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Home My WebLink About23862COUNTY OF FRESNO PROCUREMENT AGREEMENT Agreement Number 240022F July 7,2003 A-C Electric Company P.O.Box 6060 1835 E.Lamona Avenue Fresno,CA 93703-6060 The County of Fresno (County)hereby contracts with A-C Electric Company (Contractor)to perform maintenance and repairs to traffic signals.Such services shall be provided in accordance with the terms,conditions and requirements as set forth under this Agreement,including the Contractor's proposal dated June 20,2003, attached as Attachment "A",and by this reference incorporated herein. TERM:This Agreement will be for one (1)year effective July 15,2003. RENEW AL:Agreement shall automatically renew for an additional one (1)year period except when written notice is delivered by either party to the other expressing intent not to renew.Such notice must be delivered a minimum of sixty (60)days prior to the next expiration date of this Agreement.The maximum number of automatic one (1)year renewal periods under this Agreement is two (2). CONTRACTOR'S SERVICES:Contractor shall perform the services as described in Attachment "A"attached,at the rates set forth in Attachment "A". ADDITIONAL ITEMS:The County reserves the right to negotiate additional items to this Agreement as deemed necessary.Such additions shall be made in writing and signed by both parties. DEFAULT:In case of default by Contractor,the County may procure the articles from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County.The prices paid by County shall be considered the prevailing market price at the time such purchase is made.Inspection of deliveries or offers for delivery,which do not meet specifications,will be at the expense of Contractor. INVOICING:The Contractor's itemized invoice shall be mailed in duplicate to the County of Fresno,Department of Public Works -Roads,2220 Tulare Street,Fresno, California 93721.The Agreement number must appear on all shipping documents and invoices.Invoice terms shall be Net 45 Days. G:\CONTRACTS&EXTRACTS\f\240022F A-C ELECTRIC COMPANY.DOC ----------------------------------u_---------- PROCUREMENT AGREEMENT NUMBER:240022F A-C Electric Company July 7,2003 Page 2 MAXIMUM:In no event shall services performed and/or fees paid under this Agreement be in excess of ten thousand dollars ($10,000.00). TERMINATION:The County reserves the right to immediately terminate this Agreement upon written notice to the Contractor.In the event of such termination,the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS:The Contractor shall comply with all laws,rules and regulations whether they be Federal,State or municipal,which may be applicable to Contractor's business,equipment and personnel engaged in service covered by this Agreement. AUDITS:Contractor shall,as required by law,ordinance,code or decree permit the County to audit and inspect all such records and data pertaining to this Agreement and at all reasonable times be open to inspection by authorized representatives of the County. LIABILITY:The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify,save and hold harmless,and at County's request defend the County,its officers,agents and employees from any and all claims for damage or other liability, including costs,expenses,causes of action,claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents,officers or employees under this Agreement. INSURANCE: Without limiting the County's right to obtain indemnification from Contractor or any third parties,Contractor,at its sole expense,shall maintain in full force and effect the following insurance policies throughout the term of this Agreement: A.Commercial General Liabilitv Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00)per occurrence and an annual aggregate of Two Million Dollars ($2,000,000.00).This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations,product liability,contractual liability,Explosion-Collapse-Underground,fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. G:\CONTRACTS&EXTRACTS\F\240022F A-C ELECTRIC COMPANY.DOC -------------------------------------- PROCUREMENT AGREEMENT NUMBER:240022F A-C Electric Company July 7,2003 Page 3 B.Automobile Liabilitv Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00)per person,Five Hundred Thousand Dollars ($500,000.00)per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00),or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00).Coverage should include owned and non-owned vehicles used in connection with this Agreement. C.Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno,its officers,agents,and employees,individually and collectively,as additional insured,but only insofar as the operations under this Agreement are concerned.Such coverage for additional insured shall apply as primary insurance and any other insurance,or self-insurance,maintained by County,its officers,agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein.This insurance shall not be cancelled or changed without a minimum of thirty (30)days advance written notice given to County. Within Thirty (30)days from the date Contractor executes this Agreement,Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies,as required herein,to the County of Fresno,stating that such insurance coverage have been obtained and are in full force;that the County of Fresno,its officers,agents and employees will not be responsible for any premiums on the policies;that such Commercial General Liability insurance names the County of Fresno,its officers,agents and employees,individually and collectively,as additional insured,but only insofar as the operations under this Agreement are concerned;that such coverage for additional insured shall apply as primary insurance and any other insurance,or self-insurance,maintained by County,its officers,agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein;and that this insurance shall not be cancelled or changed without a minimum of thirty (30)days advance,written notice given to County. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided,the County may,in addition to other remedies it may have,suspend or terminate this Agreement upon the occurrence of such event. G:\CONTRACTS&EXTRACTS\F\240022F A-C ELECTRIC COMPANY.DOC ~-~--~~---- PROCUREMENT AGREEMENT NUMBER:240022F A-C Electric Company July 7,2003 Page 4 All policies shall be with admitted insurers licensed to do business in the State of California.Insurance purchased shall be purchased from companies possessing a current A.M.Best,Inc.rating of B+FSC VII or better. INDEPENDENT CONTRACTOR:In performance of the work,duties and obligations assumed by Contractor under this Agreement,it is mutually understood and agreed that Contractor,including any and all of Contractor's officers,agents,and employees will at all times be acting and performing as an independent contractor,and shall act in an independent capacity and not as an officer,agent,servant,employee,joint venturer, partner,or associate of the County.Furthermore,County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function.However,County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof.Contractor and County shall comply with all applicable provisions of law and the rules and regulations,if any,of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor,Contractor shall have absolutely no right to employment rights and benefits available to County employees.Contractor shall be solely liable and responsible for providing to,or on behalf of,its employees all legally-required employee benefits.In addition,Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees,including compliance with Social Security,withholding,and all other regulations governing such matters.It is acknowledged that during the term of this Agreement,Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT:Neither party shall assign,transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS:This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations,proposals,commitments,writings,advertisements,publications, Request for Proposals,Bids and understandings of any nature whatsoever unless expressly included in this Agreement.This Agreement supersedes any and all terms set forth in Contractor's invoice.This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES:In the event of any inconsistency in interpreting the documents which constitute this Agreement,the inconsistency shall be resolved by giving precedence in the following order of priority:(1)the text of this Agreement (excluding Attachment "A";and (2)Attachment "A". G:\CONTRACTS &EXTRACTS\F\240022F A-C ELECTRIC COMPANY.DOC PROCUREMENT AGREEMENT NUMBER:240022F A-C Electric Company July 7,2003 Page 5 GOVERNING LAWS:This Agreement shall be construed,interpreted and enforced under the laws of the State of California.Venue for any action shall only be in County of Fresno. Please acknowledge your acceptance by returning all pages of the signed original of this Agreement to my office,retaining a copy for your files. Please refer any inquiries in this matter to Ken Vozza,Senior Buyer,at (559)456-7110 or FAX at (559)456-7831. COUNTY OF FRESNO 1Yl~ Theron M.Toler,Purchasing Manager 4525 East Hamilton Avenue Fresno,CA 93702-4599 ~~(D3Date: TMT:KAV:jlg G:\CONTRACTS &EXTRACTS\F\240022F A-C ELECTRIC COMPANY.DOC G:\CONTRACTS &EXTRACTS\F\240022F A-C ELECTRIC COMPANY.DOC ---------------- PROCUREMENTAGREEMENTNUMBER:240022F A-C Electric Company July 7,2003 A TTACHMENT '~" A-C ELECTRIC'S PROPOSAL DATED JUNE 20,2003 G:\CONTRACTS &EXTRACTS\F\240022F A-C ELECTRIC COMPANY.DOC JUN.20.2003 -/~1 t1 ~ u ."1 . (~~,~ ~P\.1\.~,~~".91~ June 20,2003 4:22PM Ar ~lECTRIC FRESNO 5592336849 NO.883 P. ./J-e IJ.~e~-CALIFORNIAC-10LICENSE99849 FRESNO DIVISION Box6060 1.~35 E;;!~tL~mOnaAvenue Fresrto.CA 93703-6060 Phone 559/233-2208 Fax 559/23.3-8349 wwws-celectrlc.com EN GIN EERI NG-CO N STRU CTION-SERVI C E Attn Ken Vozza General Services Deparrment County of Fresno 4525 E Hamilton Ave Stop #65 Fresno CA 93702 Dear Ken, Thank you for calling and requesting our service rates for Maintenance and Emergency Repa.irof the Traffic Signal on JayneAvenue. A-C ElectricCompany is a full-service electrical construction company that has been in operation for 53 years with Divisions in Bakersfield,Fresno and Visalia,California.Our expertise encompasses all aspects of electrical construction including commercial structures and lighting,a 24-hour service department,outdoor site lighting, trafAc signals and industrial projects.The following rates include a fully-stocked service trucl<(tools and basic marerial such as conduit and wire).Hourly rares are per electrician. Labor Rates for 2003 are as follows: 562.00/hr. S73.00/hr. $95.00/hr. Straight Time (7:00 a.m.to 3:30 p.m.,Monday through Friday) Overrime -Any hours over normal 8 hours Monday through Friday and all day SatUrday. Double Time -Any hours on Sunday and legal holidays,and any hours after ten consecutive hours. The above labor rates include normal equipmem fees except that rental fees for specialized non-electric repair equipment including but not limited to bucket trucks.cranes,concrete saws,jack hammers,earth augers and horizomal boring and jacking machines will be reimbursed. All traffic control and/or sub-contractor services will be billed at cost plus 15%mark-up. All MaterIal to be billed at cost,plus current sales tax,plus 15%overhead,plus 10%profit. rei you for the opportunity to quote you our rates for work at your facility.We look forward to furthering our .nship with the CountY of Fresno.If you have any questions,pleasecall me. TI "'_"""-"""'',,< n 1~'AO ~~a"""<"<CO.Aa 00'.'P (/11 ,tl-e C~e~-CALIFORNIAC-10LICENSE99849 EN GIN E E RI N G-CON STRU CTIO N-SE RVIC E HEADQUARTER: Box 99 601 34th Stree Bakersfield.CA 93302-099 Phone 661/327-097 Fax 661/325-623 www.a-celectric.cor TRANSMITTAL To:County of Fresno -Purchasing Attn:Ken Vozza 4525 E.Hamilton Ave. Fresno,Ca.93702 Date:7/28/03 Customer Job No:240022F A-C Job No.:CFR-T900 Job Name:Traffic Signal Maintenance Subject:Agreement Transmitting:0 Plans 0 Correspondence 0 Drawings U.S.Mail 0 Specifications 0 Submittal Data 0 Material ~Contract 0 Release 0 Other Via: 1 1 7/7/03 12/12/02 M24310 Procurement Agreement Certificate of Insurance Transmitted for ~Your Information ~As Requested 0 Review &Comment 0 As Required 0 Approval &Return 0 Other Comments: SI9~'~ Katerina L.Bond,Contract Administrator Name and Title AC TRANS 1199 Addressee Copy 0 ::0:,..."W ,...,C-<:,----,..."r-<==' N -0 ....0 =,::0 ::;::lIt :t*:::c c,o:) z =r"'1 0)-0 :4:;;:;