HomeMy WebLinkAboutAgreement A-22-574.pdf Agreement No. 22-574
1 AGREEMENT
2
3 THIS AGREEMENT ("Agreement") is made and entered into this 13th day of December
4 2022 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the state of
5 California ("COUNTY"), and Belfor USA Group Inc., DBA Belfor Property Restoration, a Colorado
6 corporation, whose corporate address is 185 Oakland Avenue Suite 150, Birmingham, Michigan 48009
7 ("CONTRACTOR").
8 WITNESSETH:
9 WHEREAS, the CONTRACTOR represents to COUNTY that CONTRACTOR has sufficient
10 resources to provide for disaster/emergency clean up, restoration, and repair services under this
11 Agreement in the event of a disaster or emergency; and
12 WHEREAS, the CONTRACTOR represents to COUNTY that CONTRACTOR is qualified, willing,
13 and able to perform such disaster/emergency cleanup restoration, and repair services; and
14 WHEREAS, the COUNTY is interested in availing itself of CONTRACTOR's resources for such
15 disaster/emergency cleanup restoration, and repair services at various COUNTY facilities.
16 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
17 contained, the parties hereto agree as follows:
18 1. The Recitals above are incorporated herein by reference as though fully set forth herein,
19 and the representations by the CONTRACTOR to the COUNTY are covenants of the CONTRACTOR in
20 favor of the COUNTY.
21 2. OBLIGATIONS OF THE CONTRACTOR
22 A. CONTRACTOR's work under this Agreement will involve the time-sensitive
23 cleanup, repair, alteration, maintenance, installation, rehabilitation, demolition, construction or
24 reconstruction of buildings, streets, utilities, and/or other public works in response to damage caused by
25 a disaster or emergency (each, a "Restoration Project").
26 B. CONTRACTOR will respond on site to a disaster/emergency within 24-hours of
27 receipt of COUNTY's request to begin the process of assessing loss or damage to COUNTY-leased or
28 County-owned facilities.
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1 C. Within 8 hours after CONTRACTOR's first response to the site described in
2 Section 2(B) herein, CONTRACTOR shall provide COUNTY with a written "Scope of Work"for each
3 Restoration Project, including a statement of how soon CONTRACTOR shall be capable of providing
4 substantial on-site services (and if certain services are to be performed in phases, specifying the
5 phasing of types of services), and a budget of reasonably-estimated costs, taking into account
6 personnel time, equipment, materials and supplies needed, for the completion of each such Restoration
7 Project, which budget will be based on the rates contained in Exhibit A, attached and incorporated by
8 this reference. The County Representative described in Section 3(B) shall review the Scope of Work
9 submitted by CONTRACTOR, and either request changes or approve the Scope of Work. If the County
10 Representative approves the Scope of Work, the County Representative shall issue a written notice to
11 proceed ("Notice to Proceed")to CONTRACTOR, advising CONTRACTOR that the Scope of Work is
12 approved, and the CONTRACTOR shall undertake the Restoration Project. Once a Restoration Project
13 has begun, any changes to the Scope of Work ("Scope Modifications") may only be approved in writing
14 by the County Representative and Contractor. If the dollar amount of the budget for any Restoration
15 Project exceeds $200,000 at any time, then the Scope of Work, Notice to Proceed and/or Scope
16 Modifications shall be subject to the prior written approval of the Director of ISD/Chief Information Officer
17 ("Director") in order for CONTRACTOR to perform services under the Scope of Work, Notice to
18 Proceed, and/or Scope Modifications, as applicable.
19 CONTRACTOR shall provide all labor, materials, equipment, supplies, taxes, insurance,
20 and warranties to perform all of the work in a good and workmanlike manner, free from any and all liens
21 and claims of mechanics, material-men, subcontractors, artisans, machinists, teamsters, day-men and
22 laborers required for COUNTY's request for services. The foregoing warranty shall commence on the
23 date of substantial completion of each project hereunder written notice of which shall be given by
24 CONTRACTOR to County's Representative within five (5) calendar day(s)thereof, and such warranty
25 shall continue for a period of one (1) year. The CONTRACTOR's warranty excludes remedy for damage
26 or defect caused by abuse, modifications not executed by CONTRACTOR, improper or insufficient
27 maintenance, improper operation or normal wear and tear and normal usage. If any goods or materials
28 provided by CONTRACTOR in the performance of the work are warranted by the manufacturer, then
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1 CONTRACTOR shall make every effort to transfer to COUNTY all such warranties (and deliver all
2 documents evidencing such warranties).
3 D. CONTRACTOR's compensation shall be based on the rates listed in Exhibit A,
4 which shall remain in effect for the duration of this Agreement. In the event any of the language set forth
5 in Exhibit A conflicts with any provision set forth in this Agreement (excluding Exhibit A), this Agreement
6 (excluding Exhibit A) shall control.
7 E. The work under this Agreement will involve the repair, alteration, maintenance,
8 installation, rehabilitation, demolition, construction or reconstruction of public buildings, streets, utilities,
9 and/or other public works. In accordance with Labor Code section 1770, et seq., the Director of the
10 Department of Industrial Relations of the State of California has determined the general prevailing
11 wages rates and employer payments for health and welfare pension, vacation, travel time and
12 subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized
13 by Section 3093, and similar purposes applicable to the work to be done.
14 Information pertaining to applicable Prevailing Wage Rates may be found on the website
15 for the State of California - Department of Industrial Relations:
16 http://www.dir.ca.gov/oprl/PWD/index.htm. Information pertaining to applicable prevailing wage rates for
17 apprentices may be found on the website for the State of California - Department of Industrial Relations:
18 http://www.dir.ca.gov/oprl/pwappwage/PWAPPWageStart.asp
19 It shall be mandatory upon the CONTRACTOR herein and upon any subcontractor to pay
20 not less than the prevailing wage rates, including overtime and holiday rates, to all workers, laborers, or
21 mechanics employed on this public work project, including those workers employed as apprentices.
22 Further, Contractor and each subcontractor shall comply with Labor Code sections 1777.5 and 1777.6
23 concerning the employment of apprentices. A copy of the above-mentioned prevailing wage rates shall
24 be posted by CONTRACTOR at the job site where it will be available to any interested party.
25 The CONTRACTOR shall comply with all California State laws and Department of
26 Industrial Relations (DIR) requirements relating to employment and wages, and COUNTY shall
27 cooperate with CONTRACTOR relating to the same, including but not limited to completion and
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1 submission to the DIR the online equivalent of the form attached hereto as Exhibit E and providing the
2 Project ID Number to CONTRACTOR after having registered the Project on the DIR website.
3 CONTRACTOR shall comply with Labor Code section 1775 and forfeit as a penalty to
4 COUNTY Two Hundred Dollars ($200.00)for each calendar day or portion thereof, for each worker paid
5 less than the prevailing wage rates for the work or craft in which the worker is employed for any work
6 done under this project by CONTRACTOR or by any subcontractor under CONTRACTOR in violation of
7 Labor Code section 1770, et seq. In addition to the penalty, the difference between the prevailing wage
8 rates and amount paid to each worker for each calendar day or portion thereof for which each worker
9 was paid less than the prevailing wage rate shall be paid to each worker by the CONTRACTOR or
10 subcontractor.
11 In accordance with Labor Code section 1776, CONTRACTOR and each subcontractor
12 shall keep an accurate record showing the names, address, social security number, work classification,
13 straight time and overtime hours worked each day and week, and the actual per diem wages paid to
14 each journeyman, apprentice, worker, or other employee employed by him or her in connection with this
15 Agreement. Each payroll record shall be certified and verified by a written declaration under penalty of
16 perjury stating that the information within the payroll record is true and correct and that the
17 CONTRACTOR or subcontractor complied with the requirements of Labor Code sections 1171, 1811
18 and 1815 for any work performed by its employees on this public work project. These records should be
19 open at all reasonable hours to inspection by the COUNTY, its officers and agents, and to the
20 representatives of the State of California - Department of Industrial Relations, including but not limited to
21 the Division of Labor Standards Enforcement.
22 In accordance with the provisions of Sections 1810 to 1815 of the Labor Code of the
23 State of California, eight (8) hours labor shall constitute a day's work, but because this is a contract for
24 public work, work performed by employees of the CONTRACTOR and each sub-contractor in excess of
25 eight (8) hours per day, and forty (40) hours in any one week, shall be permitted upon compensation for
26 all hours worked in excess of eight (8) hours per day at not less than one and one-half(1 '/2)times the
27 base rate of pay.
