Grounds_Maintenance_Chemicals_and_Seeds.pdf

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Grounds Maintenance Chemicals and Seeds
Solicitation number
2023-RFB-0171
Issued by
Sacramento County, California

About this file

This is a Request for Bid (RFB #2023-RFB-0171) issued by Sacramento County, California, seeking to establish a county-wide contract for grounds maintenance chemicals and seeds. The contract will primarily serve the Department of Transportation, Department of Water Resources, Department of Airports, Department of Parks and Recreation, and Regional Parks' Golf Courses. The initial contract term is one year with the County reserving the right for two additional one-year renewals. The bid was released on May 8, 2023, with a deadline for questions on May 29, 2023, and a response deadline of June 1, 2023, at 3:30 pm. Responses must be submitted electronically through the ProcureNow platform.

The procurement covers a comprehensive range of grounds maintenance products, including herbicides, pesticides, insecticides, fertilizers, and seeds, with estimated annual expenditures of approximately $435,000. The pricing table includes 80 line items with varying quantities, ranging from 4 gallons of specific chemicals to 25,000 pounds of fertilizer and seed mixes. For agricultural classified pesticide sales, vendors must be licensed pesticide dealers in California, and all herbicides, pesticides, and insecticides must be EPA registered. The County requires contractors to take back products within 12 months if they are no longer needed, with no restocking charges. Bidders are expected to provide firm unit prices for the first year, with potential price adjustments in subsequent years based on manufacturers' suggested retail prices.

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REQUEST FOR BID

2023-RFB-0171

GROUNDS MAINTENANCE CHEMICALS AND SEEDS

County of Sacramento

9660 Ecology Lane

Sacramento, CA 95827

RELEASE DATE: May 8, 2023

DEADLINE FOR QUESTIONS: May 29, 2023

RESPONSE DEADLINE: June 1, 2023, 3:30 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/saccounty https://secure.procurenow.com/portal/%7bproject.government.code%7d

County of Sacramento

REQUEST FOR BID

Grounds Maintenance Chemicals and Seeds

I. Definitions II. Introduction

III. Bidder's Instructions IV. Basis for Award V. Project Details

VI. Vendor Submissions VII. Pricing Table

VIII. Sacramento County Standard Terms and conditions IX. Additional Terms and Conditions X. Environmental Purchasing Policy

XI. Insurance Requirements for Contractors

Attachments:

A - Appendix A-California Restricted Materials Requirements

B - Appendix B- Vehicles Transporting Hazardous Materials

Request for Bid #2023-RFB-0171 Title: Grounds Maintenance Chemicals and Seeds

1. DEFINITIONS

Response: The written, signed and sealed complete document(s) submitted according to the bid instructions. Response does not include any verbal or documentary interaction apart from submittal of a formal Response.

Request/Proposal/Bid: The completed and released solicitation document, including all subsequent addenda, made publicly available to all prospective bidders.

We/Us/Our:Terms that refer to the County of Sacramento, a duly organized public entity. They may also be used as pronouns for various subsets of the County organization, including, as the context will indicate:

• Purchasing - the Contracts and Purchasing Services Division of the Department of General

Services.

• Department/Division – The department or division requesting the goods or services contained in this request, for which this bid is prepared and which will be the end user of the requested goods or services.

• Constituency – the client base or County population which may benefit from the procurement of goods and/or services requested herein.

You/Your: Terms that refer to businesses/individuals submitting a response. The term may apply differently as the context will indicate.

• Supplier - A business entity engaged in the business of providing goods, equipment and/or services.

• Bidder - A business entity submitting a Response to this bid. Suppliers which may express interest in this bid, but who do not submit a Response, have no obligations with respect to the bid requirements.

• Contractor - The Bidder(s) whose Response to this bid is evaluated as meeting the needs of the

County. Contractor(s) will be selected for award, and will enter into a contract(s) for provision of the services described in this bid.

• Contractor’s Employee - All persons who can be offered to provide the goods, equipment and/or services described in the bid. All employees of the Contractor shall be covered by the insurance programs normally provided to persons employed by a company (ex: Worker’s Comp, SDI, etc.).

Mandatory: A required element of this request/proposal/bid. Failure to satisfy any element of this request/proposal/bid defined as “mandatory” will disqualify the particular response.

Default: A failure to act as required by any contract resulting from this request, which may trigger the right to sue or may excuse the other party's obligation to perform under the contract.

Cancellation/Termination: A unilateral or mutual decision to not complete an exchange or perform an obligation under any contract resulting from this request.

“Or Equal”: A statement used for reference to indicate the character or quality desired in a requested product or service. When specified in a bid document, equal items will be considered, provided the response clearly describes the article. Offers of equal items must state the brand and number, or level of quality. When brand, number, or level of quality is not stated by bidder, the offer will be considered exactly as specified. The determination of the Purchasing Agent as to what items are equal is final and conclusive.

2. INTRODUCTION

2.1. Summary

General work description: The County of Sacramento is seeking to establish a County-wide contract for

Grounds Maintenance Chemicals and Seeds used primarily by the Department of Transportation, Department of Water Resources, Department of Airports, Department of Parks and Recreation, and the

Regional Parks’ Golf Courses.

2.2. Background

This Request for Bid will establish contract(s) for the County of Sacramento’s annual requirements for grounds maintenance chemicals that include herbicides, pesticides, insecticides, fertilizers, and seeds.

