HomeMy WebLinkAbout240151
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AGREEMENT
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This AGREEMENT,is made and entered into this 1l day of ~l't-h ,2004,
by and between the COUNTY OF FRESNO,a Political Subdivision of the State of
California,hereinafter referred to as "COUNTY",and AAA San Joaquin Environmental,5
6 Inc.,whose address is 7257 N.Maple Avenue,Fresno,CA 93650,hereinafter referred
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to as "CONTRACTOR".
WITNESSETH
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WHEREAS,COUNTY requires from time to time evaluation of the homes of
qualified Affordable Housing Programs'clients to detect the presence of lead;and
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WHEREAS,COUNTY requires from time to time the services of a lead
consultant on rehabilitation projects;and
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WHEREAS,COUNTY requires a consultant to identify lead-based paint and
provide clearance reports;and
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WHEREAS,COUNTY requires a consultant to provide clear and succinct written
abatement specifications;and
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WHEREAS,COUNTY Department of Public Works and Planning,Community
Development Division,in conjunction with COUNTY Purchasing Unit,has solicited
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proposals for the services the COUNTY requires in this Agreement;and
WHEREAS,CONTRACTOR is qualified to perform the services required under
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this contract as identified in the COUNTY's Request for Quotation No.315-3879,Lead-
Based Paint Testing Services (Attachment "A");and
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WHEREAS,CONTRACTOR submitted the lowest bid for the services the
COUNTY requires under this contract;and
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WHEREAS,COUNTY has reviewed and approved the CONTRACTOR'S
proposal.
27 NOW,THEREFORE,in consideration of their mutual covenants and conditions,
28 the parties agree as follows:
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I.OBLIGATIONS OF THE CONTRACTOR
CONTRACTOR shall provide all labor,equipment and materials to perform
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risk assessments,written specifications,clearance examinations,and training as
discussed in this Agreement.
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CONTRACTOR shall perform the risk assessment,visual assessment,or
lead-based paint testing within three (3)COUNTY business days of the COUNTY's request.
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CONTRACTOR shall perform the evaluation and hazard reduction
requirements as per the following:
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Paint testinQ.CONTRACTOR shall perform paint testing on the painted
surfaces to be disturbed or replaced during rehabilitation activities.
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A.Residential property receivinQ an averaqe of UP to and includinQ
$5,000 per unit in federal rehabi.li!illJonassistance.CONTRACTOR shall:
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1.Submit a detailed written report to the COUNTY's Affordable
Housing Programs Manager including written specifications on safe work practices and
repairing any paint that is disturbed during rehabilitationwork,in accordance with the United15
16 States Department of Housing and Urban Development (HUD)Regulations.Safe work
practices shall include exterior regulated areas,worker protection,respiratory protection,17
18 project decontamination,remediation of lead-contaminated soil,disposal of waste materials
and mechanical removal of lead-based paint.If paint testing indicates that the painted19
20 surfaces are not coated with lead-based paint,safe work practices are not required.
21 2.After completion of any rehabilitation that disturbs painted
22 surfaces,perform a clearance examination of the worksite(s)in accordance with HUD
regulations.Clearance is not required if paint testing indicates that the painted surfaces23
24 are not coated with lead-based paint or rehabilitation did not disturb painted surfaces of a
total area more than that set forth in HUD regulations.25
26 B.Residential property receivinQan averaqe of more than $5,000 and
27 up to and includinq $25,000 per unit in federal rehabilitation assistance.CONTRACTOR
shall:28
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1.Perform a risk assessment in the dwelling units receiving
federal assistance,in common areas servicing those units and exterior painted surfaces,
in accordance with HUD regulations.3
4 2.Submit a detailed written report to the COUNTY's Affordable
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Housing Programs Manager including written specifications on interim controls,in
accordance with HUD regulations,of all lead-based paint hazards identified by the paint
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testing and risk assessment conducted as specified,as a result of the rehabilitation work,
in accordance with HUD regulations.
