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HomeMy WebLinkAboutAgenda - 03-06-2025; 8-j - Award of Professional Services Agreement for County Grounds Maintenance 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 6, 2025 Action Agenda Item No. 8-j SUBJECT: Award of Professional Services Agreement for County Grounds Maintenance DEPARTMENT: Environment, Agriculture, Parks and Recreation (DEAPR), Finance and Administrative Services ATTACHMENT(S): INFORMATION CONTACT: Services Agreement Contract with David Stancil, 919-245-2510 Murray's Landscape Maintenance Jovana Amaro, 919-245-2651 and Horticultural Services with Attachments PURPOSE: To approve and authorize the Manager to execute a Professional Services Agreement with Murray's Landscape Maintenance and Horticultural Services for the maintenance of Orange County facility grounds. BACKGROUND: In October 2024, Orange County issued a Request for Proposals (RFP# 367- OC 5440) for the maintenance of grounds at County buildings. Firms were able to submit proposals for 1) Hillsborough and Efland area locations, 2) Chapel Hill area locations, or 3) both. Due to the timing of the growing season, contracts for grounds maintenance typically run on a calendar year basis to allow for starting and ending dates of contracts to occur outside of the growing seasons. This contract would begin on March 14, 2025, and end on March 13, 2026, with the option to renew up to three (3) additional years upon mutual consent. The contract would cover the mowing, trimming, mulching and other typical grounds maintenance components for a total of fourteen (14) locations across the County, as shown in the contract attachments. The Rogers Road Community Center is included in the fourteen (14) locations; however, the Cedar Grove and Efland Cheeks community centers are located within County parks and the grounds around those buildings are maintained as part of the parks maintenance activities. A total of ten (10)firms responded with proposals, and a Project Review Committee was convened to review and rank the proposals. The Project Review Team included DEAPR Director David Stancil; Capital Projects Manager Angel Barnes from Asset Management; Landscape Architect Marabeth Carr, Parks Superintendent Dan Derby, and Business Officer Ardra Webster from DEAPR. Purchasing Agent Jovana Amaro advised the process and handled the RFP submittal and receipt of proposals. Of the ten (10)firms submitting proposals, the top four(4) scoring firms were invited for interviews: 2 • Murray's Landscape Maintenance and Horticultural Services, LLC; • Rantos Maintenance and Landscape; • Hillsborough Landscaping; and • Brightview Landscape Services Following the interviews, the Project Review Team recommends the County move forward with Murray's Landscape Maintenance and Horticultural Services, LLC. FINANCIAL IMPACT: The negotiated price of the services to be conducted is $116,550, for all locations as listed. A portion of that amount ($38,850) would be incurred in the current fiscal year. Funding is present in the FY 2024-25 budget for the remainder of the fiscal year through June 30, 2025. The balance of funding would be needed in FY 2025-26 for the portion of the contract in that fiscal year. The total contract amount is within current/previous budget amounts and would not incur an increase in total costs. ALIGNMENT WITH STRATEGIC PLAN: This item supports: • GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION OBJECTIVE 2. Invest in our infrastructure to reduce the environmental impact of the County fleet/facilities and improve safety. • GOAL 2: HEALTHY COMMUNITY OBJECTIVE 7. Invest in services and programs that improve the health and quality of life of the community (e.g., recreation and public open spaces, arts, etc.) RECOMMENDATION(S): The Manager recommends that the Board: 1. Approve Orange County entering into a Professional Services Agreement with Murray's Landscape Maintenance and Horticultural Services, LLC, for the maintenance of Orange County grounds; and 2. Authorize the Manager to execute the contract upon final review of the County Attorney and any subsequent amendments for contingent and unforeseen requirements on behalf of the Board. 3 [Departmental Use Only] TITLE Grounds Mainteannce FY 24-25/25-26 NORTH CAROLINA SERVICES AGREEMENT RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 6th day of March, 2025, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Murray's Landscape Mainteance and Horticultural Services, LLC , (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Services Agreement ("Agreement") is for services to be rendered by Provider to County with respect to (insert type of project): maintenance and landscape services at Orange County facility grounds locations, as identified in Attachment 2. ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance Revised 01/24 1 4 with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. 3. Basic Services a. Basic Services. Revised 01/24 2 5 i) The Provider shall perform as Basic Services the work and services described herein and as specified in the County's Request for Proposals or Request for Qualifications (the "RFP") "RFP Number RFP#367-005440 for"Landscape and Grounds Maintenance Services at Orange County Facilities" issued October 29, 2024, and the Provider's proposal, which are fully incorporated and integrated herein by reference together with Attachments 2 and 3 (designate all attachments). In the event a term or condition in any referenced document or attachment conflicts with a term or condition of this Agreement the term or condition in this Agreement shall control. Should such conflict arise the priority of documents shall be as follows: This Agreement, the County's RFP together with attachments, Provider's Proposal together with attachments. ii) The Basic Services will be performed by the Provider in accordance with the following schedule: (Insert milestones task list, dates and fees. If milestones are not established mark N/A under Milestone Task 1.) Milestone Task Milestone Date Milestone Fee 1. Please see Attachment I for Milestones 2. 3. 4. 5. 6. 7. 8. 9. 10. iii) Should County reasonably determine that Provider has not met the Milestone Dates established in Section 3(a)(ii), County shall notify Provider of the failure to meet the Milestone Date. The County, at its discretion may provide the Provider seven (7) days to cure the breach. County may withhold the accompanying payment without penalty until such time as Provider cures the breach. In the alternative, upon Provider's failure to meet any Milestone Date the County may modify the Milestone Date schedule. Should Provider or its representatives fail to cure the breach within seven (7) days, or fail to reasonably agree to such modified schedule, County may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Provider. This section shall not be interpreted to limit the definition of breach to the failure to meet Milestone Dates. 4. Duration of Services a. Term. The term of this Agreement shall be from March 14, 2025 to March 13, 2026, and may be renewed by mutual consent of both parties for up to three (3) additional years. b. Scheduling of Services Revised 01/24 3 6 i) The Provider shall schedule and perform its activities in a timely manner so as to meet the Milestone Dates listed in Section 3. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be March 14, 2025. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services is one hundred sixteen thousand and five hundred fifty Dollars ($116,550). In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Payment for Basic Services shall become due and payable in direct proportion to satisfactory services performed and work accomplished. Payments will be made as Project milestones as set out in Section 3(a)(ii) are achieved up to the corresponding milestone fee. (For example, Provider may invoice for the amount listed as the milestone fee corresponding to the first milestone task upon County's acknowledgement of the satisfactory completion of Task one. Upon the County's acknowledgement that the second Task has been satisfactorily completed Provider may invoice for that corresponding milestone fee.) Milestone fees shall be the maximum amount payable for its corresponding milestone task which shall not be altered except by written amendment. b. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Dan Derby, Parks Superintendent) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any Revised 01/24 4 7 additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php.) If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. c. Compensation After Termination. Revised 01/24 5 8 i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. There are no third-party beneficiaries of this Agreement and nothing in this Agreement, express or implied, is intended to confer on any person other than the parties hereto (and their respective successors, heirs and permitted assigns), any rights, remedies, or obligations. b. Governing. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. c. Compliance with Laws. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each Orange County policy is incorporated herein by reference and may be viewed at http://www.oran ecountync. o�partments/purchasing division/contracts.php.) Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any Revised 01/24 6 9 agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of a suit or action. e. Entire Agreement. This Agreement, together with the RFP and its attachments and the Proposal and its attachments, represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation and Government Action. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable or not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability or non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County's statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Signatures. This Agreement together with any amendments or modifications may be Revised 01/24 7 10 executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail,return receipt requested to the following: Orange County Provider's Name & Address Attention: David Stancil Blake Murray P.O. Box 8181 4515 Greenglen Drive Hillsborough,NC 27278 Durham,NC 27705 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: By: Travis Myren, County Manager Blake Murray, Owner Printed Name and Title Revised 01/24 8 11 ORANGE COUNTY-INTERNAL USE ONLY Finance Information Vendor Name: Murray's Landscape Mainteannce and Horticulure Services LLC Vendor Contact Person: Blake Murray.Owner Phone:919-795-9885 Address:4515 Greenglen Drive City Durham State:NC Zip: 27705 Department:DEAPR Amount: $116,550 Purpose: Grounds maintenance Budget Code(s): 10515020 630000 Vendor#68846 Vendor Status with NCSOS:Active Vendor is a BOCC consultant: ❑Yes ®No Contract Details Contract Type: ®New ❑Amendment(Original Contract: )(Most Recent Amendment ) Effective Date 3/14/25 End Date 4/13/26 Notice Date N/A(Notice Purpose N/A) Award ®Approved by Board(Agenda Date: 3/6/25); ❑Made or Administered by Signature Authority - ®BOCC Express Delegation(Agenda Date: 3/6/2 5 - Policy 9.4: ❑Under$5,000; ❑ Service Under$90,000; ❑Construction Under$250,000 - ❑Budget Policy Section XV(Capital Improvement Project: Bidding ❑Informal Bidding($30k-$90k); ®Formal RFP($90k+); ❑Other(<$30k); ❑Exception(#-----) Department Affirmation ® This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. ❑This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed.Description of the nature of the emergency condition that was addressed: Department Director's Signature Date: Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: ❑Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards,specifications,and requirements: Office of the Risk Management Officer Date: Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer Date: Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney Date: Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Revised 01/24 9 12 Office of the Clerk to the Board Date: Revised 01/24 10 13 Attachment 1 Milestones for Contract with Murray's Landscape Maintenance and Horticultural Services, LLC March 6, 2025 Milestone Task Milestone Date Milestone Fee Month 1 4/13/2025 $9,712.50 Month 2 5/13/2025 $9,712.50 Month 3 6/13/2025 $9,712.50 Month 4 7/13/2025 $9,712.50 Month 5 8/13/2025 $9,712.50 Month 6 9/13/2025 $9,712.50 Month 7 10/13/2025 $9,712.50 Month 8 11/13/2025 $9,712.50 Month 9 12/13/2025 $9,712.50 Month 10 1/13/2026 $9,712.50 Month 11 2/13/2025 $9,712.50 Month 12 3/13/2025 $9,712.50 14 GRANGE COUNTY NORTH CAROLINA Orange County Government Request for Proposal RFP#: 367-OC 5440 Request for Proposals to Provide Landscape and Grounds Maintenance Services at Orange County Facilities Date of Issue: October 29, 2024 Proposal Opening Date: November 27, 2024 At 2:00 P.M. ET Direct all inquiries concerning this RFP to: Jovana Amaro Purchasing Agent Email: iamaro(a)-orangecountync.gov Electronic responses ONLY will be accepted for this solicitation. 1 15 1. PURPOSE AND BACKGROUND Orange County, North Carolina is releasing this Request for Proposals(hereafter`RFP')seeking responses from qualified landscaping and grounds maintenance firms with the staffing and expertise capable of maintaining grounds at Orange County buildings and facilities (not including parks) for the calendar year 2025. The Department of Environment, Agriculture, Parks, and Recreation (DEAPR)will be administering the contract(s). Proposals may be submitted three different ways - for either 1) Hillsborough-Effland Area Locations, 2) Chapel Hill-Area Locations, or 3) both Hillsborough-Effland area and Chapel Hill area (all locations). A list of the specific sites and locations to be maintained is listed in Section 5: Scope of Services of this document, and in Appendix A. Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto. 2.0 GENERAL INFORMATION 2.1 REQUEST FOR PROPOSAL DOCUMENT The RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference. 2.2 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS It shall be the Vendor's responsibility to read the Instructions, Orange County's terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP. If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this RFP, those must be submitted as questions in accordance with the instructions in Section 2.4 PROPOSAL QUESTIONS. If the Orange County determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. 2.3 RFP SCHEDULE The table below shows the intended schedule for this RFP. Orange County will make every effort to adhere to this schedule. Event Responsibility Date and Time Issue RFP OC October 29, 2024 Hold Pre-Proposal Meeting/Site Visit OC November 12, 2024, at 1:30 pm Submit Written Questions Vendor November 13, 2024 Provide Response to Questions OC November 20, 2024 Submit Proposals Vendor November 27, 2024, at 2:00 pm Contract Award OC TBD Contract Effective Date OC TBD 2 16 Non-Mandatory Recommended Site Visit Conference (Highly Recommended) Date: 11/12/2024 Time: 01:30 PM Eastern Time Instructions: Vendor representatives are urged to attend this site visit, which is one of many sites included in the proposal and apprise themselves of the conditions and requirements which will affect the performance of the work called for by this Request for Proposal. A non-mandatory (but highly recommended)site visit is scheduled for 01:30 PM Eastern Time at the David Price Farmers Market Pavilion, 144 East Margaret Lane, Hillsborough, NC. Vendor is cautioned that any information released to attendees during the site visit, other than that involving the physical aspects of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this Request for Proposal, must be confirmed by written addendum before it can be considered to be a part of this proposal. 2.4 PROPOSAL QUESTIONS Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process,Vendors shall submit any such questions by the above due date. Written questions shall be emailed to finance-purchasingCo)orangecountync.gov and 0amaro(d.)orangecountync.gov by the date and time specified above. Vendors should enter"RFP#: 367-OC 5440: Questions" as the subject for the email. Questions submittals should include a reference to the applicable RFP section. Questions received by the deadline date, Orange County's response, and any additional terms deemed necessary by the Orange County will be posted in the form of an addendum to Orange County website https://www.orangecountync.gov/Bids.aspx and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any Orange County personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFP. 2.5 PROPOSAL SUBMITTAL IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk for late submission due to unintended or unanticipated delay. Any proposal-submitted after the proposal deadline will be rejected. Vendors should enter "RFP#: 367-005440: Company's name, Landscape and Grounds Maintenance Services at Orange County Facilities" as the subject for the email. One Electronic (PDF Format) submittals should be less than 15MB in size and submitted by 2:00 p.m. EST on November 27, 2024. Electronic submittals shall be emailed to Jovana Amaro, Purchasing Agent at jamaro(o)orangecountync.gov copying David Stancil, DEAPR Director, at dstancil(a)orangecountync.gov by the date specified above. Please note the existence of Appendix A to this RFP,which lists the locations to be covered by this proposal. 3 17 Critical updated information may be included in Addenda to this RFP. It is important that all Vendors proposing on this RFP periodically check the Orange County's website https://www.orangecountync.gov/Bids.aspx for any Addenda that may be issued prior to the bid opening date. All Vendors shall be deemed to have read and understood all information in this RFP and all Addenda thereto. 2.6 PROPOSAL CONTENTS Vendors shall populate all attachments of this RFP that require the Vendor to provide information and include an authorized signature where requested. Vendor RFP responses shall include the following items and those attachments should be arranged in the following order: a) Cover Letter(Identify Project Manager) b) A written narrative response to address the Project Organization c) A written narrative response to address the Technical Approach d) Vendor Experience and Qualifications e) Total cost for the proposed services for Hillsborough-Efland Area Locations per month and per year. Include the cost breakdown by type of service/activity by each location. f) Total cost for the proposed services for Chapel Hill Area Locations per month and per year. Include the cost breakdown by type of service/activity by each location. g) Total cost for the proposed services for both Hillsborough-Efland and Chapel Hill Area Locations per month and per year. Include the cost breakdown by type of service/activity by each location. h) Completed Appendix B: Business Informational form. i) Acknowledgement of receipt of any addenda. j) Living Wage Contractor Policy form k) Completed and notarized E-Verify form. 1) Completed and signed Orange County Non-Discrimination Certification form m) Completed Supplemental Vendor Information: Historically Underutilized Businesses form. 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS 3.1 METHOD OF AWARD All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the RFP requirements and achieving the highest and best final evaluation, based on the criteria described below. While the intent of this RFP is to award a Contract(s) to single Vendor, Orange County reserves the right to make separate awards to different Vendors for one or more-line items, to not award one or more-line items or to cancel this RFP in its entirety without awarding a Contract if it is considered to be most advantageous to the County to do so. Orange County reserves the right to waive any minor informality or technicality in proposals received. 