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HomeMy WebLinkAbout24272COUNTY OF FRESNO PROCUREMENT AGREEMENT Agreement Nmnber 250177E April 12,2005 Tecni-Quip 960 Crossroads Blvd. Seguin,TX 78155 The County of Fresno (County)hereby contracts with Tecni-Quip (Contractor)to purchase Fiberglass Laundry Carts and Accessories in accordance with Attachment "A" and Request for Quotation No.500-4057,attached and by this reference made a part hereof. TERM:This Agreement shall become effective April 12,2005 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). MINIMUM ORDERS:Unless stated otherwise there shall be no minimum order quantity.The County reserves the right to increase or decrease orders or quantities. ORDERS:Orders will be placed on an as-needed basis by various County departments under this contract. 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. DELIVERY:The F.O.B.Point shall be the destination within the County of Fresno.All orders shall be delivered complete as specified.All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. 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 G:\CONTRACTS &EXTRACTS\E\250177E TECNI-QUIP.DOC PROCUREMENT AGREEMENT NUMBER:250177E Tecni-Quip April 12,2005 Page 2 this 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. 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 Liability 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 tiability,contractual liability,Explosion-Collapse-Underground,fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. G:\a:mRACTS &EXTRACTS\E\250177E TECNI--QJIP.DOC PROCUREMENT AGREEMENT NUMBER:250177E Tecni-Quip April 12,2005 Page 3 B.Automobile Liability 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.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 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. G:\<:r:NrnACTS &EXTRACrS\E\250177E TECNI--QJIP .DOC PROCUREMENT AGREEMENT NUMBER:250177E T ecni-Quip April 12,2005 Page 4 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 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 G:\o:roRACTS &EXTRACfS\E\250177E TE<M-QJIP.DOC PROCUREMENT AGREEMENT NUMBER:250177E Tecni-Quip April 12,2005 Page 5 precedence in the following order of priority:(1)the text of this Agreement (excluding Attachment "A",County's Request for Quotation No.500-4057 and the Contractor's Quote in response thereto);(2)Attachment "A";(3)the County's Request for Quotation No.500-4057 and (4)the Contractor's quotation made in response to County's Request for Quotation No.500-4057. GOVERNING LAWS:This Agreement shall be construed,interpretedand 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 Cathi J.Peters,Buyer III,at (559)456-7110 or FAX at (559)456-7831. FOR THE COUNTY OF FRESNO 4/orr~. in G.BIt>6m Facility Services &Purchasing Manager 4525 East HamHtonAvenue Fresno,CA~7~ Date:<II (~{- MGB:CJP:jlg G:\CONTRACTS &EXTRACTS\E\250177E TECNI-QUiP.DOC G:\<XNTRACTS &EXTRACTS\E\250177E TECNI-QJIP.DOC PROCUREMENT AGREEMENT NUMBER:250177E Tecni-Quip April 12,2005 ATTACHMENT ~" SUPPLIES Attachment Page 1 of 1 ITEM Fiberglass laundry Cart,Eighteen (18)Bushel with non- marking perimeter bumpers.Techni Quip Model TX-1018 Drain Hole Plug Polyurethane Tread Wheels Fire Retardant and Waterproof Vinyl Cover G:\<r.NTRACTS &EXTRACfS\E\250177E TE<NI-QJIP.DOC UNIT COST EA $559.00 EA $1.00 EA $13.50 EA $49.00 Quotation No.500-4057 COUNTYOFFRESNOPURCHASING STANDARDINSTRUCTIONSAND CONDITIONSFOR REQUESTSFOR PROPOSALS(RFP'S)AND REQUESTSFOR QUOTATIONS(RFQ'S] Note:the reference!o "bids'in 'he