The contract(s) shall be for an initial one (1) year term with the County reserving the right for four (4) additional one (1) year renewals at the County’s discretion. Annual renewal(s) will be at the County’s option, subject to the same terms, conditions, favorable prices, and upon mutual agreement between the Contractor and the County. Orders will be placed on an “as needed” basis during the contract period. Departments include Airports, Regional Parks – including Ancil Hoffman Golf Course, Transportation, and Water Resources. Recent annual expenditures have averaged approximately

$435,000 per year.

2.3. Contact Information

Zachary Mello`

Senior Contract Services Officer

9660 Ecology Lane

California, CA 95827

Email: melloz@saccounty.gov

Phone: (916) 875-6104

Department:

DGS: CAPSD - Procurement

Department Head:

Craig Rader

Purchasing Agent

2.4. Timeline

Release Project Date May 8, 2023

Question Submission Deadline May 29, 2023, 5:00pm

Addendum Issued (if necessary) May 30, 2023, 5:00pm mailto:melloz@saccounty.gov tel:(916)875-6104

Submission Deadline June 1, 2023, 3:30pm

Award Contract June 9, 2023

3. BIDDER'S INSTRUCTIONS

3.1. General Format

Respond to all requests for information and completion of forms contained in this Request for Bid. A qualifying response must address all items. Brochures and advertisements will not be considered a complete reply to requests for information and will not be accepted as such. Bidder is solely responsible for accuracy and completeness of bid response and for electronically separating and marking documents as confidential when submitting their response through SacCountyEbids. Responses considered incomplete may be rejected.

3.2. Alteration of Bid Text

The original text of this bid document, as well as any attachments, amendments or other official correspondence related to this bid document, may not be manually, electronically or otherwise altered by bidder or bidder’s agent(s). Any response containing altered, deleted, additional or otherwise non-original text will be disqualified.

3.3. Preparation of Response

A. All responses must be signed by an authorized officer or employee of the responder.

B. Responses must be submitted prior to the specified date and time, using the Sacramento

County’s Electronic Bidding website (SacCountyEbids). Responses delivered by hand, fax, telephone, e-mail, or any postal carrier will not be accepted. If bidder uploads a file to

SacCountyEbids, it is bidder responsibility to ensure the file is not corrupt or damaged. If County is unable to open an attachment because it is damaged, corrupt, infected, etc., it may disqualify bidder’s submission. See this training guide for guidance entering your online response.

C. Time of delivery must be stated as the number of calendar days following receipt of the order by the bidder to receipt of the goods or services by the County.

D. Time of delivery may be a consideration in the award.

E. Prices will be considered as net if no cash discount is offered. If a discrepancy between the unit price and the item total exists, the unit price prevails.

F. Shipping Terms: F.O.B. Destination, freight prepaid and added; Payment Terms: NET/30.

3.4. Confidential Information/Public Record

All responses become property of the County. All responses, including the accepted bid and any subsequent contract, become public records per the requirements of the California Government Code, Sections 6250 -6270, “California Public Records Act”. Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not considered proprietary information.

The County will treat all information submitted in a bid as available for public inspection once the

County has selected a contractor. If you believe that you have a legally justifiable basis under the

California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any https://secure.procurenow.com/portal/saccounty https://secure.procurenow.com/portal/saccounty https://secure.procurenow.com/portal/saccounty http://help.procurenow.com/en/articles/5815468-opengov-procurement-vendor-training information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid, and present such information separately as part of your response.

The final determination as to whether the County will assert your claim of confidentiality on your behalf shall be at the sole discretion of the County. If the County makes a determination that your information does not meet the criteria for confidentiality, you will be notified as such. Any information deemed to be non-confidential shall be considered public record.

4. BASIS FOR AWARD

Award will be made to the bidder whose offer provides the greatest value, in our view, to the County from the standpoint of suitability to purpose, quality, service, previous experience, life cycle, cost, ability to deliver, or for other reasons deemed by Purchasing to be in the best interest of the County.

Public Bid Opening: As soon as possible after the date and time specified by the Request for Bid, pricing information will made public to all bidders. The responses will remain sealed during the bid evaluation period, and will be made available for public inspection upon notice of bid award.

This bid award will be determined by lowest responsive and responsible bidder(s). Bid responses will be considered valid for a period of 180 calendar days after bid closing date above. The County reserves the right to award multiple contracts as a result of this Request for Bid.

Note: All specifications, terms and conditions of this request will apply to any resulting order.

5. PROJECT DETAILS

5.1. Important Instructions for Electronic Submittal

The County is accepting electronic bid submissions. Bidders shall create a FREE account with

ProcureNow by signing up at https://secure.procurenow.com/signup. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid.

5.2. Scope of Work or Project Details

The Request for Bid is to establish contract(s) for the County of Sacramento’s annual requirements for grounds maintenance chemicals that include herbicides, pesticides, insecticides, fertilizers, and seeds.

The contract(s) shall be for an initial one (1) year term with the County reserving the right for two (2) additional one (1) year renewals at the County’s discretion. Annual renewal(s) will be at the County’s option, subject to the same terms, conditions, favorable prices, and upon mutual agreement between the Contractor and the County. Orders will be placed on an “as needed” basis during the contract period. Departments include Airports, Regional Parks – including Ancil Hoffman Golf Course, Transportation, and Water Resources. Recent annual expenditures have averaged approximately

$435,000 per year. For agricultural classified pesticide sales, vendor must be a licensed pesticide dealer in the State of California. All herbicides, pesticides and insecticides must be EPA registered.