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C.Resident@!property receivinq an averaqe of more than $25,000 per
unit in federal rehabilitation assistance.CONTRACTOR shall:
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1.Perform a risk assessment in the dwelling units receiving
federal assistance and in associated common areas and exterior painted surfaces,in
accordance with HUD regulations.13
14 2.Submit a detailed written report to the COUNTY's Affordable
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Housing Programs Manager including written specifications on abatement procedures for
all lead-based paint hazards identified by the paint testing or risk assessment conducted
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as specified,as a result of the rehabilitation work,in accordance with HUD regulations.
D.The average cost per unit in federal rehabilitation shall be calculated
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in accordance with 24 CFR 35.915 (c).
CONTRACTOR shall,within seven (7)COUNTY business days of
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conducting the paint testing inspection,submit a detailed report to the COUNTY's
Affordable Housing Programs Manager.Such report shall include the testing results and
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written specifications on interim controls and/or abatement procedures.In the event a
conflict prevents compliance with this standard,CONTRACTOR shall communicate with
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the COUNTY's Affordable Housing Programs Manager to arrange an acceptable time
frame for the delivery of the report.
27 CONTRACTOR shall provide a written report identifying methods of
28 treatment that includes one or more of the following:paint stabilization,interim control,
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standard treatment and abatement.
CONTRACTOR shall provide clearance examinations and written
clearance reports indicating the results of the clearance examination.3
4 CONTRACTOR shall provide the services required of this contract,only
upon the request of or through the coordination of the COUNTY's Affordable Housing5
6 Programs Manager.
CONTRACTOR shall be responsible for providing the services required7
8 under this contract,at any Affordable Housing Programs client's home within the
geographical boundaries of the COUNTY for specified housing units identified by9
10 COUNTY as eligible for lead-based paint services under COUNTY Affordable Housing
Programs guidelines.11
12 CONTRACTOR shall provide a minimum of three (3)hours per month of
lead-based paint training to COUNTY staff in a group setting.The subject matter is to be13
14 determined by the CONTRACTOR in conjunction with the COUNTY's Affordable
Housing Programs Manager.15
16 II.TERM
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This Agreement shall become effective as of the date it is executed by the
COUNTY and shall remain in effect for twelve (12)months from the effective date of
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execution.This agreement shall automatically renew pursuant to Section III unless
terminated pursuant to Sections III or IV of this Agreement.
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III.RENEWAL
This Agreement shall automatically renew for an additional one (1)year
period except when written notice is delivered by either party to the other expressing23
24 intent not to renew.Such notice must be delivered a minimum of thirty (30)days prior to
the expiration date of this Agreement.The maximum number of automatic one (1)year25
26 renewal periods under this Agreement is three (3).
27 IV.TERMINATION
28 A.Non-Allocation of Funds -The terms of this Agreement,and the
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services to be provided thereunder,are contingent on the approval of funds by the
appropriating government agency.Should sufficient funds not be allocated,the services
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provided may be modified,or this Agreement terminated,at any time by giving the
CONTRACTOR thirty (30)days advance written notice.
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B.Breach of Contract -The COUNTY may immediately suspend or
terminate this Agreement in whole or in part,where in the determination of the COUNTY
An illegal or improper use of funds;
A failure to comply with any term of this Agreement;
A substantially incorrect or incomplete report submitted to the
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4.Improperly performed service.
In no event shall any payment by the COUNTY constitute a waiver
by the COUNTY of any breach of this Agreement or any default which may then exist on14
15 the part of the CONTRACTOR.Neither shall such payment impair or prejudice any
remedy available to the COUNTY with respect to the breach or default.The COUNTY16
17 shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of
any funds disbursed to the CONTRACTOR under this Agreement,which in the judgment18
19 of the COUNTY were not expended in accordance with the terms of this Agreement.
The CONTRACTOR shall promptly refund any such funds upon demand.20
21 C.Without Cause -Under circumstances other than those set forth
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above,this Agreement may be terminated by COUNTY upon the giving of thirty (30)
days advance written notice of an intention to terminate to CONTRACTOR.