fo!!ow'ngcaragraohscDo!!eSto RFP'sand RFQ's GENERAL CONDITIONS By submittinga bid the bidce!'agreesto the followingconcw:cns Theseconditions will applyto all subsequentpurchasesbased on this bid, managingthisRFQis identifiedon the coverpage,alongwithhis or :e!ephonenumber,andheor sheshouldbe theprimarypointof contacl discussionsor informationpertainingto the RFQ.Contactwithany 01 Countyrepresentative,,indudingejected officials,for the purpose discussingthis RFQ,its content,or any other issue concemingit prohibitedunlessauthorizedby Purchasing,Violationof this clause,by vendorhavingunauthorizedcontact(verballyor in writing)withsuchot Countyrepresentatives,mayconstitutegroundsfor rejectionby Purchas of thevendor'squotation, 1. 2. BID PREPAK.A,T;C::~J A)All prices an::!r,Cjta,ionsmustbe ,yced'JrNr~t'e-,--,':;:;rasures permit1edErrcrs:ray be cossed OL::nJcle'c c"j CG"'7"CnSprinted in ink by per3Cl Slgn,,,gbid 8)Brand Nenes.5rend nanes and nurr:bU5 W1Er g,',er e'er ",':eference. Equal items wil'be considered.provlr;e'Jtr,eoffer clear!"cesc'loes the article and r.c:wII ,jiffers from :r.at spec:fiec I:;re iibs"~r;e of such inforrnatior it shall be u:.derstoodt~e oi'-::r'"9S exac:'y 2Ssceclfied. C)Statebrandor rr:akeof eachitem if biddingon s:he':~~i~s;:Jecified, state make,nodel and b:and be"g tic anc a't~cc sJPporting liieratu~espec:.i:ca"C.ns:c t~e tj D)Bid on each item separately.PrlCSS ShQu'j :e sta'ec 'e c-"5 "Jecified herein,/o.'!acol!cable cr.arl:;es rrcst b::cc;c:'e~0";"::'3 :-'";:Ice not quoted here,n '.1',:,te dIS2'CI'.'8':; E)Time 0:dei;ve~f ,5 a par1of the ccns:c:;'c'C"2"j Irs'e stated in definite terrT's c~C ee,LSibe adhe'ed 10 ::C ~='c":s"?:li ~:.:,c-::stination or freight c'lcrge5 '1'lJs!be s:a'ec: F\I All bids mes!be d2ted a:lc signea "'/I'~'''e '''TS ~a'~e :ore by an authorizedoHice'or employee G)Unless atherv/Iser.oted,pflces sr.a!!t::eil'T f:;':2:]'Jays 2He'closing date of bid SUBMITIING BDS A)Each bid must be sC1:Jr.lit1edon forms provl,je'J 11?seales r~velape with bid number and c!asing cate arc:'Ce c;r t::8 ('J'Slce of the envelope/package B)InterpretationSrSC1:da;;y d'screpanClesor 0rr:ISSiS~Sbe :~fd 'n the bid specifications0:dOt.;btas to their r.leanir1g,the bidder s,~,a';'lotlfy the Buyer in wr.ting at once The Countysf-,al!~o,Je ne'e 'es::Jcnslblefor verbalinte:pretar'ans CJesIionsr8\;aroi:1gtile ~).~CIUSt~e 'eceived by Purchasing 2\leas!5 worKingdays bei:ye cld ')oen,:1g :'.,'a::idenda issuedshaiibe !:1wr't;ng,dJlyissuecby:Jy.C:'1asinc::::n:::'~c~'Dorated into the contract C)ISSUINGAGE,\T',A.'JTr-'ORiZ::Demr ;,CT -'1s K"C ~r:;sc::enissued .by theCountyc'1=resno'sPurchasingUnto'~e PJrc~as!ng:..-,'shallbe thevendorssclepOintof contac~WllhregarJto t~eRFC)iiSccr:tent,and all issuesconcerningIt. All commUnicationregardlrgt~isRFCsnai:bedrecieato r:;:'authorized representative of the County's PurchaslOgUn!Tne scec::ic buyer 0) Theabovestatedrestrictionon vendorcontactwithCountyrepresentatil shallapplyuntiltheCountyhasawardeda purchaseorderor contractt vendororvendors,exceptasfollows.First,in theeventthata vendoriniti2 a formalprotestagainsttheRFQ,suchvendormaycontacttheappropri; individual,or individualswho are managingthat protestas outlinedin : County'sestablishedprotestprocedures.All such contactmust be accordancewith the sequenceset forth under the protestprocedur, Second,in the eventa publichearingis scheduledbeforethe Board Supervisorsto heartestimonypriorto its approvalof a purchaseorder contract,anyvendormayaddresstheBoard. Bidsreceivedafterthedosingtimewill NOTbeconsidered. ~I Biddersareto bidwhatis specifiedor requestedfirst.If unableto or willi to,bidder may bid altemativeor option,indicatingall advantagE disadvantagesandtheirassociatedcost. 3.FAILURETO BID: A)If notbidding,retumbidsheetandstatereasonfor nobidor yournamem. beremovedfrommailinglist. d TAXES,CHARGESAND EXTRAS: A)Countyof Fresnois subjectto Californiasalesand/oruse tax (7.875'1; Pleaseindicateasa separatelineitemif applicable. DONOTincludeFederalExciseTax.Countyis exemptunderRegistratic No.94-73-03401-K. 3) C)Countyis exemptfromFederalTransportationTax,Exemptioncertificate notrequiredwhereshippingpapersshowconsigneeas Countyof Fresno D)Chargesfortransportation,containers,packing,etc,will notbepaidunle~ specifiedin bid. 5 AWARDS: A)Subjectto thelocalpreferenceprovisionsreferencedin Paragraph6 belo\ andmorethoroughlysetforthin theGeneralRequirementssectionof thi Quotatipn No,500-4057 RFO.awaro(s)will be made:o the :neSt'espcnSlvef~s:::c:sltie bidder. The evaiuat;o~wi:!induce seen :hi~';S as i;fe-c,;::e :c:s:availability, delivery costs and w'lese prxuct and'er ser,:es:1ee~"ec:10be in the bestinterestoi (~eCountyThecc.;nr,shall~eme soie:'jCC:8in making such deter'1'oIf'atlon. B)Unlessbiddefgivesrotlced 2:1.:"'10re 3wa:::.~j'c C>.":.I --:ayaccept any item.grcue oj IteMsor on :re 8ass c'.~:":: C)The C:J~ntyrese~.;s-st'ls-fig!'::0 'e;".::~f':i ;;::.:}3"c:~s 3".::0 waive informa'ities or :rregular:les I:,oC:S D)A.fier award.an oles snail :::e ~se"::;:'jC'C "s:es:."~".eCounty assumes ~'Oreso01s:tility for :::e ::~:':~~"a t.,c:r;c""':::::offeredin a bid. 6.LOCAL VEt'<DCRS A)Lcca:VendiX F'e;ererce (apol:cable:o R~J =':xeso C~'.. The fol'owing Grev'Slonsare appilcat,'ec:niyto :ne CC:L~':S acquisition of materia~s.e<]c:pmentor supplies [hro,;~nIre ~=J c-::e,s whenthe funding scurce does net ~equ'rean exe"100r:,0 ire c )';31 Vendor Preference THE PROVISIONS OF -!--%D!-F';'::;=\.~;::'-:;=::~==~CABLE, NOTWITHSTAr-.:D:NGANY CT'-j~R=::;S'tS'miS SF T'-"S ~FQ TO T~E CONTRA.RY If the ap:;2rei1['ow bicder :5 r:':3 :cca',~iCV,r 3'1'1'::'.:3 .".,dor who submittec 3 ~rd W1X,1 \V2S '.'/'~r'1 five :,,':e~:::;",'c'Ice iowest ~esoonslve Did 2S deterTinec by :t-,eCC:~=''':2S'-:g 2~e~;3.'2';"a'le the option of su!:;O"':!rg a .'8W bid wi(hi:1 t2";";Tt ,,:curs :r::.:,rc!uding weekends and hC':dayoi:::f :::CJ":v s de ":p-:;c;ic::f,c,:::.::,"S~ch new bids must be 1'1an 2r.1CL:r:less !han 0'eC'J;::i:e i'18 fowes:-es:;,":sive bid as deterr.111e:cy :le purchas:rgagef11"ire e:I-Si2sr"":;:~"":eceives anynewbidsfrom.ocalver:dors'.'11':0 have Ir.e uS'if)"of Sc::i.',ringnew bids within said ~or1y-e:ghthO:Jroe'ioe ,t 3,,,,.(;',va'()t"'?:S"'cC:to the localvef1ao,SL:Dn:Ungthe IO'NeS[reseC1S,:e cc::'"::'.,.':aids are received.the c:::c'ac:t shall be awarc!ed'0 :he :"'g''1c '~".'.:'cder as anr;ouncec by t"e p~rc:hasirgage;:: B)Local Vef1dcrDe'ine.j 'Lecal Vendo;'sha;!mea;-any buslness r,'en 1.Has its headquarters,distributionpaint Dr:cca'IY-':'N'1ecfranchise located in or havi:1ga streetaddress withinthe Ccurry far at least six (6)monthsimMediatelyprior 10;he Issuancec':he rec:t.:estfor competitive bids by :he purchasingagent and 2.Holes any required business license by a ;l,riscic;'o-':Jcated in Fresno County;and 3.EmplQysat le"s:one (1)full-ti:-r.eor two (2)par.,;w,e errr810yees whose :Jr.mary residenceis locatedwit~ln FresnoCJuf'lv or if the business has no employees,shal!Je at 'eao:fifty pe-ce:->,(50%) owned 'Jy cne or more pe'sono whGsepr'ra,,!r'?,:cel'ce(s)is located within ~resn:JCounry 7.TIE BIDS All other factors being equaL the cont~actshali De.aw2,je'J :0 ;",'=resno Countyvenderor.:f re'tr.eror bothare FresnoCsur'v veracs :C'"",aybe awardedby the flip of a coin in the presenceof witnessesor the entire bid ma: rejected and re-bid.If the GeneralRequirementsof this RFO state that they aoplicable,theprovisionsoftheFresnoCountyLocalVendorPreferenceshall t priority over this paragraph. 8 FA,TENTINDEMNITY: ThevendorshallholdtheCounty,its officers.agentsandemployees,harml( f,omliabilityof anynatureor kind,includingcostsand expenses,for infringem or useof anycopyrightedor uncopyrightedcomposition.secretprocess.paten orunpatentedinvention,articleorappliancefurnishedorusedin connectionv chisbid. -SAMPLES: Samples,whenrequired,mustbefurnishedanddeliveredfreeand,if notdestroy ,:;ytests,willuponwrittenrequest(within30 daysof bidclosingdate)be returr at thebidder'sexpense.In theabsenceof suchnotification,Countyshallhavet .nght to dispose of the samplesin whatevermannerit deems appropriate. ~O.RIGHTSAND REMEDIESOF COUNTYFOR DEFAULT: 1>.)Incaseof defaultby vendor,theCountymayprocurethe articlesor servi from anothersourceand may recoverthe cost differenceand relatl expensesoccasionedtherebyfromanyunpaidbalanceduethevendoror : proceedingagainstperformancebondof thevender,if any,or bysuitagair, thevendor.ThepricespaidbytheCountyshallbe consideredtheprevailir marketpriceatthetimesuchpurchaseis made. 8)Articles or services.which upon delivery inspectiondo not me specifications.willbe rejectedandthe vendorwill be consideredin defau VendorshallreimburseCountyfor expensesrelatedto deliveryof nOi specifiedgoodsorservices. Regardlessof F,O.B.point.vendoragreesto bearall risksof loss,injuryI destructionto goodsand materialsorderedhereinwhich occur prior1 deliveryandsuchloss,injuryordestructionshallnotreleasevendorfromar obligationhereunder. r, ~i '1 JISCOUNTS: TerMSof less than 15 days for cash paymentwill be considered as net i evaiuatingthisbid.A discountfor paymentwithinfifteen(15)daysor morewill b- consideredin determiningtheawardof bid.Discountperiodwillcommenceeithe thelaterof deliveryor receiptof invoiceby theCounty.Standardtermsare Ne Forty-five(45)days. 12.SPECIALCONDITIONSIN BIDSCHEDULESUPERSEDEGENERAL CONDITIONS. The 'GeneralConditions'provisionsof this RFP/RFQshallbe supersededif ir conflictwithanyothersectionof thisbid,10theextentof anysuchconflict. 13 SPEG:ALREQUIREMENT: Wi:htheinvoiceorwithintwenty-five(25)daysof delivery,theseller must providE to theCountya MaterialSafetyDataSheetfor each product.whichcontains an) substanceon 'The Ust of 800 HazardousSubstances',publishedby the StatE Directorof IndustrialRelations.(SeeHazardousSubstancesInformationanc Tra;ningAct.CalifomiaStateLaborCodeSections6360through6399.7.) 14 R:::CYCLEDPRODUCTSIMATERIALS: Vendorsareencouragedto provideandquote(withdocumentation)recycfedor recyclableproducts/materialswhichmeel stated specifications. .,.....-...... Quotation No.500-4057 15.YEARCOMPlIA~CEWARRANTY Vendorwan-antsthat any productfumishec ~ursuar,:t::~hlsAgreement/order shall support a four-{jig:tyear format and be aole to accura'e:y :rxess date and time data from,into and betweenthe twenlietr ar.dtwe'1ly-;::s~centuries, as well as leaDyear calculations '?rcd;;c:'snail !r.c:ude.W,[hOl;!limitation, any piece or corrponent of equl~me!1!.i'arcware.tir~wa:2 :-r1:ddleware, customor commercialsof1\.vare.::>rinter"al cor;pcne"'5 or sut;'S'.;"nestherein. Thiswarrantyshallsurvivete:minaticr:or sx:;:r3;lc~Qfth:s .~.g-ser.ler.t. In the even!of any decreasein DrOO!Jctfunctionalitycr accurao -e:atetjto time andlor date cata rela:ed codes anc!or ,.,rerr,,:s.;t;-:ff1es :~3::"Ioede the product from aperating c:)f:e(;tly usir.g dates bevor.a C)ece"':Jer 31.1999, vendorshallrestoreor re;Jairthe :roductto 're sam,;;;'evel (JIf:.:nctio'1alityas warrantedherein.so as ~omin'mizei;:te-rup:':"te Scc:r':ys(;"';:::::-;'1business process,time being sf tr.e essence In :"e e'en!:~2!s.~::'warranty compliance requires 'r.e acqL';si!;on(JfadolLJnaio'ograms thf.exoense for any such associatedor additiona;ac<;c::si:!':'r.Sw~:ch ["'2:'::>e required, including,withoui limi:at'on,da:a ccnverson tools snail be C>':f"'2exclusively by vendor.Nothirgin thiswarranty5:,allbe CJrS"~2d to ':'~!;2'1Yrightsor remediesthe COL'f1:Yrray ot~erW'se.~aveunde't~s 4greerr,-,~:N:!h respect to defects other tna:1year perfor--:a~ce. 16.PARTIC!PA,iON: Bidder may agree:0 ex:end the te~Tn5cf the res,.!!;"!~':J,t:3C:',:J,o,e,Jfi)litical subdivision.m~niC:f)ai'!les and tax-suo ported a';Jer.G:'~s Such partic:patirg Governmentalbodies sha!'::;a~e p"'cr.,,ses :n their own name,make ~aymen~j;rect:y to bidder ar.Gt:-s:ac'e di-eel ::'re bidder, holding the County of Fresno harm'8SS QUOTATION NO.500-4057 Page.2 BIDDING INSTRUCTIONS The County of Fresno is reauest!'lg bids for Fiberglass Laundry Carts (55)as specified within this Request for Quotation Deliverv Address:Juvenile Justice Campus ,Attn:Kelly Graef.Kitchell Capital Expenditure Managers 3333 East American Ave. Fresno.CA 93725 Note Anticipated Delivery Date is November 1,2005.There will not be any locations available from the County for the temporary storage of the Laundry Carts.The successful vendor will be required to store and/or coordinate the delivery for the anticipated delivery date. All costs for storage and/or delivery must be included in the unit cost of each cart. LOCAL VENDOR PREFERENCE:The Local Vendor Preference applies to this Request for Quotation. AWARD:Award will be made to the vendor offering the equipment deemed to be to the best advantage of the County.The County will be the sole judge in making such determination. COPIES:Submit one (1)original and two (2)copies of your quotation no later than the RFQ closing date and time as stated on the front of this document,to the County of Fresno Purchasing Each copy to be identical to the original,including all supporting documentation (brochures.literature etc)The cover page pf each quotation is to be appropriately marked "Original"'or "Copy'". 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 RFO 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 RFO.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 Pur.chasing of the vendor's quotation. The above stated restrictionon ve~dor contact with Countyrepresentativesshall apply until the County has awarded a purchase order or contract to a vendor or vendors,except as follows.First,in the event that a vendor initiates a formal protest against the RFO,such vendor may contact the approoriate individual,or individuals who are managing that protest as outlined in the County's established protest procedures.All such contact must be in G:\RFQ\500.405TFIBE~Gi.ASS LAIJN~RY CAQ-:-Si55)JCC: ---.