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HomeMy WebLinkAbout24264COUNTY OF FRESNO PROCUREMENT AGREEMENT Agreement Number 250167E April 8,2005 D &C Towing 4065 E.Washington Fresno,CA 93727 The County of Fresno (County)hereby contracts with D &C Towing (Contractor)to provide Towing and Emergency Road Maintenance Services in accordance with Request for Quotation No.060-4041 and Attachment A,attached,and by this reference made a part hereof. TERM:This Agreement shall become effective May 1,2005 and shall remain in effect through April 30,2006. 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 accordance with invoicing instructions included in each order referencing this Agreement.The Agreement number must appear on all shipping d°P.$'mentsand invoices.Invoice terms shall be Net 45 Days,2%DisGoul.t 1~Days.}vvJV 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 paidfor satisfactoryservicesor suppliesprovidedto the dateof termination. G:\CONTRACTS &EXTRACTS\E\250167E D+C TOWING.DOC ,PROCUREMENTAGREEMENTNUMBER:250167E 0 &C Towing April 8,2005 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 tQ 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\250167E D+C TOWING.DOC PROCUREMENT AGREEMENT NUMBER:250167E D &C Towing April 8,2005 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. INDEPENDENTCONTRACTOR:In performanceof thework,duties and obligations assumedby Contractorunder this Agreement,it is mutuallyunderstoodand agreed G:\CONTRACTS&EXTRACTS\E\250167E D+C TOWING.DOC PROCUREMENT AGREEMENT NUMBER:250167E D &C Towing April 8,2005 Page 4 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",County's Request for Quotation No.060-4041 and the Contractor's Quote in response thereto);(2)Attachment "A";(3)the County's Request for Quotation No.060-4041 and (4)the Contractor's quotation made in response to County's Request for Quotation No.060-4041. 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. G:\CONTRACTS&EXTRACTS\E\250167E D+C TOWING.DOC PROCUREMENT AGREEMENT NUMBER:250167E D &C Towing April 8,2005 Page 5 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 Cathi J.Peters,Buyer III,at (559)456-7110 or FAX at (559)456-7831. FOR THE COUNTY OF FRESNO (~oo~//!£/~hJ Facility Services &Purchasing Manager 4525 East Hamilton Avenue Fresno,CA 702-4599 Date:<!JI 3 MGB:CJP:jlg G:\CONTRACTS &EXTRACTS\E\250167E D+C TOWING.DOC G:\CONTRACTS &EXTRACTS\E\250167E D+C TOWING.DOC PROCUREMENT AGREEMENT NUMBER:250167E D &C Towing April 8,2005 Attachment Page 1 of 1 A TTACHMENT '~" (Light Duty) All labor,materials,taxes,equipment etc.to perform services as specified. RATE A)ZONE "A" 1.Basic Tow Service $30.00 per service 2.Emergency Road Service $30.00 per service 3.Rescue and Recovery *$30.00 per hour 4.Multiple Tows $45.00 per service 5.Dealer Tows $30.00 per service B)ZONE "B" 1. 2. 3. 4. Basic Tow Service $45.00 per service Emergency Road Service $45.00 per service Rescueand Recovery ,$45.00 per hour Multiple Tows $67.50 per service C)ZONE "C" 1.Basic Tow Service $65.00 per service 2.Emergency Road Service $65.00 per service 3.Rescue and Recovery $65.00 per hour D)ZONE "0" 1.Basic Tow Service $85.00 per service 2.Emergency Road Service $85.00 per service 3.Rescue and Recovery $85.00 per hour E)ZONE "E" 1. 2. 3. ZONE "F" 1.Basic Tow Service $110.00 per service 2.Emergency Road Service $110.00 per service 3.Rescue and Recovery $110.00 per hour ALL ZONES Basic Tow Service $110.00 per service Emergency Road Service $110.00 per service Rescue and Recovery $110.00 per hour F) G) 1.Standby Time **$50.00 per hour 2.Dolly Charge $30.00 flat rate *Hourly rate commences when the tow truck arrives at the specified location. **One half hour minimum in quarter hour increments. G:\CONTRACTS&EXTRACTS\E\250167E D+C TOWING.DOC .QliOTATION NO.060-4041 BIDDER TO COMPLETE: Page 9 Name of Insurance Carrier:fl C CJ 12 0 L/IV.