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION During the evaluation period—from the date proposals are opened through the date the contract is awarded—each Vendor submitting a proposal (including its representatives, sub-contractors and/or suppliers) is prohibited from having any communications with any person inside or outside the using agency, issuing agency, other government agency office, or body (including the purchaser named above, department secretary, agency head, members of the general assembly and/or governor's office), or private 4 18 entity, if the communication refers to the content of Vendor's proposal or qualifications, the contents of another Vendor's proposal, another Vendor's qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award, unless it is determined in Orange County's discretion that the communication was harmless, that it was made without intent to influence and that the best interest of Orange County would not be served by the disqualification. A Vendor's proposal may be disqualified if its sub-contractor and supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement to the date of contract award). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or general inquiries directed to the purchaser regarding requirements of the RFP (prior to proposal submission)or the status of the contract award (after submission) are excepted from this provision. 3.3 PROPOSAL EVALUATION PROCESS Orange County shall review all Vendor responses to this RFP to confirm that they meet the specifications and requirements of the RFP. Proposals will be received from each responsive Vendor according to the method of submission specified in Section 2.5 of this RFP. All proposals must be received by Orange County not later than the date and time specified on the cover sheet of this RFP. At their option, the evaluators may request oral presentations or discussions with any or all Vendors for clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor. Proposals will generally be evaluated according to completeness, content, and experience with similar projects, ability of the Vendor and its staff, and cost. Specific evaluation criteria are listed in 3.4 EVALUATION CRITERIA, below. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and Orange County reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the County. Upon completion of the evaluation process,the County will make Award(s)based on the evaluation criteria. 3.4 EVALUATION CRITERIA All qualified proposals will be evaluated, and award made based on considering the following criteria, to result in an award most advantageous to Orange County: Criteria Maximum Point Value 1. Vendor experience as it relates to the scope of services of the RFP 25 2. Technical approach in providing service and support. 25 3. Project Organization 25 5 19 4. Vendor has the size and capacity to perform project 25 Total goo 4.0 REQUIREMENTS 4.1 CONTRACT TERM The Contract shall commence on the date of contract award (the"Effective Date"). Work shall be performed in accordance with specific dates and the growing season as listed in this RFP with all work to be completed by December 31, 2025.Up on mutual agreement between the County and the Vendor, the contract may be extended for additional periods of one (1)year. 4.2 PRICING Proposal price shall constitute the total cost to Orange County for complete performance in accordance with the requirements and specifications herein, including all applicable charges handling, administrative and other similar fees. Vendor shall not invoice for any amounts not specifically allowed for in this RFP. IMPORTANT: The proposals shall provide both a total cost to perform all work, as well as a cost breakdown by type of activity (mowing, pruning, edging, debris removal, etc.) for each location shown in Appendix A. 4.3 INVOICES Invoices must include an accurate description of the work for which the invoice is being submitted, the invoice date, the period of time covered, the amount of fees due to the Vendor and the original signature of the Vendor's project manager. Payment will be made by the County within thirty (30) days of receipt of an accurate invoice, approved by the DEAPR Department. Invoices shall be sent to: Orange County DEAPR PO Box 8181 1020 US 70 West Hillsborough, NC 27278 4.4 VENDOR EXPERIENCE In its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to Orange County. Vendor shall provide information as to the qualifications and experience of personnel to be assigned to this project. Vendors familiar with sustainable landscaping principles and practices preferred. 6 20 4.5 REFERENCES Vendors shall provide at least three(3)references for which your company has provided Services of similar size and scope to that proposed herein. Orange County may contact these users to determine the Services provided are substantially similar in scope to those proposed herein and Vendor's performance has been satisfactory. The information obtained may be considered in the evaluation of the proposal. COMPANY NAME CONTACT NAME TELEPHONE NUMBER 4.6 PERSONNEL Vendor shall not substitute key personnel assigned to the performance of this Contract without prior written approval by the Contract Lead. Vendor shall notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor's recommended substitute personnel. Orange County will approve or disapprove the requested substitution in a timely manner. Orange County may, in its sole discretion, terminate the services of any person providing services under this Contract. Upon such termination, Orange County may request acceptable substitute personnel or terminate the contract services provided by such personnel. 4.7 VENDOR'S REPRESENTATIONS a) Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner. "Professional manner" means that the personnel performing the Services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of Orange County under this Contract. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s). b) If any Services, deliverables,functions, or responsibilities not specifically described in this Contract are required for Vendor's proper performance, provision and delivery of the service and deliverables under this Contract, or are an inherent part of or necessary sub-task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same manner as if specifically described in the contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies, and materials necessary for the Vendor to provide and deliver the Services and Deliverables. c) Vendor warrants that it has the financial capacity to perform and to continue perform its obligations under the contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction. d) A sample of the Services Contract — RFP/RFQ that will be executed with the selected vendor is included. 7 21 4.8 SUBCONTRACTING The vendor shall perform the duties described in the RFP. Subcontracting any part of the entire contract is not permitted. 5.0 SCOPE OF SERVICES The contractor shall perform regular maintenance and upkeep of County lawns, grounds, and landscaped areas at the locations identified in Appendix A, as also shown below: Category 1 — Hillsborough/Efland Area Locations • Main County Campus — several adjacent and proximate locations in downtown Hillsborough. See Appendix A for sub listing. • Orange County West Campus—West Margaret Lane • Orange County North Campus— 1020 US 70 West • Whitted Center/Central Recreation Center—300/302 West Tryon Street • Emergency Services Center—510 Meadowlands Drive • Piedmont Food and Agricultural Processing Center— 500 Valley Forge Road • Passmore Senior Center— 103 Meadowlands Drive • Asset Management Center—306 Revere Road • Motor Pool Complex—600 NC 86 North • EMS Substation—209 Mt. Willing Rd • EMS Station—3800 US 70 West, Efland Category 2— Chapel Hill Area Locations • Southern Human Services Center/Seymour Senior Center—2501/2551 Homestead Road • Animal Services Center— 1601 Eubanks Road • Rogers Road Community Center— 101 Edgar Street Maps of the above locations may be found in Appendix A. This regular maintenance and upkeep will include: 1) Routine Maintenance - For all properties, services would include mowing, trimming and edging, blowing, debris and trash collection, clipping cleanup and routine bed maintenance. These tasks are to be performed during the growing seasons. Regular maintenance will also include leaf blowing and or removal where necessary during fall. Note: Per Orange County policy vendor agrees to prohibit the use of the herbicide "Roundup"on County property. 2) Regular/Periodic Maintenance — Pruning of trees and shrubbery, shrub trimming, weeding/landscaping as needed; mulching as needed and agreed to as part of the site visit and conference. 3) Winter Service — periodical visits from mid-November through mid-February to check for litter, debris, fallen or broken limbs and other hazards. 8 22 5.1 TASKS/DELIVERABLES Please see Appendix A for locations and addresses to be maintained. This list includes 11 locations in the general Hillsborough area with varying degrees of size and landscaped areas, from the main County campus in downtown Hillsborough to small buildings and sites in and around Hillsborough and the nearby village of Efland. The list also includes three locations in the Chapel Hill area, which range from a large Southern Human Services center campus on Homestead Road to a small community center. A plan for the services described above in Section 5.0 at each location should be part of the proposal. Additional Information: 1) Orange County has a living wage ordinance that applies to its contractors. The living wage as of July 2024 is $17.65 per hour. 2) Orange County's Strategic Plan and ordinances encourage the use of sustainable landscaping and the use of native vegetation.The successful vendor should adhere to and show proof of sustainable landscaping principles in its proposal. If the contractor notes areas of invasive species on properties being maintained, they should contact the County liaison and a procedure for removal will be identified. 3) Upon selection, the contractor will meet with County staff(via the designated liaison)and walk the sites to be maintained and confirm the exact level of service to be performed. 4) On occasion, it is anticipated that the contractor and./or County may identify special projects, or a short-term or long-term plan (such as a Grounds Improvement Strategy) based on observation or aesthetic opportunity to address situations or matters that need attention. In these cases, either contractor or County will communicate the potential to the other, and the parties will discuss whether to pursue such issues as an additional project. 5.2 PROJECT ORGANIZATION Vendor shall describe the organizational and operational structure it proposes to utilize for the work described in this RFP and identify the responsibilities to be assigned to each person or internal group Vendor proposes to staff the work. 5.3 TECHNICAL APPROACH Vendor's proposal shall include, in narrative, outline, and/or graph form the Vendor's approach to accomplishing the Scope of Services of this RFP. A description of each task and the schedule for accomplishing each shall be included. 5.4 INSURANCE REQUIREMENTS The Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements https://www.oranaecountync.gov/DocumentCenter/View/1866/Minimuminsurance- CoverageReguirements-PDF Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 9 23 5.5 NORTH CAROLINA PUBLIC RECORDS All proposals received by Orange County shall be considered public information subject to lawful disclosure under North Carolina Public Records Law. Any proposal material deemed by the vendor to constitute either proprietary or trade secret material shall be designated as such, and each page or section of a page containing such material shall be marked by the vendor. In addition, it shall be the sole responsibility of the vendor to demonstrate to a court of competent jurisdiction that their designation is proper. 5.6 BUSINESS REGISTRATION The firm selected under this RFP will be required to have an active business registration with the North Carolina Secretary of State. 6.0 CONTRACT ADMINISTRATION 6.1 PROJECT MANAGER AND CUSTOMER SERVICE The Vendor shall designate and make available to Orange County a project manager. The project manager shall be the County's point of contact for contract related issues and issues concerning performance. 6.2 INSPECTION AND REVIEW PERFORMANCE The Vendor shall accompany a representative of the County on special inspections of the work during business hours of the County. The County reserves the right to make determinations as to whether service is being performed satisfactorily. The Vendor will meet with the County representatives for a conference and tour to evaluate the performance of the contract as needed. LIVING WAGE & E-VERIFY Living Wage Orange County is committed to providing its employees with a living wage and encourages agencies it funds to pursue the same goal. A copy of Orange County's Living Wage Contractor Policy is included at the end of this RFP. E-Verify HB789 imposes E-Verify requirements on contractors who enter into certain contracts with state agencies and local governments. The legislation specifically prohibits governmental units from entering into certain contracts"unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 65 of the General Statues." (Article 2 of Chapter 65 establishes North Carolina's E-Verify requirements for private employers.) It is important to note that the verification requirement applies to subcontractors as well as contractors. The new laws specifically prohibit governmental units from entering into contracts with contractors who have not (or their subcontractors have not) complied with E-Verify. 10 24 Appendix A Locations for Grounds Maintenance and Landscaping Services Request for Proposals Category 1 — Hillsborough-Efland Area Locations Building Name Address Main County Campus: - Orange County 106 East Margaret Lane, Courthouse and Hillsborough Justice Facilities Grounds. - Old Courthouse 104 E King St - Court Street/ Old 125 Court St Jail /Annex - District Attorney 144 E Margaret Ln office - Old Purchasing 129 East King St - Visitors Center 150 E King St - Link Center 200 S Cameron St - Board of Elections 208 S Cameron St - River Park (Please see map. Note: stormwater features and special stream restoration area present) West Campus: 137 West Margaret Lane - Orange County Library - Eno River Parking Nash and Kollock St Deck - West Campus 131 W Margaret Lane Office Building North Campus - Bonnie B. Davis 1020 US-70 W EAC - Parks Operations 1100 US-70 W Base - Detention Center 1200 US-70 W Whitted Center and 300/302 West Tryon Street Central Recreation Center Emergency Services 510 Meadowlands Dr Piedmont Food and 500 Valley Forge Road Agriculture Processing Passmore Senior Center 103 Meadowlands Drive 25 Asset Management 306 Revere Road Building Motor Pool Complex 600 NC-86 EMS Substation 209 Mt Willing Rd EMS Station 3800 US Hwy 70 Category 2 — Chapel Hill Area Locations Building Name Location Southern Human Services 2501/2551/2501 Center/ Seymour Senior Homestead Road, Chapel Center/ County Veterans Hill Memorial and Pond Animal Services Center 1601 Eubanks Road, Chapel Hill Rogers Road Community 101 Edgar Street Center Proposals may include Category 1, Category 2, or both groups. 26 GIS Aerial Images (areas outlined in red/orange are sites) MAIN COUNTY CAMPUS ;7 IT Ail Ae 1 RX J r,. Ql .K7d+. { f L 27 WEST CAMPUS a F 9i •f ��� idd a Y � i arc i r f B. i Trwq , f'I 'EFV,'n l nN I: � �% �.- 28 NORTH CAMPUS a ,r - 1, A 4 29 Whitted Center 300/302 W Tryon St _ .� 7. 1` k � _ I s �.Citi # �• '- .� • � � ��{. dl gin' N ST,Hi, 7 1 s lir to 30 Emergency Services 510 Meadowlands Dr _ f a 'NWL. ti ISS DR.. til, NC,9 ,• , 4- M �O 55 Ik- - 5 31 11 Valley Forge - sy y � 4. A• Vit` � .�•�, ..# e w� °' •RGE 9M1NC 32 1• Revere Road + 1 LNI i' r — ro (.-+moo. •`'1^ 33 103 Meadowland Dr IAIV IM - l IF 'r. ; i •�� g �� ' f, � r,_ •11 :• V ¢ � .s � k y, -- LINE OR • �. {f� 3•(11�.4/ F rr/� •f-v 1 X _ - 1 1Moo OR 1. I 1 pt, + _ 35 :11 US 70 J a�- 1 --i � s "`tel., �•� � -. ' �1 r' 36 CHAPEL HILL LOCATIONS 2502/2501/2551 Homestead Rd x � :., iWNW ........... { I V.4 !1 K, A4' 1 j ' }} I T9� r r 37 1601 Eubanks Rd may; s pP - = w s 38 101 Edgar St C _ ITT— Lu w 101EDGAR ST,CK\C'.21-516 P 39 Appendix B Business Informational Form All interested vendors submitting a bid for RFP#: 367-005440: Landscape and Grounds Maintenance Services at Orange County Facilities will be required to submit the Business Informational Form with their bid. The form should be completed by an individual who has the authority to enter the business into contract. OWNER AND BUSINESS INFORMATION Owner's Name: Legal Business or Trade Name: Business Address: Business Phone: Email Address: License Number: Federal I.D. No. We have been in Business for years. We have years' experience performing this work as required? Do you have the available personnel to perform this work as required? YES or NO Provide the name of the Project Manager from your company who will be working with the DEAPR representative should your company be selected. 40 ADDENDUM ACKNOWLEDGEMENT FORM Consultants must acknowledge receipt of addendums posted by Orange County before the RFP/RFQ deadline. Please initial for Addendums received. Addendum No 1 Addendum No 2 Addendum No 3 41 Section I: General Government and Administration Policy 10.0: Living Wage Contractor Policy Reviewed by: County Attorney/County Manager Approved by: County Manager Original Effective Date: April 21,2016 Revisions: August 1,2016 Policy Statement It is the policy of Orange County to ensure its employees, and all individuals who provide services for Orange County, are paid a living wage. Purpose To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a contract with Orange County. AU11licabili Applies to all Orange County contracts and purchases. Policy 10.1 Living Wage 10.1.1 Orange County is committed to providing its employees with a living wage and encourages all contractors and vendors doing business with Orange County to pursue the same goal. Orange County's living wage is as reflected in the adopted Orange County Budget and as that budget document is amended from time to time. To the extent possible, Orange County recommends that contractors and vendors seeking to do business with Orange County provide a living wage to their employees. 10.1.2 Prior to final execution of a contract with Orange County all contractors and vendors seeking to do business with Orange County shall submit to the County's representative a statement indicating whether those employees who will perform work on the Orange County contract are paid at least the living wage amount set out above. If such employees do not make at least the living wage amount set out above the contractor or vendor shall indicate in the statement,the actual amount paid to such employees. For bid projects this statement should be submitted as part of the bid packet. This policy may be reviewed annually and updated as needed by the Manager's Office Acknowledged Receipt by: Company Name: Date: 42 STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY ************************** I, (the individual attesting below), being duly authorized by and on behalf of (the entity bidding on project hereinafter"Employer") after first being duly sworn hereby swears or affirms as follows: 1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5). 