---------- QUOTATION NO.500-4057 Page 3 accordance with the sequence set forth under the protest procedures.Second,in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract,any vendor may address the Board. RIGHT TO REJECT BIDS The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. QUANTITIES'The County reserves the right to increase or decrease quantities. SPECIFICATIONS AND EQUALS.Brand names,where used,are a means of establishing quality and style.Bidders are invited to quote their equals.Altemate offers are to be supported by literature.which fully describes items that you are bidding. No exceptions to or deviations from this specification will be considered unless each exception or deviation is specifically stated by the bidder in the designated places.If no exceptions or deviations are shown the bidder will be required to furnish items exactly as specified herein.The burden of proof of compliance with this specification is the responsibility of the bidder. LITERATURE:Bidders shall submit literature,which fully describes items on which they are bidding,not later than the closing date of this bid.Any and all literature submitted must be stamped with bidders name and address. MERCHANDISE RETURNABLE FOR FULL CREDIT:Bidder agrees to accept for full credit any merchandise sold by him on contract or award resulting from this bid,if returned in good condition by the County GUARANTEE AGAINST DEFECTS All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for which they are designed. INVOICING:All Invoices are to be mailed in duplicate to the County of Fresno,Public Works- Design,2220 Tulare SL.Sixth Floor,Fresno,CA 93721.Invoice terms shall be net forty-five (45)days.Invoice shall reference the Purchase Order. 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 Liabilitv Commercial General Liability 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 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. G:\RFQ\50C-4057Fi8!:RGLASS LAU~JDRY(':,;;T<;'""'"'0('" QUOTATION NO.500-4057 Page 4 B.Automobile Liability 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 (S500.000.00)per accident and for property damages of not less than Fifty . Thousand Dollars (S50.00000)or such coverage with a combined single limit of Five Hundred Thousand Dollars (S500.000.00).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,individuallyand collectively, as additional insured.but only insofar as the operations under this Agreement are concerned. Such coverage for additlona!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 endorsementas 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 CommercialGeneral 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 VIII or better 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. G:\RFQ\5()()~09 FIBERGLASS LAUNDRY cAlns (55\Joe .-. QUOTATION NO.500-4057 Page'5 ASSURANCES:Any contract awarded under this RFQ must be carried out in full compliance with The Civil Rights Act of 1964.The Americans With Disabilities Act of 1990,their - subsequent amendments.and any and all other laws protecting the rights of individuals and agencies.The County of Fresno has a zero tolerance for discrimination,implied or expressed.and wants to ensure that policy continues under this RFQ.The contractor must also guarantee that services.or workmanship,provided will be performed in compliance with all applicable local.state.or federal laws and regulations pertinent to the types of services,or project.of the nature required under this RFQ.In addition,the contractor may be required to provide evidence substantiating that their employees have the necessary skills and training to perform the required services or work. GUARANTEED DELIVERY Bidder will be considered in award of bid only if they can guarantee delivery.Enter guaranteed delivery on this line (DeliveJYrequired for approximately November 1,2005):h'~1;IV p v\\I \~ '-;.i f -(\.\l~Wi C£t:v",-dCO)- By: Note:As previously stated.there wi!!not be any locations available from the County for the temporary storage of the laundry carts.The successful bidder will be required to store and/or coordinate the delivery for anticipated delivery date.Acknowledge in the space provided below: U.?~ G:\RFQ\500-4C57F!BERGLASSLAUNDRYCARTS(55\:JU QUOTATION NO.500-4057 Page 6 LOCAL VENDOR PREFERENCE The County of Fresno Local Vendor Preference is applicable to this Request for Quotation. Refer to the General Conditions section for details. Qualified Vendors that desire consideration as a Fresno County Local Vendor under this RFQ must complete the "Statement of Local Vendor Certification"contained herein and submit it as a part of their quotation.Late submittals of the "Statement of Local Vendor Certification"will not be considered.Submission of this statement will qualify the vendor for treatment as a local vendor for purposes of this RFO only.The statement made under this RFQ shall not qualify the vendor as a local vendor under any other RFQ. LOCAL VENDOR CERTIFICATION: Any vendor claiming to be a local vendor,as defined under the General Conditions section of this RFO,shall so certify in writing to the purchasing agent.The purchasing agent shall not be required to verify the accuracy or any such certifications,and shall have sole discretion to determine jf a vendor meets the definition of "'ocal vendor." Any person or business falsely claiming to be a local vendor under this section shall be ineligible to transact any business with the County for a period of not less than three (3) months and not more twenty-four (24)months as determined in the sole discretion of the purchasing agent The purchasing agent shall also have the right to terminate all or any part of any contract entered into with such person or business. STATEMENT OF LOCAL VENDOR CERTIFICATION COUNTY OF FRESNO Qualified local vendors desiring consideration under the Fresno County Local Vendor Preference must complete the following and submit with their quotation (print or type). (individual submitting b:d)(title) Of/for Certify that (Company Name)(Company Name) Is a Fresno County local Vendor as defined under the General Conditions section of this RFQ and therefore qualifies for the Local Vendor Preference. Signature DateTitle G:\RFCI5CO-4057FIBERGLASSLAUNCRv CARTS (551DCC QUOTATION NO.500-4057 Page 7 NOTIFICATION OF RE-BID If a local vendor's bid Qualifies under Fresno County's Local Vendor Preference,the local vendor will be notified of his/her opportunity to re-bid.if so notified,the Vendor must submit his/her re-bid within forty-eight (48)hours of notification (excluding weekends and holidays). Notification will be issued bye-mail or Fax,whichever is preferred by the vendor.Notification to Vendor shall be considered complete upon County's transmission of e-mail or Fax. The local vendor shall state his/her preferred method of notification below along with the appropriate e-mail address or Fax number.Notification by County will be limited to one of those two (2)methods.It will be the local vendor's responsibility to check his/her e-mail or Fax messages for notification.The vendor's delay in receiving his/her notification will not alter the forty-eight (48)hour period allowed for re-bid submission. LOCAL VENDOR TO COMPLETE: Indicate *ONE method for notification of Local Vendor re-bid by providing the appropriate e- mail address or Fax number Submit this document as a part of your quotation. E-Mail Address or Fax Number (Identify contact person if using a Fax Number) G:\RFOI500-AD57FIBERGLASS LAUNDRYCARTS(55)DOC