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HomeMy WebLinkAbout24225COUNTY OF FRESNO PROCUREMENT AGREEMENT Agreement Number250122E February 4,2005 AAA Sweeping Service P.O.Box 3316 Fresno,CA 93650-3316 The County of Fresno (County)hereby contracts with AAA Sweeping Service (Contractor) to provide Street Sweeping Services for CSA 34A Brighton Crest in accordance with Request for Quotation Number 988-4036 and Attachment A,attached,and by this reference made a part hereof. TERM:This Agreement shall become effective April 1,2005 and shall remain in effect through March 31,2006. RENEWAL: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:An itemized invoice in duplicate shall be mailed to requesting County department in accordancewith invoicing instructions included in each order referencingthis Agreement.The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. 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. G:\CONTRACTS &EXTRACTS\E\250122E AAA SWEEPING SERVICE.DOC, PROCUREMENT AGREEMENT NUMBER:250122E AAA Sweeping Service February 4,2005 Page 2 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. 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. G:\CONTRACTS &EXTRACTS\E\250122E AAA SWEEPING SERVICE.DOC PROCUREMENT AGREEMENT NUMBER:250122E AAA Sweeping Service February 4,2005 Page 3 C.Professional Liabilitv If Contractor employs licensed professional staff,(e.g.,Ph.D.,R.N.,L.C.S.W., M.F.C.C.)in providing services,Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00)per occurrence,Three Million Dollars ($3,000,000.00)annual aggregate. D.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. 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 G:\CONTRACTS &EXTRACTS\E\250122E AAA SWEEPING SERVICE.DOC PROCUREMENT AGREEMENT NUMBER:250122E AAA Sweeping Service February 4,2005 Page 4 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", County's Request for Quotation No.988-4036 and the Contractor's Quote in response thereto);(2)Attachment "A";(3)the County's Request for Quotation No.988-4036 and (4) the Contractor's quotation made in response to County's Request for Quotation No.988- 4036. 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. G:\CONTRACTS &EXTRACTS\E\250122E AAA SWEEPING SERVICE.DOC PROCUREMENT AGREEMENT NUMBER:250122E AAA Sweeping Service February 4,2005 Attachment Page 1 of 1 SERVICES A TTACHMENT '~" All labor,materials,taxes,insurance,etc.to provide street sweeping services for CSA 34A Brighton Crest as specified in Request for Quotation Number 988-4036. $400.00 Per Month (to be paid in arrears). $90.00 Per hour to perform additional services if requested in addition to normal monthly sweeping.Additional services performed at an hourly rate will be pre- approved in writing by the County. G:\CONTRACTS&EXTRACTS\E\250122E AAA SWEEPING SERVICE.DOC juotation No. 988-4036 RFQ, award(s) will be made to the most responsive responsible bidder. The evaluation will include such things as life-cycle cost, availability, delivery costs and whose product andlor service is deemed to be in the best interest of :he Ccunty. The counly shall be the sole judge in making such determination. 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. The County reservesthe right to reject any and all bids and to waive informalities or irreglllarities in bids. After award, all bids shall be open to public inspection. The County assumes no responsibility for the confidentiality of information offered in a bid. LOCAL VENDORS Lccal Vendor Preference (applicable to RFQ Process only) The following provisions are applicable oniy to the County's acquisition of materials, equipment or supplies through Ihe RFQ process when the funding source does not require an exemption to the Local Vendor Preference. THE PROVISIONS OF THlS PARAGRAPH ARE APPLICABLE, NOTWITHSTANDING ANY OTHER PROVISIONS OF THlS RFQ TO THE CONTRARY If the apparent low bidder is not a lccal vendor, any local vendor who submitted a bid which was within five percent (5%) of the lowest responsive bid as determined by the purchasing agent shall have the option of submitting a ne!v bid within forty-eight hours (not including weekends and holidays) of County's delivery of notification. Such new bids must be in an amount less than or equal to Ihe lowest responsive bid as determined by the purchasing agent. If the purchasing agent receives any new bids from local vendors who have the option of submitting nevi bids within said forty-eight hcur period, it shall award the contract to the local vendor submitting Ihe lowest responsible bid. If no new bids are received, the contract shall be awarded to the original low bidder as announced by the purchasing agent. Lccal Vendor Defined 'Local Vendor' shall mean any business which: 1. Has its headquarters, distribulion point or locally-owned franchise located in or having a street address within the County for at least six (6) months immediately prior to the issuance of the request for competitive bids by the purchasing agent; and 2. Holds any required business license by a jurisdiction located in Fresno County; and 3. Employs at least one (1) full-time or two (2) part-time employees whose primary residence is located within Fresno County, or if the business has no employees, shall be at least fifty percent (50%) owned by one or more persons whose primary residence(s) is located within Fresno County. TIE 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. If the General Requirements of this RFQ state that they are applicable, the provisions of the Fresno County Lccal Vendor Preference shall take priority over this paragraph. 8. 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. 3. SAMPLES: Samples, when required, must be furnished and delivered free and, if not destroyed by tests, will upon writien 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. 10. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT A) In case of default by vendor, the County may prccure 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 periormance 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. 8) 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. C) 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. 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. 12. SPECIAL CONDITIONS IN BID SCHEDULE SUPERSEDE GENERAL CONDITIONS. The 'General Conditions' provisions of this RFPlRFQ shall be superseded if in conflict with any other section of this bid, to the extent of any such conflict. 13. SPECIAL REQUIREMENT: With the invoice or within twenty-five (25) days of delivery, the seller must provide to the County a Material Safety Data Sheet for each product, which contains any substance on 'The List of 800 Hazardous Substances', published by the Slate Director of Industrial Relations. (See Hazardous Substances information and Training Act. California State Labor Code Sections 6360 through 6399.7.) 