Contractors will be required to take products back within a 12-month period, if County departments have determined that certain products they ordered are no longer needed for their operations. No restocking charges shall apply to those County departments. In such circumstances, those department(s) will pay the freight charges to return those items. Thus, contractors shall only ship products with a long shelf-life to the County.

Alternate Brands: Brands referenced are for descriptive purposes only. Products of comparable quality and performance will be considered. Please cite in your response the brand you are bidding. Samples of

“Alternate Brand” products may be required. The active ingredient lists and product labels of “Alternate

Brand” products are to be made available upon request.

Literature: Do not include literature showing product specifications with your bid. However, product specifications shall be made available upon request if questions arise during bid evaluation or ordering.

Unit Prices: Your unit prices shall be “firm” for the first year of the contract. Additionally, your unit prices shall include the price of the product, delivery, palletizing and pallets, fees and taxes, except sales tax. Moreover, there shall be no fuel surcharge, documentation fee, or any other kind of charges to the

County. For renewal years two through five, unit price increases will be in accordance with the percentage discount off manufacturers’ suggested retail prices, as shown in section 7 "Pricing Table".

https://secure.procurenow.com/signup

Amendments to unit prices shall not be implemented unless receiving prior approval by the Contract

Services Officer administrating the contract.

5.3. SPECIAL PROVISIONS

Estimated Quantities: Quantities (or expenditures) shown are merely estimates for a year. The County does not guarantee to purchase a minimum quantity, nor any remaining materials and supplies acquired by Contractor in support of the contract.

F.o.b. Point: The f.o.b. point shall be f.o.b. destination, freight allowed (seller pays freight charges, if any).

Minimum Order Requirements: Minimum order or other restrictions must be clearly indicated in your proposal response. Nevertheless, the County may reject high minimum order requirements. Exceptions will only be made if space is available and savings warrant it.

Packing Slip: Each delivery shall be accompanied with a legible packing slip, showing quantities, item descriptions, and a Contract Shipping Order Number (CSO#).

Health and Safety Requirements: All services and merchandise must comply with current health and safety regulations of the California Department of Industrial Relations and CAL-OSHA

Hazardous Materials: All materials subject to the requirements of the California Code of Regulations, Title 8, Article 109, Section 5194, must be identified.

Safety Data Sheet (SDS): All hazardous materials must be accompanied by a SDS at the time of delivery.

Sacramento County will not accept hazardous materials without the required SDSs.

5.4. REQUIREMENTS

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) governs the sale, distributions, and use of pesticides in the United States. All Pesticides distributed or sold in the United States must be registered (licensed) by the Environmental Protection Agency (EPA). According to the EPA, pesticides are classified as Universal Waste and shall be considered as such in this solicitation. The federal Universal

Waste regulations can be found in Title 40 of the Code of Federal Regulations (CFR) in part 273 and shall apply to fertilizers and pesticides. According to the Department of Toxic Substance Control Universal

Wastes are household hazardous wastes that are widely produced by households and many different types of businesses including pesticides and fertilizers.

https://www.ecfr.gov/cgi-bin/text-idx?SID=0501d91ec562faafa833c60c2404d806&mc=true&node=pt40.27.273&rgn=div5 https://dtsc.ca.gov/erp/disaster-related-hazardous-waste-removal/

Below are various provisions set forth by the California Department of Transportation, California

Department of Pesticide Regulation, Environmental Protection Agency, State of California Code of

Regulations, Code of Federal Regulations, Federal Motor Carrier Safety Administration, and the

California Highway Patrol. These regulations, laws, and requirements are to be complied with and adhered to during the term of the contract with the County of Sacramento. Awarded vendors transporting and delivering the chemicals or their subcontracted carrier responsible for deliveries must possess and provide a copy of a Hazardous Material Transportation License (HMTL) prior to the acceptance of a contract.

California Hazardous Material Transportation License:

Every motor carrier who transports the following hazardous materials in California must have a hazardous materials transportation license issued by CHP (CVC §32000.5):

• Hazardous materials shipments (unless specifically excepted) for which the display of placards is required per CVC §27903.

• Hazardous materials shipments in excess of 500 pounds, transported for a fee, which would require placarding if shipped in greater amounts in the same manner.

A valid legible copy of the carrier’s hazardous materials transportation license must be carried in the vehicle and be presented to any peace officer or duly authorized employee of CHP upon request (CCR, Title 13 §1160.3(g)(2)).

This is in addition to the federal Hazmat registration that may be required under CFR, Title 49 §107.601.

For further information pertaining to the Hazardous Material Transportation License (HMTL) please see

Appendix B- Vehicles Transporting Hazardous Materials in the Attachments section. Awarded contractors must include with their response an electronic version of the Hazardous Material

Transportation License (HMTL) from either their firm or the carrier organization responsible for the delivery of the product to County locations. If no HMTL is received in an organization’s bid response, the bid packet will be considered incomplete and therefore thrown out.

For more information including application procedures and instructions, please follow this link to the HMTL Application Instructions. If your firm or carrier has yet to apply for the HMTL and wishes to please follow the link to the Application for a HMTL.

California Restricted Materials Requirements:

All chemicals listed in Appendix A- California Restricted Materials Requirements in the Attachments section are restricted and not to be sold to the County under any circumstances. Contracted vendor is to understand and comply with this provision for the term of the contract.

Chemical Data Reporting:

https://www.chp.ca.gov/Cohttps:/www.chp.ca.gov/CommercialVehicleSectionSite/Documents/chp361m.pdfmmercialVehicleSectionSite/Documents/chp361m.pdf https://www.chp.ca.gov/CommercialVehicleSectionSite/Documents/chp361m.pdf

The Chemical Data Reporting (CDR) rule, under the Toxic Substances Control Act (TSCA), requires manufacturers (including importers) to provide EPA with information on the production and use of chemicals in commerce in large quantities. Manufacturers (including importers) are required to report if they meet certain production volume thresholds, generally 25,000 lbs or more of a chemical substance at any single site. However, a reduced reporting threshold (2,500 lb) now applies to chemical substances subject to certain TSCA actions.

The CDR regulation requires all companies to report data electronically using e-CDRweb, the CDR web-based reporting tool, and EPA's Central Data Exchange (CDX) system.

Businesses required to comply with the CDR regulation should have a thorough understanding of the

TSCA Inventory and the criteria used to determine the listing of a substance on the TSCA Inventory.

Federal Motor Carrier Safety Administration:

Listed below are the major responsibilities of hazardous materials shippers.

• DETERMINE WHETHER A MATERIAL MEETS THE DEFINITION OF A "HAZARDOUS MATERIAL"

• PROPER SHIPPING NAME

• CLASS/DIVISION

• IDENTIFICATION NUMBER

• HAZARD WARNING LABEL

• PACKAGING

• MARKING

• EMPLOYEE TRAINING • SHIPPING PAPERS

• EMERGENCY RESPONSE INFORMATION

• EMERGENCY RESPONSE TELEPHONE NUMBER

• CERTIFICATION

• COMPATIBILITY

• BLOCKING AND BRACING

• PLACARDING

• SECURITY PLAN

• INCIDENT REPORTING

General shipper responsibilities are contained in 49 CFR Part 173. A list of all materials regulated by the

Department of Transportation is located in 49 CFR Part 172.101.

Below is a list of responsibilities of hazardous material shippers and carriers.

https://www.epa.gov/chemical-data-reporting/how-report-under-chemical-data-reporting#register https://www.epa.gov/tsca-inventory https://www.law.cornell.edu/cfr/text/49/173.22 https://www.law.cornell.edu/cfr/text/49/172.101

• SHIPPING PAPER

• PLACARD AND MARK VEHICLE

• LOADING AND UNLOADING

• COMPATIBILITY

• BLOCKING AND BRACING

• INCIDENT REPORTING

• SECURITY PLAN

• EMPLOYEE TRAINING

The cargo space of the vehicle should be suitable for the material being shipped. The vehicle itself must be in sound mechanical condition. The carrier must check to ensure that the material offered by the shipper is properly described and packaged.

Immediate notification of a hazardous materials incident by a carrier is required at the earliest practical moment for incidents that occur during the course of transportation (including loading, unloading, and temporary storage) in which as a direct result of the hazardous materials. Each notice shall be given telephonically to the Department at (800) 424-8802. A written report shall be submitted on DOT Form F

5800.1 for all incidents involving the transportation of hazardous materials unless excepted. Detailed reporting requirements are contained in 49 CFR 171.16.

California Code of Regulations (Title 3. Food and Agriculture) Division 6. Pesticides and Pest Control

Operations. Subchapter 1: Licensing. Article 6. Pesticide Dealer Licenses:

6560. Supervision

(a) Each licensed pest control dealer shall have and maintain at the principal office and at each branch location a designated agent to actively supervise all operations conducted by the location.

(b) The designated agent shall be a person who has passed the laws and regulations examination; or who holds a valid agricultural pest control adviser license, pest control aircraft pilot certificate, or is a qualified applicator licensee.

6562. Dealer Records and Sales Reporting

(a) Each licensed pest control dealer shall prepare and maintain records of all pesticides sold or delivered, except for pesticides labeled only for home use. These records shall include the following:

(1) The purchaser's name and address;

(2) The product purchased, and the amount;

(3) The date of purchase;

https://www.law.cornell.edu/cfr/text/49/171.16

(6) The location where the pesticide was delivered, including the name of the person who, or business which, received the shipment, if the dealer delivered the pesticide.

(b) The records shall be maintained at the sales office for two years. These records shall be produced for inspection, by purchaser name, upon request by the director or agricultural commissioner.

6564. Appropriate Products

All persons engaged in business as licensed pest control dealers shall:

(a) Sell or deliver a pesticide for which a recommendation has been provided to him or written by any person employed by him only when the pesticide labeling corresponds to the recommendation; and

(b) Not knowingly sell or deliver a pesticide for use not shown in the labeling, or when any condition of use shown in the labeling cannot be complied with.

California Code of Regulations (Title 3. Food and Agriculture) Division 6. Pesticides and Pest Control

Operations. Subchapter 2: Work Requirements. Article 4. Storage, Transportation, and Disposal:

6676. Container Requirements

Except as provided in the Food and Agricultural Code pertaining to service containers, any container that holds, or has held, any pesticide, when stored or transported, shall carry the registrant's label. All lids or closures shall be securely tightened except when the procedure described in Section 6684 has been followed. This Section shall not apply to measuring devices that are not used to store or transport a pesticide.

6678. Service Container Labeling

Service containers, other than those used by a person engaged in the business of farming when the containers are used on the property the person is farming, shall be labeled with:

(a) The name and address of the person or firm responsible for the container;

(b) The identity of the pesticide in the container; and

(c) The word "Danger," "Warning," or "Caution," in accordance with the label on the original container.

6680. Prohibited Container for Pesticides

In no case shall a pesticide be placed or kept in any container of a type commonly used for food, drink or household products.

6682. Transportation

(a) Pesticides shall not be transported in the same compartment with persons, food or feed.

(b) Pesticide containers shall be secured to vehicles during transportation in a manner that will prevent spillage onto the vehicle or off the vehicle. Paper, cardboard, and similar containers shall be covered when necessary to protect them from moisture.

State of California Department of Motor Vehicles. Section 9: Hazardous Materials:

9.1.2- Communicate the Risk

Shippers must warn drivers and others about the material’s hazards to communicate the risk. The regulations require shippers to put hazard warning labels on packages, provide proper shipping papers, emergency response information, and placards. These steps communicate the hazard to the shipper, carrier, and driver.

9.2.1- The Shipper

Uses the hazardous materials regulations to determine the product’s:

— ID number.

— Proper shipping name.

— Hazard class.

— Packing group.

— Correct packaging.

— Correct label and markings.

— Correct placards.

Must package, mark, and label the materials; prepare shipping papers; provide emergency response information; and supply placards.

Must certify on the shipping paper that the shipment has been prepared according to the rules (unless you are pulling cargo tanks supplied by you or your employer).

9.2.2- The Carrier

Takes the shipment from the shipper to its destination.

Prior to transportation, checks that the shipper correctly described, marked, labeled, and otherwise prepared the shipment for transportation.

Refuses improper shipments.

Reports accidents and incidents involving hazardous materials to the proper government agency.

9.2.3- The Driver

Makes sure the shipper identified, marked, and labeled the hazardous materials properly.

Refuses leaking packages and shipments.

Placards the vehicle when loading, if required.

Safely transports the shipment without delay.

Follows all special rules about transporting hazardous materials.

Keeps hazardous material shipping papers and emergency response information in the proper place.

9.3.2 Package Labels

Shippers put diamond-shaped hazard warning labels on most hazardous materials packages. These labels inform others of the hazard. If the diamond label will not fit on the package, shippers may put the label on a tag securely attached to the package. For example, compressed gas cylinders that will not hold a label will have tags or decals. Figure 9.2 shows examples of labels.

9.3.3- List of Regulated Products

Placards are used to warn others of hazardous materials. Placards are signs put on the outside of a vehicle and on bulk packages, which identify the hazard class of the cargo. A placarded vehicle must have at least 4 identical placards. They are put on the front, rear, and both sides of the vehicle. See

Figure 9.3. Placards must be readable from all 4 directions. They are at least 10 3/4 inches square, square-on-point, in a diamond shape. Cargo tanks and other bulk packaging display the ID number of their contents on placards or orange panels or white square-on-point displays that are the same size as placards.

9.3.6- Shippers Certification

When the shipper packages hazardous materials, he/she certifies that the package has been prepared according to HMR rules. The signed shipper’s certification appears on the original shipping paper. The only exceptions are when a shipper is a private carrier transporting their own product and when the package is provided by the carrier (for example, a cargo tank). Unless a package is clearly unsafe or does not comply with HMR, you may accept the shipper’s certification concerning proper packaging. Some carriers have additional rules about transporting hazardous materials. Follow your employer’s rules when accepting shipments.

9.3.7- Package Markings and Labels

Shippers print required markings directly on the package, an attached label, or tag. An important package marking is the name of the hazardous material. It is the same name as the one on the shipping paper. The requirements for marking vary by package size and material being transported. When required, the shipper will put the following on the package:

•The name and address of shipper or consignee.

•The hazardous material’s shipping name and ID number.

•The labels required.

It is a good idea to compare the shipping paper to the markings and labels. Always make sure that the shipper shows the correct basic description on the shipping paper, and verifies that the proper labels are shown on the packages. If you are not familiar with the material, ask the shipper to contact your office.

If rules require it, the shipper will put RQ, MARINE POLLUTANT, BIOHAZARD, HOT, or INHALATION-

HAZARD on the package. Packages with liquid containers inside will also have package orientation markings with the arrows pointing in the correct upright direction. The labels used always reflect the hazard class of the product. If a package needs more than 1 label, the labels must be close together, near the proper shipping name.

9.3.10- Placarding

Attach the appropriate placards to the vehicle before you drive it. You are only allowed to move an improperly placarded vehicle during an emergency, to protect life or property.

Placards must appear on both sides and ends of the vehicle. Each placard must be:

•Easily seen from the direction it faces.

•Placed so the words or numbers are level and read from left to right.

•At least 3 inches away from any other markings.

•Kept clear of attachments or devices such as ladders, doors, and tarpaulins.

•Kept clean and undamaged so that the color, format, and message are easily seen.

•Affixed to a background of contrasting color.

•The use of “Drive Safely” and other slogans is prohibited.

•The front placard may be on the front of the tractor or trailer.

To decide which placards to use, you need to know:

•The hazard class of the materials.

•The amount of hazardous materials shipped.

•The total weight of all classes of hazardous materials in your vehicle.

9.6.5.4- California General Hazardous Materials Routing Requirement

The following general routing and parking restrictions (CVC §31303) apply to hazardous material and waste shipments for which the display of vehicle placards and/or markings is required per CVC §27903

(except shipments subject to, and in conformance with, special routing and related requirements):

•Unless specifically restricted or prohibited (CVC §31304), use state or interstate highways which offer the least transit time whenever possible.

•Avoid, whenever practicable, congested highways, places where crowds are assembled, and residence districts (CVC §515).

•Deviation from designated routes is not excusable on the basis of operating convenience.

•Do not leave a loaded vehicle unattended or parked overnight in a residence district.

•Except for specifically restricted or prohibited highways, other highways may be used that provide necessary access for pick up or delivery consistent with safe vehicle operation.

•Highways which provide reasonable access to fuel, repairs, rest or food facilities that are designed to and intended for commercial vehicle parking, when that access is safe and when the facility is within one-half mile of the points of exit and/or entry to the designated route.

•Restricted or prohibited routes may only be used when no other lawful alternative exists. The CHP also publishes a list of restricted or prohibited highways (CVC §31304). Copies of this list may be obtained by contacting the Commercial Vehicle Section, Routing Coordinator at (916) 327-3310.

6. VENDOR SUBMISSIONS

6.1. ........................................................................................................ Bi d Requirements*

Did you read through and confirm that you met all of the bid requirements?

☐ Yes

☐ No

*Response required

6.2. ........................................................................................................ Ple ase confirm that your company will accept the County's contract terms and conditions.

☐ Please confirm

6.3. ........................................................................................................ Bi d Documents*

Please Upload any/all required or supplemental bid documents here.

*Response required

6.4. ........................................................................................................ Co nfidential Company Information (if applicable)

The County will treat all information submitted in a proposal as available for public inspection once the County has selected a contractor. If you believe that you have a legally justifiable basis under the

California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your proposal, you must identify any such information, together with the legal basis of your claim in your proposal, and present such information in this section as part of your response package. Click "File Upload" below to upload your confidential documents.

6.5. ........................................................................................................ Co ntractor Certification of Compliance*

WHEREAS it is in the best interest of Sacramento County that those entities with whom the County does business demonstrate financial responsibility, integrity and lawfulness, it is inequitable for those entities with whom the County does business to receive County funds while failing to pay court-ordered child, family and spousal support which shifts the support of their dependents onto the public treasury.

Therefore, in order to assist the Sacramento County Department of Child Support Services in its efforts to collect unpaid court-ordered child, family and spousal support orders, the following certification must be provided by all entities with whom the County does business:

CONTRACTOR hereby certifies that either:

☐ (a) the CONTRACTOR is a government or non-profit entity (exempt)

☐ (b) the CONTRACTOR has no Principal Owners (25% or more) (exempt)

☐ (c) each Principal Owner (25% or more), does not have any existing child support orders

☐ (d) CONTRACTOR’S Principal Owners are currently in substantial compliance with any court-ordered child, family and spousal support order, including orders to provide current residence address, employment information, and whether dependent health insurance coverage is available. If not in compliance, Principal Owner has become current or has arranged a payment schedule with the

Department of Child Support Services or the court.

*Response required

6.6. ........................................................................................................ Co ntractor Certification of Compliance Cont...*

New CONTRACTOR shall certify that each of the following statements is true:

A. CONTRACTOR has fully complied with all applicable state and federal reporting requirements relating to employment reporting for its employees; and

B. CONTRACTOR has fully complied with all lawfully served wage and earnings assignment orders and notices of assignment and will continue to maintain compliance.

NOTE: Failure to comply with state and federal reporting requirements regarding a contractor's employees or failure to implement lawfully served wage and earnings assignment orders or notices of assignment constitutes a default under the contract; and failure to cure the default within 90 days of notice by the County shall be grounds for termination of the contract. Principal Owners can contact the Sacramento Department of Child Support Services at 1-866-901-3212, by writing to P.O. Box

269112, Sacramento, 95826-9112, or via the Customer Connect website at www.childsup.ca.gov.

☐ Yes

☐ No

*Response required

6.7. ........................................................................................................ Sol icitation Exceptions*

Please list all exceptions below referring to name of specific section and (where applicable) paragraph, subsection number, or other identifier. For each exception, please quote the statement(s) to which you are taking an exception, for reference during bid analysis. Exceptions considered excessive or affecting vital terms, conditions or specifications may reduce or eliminate your prospects for award.

Please include the following with every exception (if your company has no exceptions, type "N/A" in this field):

A. Page #

B. Section#/Title

C. Exception Description

*Response required

6.8. ........................................................................................................ No n-Collusion Affidavit*

I state that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this proposal.

I state that:

A. The price(s) and amount of this proposal have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder, except as disclosed below in the exceptions field (accept with exceptions).

B. That neither the price(s) nor the amount of this proposal, and neither the approximate price(s) nor approximate amount of this proposal, have been disclosed to any other firm or person who is a bidder or potential bidder, and that they will not be disclosed before proposal opening.

C. No attempt has been made or will be made to induce any firm or person to refrain from submitting a proposal on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal/bid or other form of complementary proposal.

D. The proposal by my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal.

E. My firm, its affiliates, subsidiaries, officer, directors and employees are not currently under investigation by any governmental agency and have not in the last five years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.

F. No current or previous employee of the County of Sacramento (employed by County of

Sacramento within the last calendar year) has been involved or is currently involved in any manner, directly or indirectly, with bidder’s response or considerations in responding to this request.

I understand and my firm understands and acknowledges that the above representations are material and important, and will be relied upon by the County of Sacramento in awarding the contract(s) for which this proposal is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the County of Sacramento of the true facts relating to the submission of proposals/bids for this contract. Any violation of this certification shall render bidder’s response invalid. In such a case, bidder’s response will be immediately disqualified.

☐ Please confirm

*Response required

6.9. ........................................................................................................ Cu stomer References*

Include three (3) Company references here:

Reference 1

• Agency/Company Name

• Project Name

• Project Size (Cost/Unit & Total Cost)

• Project Type

• Year Completed

• Name of Project Manager

• Email Address & Phone Number

• Brief Physical Description of Project

Reference 2

• Agency/Company Name

• Project Name

• Project Size (Cost/Unit & Total Cost)

• Project Type

• Year Completed

• Name of Project Manager

• Email Address & Phone Number

• Brief Physical Description of Project

Reference 3

• Agency/Company Name

• Project Name

• Project Size (Cost/Unit & Total Cost)

• Project Type

• Year Completed

• Name of Project Manager

• Email Address & Phone Number

• Brief Physical Description of Project

*Response required

6.10. ...................................................................................................... Ira n Contracting Act Disclosure Form*

(California Public Contract Code, sections 2202-2208)

When responding to a bid or proposal or executing a contract or renewal for a County of Sacramento contract for goods or services of $1,000,000 or more, a vendor must either:

A. certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code section

2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

B. demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d).

To comply with this requirement, please select one of the options below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of

$250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts. (Public Contract Code section 2205.)

OPTION #1 - CERTIFICATION

I certify I am duly authorized to execute this certification on behalf of the vendor/financial institution, and the vendor/financial institution is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars

($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

OPTION #2 – EXEMPTION

Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran

Contracting Act, please select "EXEMPTION" below, and attach documentation demonstrating the exemption approval with your electronic submission.

☐ Certification

☐ Exemption

*Response required

7. PRICING TABLE

2023-RFB-0171 PRICING TABLE

Please respond with the cost per unit of measure. For example, if you sell an item by the 5 GAL bottle please provide the price per 1 GAL. The quantity listed is the estimated annual amount that will be used by the County. If you do not offer the brand requested, please list the "Alternative Brand".

Line Item Description Quantity Unit of

Measure Unit Cost Total Alternate

Brand

1 Blazon Green Colorant

4x1-GAL

4 GAL

2 Capstone 2x2.5-GAL by

Dow AgroSciences

40 GAL

3 Clearcast 100 GAL

4 Cleantraxx 250 GAL

5 CoreTect Tablets 4x250-

TAB/BTL

20 BTL

6 Defoamer 1-QT BTL by

Triple Line

36 QT

7 Dimension 2EW 2x2.5-

GAL by Dow

AgroSciences

60 GAL

8 Dimension 270G 50-LB

Bag by JR Simplot

Company

3,000 LB

9 Dimension Ultra 40WP

(Stewardship) 8x1 BG

(BG=8x5OZ)

72 BAG

10 Driftgon 1-GAL by First

Choice

280 GAL

11 Driftgon 2.5-GAL by First

Choice

65 GAL

Line Item Description Quantity Unit of

Measure Unit Cost Total Alternate

Brand

12 EcoExempt Jet 14-OZ

Can_wasp and hornet spray

168 OZ

13 Ensign 720 2x2.5 GAL 60 GAL

14 Esplande 50 GAL

15 Fusilade II 6x1-QT by

Syngenta

6 QT

16 Feature PRO LQ 2x2.5

GAL

5 GAL

17 Feature PRO LQ

California 2x2.5 GAL

40 GAL

18 Finale 100 GAL

19 Gallery DF 100 GAL

20 Gallery SC 100 GAL

21 Gallery 75DF 6x4x1-LB by Dow AgroSciences

124 LB

22 Game Up 4x1 GAL 7 GAL

23 Garlon 4 Ultra 2x2.5-

GAL

2 GAL

24 Insignia SC Intrinsic

(Agency) 2x2.5 GAL

2.5 GAL

25 Lokomotive 2-0-25

2x2.5 GAL

300 GAL

26 Matrix 20 LB

27 Merit 75WP 8x2-OZ by

Bayer

80 OZ

Unit Cost Total Alternate

Brand

28 Meridian 25WG

(agency) 4x102 OZ

204 LB

29 Milestone Specialty

2x2.5-GAL by Dow

AgroSciences

40 GAL

30 Mizer 30 GA 14,400 GAL

31 MSO Concentrate with

Leci-Tech 2.5-GAL

125 GAL

32 No Foam B 4x1-GAL by

Montery

8 GAL

33 Pathfinder ll 2x2.5-GAL by Dow AgroSciences

40 GAL

34 Portfolio 250 GAL

35 Reign by Loveland

Products

4 GAL

36 Reward (Agency) 2x2.5-

GAL by Syngenta

10 GAL

37 Roundup Custom 2x2.5-

GAL

35 GAL

38 Roundup Pro

Concentrate 2x2.5-GAL by Monsanto

60 GAL

39 Roundup Pro

Concentrate Bulk Pack

265-GAL Tote by

Monsanto

1,590 GAL

40 Roundup ProMax

2x1.67-GL by Monsanto

668 GAL

41 Scythe 100 GAL

Unit Cost Total Alternate

Brand

42 Snapshot 2.5TG 50-LB by Dow AgroSciences

25,000 LB

43 Spike 80DF 4-LB Bag by

Dow AgroSciences

1,200 LB

44 Spreader 90 Activator

4x1-GAL by Target

48 GAL

45 Surflan AS 2x2.5-GAL by

UPI

20 GAL

46 Transline 50 GAL

47 Telar XP 8x16-OZ by

Dupont

256 OZ

48 Wasp Freeze 12x18-OZ

Cans by BASF

864 OZ

49 Liberate Lecitech 4x1

GAL

12 GAL

50 Liberate Lecitech 2x2.5

GAL

15 GAL

51 Garlon 3A 2x2.5 GAL 5 GAL

52 Vastlan 50 GAL

53 Velista (Agency) 6x22

OZ

3,388 OZ

54 Wilco Gopher Getter Ag

Bait 5-LB

420 LB

55 18-5-9 with Millennium

Ultra Herbicide 40-LB by

Andersons Golf

Products

6,960 LB

56 30-3-9 Turf Fertilizer 50-

LB by Andersons Golf

Products

10,000 LB

Unit Cost Total Alternate

Brand

57 20-20-20+ Nutriculture

25-LB by Plant Marvel

Lab Inc

50 LB

58 Best 9-9-9 Super Iron

50-LB by JR Simplot

1,000 LB

59 Best 15-15-15 Triple Pro

50-LB by JR Simplot

500 LB

60 Best 21-0-0 Ammonium

Sulfate 50-LB by JR

Simplot

100 LB

61 Dimension Ultra 40WP 40 OZ

62 Signature Brand

Fertilizer 32-2-8

2,000 LB

63 46-0-0 Urea Simplot

11020 50 LB

2,000 LB

64 15-15-15 Triple Pro

74102 50LB

25,000 LB

65 21-7-14 Turf Royal Yara

50 LB

14,700 LB

66 22-5-10 67xCU 1.9FE

Signature 50 LB

6,000 LB

67 15-5-0-0 CAL NIT

Solution Grade 50 LB

2,200 LB

68 Cal-CM Standard Prill

Fairway Grade Gypsum

50-LB

6,000 LB

69 Scottish Crest No-Mow

Fescue

50 LB

70 Signature Brand Trilogy

Mixture

2,150 LB

Unit Cost Total Alternate

Brand

71 Signature Brand

Turfgrass Mixture

2,150 LB

72 Amigo Tall Fescue Seed

50-LB

200 LB

73 Bermuda Grass Seed 200 LB

74 Dwarf Fescue Seed 200 LB

75 SIG Trilogy Ryegrass BT

Certified 50# bag

16,000 LB

76 Medalist Gold Perennial

Ryegrass Seed Blend 3 or 4

500 LB

77 Specticleflo 2 GAL

78 Unfoamer Antifoam, Defoaming Agent, 1 Gal.

2 QT

80 Activator 90 Surfactant, 1 Gal.

5 GAL

TOTAL

8. SACRAMENTO COUNTY STANDARD TERMS AND CONDITIONS

A. BID/QUOTE/PROPOSAL TERMS AND CONDITIONS:All of the terms and conditions of the bid, quote, or proposal against which this agreement is applied, are hereby incorporated.

B. SALES TAX NOT INCLUDED: Unless otherwise definitely specified, the unit prices do not include

California sales and use tax or Sacramento County sales and use tax.

C. INVOICING & PAYMENT: Upon timely submission of itemized invoices by vendor/contractor, payment shall be made per the terms of this agreement and for the prices stipulated for supplies delivered and/or services rendered after inspection and acceptance. Deductions, if any, may be made from payment as provided by this agreement. Payment on partial deliveries may be made whenever amounts due so warrant or when requested by the vendor/contractor and approved by the County. In connection with any cash (payment) discount specified in this agreement, time will be computed from the date of complete delivery of the supplies, equipment or services as specified, or from date correct invoices are received by County, whichever is later. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the County warrant or check.

D. HOLD HARMLESS:The vendor/contractor shall hold the County of Sacramento, its officers, agents, servants and employees harmless from liability of any nature or kind because of use of any copyrighted, or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this order, and agrees to defend, at his own expense, any and all actions brought against the County of Sacramento or himself because of the unauthorized use of such articles.

E. DEFAULT BY VENDOR/CONTRACTOR:In case of default by vendor/contractor, the County of

Sacramento may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the vendor/contractor, the difference between the price named in the contract or purchase order and actual cost thereof to the County of Sacramento. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made.

Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent.

F. RIGHT TO AUDIT:The County of Sacramento reserves the right to verify, by examination of vendor/contractor’s records, all invoiced amounts when firm prices are not set forth in the purchase agreement.

G. ASSIGNMENT:This contract or purchase order is not assignable by vendor/contractor either in whole or in part, without the prior written approval of the County.

H. SUCCESSORS: This agreement shall be binding upon to the benefit of the successors and assigns of the respective parties hereto.

I. F.E.T. EXEMPTION:County is exempt from Federal excise tax pursuant to Internal Revenue Code 26

U.S.C. §4221(a)(4).

J. CHARGES NOT INCLUDED ON FACE NOT ACCEPTABLE:No charge will be accepted for packing, boxing, or cartage, except as specified in the Notice of Award.

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