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V.COMPENSATION/INVOICING
COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to
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receive compensation as follows:
A.Risk assessments at Five Hundred Dollars ($500)per assessment
28 to include the following:
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B.Written specifications at Two Hundred Dollars ($200)per report for
the following applicable lead hazard reduction method:
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C.Clearance examinations including appropriate clearance reports at
Two Hundred Dollars ($200.00)per examination.
CONTRACTOR shall submit monthly invoices in triplicate to COUNTY13
14 Affordable Housing Programs Manager,Community Development Division,Department
of Public Works and Planning,County of Fresno,2220 Tulare Street,8th Floor,Fresno,
CA 93721.In no event shall services performed under this Agreement be in excess of
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Eighty Five Thousand Eight Hundred Seventy Five Dollars ($85,875)during the term of
this Agreement,which shall be a term of up to four (4)years,in accordance with
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Sections II and III of this Agreement.It is understood that all expenses incidental to
CONTRACTOR performance of services under this Agreement shall be borne by
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CONTRACTOR.
VI.INDEPENDENT CONTRACTOR
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In performance of the work,duties and obligations assumed by
CONTRACTOR under this Agreement,it is mutually understood and agreed that
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CONTRACTOR,including any and all of the CONTRACTOR's officers,agents,and
employees will at all times be acting and performing as an independent contractor,and
27 shall act in an independent capacity and not as an officer,agent,servant,employee,joint
28 venturer,partner,or associate of the COUNTY.Furthermore,COUNTY shall have no
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1.Visual Assessments;
2.Paint Testing with XRF gun;
3.Laboratory analysis;and
4.Lead Hazard Screens
1.Paint Stabilization;
2.Interim Control;
3.Standard Treatment;and
4.Abatement
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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
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administer this Agreement so as to verify that CONTRACTOR is performing its
obligations in accordance with the terms and conditions thereof.
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CONTRACTOR and COUNTY shall comply with all applicable provisions of
law and the rules and regulations,if any,of governmental authorities having jurisdiction
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over matters of the subject thereof.
Because of its status as an independent contractor,CONTRACTOR shall
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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
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behalf of,its employees all legally-required employee benefits.In addition,
CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters
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relating to payment of CONTRACTOR's employees,including compliance with Social
Security withholding and all other regulations governing such matters.It is acknowledged
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that during the term of this Agreement,CONTRACTOR may be providing services to
others unrelated to the COUNTY or to this Agreement.
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VII.MODIFICATION
Any matters of this Agreement may be modified from time to time by the
written consent of all the parties without,in any way,affecting the remainder.19
20 VIII.NON-ASSIGNMENT
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Neither party shall assign,transfer or sub-contract this Agreement nor their
rights or duties under this Agreement without the prior written consent of the other party.
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IX.HOLD HARMLESS
CONTRACTOR agrees to indemnify,save,hold harmless,and at
COUNTY's request,defend the COUNTY,its officers,agents,and employees from any25
26 and all costs and expenses,damages,liabilities,claims,and losses occurring or resulting
to COUNTY in connection with the performance,or failure to perform,by27
28 CONTRACTOR,its officers,agents,or employees under this Agreement,and from any
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and all costs and expenses,damages,liabilities,claims,and losses occurring or resulting
to any person,firm,or corporation who may be injured or damaged by the performance,
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or failure to perform,of CONTRACTOR,its officers,agents,or employees under this
Agreement.
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x.INSURANCE
Without limiting the COUNTY's right to obtain indemnification from
CONTRACTOR or any third parties,CONTRACTOR,at its sole expense,shall7
8 maintain in full force and effect the following insurance policies throughout the term of
this Agreement:9
10 A.Commercial General Liability -Commercial General Liability
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Insurance with limits of not less than One Million Dollars ($1,000,000)per occurrence
and an annual aggregate of Two Million Dollars ($2,000,000).This policy shall be
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issued on a per occurrence basis.COUNTY may require specific coverage including
completed operations,products liability,contractual liability,Explosion-Collapse-
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Underground,fire legal liability or any other liability insurance deemed necessary
because of the nature of this contract..