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1 F. All agreements between the CONTRACTOR and any subcontractors shall be
2 subject to COUNTY's approval. Neither the acceptance of the name of subcontractor nor the suggestion
3 of such name nor any other act of the COUNTY nor anything contained in any contract document shall
4 be construed as creating any contractual relation between the COUNTY and any subcontractor. The
5 COUNTY reserves the right to reject any proposed subcontractor, installer, or supplier who cannot show
6 satisfactory evidence of meeting the qualifications required by this Agreement.
7 G. CONTRACTOR shall comply with all applicable Federal, State, County and City
8 regulations regarding wages, hours and working conditions.
9 H. CONTRACTOR shall comply with all applicable Federal, State, County and City
10 regulations regarding safety and hazardous materials.
11 I. Following completion of each project, CONTRACTOR must provide COUNTY
12 with all as-built plans and specifications, if applicable, as determined by COUNTY, in a digital and paper
13 medium acceptable to County's Representative, within 15 business days of the final invoice for that
14 Restoration Project.
15 J. CONTRACTOR shall not have any right to control or exclusively possess all or
16 any portion of any COUNTY facility, and at any time, authorized COUNTY staff may enter COUNTY
17 facilities where CONTRACTOR is performing work, subject only to reasonable safety precautions.
18 K. CONTRACTOR is expressly prohibited from storing any materials or equipment at
19 any COUNTY facility unless the stored materials or equipment are intended for use in the performance
20 of work on that COUNTY facility.
21 3. OBLIGATIONS OF COUNTY
22 A. COUNTY will provide inspection and acceptance of the work.
23 B. COUNTY's Director shall designate a COUNTY Representative(s)who is
24 authorized on behalf of COUNTY to approve:
25 1) Equipment shutdown schedules;
26 2) Temporary equipment and material storage areas;
27 3) Any use of non-standard equipment or materials;
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1 4) Scope of Work, Scope Modifications, and issuance of Notice to Proceed,
2 each pursuant to Section 2(C) (including subject to the restrictions of Section 2(C)).
3 5) Verification of work completion.
4 4. TERM
5 The term of this Agreement shall be for a period of three (3)years, commencing on the Effective
6 Date through and including the last day of the three-year period. This Agreement may be extended for two
7 (2)additional consecutive twelve (12) month periods upon written approval of both parties no later than
8 thirty (30) days prior to the first day of the next twelve (12) month extension period. The Director of Internal
9 Services/Chief Information Officer(ISD Director/CIO) or his or her designee is authorized to execute such
10 written approval on behalf of COUNTY based on CONTRACTOR'S satisfactory performance.
11 5. TERMINATION
12 A. Non-Allocation of Funds -The terms of this Agreement, and the services-to be
13 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
14 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
15 terminated, at any time without penalty by giving the CONTRACTOR thirty (30) days advance written
16 notice.
17 B. Breach of Contract-The COUNTY may immediately suspend or terminate this
18 Agreement in whole or in part, where in the determination of the COUNTY there is:
19 1) An illegal or improper use of funds;
20 2) A failure to comply with any material term of this Agreement;
21 3) A substantially incorrect or incomplete report submitted to the COUNTY;
22 4) Improperly performed service.
23 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
24 of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such
25 payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default.
26 The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any
27 funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of the COUNTY were
28 not expended in accordance with the terms of this Agreement. The CONTRACTOR shall promptly refund
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I any such funds upon demand.
2 C. Without Cause - Under circumstances other than those set forth above, this
3 Agreement may be terminated by COUNTY by giving thirty (30)days advance written notice of an intention
4 to terminate to CONTRACTOR.
5 6. COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and
6 CONTRACTOR agrees to receive compensation as follows:
7 This Agreement shall not be construed as a commitment to purchase any disaster/emergency
8 restoration and repair services from CONTRACTOR, as all services by CONTRACTOR are on an as-
9 needed basis.
10 Upon completion of work, CONTRACTOR shall submit monthly invoices referencing the provided
11 contract number, identify the responsible COUNTY department, the name of the facility or special district
12 where services were performed, the date upon which such services were performed, and a cost breakdown
13 of services, labor, parts and mileage, either electronically or via mail, in triplicate to the County of Fresno,
14 Internal Services Department, Attention: Business Office, 333 W. Pontiac Way, Clovis, CA 93612,
15 (isdbusinessoffice(a�fresnocountyca.gov).
16 In no event shall compensation paid for services performed under this Agreement exceed
17 $3,500,000 during the term of this Agreement. It is understood that all expenses incidental to
18 CONTRACTOR'S performance of services under this Agreement shall be borne by CONTRACTOR.
19 COUNTY shall pay CONTRACTOR within forty-five (45)days of receipt of an approved invoice.
20 7. LICENSES, PERMITS, FEES AND ASSESSMENTS: CONTRACTOR shall obtain, at its
21 sole cost and expense, such licenses, permits, registrations, and approvals as may be required by law for
22 the performance of the services required by this Agreement. CONTRACTOR shall have the sole obligation
23 to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed
24 by law and arise from or are necessary for the CONTRACTOR's performance of the services required by
25 this Agreement, and shall indemnify, defend and hold harmless the COUNTY, its officers, employees or
26 agents, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed
27 against COUNTY hereunder. The provisions of this Section 7 shall survive the termination or expiration of
28 this Agreement to the extent related to the Contractor's services, as determined by COUNTY.
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1 8. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations
2 assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that
3 CONTRACTOR, including any and all of the CONTRACTOR'S officers, agents, and employees will at all
4 times be acting and performing as an independent contractor, and shall act in an independent capacity and
5 not as an officer, agent, servant, employee,joint venturer, partner, or associate of the COUNTY.
6 Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which
7 CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer
8 this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the
9 terms and conditions thereof.
10 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and
11 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
12 Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right
13 to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable
14 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
15 addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating
16 to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all
17 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
18 CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement.
19 9. MODIFICATION:Any matters of this Agreement may be modified from time to time by the
20 written consent of all the parties without, in any way, affecting the remainder.
21 10. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor
22 their rights or duties under this Agreement without the prior written consent of the other party.
23 11. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and at
24 COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and
25 expenses (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or
26 resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its
27 officers, agents, or employees under this Agreement, and from any and all costs and expenses (including
28 attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm,
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1 or corporation who may be injured or damaged by the performance, or failure to perform, of
2 CONTRACTOR, its officers, agents, or employees under this Agreement.
3 The provisions of this Section 11 shall survive the termination or expiration of this Agreement.
4 12. INSURANCE
5 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third
6 parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect,the following insurance
7 policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or
8 Joint Powers Agreement(JPA)throughout the term of the Agreement:
9 A. Commercial General Liability
10 Commercial General Liability Insurance with limits of not less than Two Million Dollars
11 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
12 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
13 completed operations, products liability, contractual liability, Explosion-Collapse-Underground,fire legal
14 liability or any other liability insurance deemed necessary because of the nature of this contract.
15 B. Automobile Liability
16 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
17 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
18 used in connection with this Agreement.
19 C. Worker's Compensation
20 A policy of Worker's Compensation insurance as may be required by the California Labor
21 Code.
22 Additional Requirements Relating to Insurance
23 CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming
24 the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
25 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
26 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
27 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
28 provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without
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1 a minimum of thirty(30)days advance written notice given to COUNTY.
2 CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and
3 employees any amounts paid by the policy of worker's compensation insurance required by this
4 Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
5 necessary to accomplish such waiver of subrogation, but CONTRACTOR's waiver of subrogation under
6 this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
7 Within Thirty(30)days from the date CONTRACTOR signs and executes this Agreement,
8 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
9 foregoing policies, as required herein, to the County of Fresno, Internal Services Department, Attention:
10 Director of Internal Services/Chief Information Officer, 333 W. Pontiac Way, Clovis, CA 93612, stating that
11 such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers,
12 agents and employees will not be responsible for any premiums on the policies;that for such worker's
13 compensation insurance the CONTRACTOR has waived its right to recover from the COUNTY, its officers,
14 agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate
15 the insurance policy; that such Commercial General Liability insurance names the County of Fresno, its
16 officers, agents and employees, individually and collectively, as additional insured, but only insofar as the
17 operations under this Agreement are concerned; that such coverage for additional insured shall apply as
18 primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents
19 and employees, shall be excess only and not contributing with insurance provided under CONTRACTOR's
20 policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty(30)
21 days advance, written notice given to COUNTY.
22 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein
23 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
24 Agreement upon the occurrence of such event.
25 All policies shall be issued by admitted insurers licensed to do business in the State of California,
26 and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
27 FSC VI or better.
28 13. SECURITY OF SITE: CONTRACTOR access to COUNTY facilities is limited to those
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1 individuals who have received COUNTY clearance and are designated to perform the CONTRACTOR's
2 work. Failure to fully comply with the security requirements of this Agreement shall be considered grounds
3 for termination of this Agreement.
4 A. See Probation Juvenile Detention Facilities— No Hostage Policy, attached as
5 Exhibit B, and incorporated by this reference.
6 B. See Fresno Sheriff—Coroner's Officer(FSCO) Jail Detention Facilities— No
7 Hostage Policy, attached as Exhibit C, and incorporated by this reference.
8 C. Additional information regarding the performance of maintenance, repair, and
9 inspection in juvenile correctional facilities:
10 CONTRACTOR shall comply with all Prison Rape Elimination Act (PREA) standards for juvenile
11 correctional facilities. Training will be provided by Probation, as necessary, at no charge to
12 CONTRACTOR. CONTRACTOR shall comply with all Probation Department Policies and Procedures.
13 In the event of a dispute involving COUNTY staff and a CONTRACTOR employee or subcontractor, the
14 on-duty Facility Administrator will have the final decision. INFORMATION ON THE PRISON RAPE
15 ELIMINATION ACT CAN BE FOUND HERE: http://www.prearesourcecenter.org/
16 14. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during business hours,
17 and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of
18 its records and data necessary to substantiate invoices under this Agreement. The CONTRACTOR shall,
19 upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data
20 necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement.
21 If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to
22 the examination and audit of the California State Auditor for a period of three (3)years after final payment
23 under contract(Government Code Section 8546.7).
24 15. NOTICES: The persons and their addresses having authority to give and receive notices
25 under this Agreement include the following:
26 COUNTY CONTRACTOR
COUNTY OF FRESNO Belfor Property Restoration
27 Director of Internal Services/CIO General Manager
28 333 W. Pontiac Way 3461 W. Holland Ave
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1 Clovis, CA 93612 Fresno, CA 93722
2 All notices between the COUNTY and CONTRACTOR provided for or permitted under this
3 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
4 an overnight commercial courier service, or by telephonic facsimile transmission.A notice delivered by
5 personal service is effective upon service to the recipient.A notice delivered by first-class United States
6 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
7 addressed to the recipient.A notice delivered by an overnight commercial courier service is effective one
8 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
g with delivery instructions given for next day delivery, addressed to the recipient.A notice delivered by
10 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
11 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
12 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
13 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
14 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
15 including but not limited to the Government Claims Act(Division 3.6 of Title 1 of the Government Code,
16 beginning with section 810).
17 16. GOVERNING LAW:Venue for any action arising out of or related to this Agreement shall
18 only be in Fresno County, California.
19 The rights and obligations of the parties and all interpretation and performance of this Agreement
20 shall be governed in all respects by the laws of the State of California.
21 17. DISCLOSURE OF SELF-DEALING TRANSACTIONS
22 This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit
23 or non-profit corporation) or if during the term of the agreement, the CONTRACTOR changes its status
24 to operate as a corporation.
25 Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing transactions
26 that they are a party to while CONTRACTOR is providing goods or performing services under this
27 agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party
28 and in which one or more of its directors has a material financial interest. Members of the Board of
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1 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
2 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit D and incorporated herein by
3 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
4 immediately thereafter.
5 18. ELECTRONIC SIGNATURES
6 The parties agree that this Agreement may be executed by electronic signature as provided in
7 this section. An "electronic signature" means any symbol or process intended by an individual signing
8 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2)a faxed
9 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
10 example by PDF document)of a handwritten signature. Each electronic signature affixed or attached to
11 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
12 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
13 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
14 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
15 subdivision (b), in the Uniform Electronic Transaction Act(Civil Code, Division 3, Part 2, Title 2.5,
16 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
17 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
18 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
19 conditioned upon the parties conducting the transactions under it by electronic means and either party
20 may sign this Agreement with an original handwritten signature.
21 19. COUNTERPARTS: This Agreement may be executed in one or more original
22 counterparts, all of which together shall constitute one and the same agreement.
23 20. AGENT FOR SERVICE: CONTRACTOR represents to COUNTY that CONTRACTOR's
24 agent for service of process in California, and that such agent's address for receiving such service of
25 process in California, which information CONTRACTOR shall maintain with the office of the California
26 Secretary of State, is as follows:
27 CT Corporation System
28 330 North Brand Blvd.
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1 Suite 700
2 Glendale, CA 91203
3 CONTRACTOR further represents to COUNTY that if CONTRACTOR changes its agent for
4 service of process in California, or CONTRACTOR's agent for service of process in California changes
5 its address for receiving such service of process in California, which changed information
6 CONTRACTOR shall maintain with the office of the California Secretary of State, CONTRACTOR shall
7 give COUNTY written notice thereof within five (5) calendar days thereof.
8 21. TIME IS OF THE ESSENCE. Time is of the essence with respect to performance of every
9 provision of this Agreement.
10 22. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
11 CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous
12 Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
13 understanding of any nature whatsoever unless expressly included in this Agreement.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3
4 CONTRACTOR COrTy OF FRESNO
(Authorized Signature) Brian Pacheco, Chairman of the Board of
6 Supervisors of the County of Fresno
7 Paul Suchowski, Controller
Print Name &Title
8
185 Oakland Avenue, Suite 150
9
Birmingham, Michigan 48009
10 Mailing Address ATTEST:
11 Bernice E. Seidel
Clerk of the Board of Supervisors
12 County of Fresno, State of California
13
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15 By:
16 Deputy
FOR ACCOUNTING USE ONLY:
17 Fund: 1045
18 Subclass: 10000
19 ORG: 8935
20 Account: 7295
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CALIFORNIA PREVAILING RATE AND MATERIALS SCHEDULE FOR INVOICING(Exhibit B) BELFOR(e)
Effective Date:January 2022 ..o.urrwoio.. o.
Exhibit A
4= RATES AND INVOICE CONDITIONS
CODE ITEMIZED SCHEDULED LABOR CLASSIFICATIONS REGULAR RATE/HR
i PR03ECT MANAGEMENT:
APM Assistant Project Manager $ 80.00
PM Proiect Manager $ 119.00
PE Proiect Estimator $ 129.00
SPM Senior Project Manager $ 146.00
PC Proiect Coordinator $ 178.00
GENERAL CLASSIFICATIONS:
GL General Labor $ 122.00
AA Administrative Assistant $ 94.00
LF Labor Foreman $ 132.00
MS Mobilization Support $ 109.00
TO Truck Driver $ 109.00
DMT Demolition Technician $ 131.00
RCO Resource Coordinator (Supply Technician) $ 127.00
PA Project Auditor (Documentation Clerk) $ 99.00
EO Equipment Operator $ 139.00
HSO Health&Safety Officer $ 127.00
RESTORATION SERVICES(General):
RT Restoration Technician $ 134.00
RS Restoration Supervisor $ 134.00
DT Dehumidification Technician $ 134.00
MT Mold Technician (Remediation Technician or Supervisor) $ 134.00
RECONSTRUCTION SERVICES:
PT Painter $ 127.00
DP Drywall Installer/Finisher $ 139.00
CR Carpenter (Framer/Finish) $ 139.00
TF Trade Foreman (Commercial Supervision) $ 139.00
TECHNICAL SERVICES: (Dehumidification,Documents/Media,Electronics,HVAC,Machinery,Mold)
TN Technician $ 134.00
TS Technical Specialist $ 134.00
TL Team Leader $ 149.00
TMR Technician,Machinery Rebuild $ 149.00
ENVIRONMENTAL SERVICES:
HT Hazmat/Asbestos Technician $ 126.00
HLT Hazmat/Asbestos Lead Technician $ 134.00
HEO Hazmat/Asbestos Equipment Operator $ 139.00
HS Hazmat/Asbestos Supervisor $ 134.00
HPM Hazmat/Asbestos Project Manager $ 149.00
CONSULTING SERVICES:
CVP President&Vice President $ 275.00
CSC Senior Consultant $ 225.00
CCE Consultant/Consulting Estimator $ 195.00
CWP Clerk of the Works-Production Person $ 120.00
CAD Administrative $ 75.00
COC Outside Consultants Actual Billing+10%
CLG Deposition,Legal Work,&Court Testimony see section I.IV Consulting Expense: $ 400.00
CFE Appraisal&Umpire fees $ 350.00
LABOR CALCULATION POLICY
The guidelines for iabor invoicing are as foiiows: The first eighi hours worked on any scheduied shift Monday through Friday will be charged aE the regular nouriy
rate. Any hours worked in excess of eight hours on any scheduled shift Monday through Friday will be charged at 1.5 times the regular hourly rate. All hours
worked on Saturday and Sunday will be at 1.5 times the regular hourly rate.All hours worked on Holidays(see§I.III Item 4 for recognized holidays) will be
charged at 2 times the regular hourly rate.OT applies to all labor classifications regardless if salary or hourly.
§I=I After Hours Emergency Services:In the event that BELFOR personnel are required for emergency services after normal BELFOR business hours(Weekdays
5:00 p.m.-7:00 a.m.).1.5 times the regular hourly rate will be charqed.
VI-1
Rate and Materials(California) Page 1 of 4 BELFOR Initial: Customer Initial:
CALIFORNIA PREVAILING RATE AND MATERIALS SCHEDULE FOR INVOICING(Exhibit B) BELFOR W
Effective Date:January 2022
LABOR CONSIDERATIONS
1).Work performed under a particular contract that is subject to Federal and State wage and hour laws,prevailing wages,,and/or collective bargaining agreements may
require negotiated changes to the above stated rates.If necessary,adjustments will be made to the hourly rates and other labor provisions.
X. 2).When circumstances beyond our control require BELFOR personnel to stand-by at the job site,a minimum stand-by charge of 6 hours at the regular hourly rate(no
overtime)will be charged.
3).National holidays recognized by BELFOR for rate(not payroll)purposes are New Years Day,Memorial Day,Independence Day,Labor Day,Thanksgiving,and
g r.111 Christmas.
4).The hourly Scheduled Labor rates will be charged portal to portal for all BELFOR personnel,labor subcontractors,and subcontractors fulfilling any Labor
Classifications.
5).If a meeting is requested by the client that involves travel BELFOR will bill for travel expenses at documented cost plus 15%.
CONSULTING EXPENSES
1).Reproduction of actual drawings at actual cost
2).Automobile mileage at IRS approved rate,tolls at cost with receipts over$25.00
3).Overnight mail is priced at$14.70/small package,$29.40/large package
4).Photographs at$1.00 per picture for standard size
g r.ry 5).Color copying at$1.00 per page or actual cost if Kirke's or other service
6).Airfare,hotels,rental car rates and other travel expenses are billed at cost+15%
7).Daily per diem rate at$55.00 a day/based on(8)hour day
Note:*Fees for deposition and trial appearances are for a minimum eight-hour day @$300/hr for all consultants
SCHEDULED EQUIPMENT CHARGES(see§IIA Itemized Scheduled Equipment)
1).The Daily Rental Rate is charged for each calendar day equipment is utilized on a project,whether a partial day or complete day.
2).Small Tools Charge:Items such as shovels,ladders,demolition carts,extension cords,small hand tools,etc...,which are provided by BELFOR but are not
Included in the Scheduled Equipment list will be charged at 3%of total labor charges for all hands-on personnel(EC,GL,LF,RT,RS,DTA,DC,DTL,DMT,DT,
MT,PT,DP,CR,TN,TS,HT,HLT,HIED).Any specialty items purchased for a project may be charged as per Section IV.
g u. 3).The Safety Equipment Packages(Personal Protection Equipment-PPE,Personal Fall Protection-PFP,and Personal Respiratory Protection-PRP)are
Inclusive of the reusable components of each package as well as any training,medical,or certification expenses related to their use. They do not include the
disposable items within the Scheduled Consumables list.
4).During the course of performance of the work BELFOR may add additional equipment to the schedule.
SCHEDULED CONSUMABLES(see§III.I Itemized Scheduled Consumables) .
1).Any scheduled consumables purchased locally where the unit price exceeds 80%of the rate,the item will be invoiced at documented cost plus
Contractor's 10%Overhead/10%Profit (21%).
2).During the course Of performance of the work BELFOR may add additional consumables to the Rate Schedule.
3).BELFOR reserves the right t0 change the unit rate of scheduled consumables affected by market conditions.
rrr. 4).Scheduled consumables are charged on a"per unit"basis whether consumed by the unit or not.
VENDORS,UNSCHEDULED MATERIALS&UNSCHEDULED EQUIPMENT
1).Contractor's 10%overhead plus 10%profit(21%)will be added to the total of all documented costs for Unscheduled Materials,Unscheduled Equipment,
and Subcontractors/Vendors(including DUCTZ HVAC and BELFOR Environmental Services)who are not fulfilling a scheduled Labor Classification.
REIMBURSABLES --_
i Iv.
1).Contractor's 15%mark-up will be added to the total of all reimbursables.
2).Standard per diem rates are$68.75 per person per day(2019 GSA base rate). The 1.35 multiplier will be applied for NYC,Cape Cod,Martha's Vineyard,
Nantucket,AK,HI,Latin America,and the Caribbean($74.25).Per Diem will be charged for all traveling personnel in§I.Itemized Scheduled Labor
Classification. BELFOR charges this daily rate whether the per diem Is paid directly to the person,is charged to BELFOR as a separate charge,or is
g V.
included with other compensation considerations. For multiple jobs on a single day,per diem will be prorated accordingly.
3).Per Diem reimbursement is subject to certain limitations regarding deductibility governed by the Internal Revenue Service,Code of 1986,Section
274(n)(1). Please consult your tax advisor on the appropriate treatment of these costs on your project as It is our policy that any deductibility limitation for
Income tax purposes is the responsibility of the customer.
4).BELFOR shall be reimbursed for travel expenses(airfare,lodging,rental cars,per diem)for personnel at documented costs plus markup(see item 1).
5).Lodging will be charged in accordance with the published GSA lodging allowance in effect at the time of the stay (https://www.gsa.gov/travel/plan-
book/per-diem-rates/)plus applicable fees and taxes. As is the case with the Federal Travel Regulations,actual expense reimbursement Is allowed when the
lodging allowance is Insufficient to meet the necessary expenses.
6).An optional methodology for lodging charges is to apply a lodging allowance as follows:Lodging may be charged at the average nightly rate of up to
three hotels that house project personnel(BELFOR and/or subcontractors). The full average nightly rate will be charged for single occupancy and 50%of the
average nightly rate per person will be charged for double occupancy.
DOCUMENT DRYING AND RECOVERY SERVICES
Freeze drying charges will range from$45 to$85 per cubic foot based on the volume of documents to be dried,the type of document(bound or loose
paper),and the moisture saturation.
The above rates represent the charges for freeze drying only.Labor,equipment,materials and other document treatments performed will be billed in
accordance with the rates herein and any project specific quotations.
g vr. Other recovery service charges will be determined per job,based on the following relevant factors:
*Nature of Damage *Degree of soot/char *Intended Use of Document *Moisture Saturation *Mold Contamination *Odor
Because the type and level of contamination may vary so greatly and thus affect the resultant recovery protocol required,these additional services will be
quoted after examining a sample of the affected documents.
CAT CONSIDERATIONS(Based on Property Claim Services assigning a CAT Serial Number)
1).A 6%fee will be added to the total of each invoice. This fee will cover all of the indirect charges that must be allocated to each job In the CAT. Examples
of these charges would be CAT management,CAT office,admin support,warehousing,etc...
BILLING AND PAYMENT j
g vn.
1).Invoices generated in accordance with the BELFOR Rate and Materials Schedule will be submitted periodically for work that has been performed.As such,
all invoices are due and payable upon receipt and will be considered late 30 days after receipt of the invoice.If there are any disputed charges on any invoice
these should be clearly identified in writing within 30 days and an additional 30 days will be allowed to resolve disputed charges.Interest charges will begin
g virr. to accrue after 30 days for undisputed charges and after 60 days for the disputed charges at the rate of:1)1%per month or 2)as specified in the terms
nditions of the arinlicable contract-
The rates contained In this exhibit are exclusive of federal,state and local sales or use taxes and the costs associated with any applicable federal,state or local approvals,consents,permits,
licenses and orders incident to performance of the work.
VIA
Rate and Materials(California) Page 2 of 4 BELFOR Initial: Customer Initial:
CALIFORNIA RATE AND MATERIALS SCHEDULE FOR INVOICING(Exhibit B) BELFOR ���
Effective Date:January 2022
PRO PERTYR ESTO RATION
ITEMIZED SCHEDULED EQUIPMENT
EQUIPMENT DESCRIPTION UNIT RATE EQUIPMENT DESCRIPTION UNIT RATE
AIR MOVERS/COMPRESSORS/ACCESSORIES TRUCKS,VEHICLES.TRAILERS(rate does not Include fuel)
Air compressor,gas/electric Ea/Day $ 45.00 SELFOR Command Center Ea/Day $ 605.00
Air compressor,tow behind Ea/Day $ 143.00 Mobile Office Ea/Day $ 79.00
Air movers/carpet blowers Ea/Day $ 36.00 Mobile Warehouse(Trailer Only) Ea/Day $ 188.00
Octidry Bag or Direct it in(attachment) Ea/Day $ 36.00 Trailer, Freezer Ea/Day $ 182.00
Iniectidry Unit Ea/Day $ 158,00 Truck,Dump Service(Pickup Truck) Ea/Day $ 116.00
Manometer Ea/Day $ 100,00 Truck,Dump-Trip Charge Ea/Day $ 182.00
Truck,Moving/Box/Board up Ea/Day $ 188.00
BLAST/POWER WASH UNITS Truck(Cab)or Trailer(Flatbed,Transfer,etc) Ea/Day $ 151.00
Blasting Unit,Agri/Soda Ea/Day $ 784.00 Vehicle, Pickup,SUV or Car Ea/Day $ 84.00
Dry Ice Blaster w/Accessories Ea/Day $ 1,178.00 Vehicle Truck 1 Ton 4x4 Lift gate Ea Da $ 200.00
Soda Blaster Ea/Day $ 1,169.00 Vehicle Van 1 per 10 Passenger or Caro Ea/Da $ 136.00
Washer,High Pressure(cold) Ea/Day $ 121.00
Washer,High Pressure(hat) Ea/Day $ 151.00 DUMPSTERS&STORAGE
Dum stet 20 yd max weight 4 Tons Per Load $ 666.00
CLEANING/VACUUMS/EXTRACTION Dum stet 30 Yd max weight 6 Tons Per Load $ 847.00
Buffer, Floor Ea/Day $ 45.00 Dum stet 40 Yd max weight 8 Tons Per Load $ 1,029.00
Carpet Cleaning Machine Ea/Day $ 91.00 BELFOR Pods B'x7' 12'x 7' Per Month $ 285.00
Dry Cleaning Unit(portable) Ea/Day $ 173.00 BELFOR Pods set up&breakdown Per Pod $ 363.00
Extraction Unit(portable) Ea/Day $ 188.00 Storage Vaults Per Month $ 152,00
Extraction Unit(Truck or Trailer mount) Ea/Day $ 680.00
Floor cleaning System(walk behind) Ea/Day $ 287.00 ELECTRONICS/ MECHANICAL
HEPA Filtration Unit/Air Scrubber Ea/Day $ 172.00 Cart, Electronic Decontamination Ea/Day $ 76.00
Ion Air Cleaning System Ea/Day $ 57.00 Cleaning Room,HEPA filtered Ea/Day $ 1,184.00
Steam Cleaner(Trailer) Ea/Day $ 294.00 Crane,A-Frame(1 ton) Ea/Day $ 168.00
Upholstery Machine/Lady Vac(steam cleaner) Ea/Day $ 76.00 Crane,Overhead(2 Ton,monorail 38 feet) Ea/Day $ 935.00
Vacuum, HEPA Ea/Day $ 110.00 Decon Room Per Project $ 624.00
Vacuum,Insulation Machine Ea/Day $ 109.00 DI Water System Ea/Day $ 48.00
Vacuum,Ui)right,Wet/Dry or Canister Ea/Day $ 42.00 Documentation Kit(digital camera/photo printer) Ea/Day $ 84.00
Zip Poles,Set of 6 Ea/Day $ 33.00 Electrical Distribution(120 Amp Panel) Ea/Day $ 227,00
Electrical Test Equipment(Meager.Hi-Pot,Grounding Cables) Ea/Day $ 498.00
LIGHTS Electronic Dehumidification Unit/Heating(KHT) Ea/Day $ 272.00
Light, Balloon Ea/Day $ 133.00 Gas Detector,ATI PortaSens II Ea/Day $ 371.00
Light,Tower Mobile(400 wr diesel) Ea/Day $ 188.00 HEPA Filtered Hood Ea/Day $ 187.00
Light,Wobble(37 inches) Ea/Day $ 53.00 HEPA Water Displacement Unit Ea/Day $ 113.00
Oven,Convection Drying(ULT) Ea/Day $ 529,00
MISC. Oven,Vacuum Drying Ea/Day $ 754.00
Heat Gun,Shrink Wrap Ea/Day $ 91.00 Quality Control Kit,(scientific instruments) Ea/Day $ 227.00
Ride On Flooring Stripper(includes blades) Ea/Day $ 1,452.00 Reflectoguant Test Device Ea/Day $ 124.00
Saw,Demo Ea/Day $ 129.00 Sealer,Vacuum Ea/Day $ 330.00
Saw,Kett Ea/Day $ 43.00 Spray Booth with 2 sinks(portable) Ea/Day $ 227.00
X-Ray Dryer Ea/Day $ 188.00 Soraver,Airless H.P.(Wagner) Ea/Day $ 99,00
X-Ray Separation Tank Ea/Day $ 565.00 Tool Handling Charge Per Project $ 561.00
Ultrasonic Bath, Portable Ea/Day $ 393.00
ODOR CONTROL/DISINFECTION Ultrasonic Bath, Bench Top Ea/Day $ 227.00
Fogger,Commercial Ea/Day $ 136.00 Ultrasonic Dip Line,Industrial Multi-step Ea/Day $ 4,072.00
Fogger,ULV/Thermal(electric) Ea/Day $ 48.00 Vacuum,Clean Room Ea/Day $ 187.00
Ozone Generator Ea/Day $ 151.00 Wet Bench(portable) Ea/Day $ 228.00
Smoke Machines(small) Ea/Day $ 121.00 Workstation(table,chair,lights,ESD) Ea/Day $ 30.00
Vapor Shark Ea/Day $ 48.00
ENVIRONMENTAL
POWER Cascade Breathing Air System Ea/Day $ 206.00
Electrical Distribution(spider sox) Ea/Day $ 91.00 Chemical Hose, Hazmat Ea/Day $ 274.00
Generator(portable) Ea/Day $ 151.00 Confined Space Entry System Ea/Day $ 250.00
Decontamination Shower/Filter Ea/Day $ 175.00
PUMPS Jerome Mercury Vapor Analyzer Ea/Day $ 306.00
Pump,Sump/Flood Ea/Day $ 42.00 Mini-Rae(PID) Ea/Day $ 218,00
Pump,Trash with Hose,2" Ea/Day $ 168.00 MSA_Passport(02,LEL,CO,1-12S) Ea/Day $ 250.00
Personal Sample Pump Ea/Day $ 35.00
DRYING/TEMP/HUMIDITY CONTROL Pump, Diaphragm 1",Hazmat Ea/Day $ 250.00
Moisture Meter Ea/Day $ 25.00 Pump,Diaphragm 2", Hazmat Ea/Day $ 374.00
Camera, IR Ea/Day $ 28.00 Self-Contained Breathing Apparatuses(SCBA-30Min) Ea/Day $ 175.00
Dehumidification,Dehumidifier-too to 140 AHAM Pints Ea/Day $ 165.00 Self-Contained Breathing Apparatuses(SCBA-SMin) Ea/Day $ 138.00
Dehumidification, Desiccant-5001600 cfm Ea/Day $ 491.00 Trailer, Emergency Response,Hazmat Ea/Day $ 374.00
Dehumidification, Desiccant-2000/2250 cfm Ea/Day $ 690.00
Dehumidification,Desiccant-35oo cfm Ea/Day $ 1,216.00 HVAC
Dehumidification,Desiccant-5000-6000 cfm Ea/Day $ 1,647.00 HVAC, High Volume Tornado System Ea/Day $ 116.00
Dehumidification,Desiccant-i0000/12000 cfm Ea/Day $ 2,587.00 HVAC, Mo i e Resource Unit Ea/Day $ 188.00
Dehumidification,Desiccant-is000 cfm Ea/Day $ 4,440.00 HVAC, Power and Manualan oo s PP/Day $ 31.00
Dehumidification, Desiccant-25000 cfm Ea/Day $ 7,027.00 H A Rota Brush Duct Cleaning ystern Ea/Day $ 55.00
Dehumidification/Cooling-1 Ton spot Cooler Ea/Day $ 196.00 ic erve Vehicle railer Combo Ea/Day $ 151.00
Dehumidification/Cooling-DX Unit-20/30 ton Ea/Day $ 1,568.00 VAL' mign CFM HEPA vacuum Co ection stem Ea/Day $ 237.00
Dehumidification/Cooling-DX unit-60/7o Ton Ea/Day $ 2,411.0o A i eo o0 0 otic nspection Y.
