Request for Qualifications for Landscaping Services for the San Joaquin Council of Governments

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1 Request for Qualifications for Landscaping Services for the San Joaquin Council of Governments DATE ISSUED: March 11, 2019 SUBMITTAL DEADLINE: SUBMIT TO: March 29, 2019 at 4:00 pm Rebecca Calija-RFQ Landscaping Services San Joaquin Council of Governments 555 E. Weber Avenue Stockton, CA QUESTIONS: Rebecca Calija TELEPHONE: (209) FAX: (209) I. INTRODUCTION AND BACKGROUND The San Joaquin Council of Governments owns property at the corner of East Weber Ave. and North American Street in downtown Stockton. The property extends from Weber Avenue north to E. Channel Street and from N. American Street west approximately ½ the block to a fence line separating SJCOG and Bank of Agriculture and Commerce. SJCOG s building sits on the southern portion of the lot with the remainder, an asphaltpaved 19,500 square feet parking area. The parking area is fenced with a remotecontrolled gate on North American Street. Shrubs ring the perimeter of the property. Within the parking area, there are trees and shrubs at the four corners and two islands with plantings. The patio on the west side of the building has several shrubs and plantings. All planting areas are served by an automated irrigation system. II. SCOPE OF SERVICES The scope of this proposal is to maintain all flower beds through weeding, trimming, removal and replacement of dead plants and shrubs and maintenance of the automated irrigation system. In addition, the parking area will be kept clean of dirt and debris.

2 III. STATEMENT OF QUALIFICATIONS Please submit the following information: Cover Letter: Contact Person: Project Team: Location: Experience: Requirements: References: Include DUNS # Describe your firm s interest and commitment to providing the required services. The person authorized by the firm/company to negotiate a contract with SJCOG shall sign the cover letter. Include the name and contact information of a single contact person for proposer if different from the person who signs the cover letter. Describe key personnel expected to do the work. Indicate whether a sub-contractor will be utilized. An address of the office where the proposer is located. Proposers should be able to demonstrate a minimum of five consecutive years in the landscaping business and hold a valid City of Stockton business permit. Liability insurance, workers compensation and other required insurances at legal minimums are necessary. The names of three references familiar with the proposer s work should be provided. The DUNS number identifies an agency as registered to do business with government agencies using federal funds. IV. QUALIFICATION AND PROPOSAL PROCESS A panel consisting of SJCOG staff will evaluate each Request for Qualifications. Selected candidates will be invited to an interview with the panel to explain their relevant experience and approach they would employ to provide the required services. The panel will rank the organization and make a recommendation. If negotiations with the highestranking company are unsuccessful, negotiations will be conducted with the next highestranking organization. This process will be repeated until an acceptable contract is negotiated. V. QUALIFICATION CRITERIA Statement of Qualifications will be evaluated on the following criteria: 1. Years and type of experience as it relates to SJCOG s building; 2. References; 3. Cost proposal.

3 VI. SUBMITTAL Please submit four (4) copies of your Statement of Qualifications to: Rebecca Calija RFQ for Landscaping Services Manager of Administrative Services San Joaquin Council of Governments 555 E. Weber Avenue Stockton, CA Submittal must be received by March 29, 2019 at 4:00 p.m. Postmarks are not accepted. VII. SCHEDULE The candidate selection and hiring process will be conducted on the following schedule: March 11, 2019 March 29, 2019 at 4:00 pm April 04, 2019 April 11, 2019 April 25, 2019 Week of April 29, 2019 June 3, 2019 Issue Request for Qualifications (RFQ) Deadline for Statement of Qualifications RFQ Scoring/Review Committee Interviews Board Approve candidate selection Contract negotiations with company Begin contract services VIII. SOLICITATION DISCLAIMER IX. All Statements of Qualifications become the property of SJCOG upon submission. Cost of preparing, submitting, and presenting a Statement of Qualifications and participating in an interview is at the sole expense of the applicant. SJCOG has the right to reject any or all Statement of Qualifications received as a result of this request. Solicitation of statements in no way obligates SJCOG to contract with any company or individual. X. DISADVANTAGED BUSINESS ENTERPRISE (DBE Policy) The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract, or in the administration of its DBE Program, or the requirements of 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient s DBE Program, as required by 49 CFR, Part 26 as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C et seq.)