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B.Automobile Liability -Comprehensive Automobile Liability
Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand
Dollars ($250,000)per person,Five Hundred Thousand Dollars ($500,000)per19
20 accident and for property damages of not less than Fifty Thousand Dollars ($50,000),
or such coverage with a combined single limit of Five Hundred Thousand Dollars21
22 ($500,000).Coverage should include owned and non-owned vehicles used in
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connection with this Agreement.
C.Professional Liability -Professional Liability Insurance with limits of
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not less than One Million Dollars ($1,000,000)per occurrence,Three Million Dollars
($3,000,000)annual aggregate,if CONTRACTOR employs licensed professional staff,
27 (e.g.,Ph.D.,R.N.,L.C.S.W.,M.F.C.C.)in providing services.
28 III
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D.Worker's Compensation -A policy of Worker's Compensation
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insurance as may be required by the California Labor Code.
CONTRACTOR shall obtain endorsements to the Commercial General
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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
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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,
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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
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without a minimum of thirty (30)days advance written notice given to COUNTY.
Within Thirty (30)days from the date CONTRACTOR executes this
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Agreement,CONTRACTOR shall provide certificates of insurance and endorsement as
stated above for all of the foregoing policies,as required herein,to COUNTY Affordable
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Housing Programs Manager,Community Development Division,Department of Public
Works and Planning,2220 Tulare Street,8th Floor,Fresno,CA 93721,stating that such
insurance coverage have been obtained and are in full force;that the County of Fresno,16
17 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,18
19 its officers,agents and employees,individually and collectively,as additional insured,but
only insofar as the operations under this Agreement are concerned;that such coverage20
21 for additional insured shall apply as primary insurance and any other insurance,or
self-insurance,maintained by COUNTY,its officers,agents and employees,shall be22
23 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 of24
25 thirty (30)days advance,written notice given to COUNTY.
In the event CONTRACTOR fails to keep in effect at all times insurance26
27 coverage as herein provided,the COUNTY may,in addition to other remedies it may
28 have,suspend or terminate this Agreement upon the occurrence of such event.
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All policies shall be with admitted insurers licensed to do business in the
State of California.Insurance purchased shall be purchased from companies
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possessing a current A.M.Best,Inc.rating of B+FSC VIII or better.
XI.AUDITS AND INSPECTIONS
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The CONTRACTOR shall at any time during business hours,and as often
as the COUNTY may deem necessary,make available to the COUNTY for examination
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all of its records and data with respect to the matters covered by this Agreement.The
CONTRACTOR shall,upon request by the COUNTY,permit the COUNTY to audit and
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inspect all of such records and data necessary to ensure CONTRACTOR's compliance
with the terms of this Agreement.
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If this Agreement exceeds ten thousand dollars ($10,000),CONTRACTOR
shall be subject to the examination and audit of the Auditor General for a period of three
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(3)years after final payment under contract (Government Code Section 8546.7).
XII.NOTICES
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The persons and their addresses having authority to give and receive
notices under this Agreement include the following:
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COUNTY OF FRESNO
Affordable Housing Programs Manager
Community Development Division
Department of Public Works and Planning
2220 Tulare Street,8thFloor
Fresno,CA 93721
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CONTRACTOR
President/Chief Executive Officer
AAA San Joaquin Environmental
7257 North Maple Avenue
Fresno,CA 93650
Any and all notices between the COUNTY and the CONTRACTOR
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provided for or permitted under this Agreement or by law shall be in writing and shall be
deemed duly served when personally delivered to one of the parties,or in lieu of such
27 personal services,when deposited in the United States Mail,postage prepaid,addressed
28 to such party.
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XIII.VENUE;GOVERNING LAW
Venue for any action arising out of or related to this Agreement shall only
be in Fresno County,California.3
4 The rights and obligations of the parties and all interpretation and
performance of this Agreement shall be governed in all respects by the laws of the State5
6 of California.