(;,1L IV 6-£#G /lIJL Commercial General Liability:j;tJ OOi /JOO ././ f/Y >'1//J IJI/C E Expires:7-;L /--.0 S- Workman's Compensation:Expires: !J t)OOJ 0'00/ Garage Keepers Legal Liability:~11tJo,CJ00../ GUARANTEED PICK-UP AND/OR DELIVERY:Bidder will be considered in award of bid only if they can guarantee response time.Enter guarantee on this line (Le.number of minutes from receipt of service request to location named by authorized County representative): Expires:7 .-AI -cJ S Expires:7 -:2-)-0 5 Automobile Liability: By: (Authorized Signature) Purchase Order mailing address: r::'\PI=()\nhn-4n41 TOWING AND EMERGENCY ROAD SERVICE.DOC ,.QUOTATION NO.060-4041 Page 10 BIDDER TO COMPLETE THE FOLLOWING: PARTICIPATION The County of Fresno is a member of the Central Valley Purchasing Group.This group consists of Fresno,Kern,Kings,and Tulare Counties and all governmental,tax supported agencies within these counties.. Whenever possible,these agencies co-op (piggyback)on contracts put in place by one of the other agencies. Any agency choosing to avail itself of this opportunity,will make purchases in their own name,make payment directly to the contractor,be liable to the contractor and vice versa,per the terms of the. original contract,all the while holding the County of Fresno harmless.If awarded this contract, please indicate whether you would extend the same terms .and conditions to all tax supported agencies within this group as you are proposing to extend to Fresno County. 129 Yes,we will extend contract terms and conditions to all qualified agencies within theCentralValleyPurchasingGroup. U~:e willn. ot extend contract terms to any agency other than the County of Fresno. .~o£Ja<A (l //(Authorized OWNer-Title .,QUOTATION NO.060-4041 Page 11 VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR QUOTATION, Firm:D +C -r 0 L.-0 i TV 0' REFERENCE LIST The bidder shall submit a list of at least five (5)customer references.Such references shall be customers for whom the vendor has recently performed similar services. Reference Name:"F re"5 N ()0 ode{f' Contact:-::fu.-.d'1 --r h D(Yla C;. Date and Service Provided: City:r re.'S N 0 Phone No.:-L{~1-LfOD0 ~.'_'0""''~\'~nl""'.'.:'''',,~,:'''':?..M_'''''''::''...!',..~.~,._:.....!~:'"''"..",L~ Reference Name: Contact: o-\-R. Vi c.-ki oC\v City:r='r e.~f-J 6 Phone No.:;2 to Co -to 0 ~0 Date and Service Provided: =='.'..":"'....-.~,""_...~..,,"-'~~ Reference Name:~ho ()r'\p So J\J 5 City:F ('-e..S N {j Contact:Je.cr}0 r I~,'c.I'(--rhornOSOrr!one No.:Lj c;;to -0 "728I Date and Service Provided: ,",~-"..~.",~,_.'.~~~-.~_.::.~",..':~;¥~:.T Z.ft"~~.2Sr .~.r!'!i~1',,-.tt:1 Reference Name:--r;}Y\.+----roh'\JNL/~City: Contact:~rr.or ~oh~I!V~-Phone No.:Date and Service Provided: F'reSl\JO eouLf~~-9;2 J:~--~,~_'L...--;!II Reference Name:CoP Q r--t Contact:.D Q r r E-/ Date and Service Provided: BJ<\tJ S City:F''(e:;tV () Phone No.:::2 ~Co-ro LJc6 FAILURE TO PROVIDE A LIST OF A T LEAST FIVE (5)CUSTOMERS MA Y BE CAUSE FOR REJECTION OF THIS RFQ. -- ..QUOTATION NO.060-4041 Bidder's Name:P +-c...to \.U ~~~ QUOTATION SCHEDULE -GROUP I Page 19 *Hourly rate commences when the tow truck arrives at the specified location. ..One half hour minimum in quarter hour increments. (Light Duty) All labor,materials,taxes,equipment etc.to perform services as specified within this Request for Quotation.Note:Service cost must include all mileage.Failure to bid as instructed will result in rejection of bid. RATE A)ZONE "A" 00 1.Basic Tow Service $OO per service 2.Emergency Road Service $:'0,°(')per service 3.Rescue and Recovery *$301-,,,,,,per hour 4.Multiple Tows $L-i5."()per service 5.Dealer Tows $'2>00°0 per service B)ZONE "B" 1.Basic Tow Service $5Q .per service 2.Emergency Road Service $1-f5..per service 3.Rescue and Recovery $4'5",-'"per hour 4.Multiple Tows $£(7--r..:;0 per service C)ZONE "C" (p5" --1.Basic Tow Service $per service 2.Emergency Road Service $l?S..-per service 3.Rescue and Recovery $l 5'..'---per hour D)ZONE "0" 1.Basic Tow Service $_B5.-per service- 2.Emergency Road Service $'OS..per service 3.Rescue and Recovery $S..per hour E)ZONE "E" 1.Basic Tow Service $/lO.--per service 2.Emergency Road Service $I(D.'-per service 3.Rescue and Recovery $110.-per hour F)ZONE "F" ...---1.Basic Tow Service $110.per service 2.Emergency Road Service $116.-- per service 3.Rescue and Recovery $,,0.-per hour G)ALL ZONES iJfI §0 .---per hour1.StandbyTime ** 2.Dolly Charge $3{).-flat rate ,.QUOTA TION NO.060-4041 Bidder's Name:f)/C Tow /..v G- Quotation Schedule -GROUP I Light Duty Zone A A Estimated Quantities Basic Tow Service Emergency Road Service Multiple Tows Rescue &Recovery Standby Time Dealer Tows 370 40 29 5 hours 6 hours 18 Zone B Basic Tow Service Emergency Road Service Rescue &Recovery Multiple Tows Zone C 60 4 5 hours 5 Basic Tow Service Emergency Road Service Rescue &Recovery 48 14 1 hour Zone D Basic Tow Service Emergency Road Service Rescue &Recovery 5 12 1 hour Zone E Basic Tow Service Emergency Road Service Rescue &Recovery 5 1 1 hour Zone F Basic Tow Service Emergency Road Service Rescue &Recovery 5 2 1 hour TOTAL GROUP I .*TAKEN FROM QUOTATION SCHEDULE -PAGE 19 **COLUMN A X COLUMN 8 =COLUMN C f""'.\~"'rI\"""A"Ai TrlW'''If'.:A"ln i=Mi=Rf'.:FNr.V ROAD SERVICE.DOC B. *Service Rate $JtJ~ $30~ $if 5".:!!:. $::3 t:J ~'- $~6~tJ ';y $go ~ $i/5"t7 $''I5'~ $f;5"4 $t1~ '5~ $/5 cr ~t5~ d~ $r!5~ $1;;/d" $(5 $I III Z $/I tJ err $II tJ /' trff- $/ItJ ~- $ild cnr $IJ V' Page 21 C. **Total $Jj jde?~-- $p:-CJO ~ $t-305;;:- $ICO~' $31/&~ $5',/0 ~ 1ft!" $j..7tJt/~ $I fICJ ;;~ $J..:;1./;5'.t/ $;J7 ~ $J/t ()t'~ $tfl ...- $t 6-t::Y" 'fJ5~ ~J()J.-tJ ~ $ffS"~ $f"5tJ ~ $1/(/~ $lid ~ $5f()~ $J.J-Otf1" $/it)(/1f $~ Qu.otation No.060-4041 Bidder's Name zzL C. Page 23 / TtJ W //1/6- BIDDER QUESTIONNAIRE BIDDER TO COMPLETE 1.How many years have you been in the towing business?LL 2.How many trucks does your company operate?~ 3.List type of tow trucks your company operates,including quantity of each type,age, capacity of tow. ~CJd ;::1<.f.lb-JIIL/v?IC I~L;:;/8 E /) /998 r,fEitI/TJ./A/PIl w/-JEE£L.//:/", 26:("00 &-ytv ... 2..b 000 6-l/t-t/./ 4.~ow many drivers does your company have available to perform the specified services? L 5.Specify phone number where service may be obtaina::Jseven (7)days a week- twenty-four (24)houfs per day. (5"5-q)b ~J'737A.... 6.What is the maximum weight of heavy equipment your company can tow safely? /cJJtJtJO --/2,000 /J./ 7.Does your company have ability to tow multiple vehicles (cars)at the same time? YE;; 8.What is the number of vehicles your company can safely/legally tow with one tow truck? :L. G:\RFQI060-4041 TOWING AND EMERGENCYROADSERVICE.DOC Quotation No.060-4041 Page 24 9.How do you charge for multiple tows?Ii ();V :2~PAl Cf'7C7V./ 10.Do you anticipate an increase in vehicles if awarded this contract?,ft/t? 11.What are the locations of your tow vehicles ~ddress/City)? Day LJc;6.5Y E,Jv/Jc:;/I/IY~/t:JV -F/?£$;L/O Night ;)/9-fir}IE 12.If unable to begin removal work upon arrival at location,at what point does standby time commence (Le.fifteen (15)minutes after arrival)? I 12 L!:!jY 13.What is the minimum time charge for rescue and recovery serviCE?.J£/-//{ 14.The County is requesting a verbal response within fifteen (15)minutes of receipt of request.Would your company be able to offer a guaranteed sooner response time? If so,state response time:./11 11M £elF minutes. C/JL L G:IRFOIOnO-4041TOWING AND EMERGENCY ROAD SERVICE.DOC QUOTATION NO.060-4041 SPECIFICA TION Note:The reference to "Fleet Services"refers to both General Services Department-Fleet and Sheriff Department Fleet.The successful bidder(s)shall provide the following services: Ability to provide towing services and emergency road services, twenty-four (24)hours a day,seven (7)days a week for County vehicles that may be inoperable at various County locations. Furnish the County with one telephone number for twenty-four (24) hour service.The telephone calls may be forwarded to another number,but not to an answering machine.The vendor(s)must notify the County of any changes in telephone numbers or method of answering calls for services. All of the vendor(s)towing vehicles shall be equipped with cellular phones.The cellular number must be provided to the County representative. When requesting service,the County will identify the vehicle,and approximate location with the initial telephone request.Additional information such as type of service (tow,jump start etc),County identification number,operator location,vehicle key location or any special request (multiple tows,recovery etc)will be provided if available. Provide a verbal response.within fifteen (15)minutes and be in route within thirty (30)minutes of receiving the service request by an authorized County representative.(Note:The in route time within thirty minutes of receiving the service request includes the vendors allotted fifteen (15)minutes to provide a verbal response).THIS IS NOT A FORTY-FIVE (45)MINUTES TOTAL IN ROUTE.The verbal response back to the County must include estimated time before the tow truck is in route,location of tow truck and estimated time of arrival.If the vendor is previously committed or unable to be in route within thirty (30) minutes,vendor is to contact the County within the fifteen (15)minute verbal response time and indicate when they can respond.The County will make the decision to continue with the primary vendor or connect a secondary vendor. .Response time will start with initial phone call from the County. ~,.. Page 13 COMPLIANCE YE7 iJj) YES f}iJ yes j)f)j) JjjiJ t£6£J QOOT A TION NO.060-4041 SPECIFICATION Respond to request for emergency road services to include lockout, tire change,vehicle jump starts and refueling.«Vendor to provide five (5)gallons of fuel and will be reimbursed by the County for actual costs). In the event the vendor arrives at the location and is unable to locate the vehicle,the vendor will contact the County for additional directions and make a reasonable effort to locate the vehicle. Ability to tow light duty vehicles and trucks,heavy duty trucks, equipment,trailers,sheriff patrol cars,etc.All equipment must be secured in a manner to prevent any damage to the equipment being towed.The vendor shall be responsible for any damage sustained to any vehicle from the origin of tow to the destination. Ability to perform rescue and recovery service and tow equipment with a gross weight of 60,000 pounds. Ability to tow two (2)or more vehicles to Fleet facilities.While the ability to tow multiple vehicles by a single tow vehicle is not a mandatory requirement,the frequency of this service is considerable. Ability to complete "Vehicle Condition Report"(Attachment "A")for each piece of equipment towed. Ability to provide the vehi~l_eoperator a ride to their place of work (within reason)or to Fleet Services. The successful bidder(s)shall have available qualified personnel for the operation of the towing service at all times.Such personnel shall be familiar and comply with all the terms and conditions of the contractual agreement between the County of Fresno and the contractor. Page 14 COMPLIANCE v---j)p,~ ~j)of) v---j)giJ 8,(}{JO LJo/) .[),fJ V- H;JJ ~ 1M2 L--( £Jf)£-- Towing equipment shall be subject to inspection and compliance with the California Vehicle code,by the California Highway Patrol.i4 .Q L--Successful bidder(s)will be required to provide proof of inspection.~ .Inspection and approval of the towing equipment by Fleet Services .may be necessary prior to the award of any contract.Any change or substitution of equipment may be subject to the prior written approval of the County.JJJj)V&7 ..QUOTATION NO.060-4041 SPECIFICATION The County of Fresno will be divided into six (6)geographic zone areas.The vendors shall provide pricing for each vehicle type,as specified on Quotation Schedule. COMPLIANCE i)J2 Page15