2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES or b. NO 4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This day of 120 . Signature of Affiant Print or Type Name: State of North Carolina, County D Signed and sworn to (or affirmed) before me,this the o 0 day of , 20_. v Z My Commission Expires: v v' Ln rm Notary Public v 43 ORANGE COUNTY NONDISCRIMINATION CERTIFICATION The undersigned bidder or proposer hereby certifies and agrees that the following information is correct: 1. In preparing its enclosed bid or proposal, the undersigned bidder or proposer has considered all bids and proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in discrimination as defined in Section 12-52 of the Orange County Non-discrimination Ordinance. 2. Without limiting any other remedies that Orange County may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for Orange County to reject the bid or proposal submitted with this certification, and terminate any contract awarded based on such bid or proposal. It shall also subject the bidder or proposer to disqualification from participating in county contracts or bid processes for up to two years. 3. As a condition of contracting with Orange County, the undersigned bidder or proposer agrees to promptly provide to Orange County all information and documentation that may be requested by Orange County from time to time regarding the solicitation and selection of suppliers and subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information constitutes grounds for Orange County to reject the bid or proposal and to terminate, without penalty to Orange County, any contract awarded on such bid or proposal. All such information and documentation shall be maintained for a period of three years after the expiration of the contract. 4. As part of its bid or proposal, the undersigned bidder or proposer shall provide to Orange County a list of all instances within the past ten years where a complaint was filed or pending against bidder or proposer in a legal or administrative proceeding alleging that bidder or proposer discriminated against its subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. 5. As a condition of submitting a bid or proposal to Orange County the undersigned bidder or proposer agrees to comply with the Orange County Non-discrimination Ordinance. Falsification of this certification shall constitute a violation of the Orange 44 County Non-Discrimination Ordinance and shall be grounds for rejection of the bid or proposal or termination of an existing contract, without fault or further obligation to Orange County. 6. As a condition of submitting a bid or proposal to Orange County the undersigned bidder or proposer agrees that Orange County may consider the information submitted as part of this certification in its determination of the responsibility of the undersigned bidder or proposer. The undersigned bidder or proposer, as the case may be, waives the right to challenge the rejection of a bid or proposal when such rejection is based, in its entirety, on information submitted as part of this certification. The bidder or proposer certifies the undersigned has full authority to sign on its behalf. By: Printed Name and Title On behalf of Company or Corporate name 45 Supplemental Vendor Information: HISTORICALLY UNDERUTILIZED BUSINESSES Company Name: Date: Historically Underutilized Businesses (HUBs) consist of minority, women and disabled business firms that are at least fifty-one percent owned and operated by an individual(s)of the categories.Also included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled. Pursuant to G.S. 14313-1361(a), 143-48 and 143-128.4, the County invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. This includes utilizing subcontractors to perform the required functions in this RFP/RFQ. Any questions concerning NC HUB certification, contact the North Carolina Office of Historically Underutilized Businesses at (919) 807- 2330. The Vendor shall respond to question #1 and #2 below. 1) Is Vendor a Historically Underutilized Business? ❑ Yes ❑ No 2) Is Vendor Certified with North Carolina as a Historically Underutilized Business? ❑ Yes ❑ No If so, state HUB classification: 46 [Departmental Use Only] TITLE FY NORTH CAROLINA SERVICES AGREEMENT RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this day of , 20 , ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and , (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Services Agreement ("Agreement") is for services to be rendered by Provider to County with respect to (insert type of project): ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Revised 01/24 1 47 quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. 3. Basic Services a. Basic Services. Revised 01/24 2 48 i) The Provider shall perform as Basic Services the work and services described herein and as specified in the County's Request for Proposals or Request for Qualifications (the "RFP") "RFP Number for " " issued , 20 , and the Provider's proposal, which are fully incorporated and integrated herein by reference together with Attachments (designate all attachments). In the event a term or condition in any referenced document or attachment conflicts with a term or condition of this Agreement the term or condition in this Agreement shall control. Should such conflict arise the priority of documents shall be as follows: This Agreement, the County's RFP together with attachments, Provider's Proposal together with attachments. ii) The Basic Services will be performed by the Provider in accordance with the following schedule: (Insert milestones task list, dates and fees. If milestones are not established mark N/A under Milestone Task 1.) Milestone Task Milestone Date Milestone Fee 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. iii) Should County reasonably determine that Provider has not met the Milestone Dates established in Section 3(a)(ii), County shall notify Provider of the failure to meet the Milestone Date. The County, at its discretion may provide the Provider seven (7) days to cure the breach. County may withhold the accompanying payment without penalty until such time as Provider cures the breach. In the alternative, upon Provider's failure to meet any Milestone Date the County may modify the Milestone Date schedule. Should Provider or its representatives fail to cure the breach within seven (7) days, or fail to reasonably agree to such modified schedule, County may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Provider. This section shall not be interpreted to limit the definition of breach to the failure to meet Milestone Dates. 4. Duration of Services a. Term. The term of this Agreement shall be from to b. Scheduling of Services i) The Provider shall schedule and perform its activities in a timely manner so as to meet the Milestone Dates listed in Section 3. Revised 01/24 3 49 ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services is Dollars ($ ). In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Payment for Basic Services shall become due and payable in direct proportion to satisfactory services performed and work accomplished. Payments will be made as Project milestones as set out in Section 3(a)(ii) are achieved up to the corresponding milestone fee. (For example, Provider may invoice for the amount listed as the milestone fee corresponding to the first milestone task upon County's acknowledgement of the satisfactory completion of Task one. Upon the County's acknowledgement that the second Task has been satisfactorily completed Provider may invoice for that corresponding milestone fee.) Milestone fees shall be the maximum amount payable for its corresponding milestone task which shall not be altered except by written amendment. b. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated ( ) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php.) If Revised 01/24 4 50 County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all Revised 01/24 5 51 relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. c. Compliance with Laws. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each Orange County policy is incorporated herein by reference and may be viewed at hqp://www.oran ec�ountync. og v/departments/purchasing division/contracts.php.) Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Revised 01/24 6 52 Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Parry, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of a suit or action. e. Entire Agreement. This Agreement, together with the RFP and its attachments and the Proposal and its attachments, represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation and Government Action. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable or not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability or non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County's statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail,return receipt requested to the following: Revised 01/24 7 53 Orange County Provider's Name & Address Attention: P.O. Box 8181 Hillsborough,NC 27278 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: By: Printed Name and Title Revised 01/24 8 54 ORANGE COUNTY-INTERNAL USE ONLY Finance Information Vendor Name: Vendor Contact Person: Phone: Address: City State: Zip: Department: Amount: Purpose: Budget Code(s): Vendor# Vendor Status with NCSOS: Vendor is a BOCC consultant: ❑Yes ❑No Contract Details Contract Type: ❑New ❑Amendment(Original Contract: )(Most Recent Amendment ) Effective Date End Date Notice Date (Notice Purpose ) Award ❑Approved by Board(Agenda Date: Made or Administered by Signature Authority - ❑BOCC Express Delegation(Agenda Date: - Policy 9.4: ❑Under$5,000; ❑ Service Under$90,000; ❑ Construction Under$250,000 - ❑ Budget Policy Section XV(Capital Improvement Project: ) Bidding ❑ Informal Bidding($30k-$90k); ❑Formal RFP($90k+); ❑ Other(<$30k); ❑ Exception(#-----) Department Affirmation ❑ This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. ❑ This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed.Description of the nature of the emergency condition that was addressed: Department Director's Signature Date: Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: ❑Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards,specifications,and requirements: Office of the Risk Management Officer Date: Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer Date: Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney Date: Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board Date: Revised 01/24 9 55 1 Murray's Landscape Maintenance&Horticultural Services,LLC NC Landscape Contractors License: CL 1506 RRAY'S Blare Murray(Individual License) - 1963 MUNorth Carolina Pesticide Applicator License: 026-25127 Landscape Maintainence&Horticultural Services,LLC. Orange County Government Request for Proposal RFP#: 367-OC 5440 Dear Jovana Amaro, I am writing to express Murray's Landscape Maintenance & Horticultural Services' interest in providing landscape and grounds maintenance services for Orange County Government properties. As a locally owned company with over 24 years of experience in landscape management, we are confident in our ability to deliver the high-quality, professional services your facilities deserve. Since our founding in 2012, Murray's Landscape has built a strong reputation for exceptional service in the Triangle area, particularly through our work with large-scale properties such as the Orange County School System (12 multi-acre campuses) and the Chapel Hill-Carrboro City School System (19 multi-acre campuses). Our owner, Blake Murray, a graduate of NC State with a degree in Landscape Technology and Horticulture, Leads our team with deep expertise and a commitment to environmental stewardship. As a company, we are passionate about maintaining pristine, attractive, and well- maintained properties that reflect professionalism and enhance the local community. Murray's Landscape is uniquely positioned to manage the size and complexity of Orange County Government properties, thanks to our experience in handling similar projects and our dedication to providing tailored, high-quality service. What sets Murray's apart from other service providers is our deep connection to the community and commitment to exceptional customer service. Based in Orange County, we pride ourselves on our local footprint, with over 75% of our employees residing here. Our team's longstanding commitment to this region strengthens our service, as we Leverage local vendors for equipment, supplies, and maintenance. Moreover, our flexible organization allows us to adapt quickly to changing needs, ensuring that we can manage workloads efficiently and accommodate any unforeseen challenges. We are also committed to employee satisfaction, offering competitive compensation, above living wage, to retain skilled and experienced staff. Over 90% of our team has been with us for more than five years, which speaks to our dedication to fostering a positive work environment.This stability allows us to consistently meet client expectations and maintain high-quality standards year-round. At Murray's, we are excited about the opportunity to partner with Orange County Facilities. Our motto, "Southern Service, Professional Results," reflects our ongoing commitment to quality and customer satisfaction. We are confident that our strategic approach, local Southern Service) Professional r ♦ 56 1 Murray's Landscape Maintenance&Horticultural Services,LLC NC Landscape Contractors License: CL 1506 RRAY'S Blare Murray(Individual License) - 1963 MUNorth Carolina Pesticide Applicator License: 026-25127 Landscape Maintainence&Horticultural Services,LLC. expertise, and dedicated team will make a meaningful difference in maintaining your properties and enhancing their overall appeal. Thank you for considering Murray's Landscape Maintenance for this important project. I look forward to the opportunity to discuss how we can contribute to the continued success of Orange County Government properties. Sincerely, Blake Murray Owner Murray's Landscape Maintenance & Horticultural Services 919-795-9885 Southern1 1 murraystandscapeservices.com . 27705 57 1 Murray's Landscape Maintenance&Horticultural Services,LLC NC Landscape Contractors License: CL 1506 RRAY'S Blare Murray(Individual License) - 1963 MUNorth Carolina Pesticide Applicator License: 026-25127 Landscape Maintainence&Horticultural Services,LLC. Project Organization Overview Murray's Landscaping, led by Blake Murray, proposes an organizational and operational structure designed to ensure the successful and timely completion of the full scope of landscape and grounds maintenance services for Orange County facilities. The key to our success will be our clear team structure, efficient management practices, and contingency strategies designed to mitigate weather delays, scheduling conflicts, and unexpected challenges. Team Structure Our service teams will be organized by location to ensure each facility receives focused, on-the-ground attention, while maintaining flexibility for the efficient allocation of resources as needed. Account/Project Manager: Blake Murray(Owner) As the owner of the company and the dedicated Account Manager, Blake Murray will oversee all operations. He will serve as the primary point of contact for Orange County and will be responsible for high-level coordination, communication, and ensuring the overall satisfaction of the client. Blake will also be involved in strategic decision-making and provide managerial oversight to all crews. • Responsibilities: o Client communication and relationship management. o Coordinating the schedule and overseeing operations. o Reporting on progress and completion milestones to the county. Hillsborough/Efland Crew: This crew will service the Hillsborough and Efland locations and will be managed by Fredis Media Castro,who will serve as the on-site contact. This team will consist of three skilled maintenance workers. They will handle regular maintenance, landscaping, and groundskeeping services at these sites. • Crew Leader: Fredis Media Castro Fredis will act as the direct liaison between the crew and the Account Manager, ensuring clear communication regarding the scope of work, site-specific needs, and any issues that arise. Southern1 1 murraystandscapeservices.com . 27705 ♦ 58 1 Murray's Landscape Maintenance&Horticultural Services,LLC NC Landscape Contractors License: CL 1506 RRAY'S Blare Murray(Individual License) - 1963 MUNorth Carolina Pesticide Applicator License: 026-25127 Landscape Maintainence&Horticultural Services,LLC. • Responsibilities: • Leading and managing the crew at HiIts borough/Efland locations. • Ensuring all grounds maintenance tasks are completed to a high standard. • Reporting on crew performance and site status to Blake Murray. Chapel Hill Crew: This crew will focus on the Chapel Hill locations and will be managed by Victor Portilla, who will be the on-site contact for these facilities. Like the Hillsborough/Efland crew, the Chapel Hill team will consist of three members, all skilled in landscape and grounds maintenance. • Crew Leader:Victor Portilla Victor will ensure the Chapel Hill locations are maintained efficiently and according to the agreed-upon scope of work. He will communicate with Blake Murray and ensure all operational objectives are met. o Responsibilities: • Leading and managing the crew at Chapel Hill locations. • Ensuring all grounds maintenance tasks are completed to a high standard. • Reporting on crew performance and site status to Blake Murray. Contingency Plans While we have structured our team to be highly efficient, we also understand the importance of having contingency plans in place to account for unforeseen challenges, such as weather delays, crew availability issues, or scheduling conflicts. Our approach ensures that even in the face of these challenges, we can stay on track and deliver quality service to the Orange County facilities. 1. Combining Crews to Accelerate Completion Timelines: If any location falls behind schedule due to weather or other delays, we can combine both the Hillsborough/Efland and Chapel Hill crews to accelerate the pace of work. By deploying additional workers, we can ensure that all required tasks are completed within the expected time frame, even when challenges arise. Southern1 1 murraystandscapeservices.com . 27705 a� 59 Murray's Landscape Maintenance&Horticultural Services,LLC NC Landscape Contractors License: CL1506 MURRAY'S Blake Murray (Individual License) - 1963 North Carolina Pesticide Applicator License: 026-25127 Landscape Maintainence&Horticultural Services,LLC. • Crew leaders (Fredis and Victor) will coordinate closely to determine the most efficient method for merging crews based on location proximity and required tasks. • Blake Murray will oversee the coordination and ensure that combined efforts are directed towards meeting project deadlines. 2. Dividing Tasks Evenly Between Crews for Efficiency: When faced with multiple Large tasks across different locations, we can divide responsibilities between crews, ensuring that each team works in parallel on separate tasks. This ensures that no crew becomes overburdened and that tasks are completed on time. • Fredis and Victor will assign specific tasks to their teams to maximize efficiency, such as mowing, trimming, or waste removal. 3. Leveraging Additional Staff and Backup Equipment: If additional manpower or equipment is required to meet deadlines, we will have a pool of backup staff and equipment available to deploy on short notice. This allows us to maintain high service standards and ensure that the facilities receive timely and consistent maintenance. • We will maintain a list of trained backup staff who can step in if a crew member is unavailable or if we need to meet an urgent deadline. • Backup equipment, such as mowers, trimmers, or trucks, will be readily accessible, ensuring that there are no delays due to equipment failures or shortages. Operational Coordination To ensure smooth communication and coordination across crews, Blake Murray(the Account Manager)will oversee the scheduling, management, and reporting process: 1. Scheduling: • Blake will coordinate weekly schedules with both crew leaders, ensuring the right personnel and equipment are assigned to the right sites. • He will monitor and adjust schedules as needed to accommodate weather conditions or unexpected issues. 