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XIV.ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the
CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes9
10 all previous Agreement negotiations,proposals,commitments,writings,advertisements,
publications,and understanding of any nature whatsoever unless expressly included in11
12 this Agreement.In the event of any inconsistency in interpreting the documents which
constitute this Agreement,the inconsistency shall be resolved by giving precedence in13
14 the following order of priority:(1)the text of this Agreement;(2)the COUNTY's Request
for Quotation No.315-3879;and (3)the CONTRACTOR quotation made in response to15
16 COUNTY's Request for Quotation No.315-3879.
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26 /II
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Attachment "A"
COUNTY OF FRESNO
REQUEST FOR QUOTATION
NUMBER: 315-3879
LEAD BASED PAINT TESTING
PURCHASING USE
ORGIREQUISITION: 72051 7204000014 tnl G:\RFQ\315-3879 LEAD BASED PAINT TESTING.DOC
IMPORTANT: SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER, CLOSING DATE AND BUYER'S NAME
MARKED CLEARLY ON THE OUTSIDE TO:
COUNTY OF FRESNO, Purchasing
4525 EAST HAMILTON AVENUE
FRESNO, CA 93702-4599
QUOTES WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M.
Quotes will be opened and publicly read at that time. All quotation information will be available for review after contract award.
Clarification of specifications are to be directed to: Ken Voua, phone (559) 456-71 10, FAX (559) 456-7831,
GENERAL CONDITIONS
See "County Of Fresno Purchasing Standard Instructions And Conditions For Request For Proposals (RFP'S)
and Requests for Quotations (RFQ'S)" attached.
UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE ATTACHED QUOTATION SCHEDULE AT
THE PRICES AND TERMS STATED, SUBJECT TO THE "COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND
CONDITIONS FOR REQUEST FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S)"ATTACHED.
Except as noted on individual items, the following will apply to all items in the Quotation Schedule.
1. Complete delivery will be made within calendar days after receipt of Order.
2. A cash discount of % days will apply.
ADDRESS
CITY STATE ZIP CODE
0 0
TELEPHONE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS
TAXPAYER FEDERAL I.D. NO.:
SIGNED BY
PRINT NAME
; .* TITLE
Quotation No. 31 5-3879
costs and whose product andlor service is deemed to be in the best
interest of the County. The county shall be the sole judge in making such
determination.
0) Unless bidder gives notice of all-or-none award in bid. County may accept
any item, group of items or on the basis of total bid.
C) The County reserves the right to reject any and all bids and to waive
informalities or irregularities in bids.
D) After award, all bids shall be open to public inspection. The County
assumes no responsibility for the confidentiality of information offered in
a bid.
PARTICIPATION:
Bidder may agree to extend the terms of the resulting contract to other political
subdivision, municipalities and tax-supported agencies.
Such participating Governmental bodies shall make purchases in their own
name, make payment directly to bidder, and be liable directly to the bidder,
holding the County of Fresno harmless.
PREFERENCERIE BIDS:
All other factors being equal, the contract shall be awarded to the Fresno
County vendor or, if neither or both are Fresno County vendors, it may be
awarded by the flip of a coin in the presence of witnesses or the entire bid may
be rejected and re-bid.
PATENT INDEMNITY:
The vendor shall hold the County, its officers, agents and employees, harmless
from liability of any nature or kind, including costs and expenses, for
infringement or use of any copyrighted or uncopyrighted composition, secret
process, patented or unpatented invention, article or appliance furnished or
used in connection with this bid.
SAMPLES:
Samples, when required, must be furnished and delivered free and, if not
destroyed by tests, will upon written request (within 30 days of bid closing date)
be returned at the bidder's expense. In the absence of such notification,
County shall have the right to dispose of the samples in whatever manner it
deems appropriate.
RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT:
In case of default by vendor, the County may procure the articles or
service from another source and may recover the cost difference and
related expenses occasioned thereby from any unpaid balance due the
vendor or by proceeding against performance bond of the vendor, if any,
or by suit against the vendor. The prices paid by the County shall be
considered the prevailing market price at the time such purchase is
made.
Articles or services, which upon delivery inspection do not meet
specifications, will be rejected and the vendor will be considered in
default. Vendor shall reimburse County for expenses related to delivery
of non-specified goods or services.