4 Directory This project is subject to a combination race-neutral/race conscious requirements. Please refer to the following website for assistance. Contract Goal By race-neutral means (a term that includes gender neutrality for purposes of this rule), DOT means outreach, technical assistance, procurement process modification, etc. measures that can be used to increase opportunities for all small businesses, not just DBEs, and do not involve setting specific goals for the use of DBEs on individual contracts. By race-conscious means a goal is set if SJCOG is unable to meet the DBE participation level under race-neutral means. Good Faith Efforts The DBE policy requires contractors to follow Good Faith Effort Guidelines; however, they are limited to UDBEs. UDBEs are limited to these certified DBEs that are owned and controlled by African Americans, Native Americans, Women, and Asian-Pacific Americans. Assurance The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of DOTassisted procurement and contracts of products and services contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract, or such other remedy, as recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non-responsible. Prompt Payment Prompt Progress Payment to Subcontractors SJCOG requires contractors and subcontractors to be timely paid as set forth in Section of the California Business and Professions Code concerning prompt payment to subcontractors. The 10-days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency s prior written approval. Any violation of Section shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies of that Section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-dbe subcontractors.

5 Prompt Payment of Withheld Funds to Subcontractors SJCOG requires prompt and full payment of retainage from the prime contractor to the subcontractor within thirty (30) days after the subcontractor s work is satisfactorily completed and accepted. This shall be accompanied with the following provisions: The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency s prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Consultant or Subcontractor in the event of a dispute involving late payment or nonpayment by the Consultant, deficient subcontractor performance, and/or noncompliance by a Subcontractor. This clause applies to both DBE and non-dbe Subcontractors. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - PRIMARY COVERED TRANSACTIONS 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

6 XII. BID PROTEST Bid Protest 1. Bid Protest. Any bid protest must be in writing and received by SJCOG at 555 East Weber Avenue, Stockton, CA before 5:00 p.m. no later than five (5) business days following bid opening (the Bid Protest Deadline ) and must comply with the following requirements: 1.1. General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest. If required by SJCOG, the protesting bidder must submit a non-refundable fee in the amount specified by SJCOG, based upon SJCOG s reasonable costs to administer the bid protest. Any such fee must be submitted to SJCOG no later than the Bid Protest Deadline, unless otherwise specified. For purposes of this Section, a business day means a day that SJCOG is open for normal business, and excludes weekends and holidays observed by SJCOG Protest Contents. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, address, and telephone number of the person representing the protesting bidder if different from the protesting bidder Copy to Protested Bidder. A copy of the protest and all supporting documents must be concurrently transmitted by fax or by , by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest Response to Protest. The protested bidder may submit a written response to the protest provided the response is received by SJCOG before 5:00 p.m., within seven (7) business days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the Response Deadline ). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, address, and telephone number of the person representing the protested bidder if different from the protested bidder Copy to Protesting Bidder. A copy of the response and all supporting documents must be concurrently transmitted by fax or by , by or before the Response Deadline, to the protesting bidder and other bidder who has a reasonable prospect of receiving an award depending on the outcome of the protest.

7 1.6. District Action. The Executive Director will designate staff to investigate disputed factual allegations, if any, contained in the protest The designated staff will prepare a Proposed Decision with assistance from SJCOG General Counsel as soon as possible. The Proposed Decision should contain a summary of the protest and any responses received, an evaluation of the protest, and a recommendation as to whether the protest should be allowed or denied. The Proposed Decision will only address the issues raised in the protest. The Proposed Decision shall be submitted to the Executive Director for approval If the Proposed Decision is approved by the Executive Director, the Proposed Decision is then transmitted to the SJCOG Board Members If a Member of the Board does not request full Board consideration of the protest within ten days of mailing of the Proposed Decision, the Proposed Decision becomes the Final decision of SJCOG and is mailed to the protestor and the protested bidder to whom Award was authorized Exclusive Remedy. The procedure and time limits set forth in this Section are mandatory and are the bidder s sole and exclusive remedy in the event of bid protest. A bidder s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings Right to Reject all Bids. The bidder s filing of a protest shall not preclude SJCOG from rejecting all bids or proposals and re-advertising a contract. Rejecting all bids or proposals shall render a protest moot and terminate all protest proceedings Right to an Award. The SJCOG Board of Directors reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the Work notwithstanding any pending or continuing challenge to its determination. XIII. QUESTIONS Questions regarding the RFQ should be directed to Rebecca Calija, Manager of Administrative Services of SJCOG staff at (209)

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