2. Reporting: • Crew leaders (Fredis and Victor)will submit weekly progress reports to Blake Murray, documenting completed tasks, any challenges faced, and upcoming maintenance needs. Southern1 1 murraystandscapeservices.com . 27705 ♦ 60 1 Murray's Landscape Maintenance&Horticultural Services,LLC NC Landscape Contractors License: CL 1506 RRAY'S Blare Murray(Individual License) - 1963 MUNorth Carolina Pesticide Applicator License: 026-25127 Landscape Maintainence&Horticultural Services,LLC. Technical Approach At Murray's Landscape Maintenance & Horticultural Services, we are dedicated to providing exceptional service and outstanding results on everyjob. Our slogan, "Southern Service, Professional Results," reflects our commitment to quality and customer satisfaction. In managing the maintenance of Orange County government properties, we will provide comprehensive, professional services that not only meet but exceed expectations. Our goal is to maintain a pristine and attractive environment at all properties throughout the year. Below, we outline the specific strategies we will employ to achieve these objectives: Mowing Practices Maintaining healthy, well-kept turf is a priority. To achieve this, we will perform 36-40 mowing sessions per property annually, ensuring that the grass is consistently trimmed and well-manicured. We recognize that certain areas may require more frequent attention, particularly high-traffic zones or areas with heavy public usage. As a result, we will adjust the mowing schedule as necessary to ensure all areas remain pristine and in optimal condition. In addition, to minimize potential damage and improve efficiency, all mowers will be equipped with chute blockers. This equipment prevents grass clippings from being discharged onto non-grassy areas, reducing the risk of damage to sidewalks, roadways, and structures. It also ensures thorough cleanup and promotes a more efficient mowing process. For areas that experience frequent public activity(such as during community events like Hog Day), we will utilize turf growth regulators. These specialized plant hormones help to control shoot growth without harming the overall health of the turf. By slowing growth in these areas, we can maintain an uninterrupted service schedule and preserve the appearance of the lawn, even during peak usage times. Agricultural Technology and Weed Control We take a proactive approach to controlling weeds and promoting healthy landscapes. In late February, we will apply granular pre-emergent herbicide to the landscape beds to prevent weed growth for up to six months. This preventative measure ensures that the beds remain weed-free, allowing our team to focus on other essential tasks, particularly during the busy spring and summer seasons. Southern1 1 murraystandscapeservices.com . 27705 ♦ 61 1 Murray's Landscape Maintenance&Horticultural Services,LLC NC Landscape Contractors License: CL 1506 RRAY'S Blare Murray(Individual License) - 1963 MUNorth Carolina Pesticide Applicator License: 026-25127 Landscape Maintainence&Horticultural Services,LLC. In addition to pre-emergent treatments, our weed management program includes mechanical removal of weeds, as well as the application of natural herbicides to address any weeds that may emerge. We are committed to environmentally responsible practices and will never use Roundup or any other glyphosate-based herbicides when services Orange County government properties. Our focus will be on using safe, sustainable alternatives that minimize environmental impact while ensuring effective weed control. Plant Pruning Our pruning approach is designed to prioritize the health and longevity of the plants.We follow a health-focused pruning methodology, which involves removing dead, diseased, or damaged branches to promote healthy growth and prevent the spread of plant diseases. Pruning will be tailored to the specific species of plants and the unique growing conditions of each site. For high-traffic areas, where more frequent control is needed, we may also apply growth regulators to ensure the plants maintain a manageable size and shape. Under typical growth conditions, we will perform hedge pruning three to four times annually to ensure that shrubs and hedges retain their neat, tidy appearance and do not become overgrown. However, additional pruning sessions may be scheduled if necessary to maintain the desired aesthetics and health of the plants. Mulch Application To enhance the aesthetic appeal of plant beds while providing essential moisture retention, we will apply a two-inch layer of mulch to all applicable areas each February. This mulch application not only helps to conserve water but also helps to suppress weed growth by blocking sunlight from reaching weed seeds. Simultaneously, we will apply a bed pre-emergent herbicide to prevent weeds from sprouting and ensure that the beds remain tidy and healthy throughout the spring and summer months. This dual approach of mulching and pre-emergent treatment will create a healthier environment for plants while reducing the need for frequent weeding. These strategic methods are part of Murray's Landscape Maintenance & Horticultural Services' ongoing commitment to quality and professionalism in maintaining the properties of Orange County government. By implementing these detailed strategies, we ensure that each property is maintained to the highest standards, creating a visually appealing and sustainable landscape that residents and visitors can enjoy year-round. Southem Service) ' ♦ 62 1 Murray's Landscape Maintenance&Horticultural Services,LLC NC Landscape Contractors License: CL 1506 RRAY'S Blare Murray(Individual License) - 1963 MUNorth Carolina Pesticide Applicator License: 026-25127 Landscape Maintainence&Horticultural Services,LLC. Experience& Qualifications Murray's Landscape Maintenance & Horticultural Services, a trusted name in landscape care for over 12 years, has developed a robust track record in both residential and commercial sectors. Initially founded as a small residential landscape maintenance company, we have since expanded our portfolio to include large commercial properties, high-need Homeowners Associations (HOAs), and full-scale landscape installation projects. Under the leadership of owner Blake Murray, who has 24 years of hands-on industry experience, we have gained invaluable expertise in managing large-scale landscape operations. Blake's career began as a laborer and crew leader, eventually transitioning into account management for national landscape companies before founding Murray's in 2012. This wealth of experience, coupled with our dedicated team, ensures that we can deliver exceptional results for properties of any size and complexity. Our proven capabilities are evident in our ongoing work with high-profile clients, including the maintenance of 12 multi-acre campuses for the Orange County School System and 19 multi-acre campuses for the Chapel Hill-Carrboro City School System. These projects demonstrate our ability to handle extensive landscape maintenance contracts, making us an ideal partner for managing the diverse needs of Orange County Government properties. With our experience and commitment to excellence, Murray's Landscape Maintenance & Horticultural Services is fully prepared to meet the demands of maintaining Orange County's government properties with precision, care, and reliability. Certifications & Professional Licenses: • NC Registered Landscape Contractor: o Individual License - NCLC1963 o Corporate License - CL1506 • Licensed Pesticide Applicator: o License Number- 026-25127 • Storm Water SCM Inspection & Maintenance Professional: o Certification Number- 4946 Southern1 1 murraystandscapeservices.com . 27705 ♦ 63 1 Murray's Landscape Maintenance&Horticultural Services,LLC NC Landscape Contractors License: CL 1506 RRAY'S Blare Murray(Individual License) - 1963 MUNorth Carolina Pesticide Applicator License: 026-25127 Landscape Maintainence&Horticultural Services,LLC. References: COMPANY NAME CONTACT NAME TELEPHONE NUMBER Orange County Schools Henry McKee 336-212-2401 Chapel Hill/Carrboro City David Contreras 951-966-2511 Schools Regency/White Star Cleaners Mike Foley 919-225-3380 Southem Service, Professionaf ' blake@murrayslandscapeservices.com27705 .. a� 64 Murray's Landscape Maintenance&Horticultural Services,LLC NC Landscape Contractors License: CL 1506 RBlakeMUR ��)� Murray(Individual License) - 1963 North Carolina Pesticide Applicator License: 026-25127 Landscape Maintainence&Horticultural Services,LLC. Total Cost for Proposed Services for Hillsborough-EfLand Area Locations (Category 1): Included Services: Mowing, Shrub Pruning, Weed Management, Leaf Removal, Mulching, Trash Removal, &Winter Services as specified. Location Monthly Cost Annual Cost Main Campus $1,425.00 $17,100.00 - Mowing: $14,000/yr - Mulch: $1,000/yr - Pruning: $2,100/yr Orange County West Campus $150.00 $1,800.00 - Mowing: $500/yr - Mulch: $800/yr - Pruning: $500/yr Orange County North Campus $1,425.00 $17,100.00 - Mowing: $15,000/yr - Mulch: $1,000/yr - Pruning: $1,100/yr Whitted Center/Central Recreation Center $1,187.50 $14,250.00 - Mowing: $11,000/yr - Mulch: $1,000/yr - Pruning: $2,250/yr Emergency Services Center $666.67 $8,000.04 - Mowing: $6,000/yr - Mulch: $1,000/yr - Pruning: $8000/yr Piedmont Food and Agricultural $250.00 $3,000.00 Processing Center - Mowing: $3,000/yr - Mulch: $0/yr - Pruning: $0/yr Passmore Senior Center $250.00 $3,000.00 - Mowing: $2,000/yr - Mulch: $0/yr - Pruning: $1,000/yr Southern1 1 murraystandscapeservices.com . 27705 ♦ 65 1 Murray's Landscape Maintenance&Horticultural Services,LLC NC Landscape Contractors License: CL 1506 RRAY'S Blare Murray(Individual License) - 1963 MUNorth Carolina Pesticide Applicator License: 026-25127 Landscape Maintainence&Horticultural Services,LLC. Asset Management Center $333.33 $3,999.96 - Mowing: $3,000/yr - Mulch: $0/yr - Pruning: $1,000/yr Motor Pool Complex $1,000.00 $12,000.00 - Mowing: $12,000/yr - Mulch: $0/yr - Pruning: $0/yr EMS Substation-209 Mt.Willing Rd $250.00 $3,000.00 - Mowing: $3,000/yr - Mulch: $0/yr - Pruning: $0/yr EMS Substation-3800 US 70 $433.33 $5,199.96 - Mowing: $4,000/yr - Mulch: $1,000/yr - Pruning: $200/yr TOTALS for Category 1: - Monthly: $7,370.83 - Annually: $88,449.96 Southem Service, Professionaf ' blake@murrayslandscapeservices.com27705 .. a� 66 Murray's Landscape Maintenance&Horticultural Services,LLC NC Landscape Contractors License: CL 1506 RBlakeMUR ��)� Murray(Individual License) - 1963 North Carolina Pesticide Applicator License: 026-25127 Landscape Maintainence&Horticultural Services,LLC. Total Cost for Proposed Services for Chapel Hill Area Locations (Category 2): Included Services: Mowing, Shrub Pruning,Weed Management, Leaf Removal, Mulching, Trash Removal, &Winter Services as specified. Location Monthly Cost Annual Cost Southern Human Services $1,425.00 $17,100.00 Center/Seymour Senior Center - Mowing: $14,000/yr - Mulch: $1,000/yr - Pruning: $2,100/yr Animal Services Center $666.67 $8,000.04 - Mowing: $6,000/yr - Mulch: $1,000/yr - Pruning: $1,000/yr Rogers Road Community Center $250.00 $3,000.00 - Mowing: $2,000/yr - Mulch: $500/yr - Pruning: $500/yr TOTALS for Category 2: - Monthly: $2,341.67 - Annually: $28,100.04 Southem Service, Professionaf ' • • 27705 .. 67 SUBMIT WIT11 PRnPOSAL Appendix B Business Informational Form All interested vendors submitting a bid for RFP#: 367-005440: Landscape and Grounds Maintenance Services at Orange County Facilities will be required to submit the Business Informational Form with their bid. The form should be completed by an individual who has the authority to enter the business into contract. OWNER AND BUSINESS INFORMATION Owners Name: R 'y-e. X11 uLrrn.I Legal Business or Trade Name: (�flurr�vs I.�nc�scn ae I�la;c�fer�an(� t lc�l�rz�l $�rncls, LLC. Business Address: AS ►S &rgk­,atLf\ D6-JQ,- Dur",A r.1 a-7 70 r Business Phone: 91 q- 7 9 s- 92E S- Email Address: b� o•ke. @ mLxcv-kyS Iar)Jjcc,0e-Sc,4,y es License Number: C1. 1S0(" Federal l.D. No. HSq78Sk We have been in Business for years. We have � ), —years' experience performing this work as required? Do you have the available personnel to perform this work as required?(a or NO Provide the name of the Project Manager from your company who will be working with the DEAPR representative should your company be selected. ,91 u kQ 68 SUBMIT WITH PROPOSAL. ADDENDUM ACKNOWLEDGEMENT FORM Consultants must acknowledge receipt of addendums posted by Orange County before the RFP/RFQ deadline. Please initial for Addendums received. Addendum No 1 Addendum No 2 \� Addendum No 3 T`� 69 SUBMIT WITH PROPOSAL Section l: General Government and Administration Policy 10.0: Living Wage Contractor Policy Reviewed by: County Attorney/County Manager Approved by: County Manager Original Effective Date: April 21,2016 Revisions: August I,2016 Polis Statement It is the policy of Orange County to ensure its employees, and all individuals who provide services for Orange County,are paid a living wage. EULUM To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a contract with Orange County. Apnlicabilih� Applies to all Orange County contracts and purchases. Policy. 10.1 Living Wage 10.1.1 Orange County is committed to providing its employees with a living wage and encourages all contractors and vendors doing business with Orange County to pursue the same goal. Orange County's living wage is as reflected in the adopted Orange County Budget and as that budget document is amended from time to time. To the extent possible,Orange County recommends that contractors and vendors seeking to do business with Orange County provide a living wage to their employees. 10.1.2 Prior to final execution of a contract with Orange County all contractors and vendors seekingto do business with Orange County shall submit to the County's representative a statement indicating whether those employees who will perform work on the Orange County contract are paid at least the living wage amount set out above. If such employees do not make at least the living wage amount set out above the contractor or vendor shall indicate in the statement, the actual amount paid to such employees. For bid projects this statement should be submitted as part of the bid packet. This policy may be reviewed annually and updated as needed by the Manager's Office Acknowledged Receipt by: L\o.Ke Company Name: M%)r`c�s,t s LwAA L a Antc t Ncr 1:, ,4y- k Sea\r;aI-LC Date: tt I 7 J .20 1c-I SUBMIT WITH PROPOSAL 70 STATE OF NORTH CAROLINA ORANGE COUNTY AFFIDAVIT ##kkk###!!f'lffff!lffffffff I'—4���L\� ►v\\�` �• l \� (the individual alimting brluw),being rluly authorirpd by and on behalf of `�(1he entity bidding on prole(t hereinafter"Employer")aftor first being duly sworn hereby swears or afflr%as follows: 1• Employer understands that L-Verify Is the federal E-Verify program operated by the United State, Department of Homeland Security and other federal agencies,or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS§64-25(5)• 2. Employer understands that Employers Must Use E-Verify. Each employer,after hiring an employee to work in the United States,shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person,business entity,or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES b. NO:E1 4. Employer's subcontractors comply with E-Verify,and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This rday of V'14 J bf C 20:��' ,1 Signature of A rant (1 Print or Type Name: State of North Caroli n Lb&rounty v. C o Signed and sworn to(or affirmed) before me,this theZ 3D O Z L� -4D day of I�IabCne.— ,20�� m n M O Zc-ov My Commission Expires: a Z P G) �f7 t -N ry,P11 rli A 71 SUBMIT WITH PROPOSAL ORANGE COUNTY NONDISCRIMINATION CERTIFICATION The undersigned bidder or proposer hereby certifies and agrees that the following information is correct: 1. In preparing its enclosed bid or proposal, the undersigned bidder or proposer has considered all bids and proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in discrimination as defined in Section 12-52 of the Orange County Non-discrimination Ordinance. 2. Without limiting any other remedies that Orange County may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for Orange County to reject the bid or proposal submitted with this certification, and terminate any contract awarded based on such bid or proposal. It shall also subject the bidder or proposer to disqualification from participating in county contracts or bid processes for up to two years. 3. As a condition of contracting with Orange County, the undersigned bidder or proposer agrees to promptly provide to Orange County all information and documentation that may be requested by Orange County from time to time regarding the solicitation and selection of suppliers and subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information constitutes grounds for Orange County to reject the bid or proposal and to terminate, without penalty to Orange County, any contract awarded on such bid or proposal. All such information and documentation shall be maintained for a period of three years after the expiration of the contract. 4. As part of its bid or proposal, the undersigned bidder or proposer shall provide to Orange County a list of all instances within the past ten years where a complaint was filed or pending against bidder or proposer in a legal or administrative proceeding alleging that bidder or proposer discriminated against its subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. 5. As a condition of submitting a bid or proposal to Orange County the undersigned bidder or proposer agrees to comply with the Orange County Non-discrimination Ordinance. Falsification of this certification shall constitute a violation of the Orange 72 County Non-Discrimination Ordinance and shall be grounds for rejection of the bid or proposal or termination of an existing contract, without fault or further obligation to Orange County. G. As a condition of submitting a bid or proposal to Orange County the undersigned bidder or proposer agrees that Orange County may consider the information submitted as part of this certification in its determination of the responsibility of the undersigned bidder or proposer. The undersigned bidder or proposer, as the case may be, waives the right to challenge the rejection of a bid or proposal when such rejection is based, in its entirety, on information submitted as part of this certification. The bidder or proposer certifies the undersigned has full authority to sign on its behalf. By: %4, �\0,4-e. Printed Name and Title On behalf of MvMi,,i s „ZI SCAM. N1c�n�tnnr�c� Company or Corporate name 73 SUBMIT WITH PROPOSAL Supplemental Vendor Information: HISTORICALLY UNDERUTILIZED BUSINESSES Company Name: My c r&'I. L& ASu'A Mn nttn&Xc.L} Date: I1 1,7 ?`1 <e-10-US, LLC_ Historically Underutilized Businesses (HUBS) consist of minority, women and disabled business firms that are at least fifty-one percent owned and operated by an individual(s)of the categories. Also included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled. Pursuant to G.S. 14313-1361(a), 143-48 and 143-128.4, the County invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. This includes utilizing subcontractors to perform the required functions in this RFP/RFQ. Any questions concerning NC HUB certification, contact the North Carolina Office of Historically Underutilized Businesses at (919) 807- 2330. The Vendor shall respond to question#1 and#2 below. 1) Is Vendor a Historically Underutilized Business? i Yes ❑ No 2) Is Vendor Certified with North Carolina as a Historically Underutilized Business? ❑ Yes [/No If so. state HUB classification: