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HomeMy WebLinkAboutAgreement A-21-381 with Fire Solution Systems Inc..pdf-1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A G R E E M E N T THIS AGREEMENT (“Agreement”) is made and entered into this 21st day of September, 2021, by and between the COUNTY OF FRESNO, a political subdivision of the state of California ("COUNTY"), and Fire System Solutions Inc., a California corporation, whose address is 4277 W. Richert Ave., Suite 103, Fresno, CA 93722 ("CONTRACTOR"). W I T N E S S E T H: WHEREAS, the COUNTY has a need for backflow device inspection, testing, and repair services at County facilities; WHEREAS, CONTRACTOR submitted a bid to COUNTY in response to COUNTY’s Request For Quotation No. 21-060 for providing backflow device inspection, testing, and repair services; and WHEREAS, the CONTRACTOR is qualified and willing to perform backflow device inspection, testing, and repair services, and COUNTY wishes to engage CONTRACTOR to perform these services as described in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties hereto agree as follows: 1.OBLIGATIONS OF THE CONTRACTOR A.Communication – CONTRACTOR shall satisfactorily communicate, coordinate, and report to the appropriate COUNTY Representative or his or her designee (“County Representative”). The County Representative for the backflow devices listed under this Agreement will be based on the backflow device location. The responsible County Representative for Facility Services is the Facility Services Manager or their designee, for Public Works and Planning – Parks, Senior Staff Analyst, for Public Works and Planning – Special Districts, Senior Staff Analyst, and for County Library, Facilities Coordinator. B.Scheduled Inspection and Testing – CONTRACTOR shall provide all parts, labor, supervision, tools, materials, equipment, travel charges, truck charges, fuel charges, permits, licenses, and all other related costs to perform all annual inspection, testing, and repair of COUNTY-owned backflow devices, as described in the Scope of Work, attached as Exhibit A, and incorporated by this reference. Agreement No. 21-381 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C.Additional Services as Needed – CONTRACTOR shall perform and deliver all scheduled and corrective maintenance and repair services as described in Exhibit A. CONTRACTOR shall be compensated for work completed and approved by COUNTY at the rates set forth in Exhibit B, which is attached and incorporated by this reference. D.The work to be done on this project will involve the inspection, testing, and repair of backflow devices. In accordance with Labor Code section 1770, et seq., the Director of the Department of Industrial Relations of the State of California has determined the general prevailing wages rates and employer payments for health and welfare pension, vacation, travel time and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093, and similar purposes applicable to the work to be done. Information pertaining to applicable Prevailing Wage Rates may be found on the website for the State of California – Department of Industrial Relations: http://www.dir.ca.gov/oprl/PWD/index.htm. Information pertaining to applicable prevailing wage rates for apprentices may be found on the website for the State of California – Department of Industrial Relations: http://www.dir.ca.gov/oprl/pwappwage/PWAppWageStart.asp It shall be mandatory upon the CONTRACTOR herein and upon any subcontractor to pay not less than the prevailing wage rates, including overtime and holiday rates, to all workers, laborers, or mechanics employed on this public work project, including those workers employed as apprentices. Further, CONTRACTOR and each subcontractor shall comply with Labor Code sections 1777.5 and 1777.6 concerning the employment of apprentices. CONTRACTOR shall comply with Labor Code section 1775 and forfeit as a penalty to COUNTY Two Hundred Dollars ($200.00) for each calendar day or portions thereof, for each worker paid less than the prevailing wage rates for the work or craft in which the worker is employed for any work done under this project by CONTRACTOR or by any subcontractor under CONTRACTOR in violation of Labor Code section 1770, et seq. In addition to the penalty, the difference between the prevailing wage rates and amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONTRACTOR or subcontractor. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In accordance with California Labor Code Section 1776, CONTRACTOR and each subcontractor that CONTRACTOR utilizes shall keep an accurate record showing the names, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this public work project. Each payroll record shall be certified and verified by a written declaration under penalty of perjury stating that the information within the payroll record is true and correct and that the CONTRACTOR or subcontractor complied with the requirements of Labor Code sections 1771, 1811 and 1815 for any work performed by its employees on this public work project. These records shall be open at all reasonable hours to inspection by the COUNTY, its officers and agents, and to the representatives of the State of California – Department of Industrial Relations, including but not limited to the Division of Labor Standards Enforcement. 2.OBLIGATIONS OF COUNTY A.COUNTY shall compensate the CONTRACTOR as provided in Section 5 of this Agreement, upon satisfactory completion of work, and receipt of invoice approved by COUNTY. B. COUNTY shall provide a County Representative who will represent the COUNTY, and who will work with the CONTRACTOR in carrying out the provisions of this Agreement. 3. TERM The term of this Agreement shall be for a period of three (3) years, commencing on October 1, 2021 ("Effective Date"), through and including September 30, 2024. This Agreement may be extended for two (2) additional consecutive twelve (12) month periods upon written approval of both parties no later than thirty (30) days prior to the first day of the next twelve (12) month extension period. The Director of Internal Services/Chief Information Officer (ISD Director/CIO) or his or her designee is authorized to execute such written approval on behalf of COUNTY based on CONTRACTOR’S satisfactory performance. 4.TERMINATION A.Non-Allocation of Funds - The terms of this Agreement, and the services to be provided hereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated, at any time without penalty by giving the CONTRACTOR thirty (30) days advance written -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 notice. 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 there is: 1)An illegal or improper use of funds; 2)A failure to comply with any term of this Agreement; 3)A substantially incorrect or incomplete report submitted to the COUNTY; 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 on 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 COUNTY 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 judgment of the COUNTY were not expended in accordance with the terms of this Agreement. The CONTRACTOR shall promptly refund any such funds upon demand. C.Without Cause - Under circumstances other than those set forth above, this Agreement may be terminated by COUNTY by giving thirty (30) days advance written notice of an intention to terminate to CONTRACTOR. 5.COMPENSATION/INVOICING A.Inspection and Testing CONTRACTOR’s compensation shall be based on the rates for services for each backflow device location, as described in Exhibit B. The quantity of inspections and tests will vary, and COUNTY does not guarantee a minimum quantity of inspections or tests; COUNTY will pay only for work performed. B.Additional Repair Services CONTRACTOR shall not undertake any additional repair services without the written authorization of the County Representative. Repair services will be charged at an hourly rate of $130 per hour during regular working hours from 7:00 AM until 6:00 PM, Monday through Friday, excluding COUNTY holidays, and at an hourly rate of $195 per hour during overtime, or any hours outside of regular working hours, as specified in Exhibit B. -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Total Contract Maximum In no event shall compensation paid for services performed under this Agreement exceed $300,000 during the total possible five-year term of this Agreement. It is understood that all expenses incidental to CONTRACTOR'S performance of services under this Agreement shall be borne by CONTRACTOR. D. Invoicing CONTRACTOR shall submit monthly invoices referencing the provided contract number electronically to FacilityServices@fresnocountyca.gov. Payment will be made by COUNTY forty-five (45) days from receipt of an approved invoice by COUNTY. 6. 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 the 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. 7. 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. -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8.NON-ASSIGNMENT: 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. 9.HOLD HARMLESS: 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 (including attorney’s fees and costs), 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 (including attorney’s fees and costs), 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. The provisions of this Section 9 shall survive the termination of this Agreement. 10.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 or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A.Commercial General Liability Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). 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 Liability Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto 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 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. E. Additional Requirements Relating to Insurance 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. CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but CONTRACTOR’s waiver of subrogation under this paragraph is effective whether or not CONTRACTOR obtains such an endorsement. Within Thirty (30) days from the date CONTRACTOR signs and 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, Internal Services Department, Attention: Director of Internal Services/Chief Information Officer, 333 W. Pontiac Way, Clovis, CA 93612, 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 for such worker’s compensation insurance the CONTRACTOR has waived its right to recover from the COUNTY, its officers, agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate the insurance policy; 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 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 issued by admitted insurers licensed to do business in the State of California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. 11.AUDITS AND INSPECTIONS: 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 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 inspect all of such records and data necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement. If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to the examination and audit of the California State Auditor for a period of three (3) years after final payment under contract (Government Code Section 8546.7). 12.NOTICES: The persons and their addresses having authority to give and receive notices under this Agreement include the following: COUNTY COUNTY OF FRESNO Director of Internal Services/CIO 333 West Pontiac Way Clovis, CA 93612 CONTRACTOR Fire System Solutions Inc. Ben Fitzgerald 4277 West Richert Ave., Suite 103 Fresno, CA 93722 All notices between the COUNTY and CONTRACTOR provided for or permitted under this Agreement must be in writing and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal service is effective upon service to the recipient. A notice delivered by first-class United States -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the next beginning of a COUNTY business day), provided that the sender maintains a machine record of the completed transmission. For all claims arising out of or related to this Agreement, nothing in this section establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). 13.GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall only be in Fresno County, California. 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 State of California. 14.DISCLOSURE OF SELF-DEALING TRANSACTIONS This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit or non-profit corporation) or if during the term of the agreement, the CONTRACTOR changes its status to operate as a corporation. Members of the CONTRACTOR’s Board of Directors shall disclose any self-dealing transactions that they are a party to while CONTRACTOR is providing goods or performing services under this agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and incorporated herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. 15.ELECTRONIC SIGNATURES -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties agree that this Agreement may be executed by electronic signature as provided in this section. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. 16.ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the CONTRACTOR and COUNTY with respect to the subject matter hereof, and supersedes all previous Agreement negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any nature whatsoever unless expressly included in this Agreement. /// /// /// /// 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year 2 first hereinabove written . 3 4 5 6 CONTRACTOR (Authorized ature) 7 Ben Fitzgerald/Service Manager 8 9 Print Name & Title 4277 W R ichert Suite 103 Fresno CA 93722 10 Mailing Address 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FOR ACCOUNTING USE ONLY: Fund : 1045 / 0001 / 0801 I 0107 Subclass: 10000 / 10000 / 16900 / 10000 Org: 8935 I 7910 I 9140 / 75110101 Account: 7220 COUNTY~ Steve Brandau , Chairman of the Board of Supervisors of the County of Fresno ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno , State of California -11- -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A SCOPE OF WORK 1)The Contractor will be responsible for providing all labor, materials, and equipment necessary to inspect, repair, and test backflow preventers in Fresno County facilities on an annual basis. 2)The Contractor will have the sufficient tools and equipment to provide the requested services. Tools and/or equipment may not be billed separately unless specifically requested by the County, or unless unique or unforeseen circumstances arise. 3)Materials: Materials provided by the Contractor shall meet the following requirements: o All materials used shall be new, no rebuilt or refurbished materials shall be allowed. o All replacement materials must be equal or greater to the original. o All materials shall meet National Pipe or American Pipe Standards. 4)Task A – Field Inspections*: Contractor shall provide all labor, materials, equipment, and tools to perform the field inspections as defined below: o Inspection: Each backflow preventer shall be inspected and tested for the following conditions: i)Inoperable; ii)Leaky first check valve; iii)Leaky second check valve; iv)Leaks or cracks; v)Tightness of nuts, bolts, unions, and valves; vi)Worn “O” rings, seals, and diaphragms; vii)Worn inspections tags; viii)Proper drainage; ix)Lubrication of all valve stems, caps, plugs, and threads; x)Valve repair and replacement; xi)Valve exercising. *Before inspecting the backflow prevention devices at park locations, the Contractor will need to contact the County Parks Division at (559) 600-3004 to arrange access to the backflow devices located in the chaseways. o Report: After Field Inspections the Contractor will produce and provide to the County a detailed Field Inspection Report showing the condition of each backflow preventer. The report must include, but not be limited to the following items: i)Brand name and model number (where it can be determined) ii)Orientation iii)Type iv)Size v)Lead Free (Y/N) vi)Existing condition of preventer; -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vii) Suggested repairs/replacement if applicable; The Contractor will send a copy of each report to the County Representative with jurisdiction over each location. The Contractor will also send a copy of each report to the responsible Department at: • Department of Public Works and Planning Special Districts Attn: Senior Staff Analyst 2220 Tulare Street, Suite 600 Fresno, CA 93721 • Department of Public Works and Planning Resources Division, Parks Attn: Senior Staff Analyst 2220 Tulare Street, Suite 600 Fresno, CA 93721 • Facility Services Attn: Facilities Manager 4590 E. Kings Canyon Road Fresno, CA 93702 • Fresno County Public Library Attn: Facilities Coordinator 2420 Mariposa Street Fresno, CA 93721 COMPETENCE OF CONTRACTOR: • Contractor must maintain the identified equipment in a safe and efficient operation condition at all times. • CONTRACTOR must comply with all proprietary information and diagnostic tools necessary to properly inspect and test the COUNTY’s systems. SCHEDULING AND MANNER OF CONDUCTING WORK: • All maintenance service shall be scheduled subject to the review and approval of the County. The Contractor(s) shall be required to provide yearly schedules of the work within thirty (30) days of Agreement execution and on or before January 1, of the subsequent years. These schedules must be adhered to throughout the term of this