14. RECYCLED PRODUCTSIMATERIALS: Vendors are encouraged to provide and quote (viith documentation) recycled or recyclable productslmaterials which meet stated specifications. Quotation No. 988-4036 BIDDING INSTRUCTIONS Page 2 CONTRACT SERVICES The County of Fresno is soliciting bids to establish an agreement under which the successful bidder will provide all labor, materials, taxes, insurance, permits etc, as necessary to provide street sweeping services for CSA 34A Brighton Crest as specified within this Request for Quotation. DEFINITIONS: The terms Bidder, Proposer;Contractor and Vendor are all used interchangeably and refer to that person, partnership, corporation, organization, agency, etc. which is offering the quotation and is identified on page one of this Request For Quotation (RFQ). INTERPRETATION OF RFQ: Vendors must make careful examination of the requirements, specifications and conditions expressed in the RFQ and fully inform themselves as to the quality and character of services required. If any person planning to submit a quotation finds discrepancies in or omissions from the RFQ or has any doubt as to the true meaning or interpretation, correction thereof may be requested in writinq or by FAX (FAX No. (559) 456- 7831) from Purchasing. The deadline for submitting Requests for clarification is December 29, 2004 8:00 A.M. Questions shall be delivered to County of Fresno Purchasing, 4525 E. Hamilton Avenue, Fresno, CA 93702 or faxed to (559) 456-7831. If faxing the bidder must confirm receipt by phone within one-half (112) hour of transmission. NOTE: Time constraints will prevent County from responding to questions submitted after the cutoff date. Any change in the Request for Quotation will be made by written addendum issued by the County The County will not be responsible for any other explanations or interpretations. AWARD: Award will be made to the vendor(s) offering the services deemed to be to the best advantage of the County. The County shall be the sole judge in making such determination. The anticipated start date of the contract will be April 1, 2005. RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. ISSUING AGENT: This RFQ has been issued by County of Fresno Purchasing. Purchasing shall be the vendor's sole point of contact with regard to the RFQ, its content, and all issues concerning it. AUTHORIZED CONTACT: All communication regarding this RFQ shall be directed to an authorized representative of County Purchasing. The specific buyer managing this RFQ is identified on the cover page, along with his or her telephone number, and he or she should be the primary point of contact for discussions or information pertaining to the RFQ. Contact with any other County representative, including elected officials, for the purpose of discussing this RFQ, it content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in writing) with such other County representatives, may constitute grounds for rejection by Purchasing of the vendor's quotation. G:\RFQ\9884036 STREET SWEEPING SERVICES CSA34A BRIGHTON CRESTDOC Quotation No. 988-4036 Page 4 such an inquiry and agrees to make available to the County such books and records the County deems necessary to conduct the inquiry. EXCEPTIONS: Identify with explanation, any terms, conditions, specifications or stipulations of the RFQ with which you CAN NOT or WlLL NOT comply. UNLESS BIDDER NOTES EXCEPTIONS, THE SERVICES OFFERED WlLL BE ASSUMED TO BE IN ACCORDANCE WITH SPECIFICATIONS. I ADDENDUM: In the event that it becomes necessary to revise any part of this RFQ, an addendum will be provided to all agencies and organizations that receive the basic RFQ. SUBCONTRACTORS: If a subcontractor isproposed, complete identification of the subcontractor and his tasks shall be provided. The primary contractor is not relieved of any responsibility by virtue of using a subcontractor. CONFLICT OF INTEREST: The County shall not contract with, and shall reject any bid or quotation submitted by the persons or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract: Employees of the County or public agencies for which the Board of Supervisors is the governing body. Profit-making firms or businesses in which employees described in Subsection (1) serve as officers, principals, partners or major shareholders. Persons who, within the immediately preceding twelve (12) months, came within the provisions of Subsection (I), and who were employees in positions of substantial responsibility in the area of service to be performed by the contract, or participated in any way in developing the contract or its service specifications. Profit-making firms or businesses in which the former employees described in Subsection (3) serve as officers, principals, partners or major shareholders. No County employee whose position in the County enables him to influence the selection of a contractor for this RFQ, or any competing RFQ, and no spouse or economic dependent of such employee, shall be employees in any capacity by a bidder, or have any other direct or indirect financial interest in the selection of a contractor. INVOICING: All invoices are to be delivered in duplicate County of Fresno P.W.-Resources, 2220 Tulare, Sixth Floor, Fresno, CA 93721. Each invoice shall reference the purchase order or contract no. Invoice terms shall be net forty-five (45) days. PAYMENT: County will make partial payments for all services provided under the contract/purchase order and accumulated during the month. 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 two (2) additional one (1) year periods. PRICES: Bidder agrees that prices quoted are maximum for the contract period, and in the event of a price decline such lower prices shall be extended to the County of Fresno. CODES AND REGULATIONS: All work and material to conform to all applicable state and local codes and regulations. G:\RFQ\988-4036 STREET SWEEPING SERVICES CSA34A BRIGHTON CREST.DOC Quotation No. 988-4036 Page 6 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 the Agreement, Contractor may be providing services to others unrelated to the County or to the Agreement. HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save, hold harmless and at County's request, defend the County, 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. 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 the Agreement: A. Commercial General Liability Commercial General Liability lnsurance 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 issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liabilitv Comprehensive Automobile Liability lnsurance 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. Professional Liability If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability lnsurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Com~ensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. C,.\RFn\QRRdn?fi STRFET SWEEPING SERVICES CSA34A BRIGHTON CRESTDOC