Ea/Day $ 611.00
Dehumidification/Cooling-Chiller 100 to 400 Ton Ton/Day $ 32.00 HVAC,V per Duct Coming System Ea/Day $ 55.00
Dehumidification,Heater-2o KW Ea/Day $ 194.00
Dehumidification, Heater-50 Kw Ea/Day $ 432.00 SAFETY
Dehumidification, Heater-100 KW Ea/Day $ 589.00 Personal Fall Protection(PFP) PP/Day $ 10.00
Dehumidification, Heater-150 Kw Ea/Day $ 705.00 Personal Protection Equipment(PPE) PP/Day $ 6.00
Dehumidification, Heater,Indirect Fired up to 500,000btu+fuel Ea/Day $ 1,137.00 Personal Protection(PRP) PP/Day $ 10.00
Heater,Electric-1500 watt Ea/Day $ 19.00 Respirator, FIAPK Ea/Day $ 100.00
Heater,Propane/Torpedo-direct Bred+fuel Ea/Day $ 67.00
E eCtrOStatIC Sprayer Ea/Day, � 0
The rates contained In this exhibit are exclusive of federal,state and local sales or use taxes and the costs associated with any applicable federal,state or local approvals,consents,
permits,licenses and orders incident to performance of the work.
v1-1
Califomia Rate and Materials(Standard) Page 3 of 4 BELFOR Initial: Customer Initial:
CALIFORNIA RATE AND MATERIALS SCHEDULE FOR INVOICING(Exhibit B) BELFOR��)
Effective Date:January 2022
PROPERTYRESTORATION
fill).i� ITEMIZED SCHEDULED CONSUMABLES s
CONSUMABLE DESCRIPTION UNIT RATE CONSUMABLE DESCRIPTION UNIT RATE
BAGS ELECTRONICS/ MECHANICAL
Bags,Environmental Trash Bags Ea. $ 3.60 BELFOR-AC 14 Alkaline Cleaner 14 Gal $ 41.00
Bags,Insulation Machine(vacuum) Ea. $ 37.00 BELFOR-AC 12 Alkaline Cleaner 12 Gal $ 56.00
Bags,Trash(each) 3 mil $ 1.00 6 mil $ Z.00 BELFOR-CD 04-C Complex Deruster 04 C Gal $ 88.00
CLEANING-GENERAL BELFOR-CD 13 Complex Deruster 13 Gal $ 139.00
Disinfectant-Bioesgue Gal $ 50.00 BELFOR-EC 12 Electronics Cleaner Gal $ 36.00
BELFOR-All Natural Citrus Solvent Cleaner Gal $ 41.00 BELFOR-ESL Label Protection Lacquer Ounce $ 21.00
BELFOR-AllPuroose Cleaner Gal $ 13.00 BELFOR-FC 10 Energized Cleaner Gal $ 999.00
BELFOR-All Purpose Spotter Gal $ 28.00 BELFOR-GC General Cleaner Gal $ 34.00
BELFOR-Carpet Rinse&Neutralizer Gal $ 22.00 BELFOR-HD 01 Hand Deruster 01 Gal $ 47.00
BELFOR-CIF Citrofix Lemon Scent ounce $ 1.20 BELFOR-LP 40 Light Preserver 40 Gal $ B8.00
BELFOR-Concentrated Odor Counteractant&Smoke Elim. Gal $ 37.00 BELFOR-MPP Metal Polishing Paste Ounce $ 19.00
BELFOR-Extra Duty Cleaner Degreaser Gal $ 21.00 BELFOR-NC CR Neutral Cleaner CR Gal $ 149.00
BELFOR-Glass Cleaner Gal $ 10.00 BELFOR-NK One Step Cleaner and Preserverfelectrlwn Pint $ 15.00
BELFOR-Hand Cleaning Wipes Tub $ 50.00 BELFOR-OC24 Organic Cleaner 24 Gal $ 56.00
BELFOR-Multi-Enzyme Spotter-Deodorizor-Protector Gal $ 37.00 BELFOR-OC62 Organic Cleaner 62 Gal $ 39.00
BELFOR-Multi-Purpose Restroom Cleaner Gal $ 17.00 BELFOR-O-SW Oil Black(Elect.contacts Only) Ounce $ 41.00
BELFOR-Oil Preserver Gal $ 56.00 BELFOR-PM Polish Milk Ounce $ 6.60
BELFOR-Quarry&Hard Tile Cleaner Gal $ 21.00 BELFOR-SD 02 Sulfide Defroster Gal $ 64.00
BELFOR-Rua&Upholstery/Traffic&Bonnet Cleaner Gal $ 31.00 BELFOR-WP Wax Preserver Gal $ 95.00
Adhesive,Remover Can $ 18.00 Nitric Acid,Ultra Pure Quart $ 187.00
Alcohol,Isopropyl Gal $ 96.00 Apron,Chemical Ea. $ 6.60
Blocks.Odor Counteractant Ea. $ 9.00 Arm Sleeves,Chemical Ea. $ 4.80
Boot Covers,Latex Per Pair $ 13.00 Arsenic Test Kit Per Test $ 6.60
Brush,Scrub Ea. $ 14.00 Bags,Anti Static Ea. $ 4.80
Brushes,Pipe Ea. $ 37.00 Brady Cards Ea. $ 8.80
Brushes,Wire Small $ 5.50 Large $ 9.00 Brush,Dispersion(Each) Small $ 5.50 Large $ 17.00
Cleaner,Stainless Steel Can $ 19.00 Brush,Non Conduct Ea. $ 13.00
Disinfectant,Antimicrobial Gal $ 62.00 Chloride Quick Test Strips Ea. $ 1.50
Fogger,Thermo Deodorizer Gal $ 43.00 Cleaning/ Decon Sticks Ea. $ 1.70
Mop Heads Ea. $ 17.00 Non-Conduct Scrubbers.Green(#7447) Box $ 34.00
Pad,Floor Buffer Ea. $ 15.00 Non-Conduct Scrubbers,Maroon fy96) Box $ 95.00
Pad,Foam Scrubbing Pak $ 63.00 Non-Conduct Scrubbers.White(xge) Box $ 57.00
Sponge,Particulate Removal(1.5"x3^x6") Ea. $ 4.80 Tape,Clean Room Roll $ 30.00
Sponge,Particulate Removal(3/4"x3"x6") Ea. $ 2.40 Wipes,Lint Free Pak $ 43.00
Steel wool Ea. $ 1.30 Wipes,Presaturated IPA/DI Pak $ 25.00
Thinner,Paint/Mineral Spirits Gal $ 28.00 Wipes,Standard Clean Room Pak $ 35.00
Vapor Shark Membrane Ea. $ 64.00 Wipes,Ultra Clean Room Pak $ 75.00
Wipes,Cotton Cloth/Workshop Rags Lb. $ 6.60
Wipes,Wipe All Pak $ 15.00 ENVIRONMENTAL
Asbestos Glove Bag Ea. $ 41.00
CONTENTS/PACK-OUT/STORAGE Breathing Air,Type K Bottle Ea. $ 67.00
BELFOR-Fabric Protector Gal $ 48.00 Cartridge,MSA Combination Ea. $ 20.00
BELFOR-Lemon Oil Furniture Polish Gal $ 6.60 Protective Suits(Acid) Ea. $ 102.00
BELFOR-Liquid Laundry Detergent Gal $ 21.00 Protective Suits(Level A,fully encapsulating) Ea. $ 1,901.00
BELFOR-Premium Dish Detergent Quart $ 7.70 Protective Suits(PolvPro Asbestos) Ea. $ 10.00
Boxes.Book Ea. $ 6.60 Protective Suits(saranex chemical) Ea. $ 37.00
Boxes,Dish Pack Ea. $ 7.70 Sorbent Boom Ea. $ 81.00
Boxes,Slip Covers Ea. $ 3.60 Sorbent Pad Ea. $ 11,so Bale $ 122.00
Boxes,Wardrobe/Specialty Ea. $ 43.00 Sorbent Pillows Ea. $ 31.00
Cloths,Masslinn Ea. $ 1.70 DRUMS 15g 30q 55g
Foam Blocks Ea. $ 1.70 _Drum,Poly Closed Top Ea. $51.00 $60.00 $ 85.00
Inventory Tags Ea. $ 1.70 Drum,Poly Open Top Ea. $55.00 $65.00 $ 92.00
Tape,Poly Box Roll $ 3.60 Drum,Steel Closed Top Ea. $40.00 $48.00 $ 67.00
Wrap,Bubble/Anti Static Roll $ 102..00 Drum,Steel Open Top Ea. $44.00 $57.00 $ 81.00
Wrap,Stretch Roll $ 72.00 Drum,Steel Salvage,85 Gallon Ea. $ 185.00
Drum,Poly Overpack,95 Gallon Ea. $ 283.00
FILTERS Drum,Steel Overpack,110 Gallon Ea. $ 555.00
Filter,Charcoal(carbon Activated) Ea. $ 79.00
Filter,HEPA Ea. $ 279.00 HVAC
Filter,Pleated Ea. 25.00 HVAC Air Blast Nozzle,Replacement Ea. $ 61.00
Filter,Poly(secondary) Ea. $ B.80 HVAC Air Whip,Multi Head,Replacement Ea. $ 79.00
HVAC BB1 Freshduct/Microbiocide i5oz $ 61.00
SHEETING/PLASTIC/FLOOR PROTECTION HVAC Cleaner Degreaser Gal $ - 21.00
Duct.Lay Flat(500')with hog rings Roil $ 565.00 HVAC Closed Cell Foam Insulation Tape 1/8"x2"00' Roll $ 30.00
Plastic Sheeting,1.5 mil(24 x 200) Roll $ 53.00 HVAC Coil Cleaner Gal $ 58.00
Plastic Sheeting,3 mil(2o z too) Roll $ 66.00 HVAC Collection Machine Filters(Pleated&Bag) Ea. $ 70.00
Plastic Sheeting,6 mil f2o x itto) Roll 99.00 HVAC Collection Machine HEPA Filter Ea. $ 411.OD
Plastic Sheeting,6 mil-Fire Retardant/Anti Static(20 x too) Roll 386.00 HVAC Duct Liner 1"-Tx100' Roll $ 484.00
Plastic Sheeting,6 mil-Fire Retardant-Black(20 x iam Roll $ 479.00 HVAC Duct Mastic Gal $ 35.00
Plastic Sheeting,Carpet Protector Roll $ 99.00 HVAC Encapsulant.Antimicrobial(Foster) Gal $ 99.00
Ram Board,(38"X 1001 Roll $ 185.00 HVAC Fiberlock Gal $ 87.00
Red Rosin Paper 200 rt.roll Roll $ 30.00 HVAC HEPA Vac Collection Bag&Filter Protector Ea. $ 12.00
Scrim-Fire Rated(6a'xt00') Roll 2,988.00 HVAC HEPA Vac Filters(Dacron Flltereag&Impaction) Ea. $ 73.00
Sticky Mat(26"x32") Ea. $ 108.00 HVAC HEPA Vac HEPA Filter Ea. $ 345.00
HVAC Propane Fill Charge Cylinder $ 55.00
SHRINK WRAP HVAC Rotary Brush Head,Replacement Ea. $ 139.00
Strapping,Woven HD LF $ 0.15 HVAC Rotary Brush System,Replacement Core Ea. $ 48.00
Tape,Heat Shrink 2" Roll $ 20.00 HVAC Sheetmetal Blank Ea. $ 21.00
Tape,Heat Shrink 4" Roll $ 40.00 HVAC Sheetmetal Screw Box 100 $ 26.00
Tape,Heat Shrink 6" Roll $ 59.00 HVAC Spray Adhesive Can $ 29.00
Wrap,Shrink,7 mil(45'x 145") Roll $ 987.00 HVAC Unibit Ea. $ 99.00
Wrap,Shrink,12 mil(32'x 180") Roll $ 1,834.00 HVAC Vacuum Brush Head-Replacement Ea. $ 29.00
TAPE/ADHESIVE SAFETY
Adhesive,Spray Can $ 9.00 Boots,Chemical PVC Per Pair $ 55.00
Tape,2-way IV'x 60') Roll $ 36.00 Dust Mask Ea. $ 2.40
Tape,Barricade-Banner Guard(Caution,Danger,etc...f Roll $ 34.00 Gloves,Cotton(Includes liners) Per Pair $ 2.80
Tape,Duct(2"x 60') Roll $ 9.00 Gloves.Latex(sumican Box 100 $ 50.00
Tape,Global Roll $ 30.00 Gloves,Leather Per Pair $ 9.90
Tape,Palntem-blue/red Roll $ 10.00 Gloves Nitrile Per Pair $ 9.40
Gloves,Nylon Inspection Per Pair $ 0.60
MISC Protective Suits(Twek) Ea. $ 33.00
Disposable Decontamination Unit Ea. $ 504.00 Respirator,N95 Ea. $ 13.00
Encapsulant,Antifungicidal Gal $ 99.00 Respirator,P100 Ea. $ 13.00
Encapsulant,Antimicrobial fzinseer) Gal $ 91.00 Respirator.HEPA+Particulate Replacement Filter Ea. $ 44.00
Encapsulant.Soot Gal $ 53.00 Respirator,HEPA Replacement Pancake Filter Ea. $ 10.00
Fasteners,Mist:/Lock&Hasp Ea. $ 36.00
Floor Dry(404) Baq $ 19.00 The rates contained in this exhibit are exclusive of federal,state and local sales or use taxes and the
Lock Box Ea. $ 55.00 costs associated with any applicable federal,state or local approvals,consents,permits,licenses and
Soda,Soda Blaster Material Ball $ 43.00
Zipper(containment) Ea. $ 14.00 orders Incident to performance of the work.
vl-t
Callfomia Rate and Materials(Standard) Page 4 of 4 BELFOR Initial: Customer Initial:
EXHIBIT B - No Hostage Policy
Subject: Hostage Situations
Policy Number: 326.0
Page: 1 of 2
Date Originated: April 1, 2004
Authority: Title 15; Section 1327; Date Revised: February 1, 2008
California Code of Regulations
It is imperative for the safety and security of all persons within Juvenile Justice Campus (JJC)
facilities, as well as for those in the community, that minors are not allowed to leave the secure
confines of the facilities by the taking of a hostage(s). If successful in securing a release
through these means minors would be much more likely in the future to use this practice again
in an attempt to escape the confines of the facilities. This would put those visiting and working
at the JJC at higher level of risk and would jeopardize the safety of the community if the minor
was in fact successful in securing his/herrelease.
The JJC is a "no-hostage" facility. This rneans that minors will not be released from custody
under any circumstances due to the taking of a hostage(s). Any staff person taken hostage, no
matter what their rank or status, immediately loses their authority and any orders issued by that
person will not be followed.
1. HOSTAGE SITUATION PROCEDURES
A. If any minor(s) and/or other person(s) in the facility attempt to hold any person hostage,
and they do not respond to verbal commands to stop staff will immediately notify the
Watch Commander. He/she will respond to the location and assess the situation. If a
hostage situation is in progress the Watch Commanderwill:
1. Summon assistance from other officers as required.
2. Establish a secure perimeter around the hostage takers and allow no one to pass
into it for any reason without authorization. Risks should not be taken that might
allow the taking of additional hostages.
3. Evacuate all non-essential persons at the scene to a safe location or any housing
pod that is not directly involved in the incident.
4. Direct officers to place minors in uninvolved housing pods in their rooms and have
them remain there until directed otherwise. Minors outside of housing pods will
remain in place under officer supervision until it is safe to return to their respective
housing pods or any housing pod that is not directly involved in the incident.
5. Immediately notify the Director or the Probation Services Manager/Assistant Director
in his/her absence and confer with higher authority as to action to be taken.
Administration in turn will notify the Chief.
B. The Fresno Sheriffs Dispatch Center (488-3111) will be notified immediately and a
request for a trained hostage negotiator and other emergency personnel will be made
as needed. Prior to the arrival of the Sheriff Department's hostage negotiator the
Watch Commander will attempt to ascertain:
Subject: Hostage Situation
Policy#: 326.0 Page 2 of 2
1. The number and identity of both the hostages and hostagetakers;
2. Any known weapons possessed by the hostage takers;
3. The demands of the hostage takers.
C. The Watch Commander will retain and direct departing custody officers, as well as,
available Probation peace officer staff to assist with security and safety needs, as
necessary. Additional Juvenile Correctional Officers should be called in as may be
needed to insure the safe and secure operation of thefacility.
D. The Watch Commander will coordinate with the Sheriff's Department all activities taken
to resolve the hostage situation, including the use of appropriate force, and will maintain
control of the facility until relieved of that duty by the presence of a Probation Services
Manager/Assistant Director, Director, or the Chief Probation Officer.
E. Once the hostage situation has been resolved the minors involved should be housed in
the most secure setting available and all appropriate charges should be filed.
F. Each officer and/or non-sworn staff member who was involved or observed the incident
will complete an incident report and if required, the appropriate critical incident
evaluation report(s) regarding the details of the incident prior to the end of his/her shift.
(See Incident Report, located in JAS Probation View, under"Word Templates".)
G. The Watch Commander will prepare a Critical Incident Investigation Report, using the
Critical Incident Evaluation Report - Page 2 report form and the critical incident
evaluation report(s) completed by the reporting persons at the time of the incident.
11. PARENTAL AND MEDIA INFORMATION
A. Attempts will be made at the direction of Administration to reach the families of the
hostages to advise them of the situation. Notification will also be made to the parents
of the hostage takers as deemed appropriate.
B. All media inquiries will be referred to the Chiefs office per departmental policy.
III. SECURITY AND OPERATIONAL REVIEW
A. Once the incident has been resolved a team will be established to conduct a security
and operational review of the incident. The review will be conducted within 2 days of
the resolution of the incident. The review team will be comprised of the facility
administrator and/or facility Director, Probation Services Manager/Assistant Director
and Supervising Juvenile Correctional Officers who are relevant to the incident. The
team will review the circumstances leading up to the incident and any necessary
corrective action necessary to insure that such an incident does not repeat itself.
Exhibit C -- "NO HOSTAGE" POLICY
EFFECTIVE DATE: 12-18-89 REVISED: 08-06-90, 12-25-94,05-06-96,09-01-99,
12-01-10
APPROVED BY: Sheriff M. Mims BY: Assistant Sheriff T. Gattie
AUTHORITY: California Code of Regulations, Title 15, Section 1029(a)(7)(B)
and Penal Code Section 236.
PURPOSE:
The purpose of this policy is to establish procedures which provide for the resolution of
a hostage-taking incident while preserving the safety of staff, public, inmates, and
hostages, and maintaining facility security.
POLICY:
The Fresno County Sheriffs Office Jail Division maintains a NO HOSTAGE FACILITY
and will not consider bargaining with hostage takers for ANY reason.
It is the policy of the Fresno County Sheriffs Office Jail Division that once any staff
member is taken hostage, they immediately lose their authority and any orders issued
by that person will not be followed regardless of their rank or status.
It is the policy of the Fresno County Sheriffs Office Jail Division that the primary
responsibility of all staff members in a hostage situation is to protect every person
involved, if possible, from serious injury or death.
PROCEDURES:
1. DEFINITION
HOSTAGE SITUATION: any staff member, citizen or inmate held against their
will by another person for the purpose of escape, monetary gain or any
reason which may place an individual in danger of losing life or suffering
serious injury.
II. NOTIFICATIONS CONTAINMENT AND CONTROL OF THE SITUATION
A. Emergency procedures and notifications shall be implemented as per
Emergency Planning procedures (B-101/FILE: EMERGENCY).
Page 1 of 1
1 Exhibit D
2 SELF-DEALING TRANSACTION DISCLOSURE FORM
3
4 In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors must disclose any self-dealing transactions that
5 they are a party to while providing goods, performing services, or both for the County. A self-
dealing transaction is defined below:
6
"A self-dealing transaction means a transaction to which the corporation is a party and in
7 which one or more of its board members has a material financial interest"
8 The definition above will be utilized for purposes of completing this disclosure form.
9
10 INSTRUCTIONS
11 (1) Enter board member's name, job title (if applicable), and date this disclosure is being
made.
12
13 (2) Enter the board member's company/agency name and address.
14 (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:
15
a. The name of the agency/company with which the corporation has the
16 transaction; and
17 b. The nature of the material financial interest in the Corporation's transaction that
18 the board member has.
19 (4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
20
(5) Form must be signed by the board member that is involved in the self-dealing
21 transaction described in Sections (3) and (4).
22
23
24
25
26
27
28
1
1 W Company Board Meinberanformation:
2 Name: Date:
3 Job Title:
4 (2j Company/Ager cy Name,and Address:
5
6
7
8
9 (3)Disclosure(Please describe the nature of,the'self=dealing transaction you area party to):
10
11
12
13
14
15
16
17
18 (41'Explain why thls self=dealing transaction is consistent'-with the requirements of Corporations Code 5233(a):
19
20
21
22
23
24
25 ($)Authorised Signature
26 Signature: Date:
27
28
2
I E xW1 6+ e;
NOTICE OF INTENT TO COMPLY WITH DEPARTMENT OF INDUSTRIAL
RELATIONS REQUIREMENTS FOR PUBLICLY FUNDED PROJECTS
Request for DIR Project ID#
CLIENT NAME: BELFOR JOB#
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body to register that publicly funded project on the DIR's online system.
As of August 1st, 2016,the DIR now requires contractors on publicly funded projects to submit certified Payroll
Reports to the Labor Commissioner directly though the DIR's online system. To do this, the awarding body
must produce to the contractor the"Project ID" number assigned to the project.The DIR assigns this number to
the project when the awarding body registers it with the DIR.
If you have already registered the project with the DIR and received the DIR Project No., please provide it here
DIR PROJECT IN
If you have not already done so, please register the project on the DIR website at
htto://4"vw.dir.cci..qov/PLiblic-Works/Aw,irding-Bodies.litml and then click on"Project Registration".To make this
process easier, please use the information that BELFOR has provided below when completing your
registration.
PROJECT INFORMATION
0 Belfor USA Group, Inc. 0 Belfor Environmental, Inc.
PWCR# CONTRACTOR LICENSE#
BELFOR MAILING ADDRESS
DOLLAR AMOUNT OF CONTRACT/ESTIMATED AMOUNT OF CONTRACT I
ESTIMATED STARTING DATE ESTIMATED COMPLETION DATE
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DISCLAIMER:This Notice is for informational purposes only and not for the purpose of providing legal advice.You should contact your attorney to obtain
advice with respect to any particular issue or problem.Use of and access of this Notice or any link within this Notice does not'creale an attorney-client
relationship between Contractor and the awarding body.
Page I of 2
NOTICE OF INTENT TO COMPLY WITH DEPARTMENT OF INDUSTRIAL
RELATIONS REQUIREMENTS FOR PUBLICLY FUNDED PROJECTS
Request for DIR Project ID#
LISTING OF SUBCONTRACTORS
CON. LIC.# CONTRACTOR CLASSIFICATION OF WORKERS
Page 2 of 2
DISCLAIMER:This Notice is for informational purposes only and not for the purpose of providing legal advice.You should contact your attorney to obtain
advice with respect to any particular issue or problem.Use of and access of this Notice or any link within this Notice does not create an attorney-client
relationship between Contractor and the awarding body.