Agreement. • All work shall be performed during regular working hours and days. Regular working hours are from 7:00a.m. until 6:00p.m. Monday through Friday. County holidays excluded. • All equipment shutdowns for regular inspections or extra examinations shall be scheduled in advance with the designated County representative and approved by the County so as not to interfere with building operations during peak usage times. Shutdowns in excess of one hour may require scheduling outside of normal business hours. No extra charges will be incurred because of a scheduled shutdown regardless of day or time. -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • All work shall be performed by skilled technicians who shall be knowledgeable of the workings of • back-flow inspection devices and the procedures used to test and inspect these devices including • inspection of the unit’s rubber gaskets and seals, testing each unit and measuring pressures of both influent and effluent components, ensuring the unit does not leak, and if leaking or failure occurs have the ability to make necessary service recommendations to County staff. CONTRACTOR’S LICENSE: CONTRACTOR is required to possess and maintain an appropriate license for the project in accordance with current regulations/statutes at the time of submission. The CONTRACTOR shall possess and maintain a current American Water Works Association, California-Nevada Section Backflow Prevention Assembly Tester Certification or another license class that covers the work to be performed. Number and Class: 982763; C-16, C-10 Date of Issue: 04/2013 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit B CONTRACTOR’S RATE SCHEDULE Public Works – Special Districts Backflow Devices A B C D E DISTRICT CONNECTION SIZE # OF BACKFLOW DEVICE # OF INSPECTIONS ANNUALLY PRICE PER INSPECTION ANNUAL TOTAL (C x D) CSA 10 1 ¼″ 1 1 $ 141.00 $ 141.00 CSA 10 4″ 1 1 $ 141.00 $ 141.00 CSA 10A 1 ½″ 1 1 $ 141.00 $ 141.00 CSA 30 1 ½″ 1 1 $ 141.00 $ 141.00 CSA 32 2″ 1 1 $ 141.00 $ 141.00 CSA 33 1″ 1 1 $ 141.00 $ 141.00 CSA 33 1 ¼″ 1 1 $ 141.00 $ 141.00 CSA 34A 2″ 2 2 $ 141.00 $ 282.00 CSA 34A N/A 3 3 $ 141.00 $ 423.00 CSA 39AB 1″ 141 141 $ 141.00 $ 19,881.00 CSA 39AB TBD 2 2 $ 141.00 $ 282.00 CSA 43W 1″ 66 66 $ 141.00 $ 9,306.00 CSA 44C 2″ 1 1 $ 141.00 $ 141.00 CSA 44D 1 ¼″ 1 1 $ 141.00 $ 141.00 CSA 44D 2″ 3 3 $ 141.00 $ 423.00 CSA 44D 3″ 1 1 $ 141.00 $ 141.00 CSA 47 1″ 1 1 $ 141.00 $ 141.00 CSA 47 1 ½″ 1 1 $ 141.00 $ 141.00 CSA 47 2″ 1 1 $ 141.00 $ 141.00 CSA 47 3″ 1 1 $ 141.00 $ 141.00 CSA 47 4″ 1 1 $ 141.00 $ 141.00 CSA 47 N/A 4 4 $ 141.00 $ 564.00 CSA 49 4″ 1 1 $ 141.00 $ 141.00 WWD 37 2″ 1 1 $ 141.00 $ 141.00 WWD 38 2″ 2 2 $ 141.00 $ 282.00 SPECIAL DISTRICTS ANNUAL TOTAL $ 33,840.00 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Public Works – Parks Backflow Devices A B C D E DISTRICT CONNECTION SIZE # OF BACKFLOW DEVICE # OF INSPECTIONS ANNUALLY PRICE PER INSPECTION ANNUAL TOTAL (C x D) Kearney Park 2” 13 13 $ 141.00 $ 1,833.00 Lost Lake Park 2” 6 6 $ 141.00 $ 846.00 Choinumni 2″ 1 1 $ 141.00 $ 141.00 // 2 ½″ 1 1 $ 141.00 $ 141.00 // 3″ 1 1 $ 141.00 $ 141.00 Avocado Lake 2″ 6 6 $ 141.00 $ 846.00 PARKS ANNUAL TOTAL $ 3,948.00 Facility Services – Backflow Devices A B C D E DISTRICT CONNECTION SIZE # OF BACKFLOW DEVICE # OF INSPECTIONS ANNUALLY PRICE PER INSPECTION ANNUAL TOTAL (C x D) 100 Laundry 4″ 1 1 $ 141.00 $ 141.00 101 Elkhorn 3″ 1 6 $ 141.00 $ 846.00 101 Elkhorn 4″ 1 1 $ 141.00 $ 141.00 103 Elkhorn 2 ½″ 1 1 $ 141.00 $ 141.00 105 Elkhorn 2″ 1 1 $ 141.00 $ 141.00 107 Elkhorn 2″ 1 1 $ 141.00 $ 141.00 108 Elkhorn 2″ 2 2 $ 141.00 $ 282.00 109 Elkhorn 2 ½″ 1 1 $ 141.00 $ 141.00 300 UMC Hospital (between parking lots) 6″ 1 1 $ 141.00 $ 141.00 300 UMC Hospital 6″ 1 1 $ 141.00 $ 141.00 312 Barton Motor Pool 6″ 1 1 $ 141.00 $ 141.00 340 Intake Bldg 1 ¼″ 1 1 $ 141.00 $ 141.00 343 Modular Unit D 2 ½″ 1 1 $ 141.00 $ 141.00 348 Facility Services 2″ 1 1 $ 141.00 $ 141.00 349 Carpenter Shop 2″ 1 1 $ 141.00 $ 141.00 406 Ag Warehouse 2″ 1 1 $ 141.00 $ 141.00 420 Fleet Services 4″ 1 1 $ 141.00 $ 141.00 435 EMS Bldg 2 ½” 1 1 $ 141.00 $ 141.00 435 EMS Bldg 1 ½″ 1 1 $ 141.00 $ 141.00 501 Juvenile Annex 3″ 2 2 $ 141.00 $ 141.00 -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 505 Maintenance Shop GSA 3″ 2 2 $ 141.00 $ 282.00 509 ISD-IT Pontiac 3″ 2 2 $ 141.00 $ 282.00 515 Juvenile Admin 2″ 1 1 $ 141.00 $ 141.00 607 Main Jail 6″ 2 2 $ 141.00 $ 282.00 610 Plaza Bldg 4″ 3 3 $ 141.00 $ 423.00 611 Brix Bldg 4″ 1 1 $ 141.00 $ 141.00 615 Animal Control 2″ 1 1 $ 141.00 $ 141.00 619 Satellite Jail 2″ 1 1 $ 141.00 $ 141.00 630 Sheriff Cent. Kitchen 2″ 1 1 $ 141.00 $ 141.00 630 Sheriff Cent. Kitchen 4″ 1 1 $ 141.00 $ 141.00 701 JJC Court 8″ 1 1 $ 141.00 $ 141.00 701 JJC Court 4″ 1 1 $ 141.00 $ 141.00 702 JJC Admin East 3″ 1 1 $ 141.00 $ 141.00 703 JJC Admin East 701 4″ 1 1 $ 141.00 $ 141.00 703 JJC Deten. Housing 8″ 1 1 $ 141.00 $ 141.00 703 JJC Deten. Housing East Gate 6″ 1 1 $ 141.00 $ 141.00 704 JJC Comm Admin 1 3″ 1 1 $ 141.00 $ 141.00 704 JJC Comm Admin 1 6″ 1 1 $ 141.00 $ 141.00 705 JJC Court Schools 4″ 1 1 $ 141.00 $ 141.00 705 JJC Court Schools 2 ½″ 1 1 $ 141.00 $ 141.00 705 JJC Court Schools 3″ 1 1 $ 141.00 $ 141.00 706 JJC Comm Housing 1 3″ 1 1 $ 141.00 $ 141.00 706 JJC Comm Housing 1 6″ 1 1 $ 141.00 $ 141.00 707 JJC Comm Housing 2 3″ 1 1 $ 141.00 $ 141.00 707 JJC Comm Housing 2 (front of gate) 6″ 1 1 $ 141.00 $ 141.00 708 JJC Comm Housing 3 3″ 1 1 $ 141.00 $ 141.00 708 JJC Comm Housing 3 (side of front gate) 6″ 1 1 $ 141.00 $ 141.00 709 JJC High Security Area 4″ 1 1 $ 141.00 $ 141.00 709 JJC High Security Area 3″ 1 1 $ 141.00 $ 141.00 710 JJC Water Treat Plant 1 ½″ 1 1 $ 141.00 $ 141.00 711 JJC Wastewater Treat Plant 1″ 1 1 $ 141.00 $ 141.00 711 JJC Wastewater Treat Plant 6″ 1 1 $ 141.00 $ 141.00 712 JJC Central Plant 8″ 1 1 $ 141.00 $ 141.00 -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 712 JJC Central Plant 6″ 1 1 $ 141.00 $ 141.00 716 Coroner/Morgue 2 ½″ 1 1 $ 141.00 $ 141.00 716 Coroner/Morgue 6″ 1 1 $ 141.00 $ 141.00 FACILITY SERVICES ANNUAL TOTAL $ 9,729.00 County Libraries – Backflow Devices A B C D E DISTRICT CONNECTION SIZE # OF BACKFLOW DEVICE # OF INSPECTIONS ANNUALLY PRICE PER INSPECTION ANNUAL TOTAL (C x D) Auberry 2″ 13 13 $ 141.00 $ 1,833.00 Bear Mountain 2″ 6 6 $ 141.00 $ 846.00 Bear Mountain 2″ 1 1 $ 141.00 $ 141.00 Caruthers 2 ½″ 1 1 $ 141.00 $ 141.00 Central 3″ 1 1 $ 141.00 $ 141.00 Easton 2″ 1 1 $ 141.00 $ 141.00 Fowler ¾″ 1 1 $ 141.00 $ 141.00 Fowler 2″ 1 1 $ 141.00 $ 141.00 Fowler 6″ 1 1 $ 141.00 $ 141.00 Kerman 2″ 1 1 $ 141.00 $ 141.00 Laton 1″ 1 1 $ 141.00 $ 141.00 Mendota 1″ 2 2 $ 141.00 $ 282.00 Orange Cove 2″ 2 2 $ 141.00 $ 282.00 Parlier 1 ½″ 1 1 $ 141.00 $ 141.00 San Joaquin 2″ 1 1 $ 141.00 $ 141.00 Selma 2″ 1 1 $ 141.00 $ 141.00 Sanger 1 ½″ 1 1 $ 141.00 $ 141.00 Tranquility 2″ 1 1 $ 141.00 $ 141.00 Woodward Park 3″ 1 1 $ 141.00 $ 141.00 Woodward Park 2″ 1 1 $ 141.00 $ 141.00 Betty Rodriguez 2 ½″ 1 1 $ 141.00 $ 141.00 Reedley 1″ 1 1 $ 141.00 $ 141.00 COUNTY LIBRARIES ANNUAL TOTAL $ 5,781.00 ANNUAL INSPECTION GRAND TOTAL (Sum of All Area Totals) $ 53,298.00 COUNTY may request CONTRACTOR also make repairs at the following hourly rate for repairs which shall include travel, material, and labor : $ 130.00 / hour. * Quantity of inspections may vary; the actual quantity of inspections may be greater than or less than the quantity shown. COUNTY does not guarantee a minimum quantity of inspections, replacements, or repairs. COUNTY will pay only for the work performed. -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit C SELF-DEALING TRANSACTION DISCLOSURE FORM In order to conduct business with the County of Fresno (hereinafter referred to as “County”), members of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below: “A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest” The definition above will be utilized for purposes of completing this disclosure form. INSTRUCTIONS (1) Enter board member’s name, job title (if applicable), and date this disclosure is being made. (2) Enter the board member’s company/agency name and address. (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following: a. The name of the agency/company with which the corporation has the transaction; and b. The nature of the material financial interest in the Corporation’s transaction that the board member has. (4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code. (5) Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4). -21- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) Company Board Member Information: Name: Date: Job Title: (2) Company/Agency Name and Address: (3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to): (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a): (5) Authorized Signature Signature: Date: