wishes to add, delete and/or take exception to any of the terms of this RFP, they must be stated on the “Additions, Deletions and/or Exceptions” form provided in this RFP.
5. REFERENCES FORM (Exhibit E)
A minimum of three (3) verifiable public agency references, preferably from a community college or K-12 district, of similar scope and industry shall be listed on the “References” sheet provided in this RFP. This list may include current and former clients (with reason for cancellation if applicable) all of whom are able to comment on the Offeror’s related experience.
6. LIST OF SUBCONTRACTORS FORM (Exhibit F)
Offeror shall list all subcontractors that will be used in the delivery of services.
7. BUSINESS PROFILE FORM (Exhibit G) This form shall be completed in its entirety. If additional space is needed, additional pages may be attached.
8. ADDITIONAL MATERIAL (optional)
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Offerors may include other materials that they feel may improve the quality of their responses.
Offerors are encouraged to review all prices prior to proposal submittal, as withdrawal or correction may not be permitted after the proposal has been opened. Prices quoted shall include any and all miscellaneous fees and costs. The cost for developing the proposal is the sole responsibility of the Offeror. All proposals submitted become the property of the District. Should Offeror not quote on a particular item, please enter “No Quote” next to each item not quoted on. All proposals shall be signed and the title and firm name indicated. A proposal by a corporation shall be signed by an authorized officer, employee, or agent with his or her title. An Offeror deviating from specifications must specify any and all deviation(s) on Exhibit D. Failure to note said exceptions shall be interpreted to convey that the Offeror shall propose to perform in the manner described and/or specified in this solicitation. If exception(s) are taken or alternatives offered, complete descriptions must be shown separately. Be advised that all information contained in proposals submitted in response to this solicitation may be subject to the California Public Records Act (Government Code Section 6250 et seq.), and information’s use and disclosure are governed by this Act. Any information deemed confidential or proprietary should be clearly identified by the Offeror as such. It may then be protected and treated with confidentiality only to the extent permitted by state law.
3.2 Request for Clarification/Information (RFC/RFI)
Questions regarding the meaning of the Scope of Work, Technical Requirements, or other pre-proposal documents shall be directed to Isabel Trevino, Buyer, at [email protected] or faxed to 909-652-6704. To be given consideration, request(s) must be in writing and received by the date listed on the RFP Events Schedule for “Last Day for offerors to submit questions”. Any and all such interpretations and any supplemental instructions will be posted Purchasing Services’ website at www.chaffey.edu/purchasing not later than the date fixed as “Last Day for District to answer questions”. All addenda so issued shall become part of the contract documents. Under no circumstances may the Offeror contact the using department/division.
3.3 Addenda
The effect of all addenda to the RFP documents shall be considered in the proposal, and said addenda shall be made part of the RFP documents and shall be returned with them. Before submitting a proposal each offeror shall ascertain whether or not any addenda have been issued. Failure to include any such addenda in Offeror’s proposal
may render the proposal invalid and result in its rejection. Offerors are primarily and ultimately responsible for
ensuring that they have received any and all Addenda. To this end, each Offeror should access the Purchasing Services’ website at www.chaffey.edu/purchasing to verify that he/she has received all Addenda issued, if any.
3.4 Request for Proposal (RFP) Submittals: In the case of Request for Proposals (RFP’s), it should be noted that the documents submitted by prospective offerors are competitive sealed proposals and not competitive sealed bids. By their nature, proposals will include a number of variables that will vary based on the complexity of the product or service addressed within the proposal.
When proposals are opened, prices and other information will not be made public until the proposal is awarded. There shall be no disclosure of any Offeror’s information to competing offerors prior to the award of the proposal. At that time, the executed contract and proposals will become public information. Accordingly, each proposal should be submitted on the Offeror’s most favorable terms from a price and technical standpoint.
3.5 Award of Contract
Proposals will be analyzed and award shall be made to the responsible Offeror whose proposal is determined to be the most advantageous to the District, taking into consideration price and the criteria established for evaluation set forth in the request for proposal.
The District may make such investigations as it deems necessary to determine the ability of the Offeror to provide the goods and/or service as specified, and the Offeror shall furnish to the District, as is commercially reasonable, all
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such information and data for this purpose. The District may discuss or negotiate with one or more firms prior to award and reserves the right to reject any proposal.
The District reserves the right to reject any or all proposals, either separately or as a whole, any item or items, to waive informalities, technical defects and minor irregularities in proposals received; and to select the proposal(s) deemed most advantageous to the District, and is not to be bound to accept the lowest price. Should the District elect to waive a right it will not constitute an automatic waiver of that right in the future nor will it impact any other right or remedy.
The District reserves the right to withhold award of contract for a period of ninety (90) days following RFP opening. All proposals received are considered firm for that 90 day period.
The District reserves the right to award one or more contracts on the proposals submitted, either by award of all items to one Offeror or by award of separate items or groups of items to various offerors as the interests of the District may require, unless the Offeror clearly specifies otherwise in his bid.
Upon acceptance by District, a purchase order or contract will be issued to the successful Offeror and shall be deemed to result in a binding contract incorporating the solicitation, proposal, and terms and conditions contained herein without further action required by either party. Items are to be furnished as described in the RFP and in strict conformity with all instructions, conditions, specifications, and provisions in the complete contract, as defined by this clause or any related integrated agreement.
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Section 4
DISTRICT’S STANDARD FORM CONTRACT (I.E., “FIELD AGREEMENT”) FOLLOWS
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CHAFFEY COMMUNITY COLLEGE DISTRICT FIELD AGREEMENT
CONTRACT #
This Contract is made and entered on , by and between Chaffey Community College
District (“DISTRICT”), and (“CONTRACTOR”). DISTRICT and CONTRACTOR agree that:
A. CONTRACTOR shall furnish to DISTRICT for the Not-to-Exceed Contract Sum of Dollars
($ ), the following:
The following documents are attached hereto and are incorporated by reference: Specifications/Proposal: Purchase Order No. Payment Bond (required for contracts of $25,000 or more), Bond No. Labor and Materials Release (Must be submitted to DISTRICT prior to payment)
B. The Completion Time shall begin on , and shall end on . CONTRACTOR shall forfeit and pay
DISTRICT $ /day as liquidated damages for each calendar day of unexcused delay that the work remains unfinished beyond the Completion Time; and that DISTRICT may deduct such liquidated damages from any payments due or to become due to CONTRACTOR. This provision shall not limit any right or remedy of DISTRICT in the event of any other default of CONTRACTOR other than failing to complete the work within the Completion Time.
C. The Contract Term begins on the date the Contract is entered, and ends when both Parties have fully discharged their obligations.
D. Payment shall be made upon completion and acceptance of Work and receipt of proper invoice, net 30 days.
All of CONTRACTOR’S direct and indirect expenses are included in the Contract Sum.
E. Name, Title shall inspect CONTRACTOR’S work and shall recommend acceptance to DISTRICT’S Governing Board.
F. The Contract includes the terms and conditions as printed and set forth on the reverse of this page and as attached; and CONTRACTOR, by signing this Contract, agrees to comply with such terms and conditions.
G. CONTRACTOR shall guarantee all labor and materials used in the performance of this Contract for a period of
365 days from the date of acceptance by DISTRICT. H. For this Contract, time is of the essence. I. Special Terms and Conditions: .
J. Insurance Certificates shall be submitted to DISTRICT with endorsements prior to starting work: Workers’ Compensation and Employer’s Liability Insurance – as required by Federal and California Law. Commercial General Liability: $1 Million combined single limit per occurrence including bodily injury, broad
form property damage, written on an “occurrence” basis. Automobile Liability; $1 Million combined single limit covering all owned, non-owned and hired vehicles.
All policies, excepting Workers' Compensation and Employer’s Liability, shall be endorsed to include the Rancho Cucamonga Campus/Chino Campus/Fontana Campus, Chaffey Community College District, and Southern California Schools Risk Management as an additional insured and contain a Cross Liability or Severability Clause. The Workers' Compensation and Employer’s Liability policies shall be endorsed to waive all rights of subrogation against Chaffey Community College District.
CONTRACTOR: DISTRICT:
BY: BY:
(Official Authorized Signature) Purchasing Services
(Print Name)
(Print Title)
ADDRESS:
PHONE & FAX:
License No.
EIN:
(Taxpayer Identification No.)
5885 Haven Avenue Rancho Cucamonga, CA 91737-3002 (909) 652-6701 FAX: (909) 652-6704
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TERMS AND CONDITIONS
1. EQUIPMENT AND LABOR: The CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, transportation,
labor, and material necessary to furnish the service herein described. The service shall be performed in a high quality, workmanlike manner at such times and places as directed by and subject to the approval of the authorized DISTRICT representative indicated.
2. SUBCONTRACTORS: Subcontractors, if any, engaged by the CONTRACTOR for the service shall be subject to the approval of the DISTRICT. CONTRACTOR shall be held responsible for all operations of subcontractors and shall require them to maintain adequate Workers’ Compensation and public liability insurance.
3. SAFETY AND SECURITY: It shall be the responsibility of the CONTRACTOR to ascertain from the DISTRICT, the rules and regulations pertaining to safety, security and driving on school grounds, particularly when students are present.
4. TERMINATION: The DISTRICT may terminate this Contract upon ten (10) days notice without cause and the CONTRACTOR shall be entitled to compensation based on the services completed to the satisfaction of the DISTRICT. The DISTRICT may terminate immediately upon default and may withhold from payments due CONTRACTOR on this or any other contract the amount necessary to complete the Services as scheduled.
5. CONTRACT CHANGES: No changes or alterations to this Contract shall be made without specific prior written approval by the DISTRICT.
6. DOCUMENT CONFLICT: In case of conflict between specifications and drawings and/or actual site conditions, work shall immediately cease until the conflict is resolved by a DISTRICT representative. This document and any attachments referenced represent the entire agreement and shall be enforced and interpreted under the laws of the State of California. In the event any provision of the Contract conflicts with any attachments, the Contract shall prevail. Should any provision of the Contract be held invalid, the remainder of the Contract shall be in full force and effect.
7. WORKERS: CONTRACTOR shall at all times enforce strict discipline and good order among his employees and shall not employ any unfit person or anyone not fully skilled in work assigned to him. All conduct of CONTRACTOR, employees, agents, or guests shall be of a high professional standard. Any person in the employ of the CONTRACTOR whom the DISTRICT may deem incompetent or unfit shall be dismissed from work and shall not again be employed without the written consent of the DISTRICT.
8. SUBSTITUTIONS: No substitutions of materials specified shall be made without the prior approval of the DISTRICT.
9. CONTRACTOR SUPERVISION: CONTRACTOR shall provide competent supervision of personnel employed on the job, use safe high quality equipment, and consistently deliver quality workmanship.
10. STANDARD OF CARE: Services performed by CONTRACTOR under this Agreement shall be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the same profession currently practicing in the same locality under similar conditions. If any of its completed products, installations, or services fail to conform to the above professional standard, or if property damage occurs (including damage to subsurface utilities or irrigation systems) as a direct result of CONTRACTOR’s operations, CONTRACTOR will, at its own expense, perform all necessary services to correct such defects or arrange for the necessary repairs or restoration.
11. CLEAN-UP: CONTRACTOR shall remove and legally dispose of all waste off DISTRICT’S property.
12. PROTECTION OF WORK AND PROPERTY: The CONTRACTOR shall erect and properly maintain at all times, as required by conditions and progress of work, all necessary safeguards, signs, barriers, lights and watchmen for protection of workers and the public and shall post danger signs warning against hazards created by such features in the course of the Contract services. In an emergency affecting life and safety of life or of work or of adjoining property, CONTRACTOR, without special instruction or authorization from DISTRICT, is hereby permitted to act, at his discretion, to prevent such threatened loss or injury.
13. OCCUPANCY: DISTRICT reserves the right to occupy buildings at any time before contract completion, and such occupancy shall not extend the date specified for completion. Such occupancy shall not relieve CONTRACTOR of any duties or responsibilities under this Contract.
14. INSPECTION OF SERVICES: DISTRICT representatives shall at all times have access to work areas, whether it is in preparation or progress. CONTRACTOR shall provide safe and proper facilities for such access.
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15. ASSIGNMENT OF CONTRACT AND/OR PURCHASE ORDER: The CONTRACTOR shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations without the prior written consent of the DISTRICT.
16. DEFAULT: Failure of the CONTRACTOR to comply with any of the terms or conditions of this Contract shall constitute default by the CONTRACTOR.
17. PROVISIONS REQUIRED BY LAW: Each and every provision of law and clause required to be inserted into this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though it were included herein.
18. PERMITS AND LICENSES: The CONTRACTOR and all of his employee or agents shall secure and maintain in force such licenses and permits as are required by law, in connection with the furnishing of materials, supplies or service herein listed.
19. FORCE MAJEURE: CONTRACTOR shall be excused from performance hereunder during the time and to the extent that they are prevented from obtaining, delivering or performing by act of God, fire, strike, terrorist act, lock-out, or acts of the government when satisfactory evidence thereof is presented to the DISTRICT, and provided that it is satisfactorily established that the nonperformance is not due in full or in part to the fault or neglect of the CONTRACTOR, its employees, subcontractors, suppliers or agents.
20. INDEMNIFICATION: CONTRACTOR and its successors or assigns agree to defend, indemnify and hold harmless the DISTRICT and its governing board, officers, employees, agents, subcontractors and volunteers from and against any and all liabilities, penalties, fines, forfeitures, demands, claims, causes of action, suits, and costs and expenses incidental thereto (including cost of defense, settlement, and reasonable attorney’s fees) which any or all of them may hereafter suffer, incur, be responsible for or pay out as a result of bodily injuries (including death) to any person, damage (including loss of use) to any property (public or private), or any violation or alleged violation of statutes, ordinances, orders, rules or regulations of any governmental entity or agency, to the extent such are caused by, alleged to be caused by or arising out of:
(a) The negligent acts, errors, or omissions of CONTRACTOR or CONTRACTOR's subcontractor, agents or employees;
(b) Any violations of federal, state, or local statutes or regulations arising out of or resulting from any negligent act, error or omission of CONTRACTOR or its employees, agents, or subcontractors;
(c) The use of any copyrighted materials or patented inventions; or
(d) CONTRACTOR's breach of its warranties or obligations under this Agreement.
21. INSURANCE: The CONTRACTOR shall maintain adequate insurance for protection from claims under Workers’ Compensation acts and from claims for damages for personal injury, including death, and damage to property, which may arise from operations under the Contract. Failure to furnish the Contract required insurance documents may be considered a material default of the CONTRACTOR.
22. PAYMENT: Unless otherwise specified, the CONTRACTOR shall render invoices in duplicate for materials delivered or services performed under the Contract. The DISTRICT shall make payment in full for materials, supplies, or other services furnished under this Contract within a reasonable and proper time after acceptance thereof by the authorized DISTRICT representative. No progress payments shall be authorized unless specifically called for in the Contract.
23. CONTRACTOR STATUS: While engaged in carrying out the terms and conditions of the Contract, the CONTRACTOR is an independent contractor, and not an officer, employee, or agent of the DISTRICT.
24. ANTI-DISCRIMINATION: It is the Policy of the Chaffey Community College DISTRICT that all Contractors agree to comply with applicable Federal and California laws including, but not limited to the California Fair Employment Practice Act, beginning with Labor Code Section 1410 and Labor Code Section 1735. In addition, the CONTRACTOR agrees to require like compliance by all subcontractors employed on the job.
25. LABOR CODE: CONTRACTOR shall comply with the applicable provisions of the Labor Code, Division 2, Part 7, Ch. 1 Articles 1-5, including the payment of the General Prevailing Wages. Copies of the prevailing rate of per diem wages are on file in the DISTRICT’s Purchasing Services Office. If applicable statutes require payment of Prevailing Wages, CONTRACTOR shall maintain for audit by the DISTRICT, certified payroll records applicable to this Contract, stating wage rates, trades, payments made, and employee signatures. Copies of these records shall be furnished to the DISTRICT upon request.
26. TIME: Time is of the essence in this Contract.
27. UNDER NO CIRCUMSTANCES SHALL THE AUTHORIZED WORK CAUSE THE TOTAL CONTRACT SUM TO EXCEED $45,000/$125,000.
Acknowledged Receipt: Initials/Date
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EXHIBIT A
RFP PRICE FORM
1. Monthly cost for maintenance landscaping services for Chino Campus $
2. Hourly rate for non-contract work performed by Laborer $
3. Hourly rate for non-contract work performed by Foreman $
4. Hourly rate for non-contract work performed by Supervisor $
NOTE: Emergency services requested after regular hours, Monday through Saturday, shall be charged at 1.5 times the hourly rate quoted above and 2.0 times the hourly rate quoted above on holidays and Sundays
5. Plant price – shrub/ground cover, 1 gallon, price per each $
6. Plant price – shrub, 5 gallon, price per each $
7. Plant price – tree, 15 gallon, price per each $
8. Plant price – ground cover, full flat, price per each $
The undersigned, as Offeror, certifies that this submittal is made without collusion with any other person, firm, or corporation; and in submitting a response to this request; has examined instructions, specifications, and terms and conditions of the solicitation. Respondent proposes and agrees to execute and fully perform in accordance with the instructions, specifications, terms and conditions of this request and any resulting agreement.
Signature of Offeror’s Authorized Representative Date Printed Name Name of Offeror (Company)
Title Address
Email address City, State, Zip
Phone Number Fax Number
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EXHIBIT B
ADDITIONS, DELETIONS AND/OR EXCEPTIONS Please state any and all Additions, Deletions, and/or Exceptions that you are taking to any portion of this proposal. If not addressed below, then District interprets such as that the vendor will adhere to all terms and conditions listed.
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EXHIBIT C
REFERENCES
Offeror shall provide a minimum of three (3) Customer References with three (3) or more years experience with
the Offeror. Local and similar size contract references are preferred.
REFERENCE #1
NAME OF FIRM
ADDRESS
CITY, STATE ZIP CODE
TELEPHONE #
CONTACT
DATES OF SERVICE
APPROX. SIZE OF PROJECT
REFERENCE #2
NAME OF FIRM
ADDRESS
CITY, STATE, ZIP CODE
TELEPHONE #
CONTACT
DATES OF SERVICE
APPROX. SIZE OF PROJECT
REFERENCE #3
NAME OF FIRM
ADDRESS
CITY, STATE, ZIP CODE
TELEPHONE #
CONTACT
DATES OF SERVICE
APPROX. SIZE OF PROJECT
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EXHIBIT D
LIST OF SUBCONTRACTORS
NAME UNDER WHICH SUBCONTRACT IS
LICENSED
CONTRACTORS LICENSE NUMBER
ADDRESS AND PHONE NUMBER OF OFFICE, MILL OR SHOP
SPECIFIC DESCRIPTION
SUBCONTRACT
(ATTACH ADDITIONAL SHEETS IF REQUIRED)
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EXHIBIT E
BUSINESS PROFILE
All offerors shall submit the information as requested below.
1. Length of time your firm has been in business:
2. Length of time at current location:
3. List types of and Contractors license number(s):
4. Names and titles of all officers of the firm:
5. Is your firm a sole proprietorship doing business under a different name? YES or NO
If yes, please indicate sole proprietorship name and the name you are doing business under:
6. Is your firm incorporated? YES or NO
7. Please indicate your Federal Tax Number:
8. Payee and remittance address that will appear on invoices:
9. Physical Address:
10. Total number of employees ___________ Full time ________ Part time ________
11. Identify personnel to be assigned to the District project, i.e. Supervisor, Foreman, Laborer, etc. and their qualifications (Attach additional pages labeled Exhibit G - Personnel).
12. Provide a list of all equipment available to perform the required services (attach additional pages labeled – Equipment).
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EXHIBIT F
SUBMITTAL CHECKLIST
This checklist is provided to assist in the preparation of Offeror’s proposal. It is only intended as a guide. It is the Offeror’s responsibility to read the RFP thoroughly and comply with all requirements. All proposals should include but are not limited to the following forms:
EXHIBIT A - RFP Price Form – completed and signed by authorized representative
EXHIBIT B - Additions, Deletions and/or Exceptions - if none, write “NONE” and submit
EXHIBIT C - References – complete as requested
EXHIBIT D - List of Subcontractors – if none, write “NONE” and submit
EXHIBIT E - Business Profile – complete as requested
Addenda (if any) – be sure all addenda are completed, signed, and submitted with proposal