Regardless of F.O.B. point, vendor agrees to bear all risks of loss, injury
or destruction to goods and materials ordered herein which occur prior to
delivery and such loss, injury or destruction shall not release vendor from
any obligation hereunder.
DISCOUNTS:
Terms of less than 15 days for cash payment will be considered as net in
evaluating this bid. A discount for payment within fifteen (15) days or more will be
considered in determining the award of bid. Discount period will commence either
the later of delivery or receipt of invoice by the County. Standard terms are Net
Forty-five (45) days.
SPECIAL CONDITIONS IN BID SCHEDULE SUPERSEDE GENERAL
CONDITIONS.
The 'General Conditions" of this RFPIRFQ shall be superseded if in conflict with
any other section of this bid.
SPECIAL REQUIREMENT:
With the invoice or within twenty-five (25) days of delivery, the seller must provide
to the County a Malerial Safety Data Sheet for each product, which contains any
substance on 'The List of 800 Hazardous Substances", published by the State
Director of Industrial Relations. (See Hazardous Substances Information and
Training Act. Californ~a State Labor Code Sections 6360 through 6399.7.)
RECYCLED PRODUCTSIMATERIALS:
Vendors are encouraged to provide and quote (with documentation) recycled or
recyclable productslmaterials which meet stated specifications.
YEAR COMPLIANCE WARRANTY
Vendor warrants that any product furnished pursuant to this Agreementlorder shall
support a four-digit year format and be able to accurately process date and time
data from, into and between the twentieth and twenty-first centuries, as well as leap
year calculations. "Product"shal1 include, without limitation, any piece or
component of equipment, hardware, firmware, middleware, custom or commercial
software, or internal components or subroutines therein. This warranty shall
survive termination or expiration of this Agreement.
In the event of any decrease in product functionality or accuracy related to time
andlor date data related codes andlor internal subroutines that impede the product
from operating correctly using dates beyond December 31, 1999, vendor shall
restore or repair the product to the same level of functionality as warranted herein,
so as to minimize interruption to County's ongoing business process, time being of
the essence. In the event that such warranty compliance requires the acquisition
of additional programs, the expense for any such associated or additional
acquisitions, which may be required, including, without limitation, data conversion
tools, shall be borne exclusively by vendor. Nothing in this warranty shall be
construed to limit any rights or remedies the County may otherwise have under this
Agreement with respect to defects other than year performance.
Quotation No. 31 5-3879 Page 3
discrepancies in or omissions from the RFQ or has any doubt as to the true meaning or
interpretation, correction thereof may be requested at the scheduled Vendor Conference (see
below). Any change in the RFQ will be made only by written addendum, duly issued by the
County. The County will not be responsible for any other explanations or interpretations.
Questions may be submitted subsequent to the Vendor Conference, subject to the following
conditions:
a. Such questions are submitted in writing to the County's Purchasing Unit not later than the
close of business on the second day following the Vendor Conference. Questions must be
directed to the attention of the buyer identified on page one.
b. Such questions are submitted with the understanding that County can respond only to
questions it considers material in nature.
Questions shall be delivered to the County of Fresno Purchasing Division, 4525 E. Hamilton
Avenue, Fresno, CA 93702 or emailed to kvozza@fresno.ca.sov or faxed to (559) 456-7831. If
faxing the bidder must confirm receipt by phone within one-half (112) hour of transmission.
NOTE: The bidder is encouraged to submit all questions at the Vendor Conference. Time
limitations can prevent a response to questions submitted after the conference.
QUANTITIES: Quantities shown in the bid schedule are approximate and the County
guarantees no minimum amount. The County reserves the right to increase or decrease
quantities.
VENDOR CONFERENCE: On September 9, 2003 at 1:30 P.M. a vendor's conference will be
held in which the scope of the project and quotation requirements will be explained. The
meeting will be held at the office of the County of Fresno Purchasing Division, 4525 E.
Hamilton (between Cedar and Maple), Fresno, California. Minutes will be prepared and
distributed to all bidders only if necessary to clarify substantive items raised during the
bidders' conference.
Bidders are to contact Ken Vozza at the County of Fresno Purchasing Unit, (559) 456-71 10, if
they are planning to attend the conference.
CONTRACT TERM: It is County's intent to contract with the successful bidder for a term of
one (1) year with the option to renew for three (3) additional one (1) year periods.
TERMINATION: This agreement may be terminated by the County at any time upon written
notice.
HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save hold harmless and at
County's request, defend its officers agents and employees, from any and all costs and
expenses, damages, liabilities, claims and losses occurring or resulting to County in
connection with the performance, or failure to perform, by Contractor, its officers, agents or
employees under this agreement and from any and all costs and expenses, damages,
liabilities, claims and losses occurring or resulting to any person, firm or corporation who may
be injured or damaged by the performance, or failure to perform, of Contractor, its officers,
agents or employees under this agreement.
INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed
by Bidder under this agreement, it is mutually understood and agreed that Bidder, including
any and all of Bidder'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.
G \RFfl\715-?R79 I FAn RASFn PAINT TFSTlNC nfl?
Quotation No. 31 5-3879 Page 5
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, Purchasing Manager,
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.
All policies shall be with admitted insurers licensed to do business in the State of California.
lnsurance purchased shall be purchased from companies possessing a current A.M. Best, Inc.
rating of B+ FSC Vlll or better.
Name of lnsurance Carrier:
Public Liability: Expires:
Workman's Compensation: Expires:
Proof of maintenance of adequate insurance yiJ be required before award is made to vendor.
GUARANTEE: The bidder shall state his written guarantee here:
Quotation No. 315-3879
SCOPE OF WORK
Page 7
TESTING-LEAD BASED PAINT
The County of Fresno is soliciting bids to establish an agreement under which the successful
bidder will provide all labor, equipment, etc. from qualified vendors to identify lead-based paint
and provide clearances on houses rehabilitated through the County's Affordable Housing
Program (AHP). It is projected that approximately 75 homes will require these services. The
County annually receives Community Development Block Grant (CDBG) and Home
Investments in Partnerships (HOME) funds from the U. S. Department of Housing and Urban
Development (HUD). These projects are subject to HUD Lead-Based Paint regulations at 24
CFR, Part 35, Subpart J published September 15, 1999 and effective September 15, 2000.
All services must comply with the above referenced regulation. Vendors must be certified by the
appropriate agencies to identify lead-based paint, provide appropriate treatment methods,
clearance reports, clear and succinct written specifications, and have the ability to work with
contractors who are responsible for the removal or reduction of lead-based paint materials.
A typical substandard dwelling to be rehabilitated through the County's AHP program is as
follows:
36 - 60+ years old
1200 -1 800 Sq. Ft. in size
Wood or stucco siding
Sheet rock or plastered walls
Concrete or wood floors
Wood sash or aluminum framed windows
Wood or composition shingles
Typical rehabilitation activities include:
lnstallation or repair of foundations
lnstallation or repair of floors
lnstallation or repair of plumbing systems
lnstallation or repair of electrical systems
lnstallation or repair of roof systems
Removallreinstallation of wall systems
Rernovallreinstallation of walllceiling coverings
Removallreinstallation of window units
RemovaIlreinstallation of coolinglheating systems including duct work
Removallreinstallation of cabinets
Removallreinstallation of exterior wall coveringlfascia board
lnstallation of room additions including bathrooms
The following requested services apply to both the interior and exterior of the dwellings:
Risk Assessment
Perform the risk assessment, visual assessment, or lead-based paint testing within three (3)
County business days of the County's request.
: .O
Quotation No. 31 5-3879 Page 9
Note that the stated quantities are estimates only. The County makes no guarantee with
regard to maximum or minimum quantities to be provided under the ensuing agreement. The
actual quantity of services required may be greater than or less than those indicated above.
Quotation No. 31 5-3879
QUOTATION SCHEDULE
Page 11
All labor, materials, sampling, testing, transportation, training, taxes, fees etc. to perform the
following services as specified under this RFQ.
1. Risk Assessment, as specified 1 ea $
2. Written Specifications Report, as specified 1 ea $
3. Clearance Examinations, as specified 1 ea $
* Award to be based on this total.