HomeMy WebLinkAboutAgreement A-16-568 with American Refuse, Inc..pdfAgreement No. 16-568
16-0996
MASTER AGREEMENT 1
2 THIS AGREEMENT is made and entered into this j.?4b day of September, 2016, by
3 and between the COUNTY OF FRESNO, a Political Subdivision of the State of California,
4 hereinafter referred to as "COUNTY", and each contractor listed in Exhibit A, attached hereto and
5 incorporated by this reference as though fully set forth herein, each of whom collectively shall
6 hereinafter be referred to as "CONTRACTOR(S)." References in this Agreement to "party" or
7 "parties" shall be understood to refer to COUNTY and each CONTRACTOR, unless otherwise
8 specified.
9
10 W I T N E S S E T H:
11 WHEREAS COUNTY, through participation in Department of Resources
12 Recycling and Recovery (hereinafter "CaiRecycle") grant programs, carries out waste tire
13 cleanup, abatement, and removal activities and receives refund payments from CaiRecycle for
14 all approved costs incurred pursuant to Section 42889 et seq. of the Public Resources Code,
15 and
16 WHEREAS COUNTY, which owns and operates the American Avenue Disposal
17 Site located at 18950 West American Avenue, Kerman, CA 93630, accepts tires from the public
18 and as such, pursuant to Section 42808 of the Public Resources Code, must maintain less than
19 150 tires per day averaged on an annual basis, and
20 WHEREAS the aforementioned activities necessitate that COUNTY secure the
21 services of qualified tire disposal and recycling contractors.
22 NOW, THEREFORE, in consideration of the mutual covenants, terms and
23 conditions herein contained, the parties hereto agree as follows:
24
25
1. SERVICES
A. CONTRACTOR shall perform all services and fulfill all responsibilities as
26 identified in the Request for Statement of Qualifications (RFSQ) No. 926-5478, dated June 3,
27 2016, a true and correct copy of which is attached hereto as Exhibit B and incorporated by this
28 reference as though fully set forth herein, and in each CONTRACTOR'S separate response to
-1-
-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
said RFSQ No. 926-5478, which are attached herein as Exhibits C-1, C-2 and C-3, respectively,
and are incorporated by this reference as though fully set forth herein.
B. It is understood that each CONTRACTOR shall be providing tire disposal
and recycling services at one (1) or more of the types of facilities as described in the “County of
Fresno Pricing Quotation Form” (hereinafter “Quotation Form”) of RFSQ No. 926-5478. The types
of facilities include: 1) American Avenue Disposal Site, 2) Various Road Maintenance and
Operations Yard located throughout the County, 3) Other locations as identified by the County and
approved by CalRecycle and the COUNTY’s Department of Public Health, Environmental Health
Division, which serves as the Local Enforcement Agency (LEA).
C. Each CONTRACTOR warrants that it possesses all licenses and
certificates required by local, State of California, and/or Federal laws and regulations for the
conduct of its business and shall operate its business in accordance with all applicable laws and
regulations. Each CONTRACTOR further warrants that all of its personnel performing services
under this Agreement shall be licensed and certified where required, to lawfully perform their
duties and shall maintain such licensure and certifications throughout the term of this Agreement.
CONTRACTOR(S) shall allow COUNTY to review these documents upon request.
D. The cost rates identified in the Quotation Form shall remain in effect for the
entire duration of the Agreement and may only be amended once annually for inflation, as
determined by the “Consumer Price Index, All Urban Consumers for San Francisco-Oakland-
San Jose, CA, Standard Metropolitan Statistical Area” as published by the United States
Department of Labor, Bureau of Labor Statistics, or any successor index. Such increase shall
be subject to written approval of the Director of Public Works and Planning (hereinafter
“DIRECTOR”) or his/her designee. The CONTRACTOR shall initiate the rate adjustment
process by submitting a proposed adjusted fee schedule to the Department of Public Works
and Planning (hereinafter “Department”) for review and approval. The DIRECTOR or his/her
designee expressly reserves the right to approve or disapprove all proposed rate increases.
2. TERM
The term of this Agreement shall be for a period of three (3) years,
-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
commencing on September 13, 2016 through and including September 12, 2019. This
Agreement may be extended for two (2) additional consecutive twelve (12) month periods as to
any CONTRACTOR, upon written approval of both COUNTY and that CONTRACTOR, no later
than thirty (30) days prior to the first day of the next twelve (12) month extension period. The
Director of the Department of Public Works and Planning or his or her designee (“DIRECTOR”) is
authorized to execute such written approval on behalf of COUNTY, as to each CONTRACTOR
separately, based on that CONTRACTOR’S satisfactory performance hereunder.
The September 12 termination date specified herein shall be the termination
date for all CONTRACTORS. Any one year renewal period of this Agreement for any
CONTRACTOR providing services hereunder shall commence on September 13, 2019 and
September 13, 2020, as appropriate.
3. 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 by giving the CONTRACTOR thirty (30) days advance written
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.
-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
C. Without Cause - Under circumstances other than those set forth above,
this Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written
notice of an intention to terminate to CONTRACTOR.
4. COMPENSATION:
COUNTY agrees to pay CONTRACTOR(S) and CONTRACTOR(S) agree to
receive compensation at the rates quoted on each CONTRACTOR’s separate Quotation Form,
which is included as part of the corresponding Exhibit (Exhibit C-1, C-2 or C-3) that was submitted
by that CONTRACTOR, whenever services are requested by authorized Departmental staff.
In no event shall compensation for services performed under this Agreement
by all CONTACTORS collectively exceed the maximum cumulative annual amount of $209,820.00
in any year during the term or any renewal period(s) of this Agreement. The total maximum
cumulative amount payable to all CONTRACTORS considered collectively for the services to be
provided hereunder, including the initial three (3) year term and the two (2) potential one year
renewal periods, shall not exceed $1,049,100.00. It is understood that all expenses incidental to
CONTRACTOR'S performance of services under this Agreement shall be borne by
CONTRACTOR.
5. INVOICING AND PAYMENT
A. Invoicing
CONTRACTOR(S) shall submit, within ten days from date of service,
invoices to COUNTY’s Department division staff representative, as identified in Exhibit D.
Invoices shall be summarized in a statement format. All invoices submitted should include the
following required information: name of facility, facility address, service date(s) or date range,
programs serviced by CONTRACTOR(S) (either tire cleanup, tire amnesty, or disposal site). In
no event shall CONTRACTOR(S) submit claims to COUNTY for services that have not been
authorized in advance.
B. Payment
COUNTY shall make payment(s) to CONTRACTOR(S) within forty-five (45)
days after receipt and verification of the accuracy and sufficiency of CONTRACTOR’s invoice(s)
-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
by the Department. In the event that a submitted invoice contains any errors or is otherwise
determined to be insufficient, the Department will request that corrections be made and a revised
invoice shall be resubmitted by CONTRACTOR. Each CONTRACTOR understands that the 45
day time frame shall commence only upon receipt and verification by the Department that a
sufficient invoice has been submitted.
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: CONTRACTOR(s) shall not assign, transfer or
sub-contract this Agreement or any of its respective rights or duties hereunder, without the prior
written consent of the COUNTY.
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, damages, liabilities, claims, and losses occurring or
resulting to COUNTY in connection with the performance, or failure to perform, by
CONTRACTOR, its officers, agents, or employees under this Agreement, and from any and all
costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person,
firm, or corporation who may be injured or damaged by the performance, or failure to perform,
of CONTRACTOR, its officers, agents, or employees under this Agreement.
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 throughout the term of the Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars
($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require
specific coverages including completed operations, products liability, contractual liability,
Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed
necessary because of the nature of this contract.
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily injury of
not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred
Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty
Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred
Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used
-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
in connection with this Agreement.
C. Professional Liability
If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N.,
L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less
than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00)
annual aggregate.
D. Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the
California Labor Code.
CONTRACTOR shall obtain endorsements to the Commercial General Liability
insurance naming the County of Fresno, its officers, agents, and employees, individually and
collectively, as additional insured, but only insofar as the operations under this Agreement are
concerned. Such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be
excess only and not contributing with insurance provided under CONTRACTOR's policies herein.
This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
written notice given to COUNTY.
Within thirty (30) days from the date CONTRACTOR 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, ATTN: Deputy
Director of Resources and Administration, 2220 Tulare Street, 6th Floor, Fresno, CA 93721, stating
that such insurance coverages have been obtained and are in full force; that the County of
Fresno, its officers, agents and employees will not be responsible for any premiums on the
policies; that such Commercial General Liability insurance names the County of Fresno, its
officers, agents and employees, individually and collectively, as additional insured, but only insofar
as the operations under this Agreement are concerned; that such coverage for additional insured
shall apply as primary insurance and any other insurance, or self-insurance, maintained by
COUNTY, its officers, agents and employees, shall be excess only and not contributing with
-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
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 Auditor General 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 CONTRACTOR
COUNTY OF FRESNO SEE EXHIBIT A
ATTN: Deputy Director, Resources and Administration
Public Works and Planning
2220 Tulare Street, 6th Floor
Fresno, CA 93721
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
-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
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 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 this 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
-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
transactions that they are a party to by completing and signing a Self-Dealing Transaction
Disclosure Form, attached hereto as Exhibit E and incorporated herein by reference, and
submitting it to the COUNTY prior to commencing with the self-dealing transaction or
immediately thereafter.
15. 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 understandings of any nature whatsoever unless expressly
included in this Agreement. In the event of any inconsistency in interpreting the documents which
constitute this Agreement, the inconsistency shall be resolved by giving precedence in the
following order of priority: (1) the text of this Agreement, together with Exhibit A (specifically
excluding all Exhibits other than Exhibit A); (2) Attachment "B," the COUNTY'S RFSQ No. 926-
5478; and (3) the respective CONTRACTOR’S response to COUNTY'S RFSQ No. 926-5478,
which is the corresponding Exhibit (specifically Exhibit C-1, C-2 or C-3) that was submitted by that
CONTRACTOR..
///
///
///
///
///
///
///
///
///
///
///
///
///
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
2 year first hereinabove written.
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
CONTRACTORS:
SEE ADDITIONAL SIGNATURE PAGES
ATTACHED
FOR ACCOUNTING USE ONLY:
ORG: 55122210 55122211 4510
FUND: 0001 0001 0010
SUBCLASS: 10000 10000 11000
ACCOUNT: 7295 7295 7295
-11-
COUNTY OF FRESNO:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
Bycf\~
9026
0700
15000
7295
LIST OF CONTRACTORS
CONTRACTOR NAME ADDRESS CONTRACTOR
CONTACT
EXHIBIT
REFERENCE
1. American Refuse, Inc. d.b.a.
American Tire Tec
1316 J Street
Wasco, CA 93280
Luis Vasquez
luis@americanrefuse.co Exhibit C-1
2. Gilton Resource Recovery/
Transfer Facility, Inc.
755 South Yosemite Ave
Oakdale, CA 95361
Aaron Danhoff
aarond@gilton.com Exhibit C-2
3. West Coast Rubber Recycling, Inc. 1501 Lana Way
Hollister, CA 95023
Jim Hornung
jim@groundrubber.com Exhibit C-3
Exhibit A
1 of 1
REQUEST FOR STATEMENT OF QUALIFICATIONS
NO. 926-5478
COUNTY OF FRESNO
Tire Disposal and Recycling
Issuance Date: June 3, 2016
Closing Date: June 23, 2016
Submittals: Six (6) paper copies of the Statement of Qualifications
Addressed To: Shannon W. Kirby, Purchasing Analyst
Mailing Address: County of Fresno, Purchasing
4525 E. Hamilton Avenue, 2nd Floor
Fresno, CA 93702
Mark Envelope: "RFSQ – Tire Disposal and Recycling”
Cost Limit for
Agreement(s):
$1,049,100.00
STATEMENT OF QUALIFICATIONS (SOQ) PACKAGES RECEIVED AFTER THE TIME AND DATE
STATED ABOVE WILL BE RETURNED UNOPENED TO THE VENDOR.
Inquiries and Updates: Requests for clarification regarding this Request for Statement of Qualifications
(RFSQ) must be submitted in writing via email to Shannon W. Kirby, Purchasing Analyst, at
skirby@co.fresno.ca.us, and received by the County no later than 10:00 A.M., June 13, 2016. Such
information as is reasonably available and will facilitate preparation of responses hereto, requests for
clarification and associated responses, and any addenda to this RFSQ will be posted at:
https://www2.co.fresno.ca.us/0440/Bids/BidsHome.aspx and will not otherwise be distributed.
BIDDER TO COMPLETE
Undersigned agrees to furnish the commodity or service stipulated in the attached response at the prices
and terms stated, subject to the attached “County of Fresno Purchasing Standard Instructions And
Conditions For Requests For Statement of Qualifications (RSFQ’s)”
Organization
Individual/Contact Person Title
Street Address/P.O. Box
City State Zip Code
Telephone Fax Number E-Mail Address
Exhibit B
1 of 8
1
TABLE OF CONTENTS
PAGE
I. OVERVIEW ............................................................................................................ 2
II. SERVICES TO BE PROVIDED BY CONTRACTOR ............................................. 2
III. AGREEMENT TERM ............................................................................................. 2
IV. SOQ SUBMITTAL REQUIREMENTS .................................................................... 3
V. INSURANCE .......................................................................................................... 3
VI. SELECTION PROCEDURE ................................................................................... 4
VII. APPEALS ............................................................................................................... 5
Attachment:
A. Pricing Quotation Form
Exhibit B
2 of 8
2
I. OVERVIEW
It is the intent of the County of Fresno to establish a master agreement with several contractors for the
provision of collecting, hauling, and recycling of waste tires collected at its American Avenue Disposal
Site in Kerman, CA; through tire cleanup activities performed by the Road Maintenance and Operations
Division at multiple yards located throughout the County; as well as through the Resources Division’s
waste tire amnesty events, held at the multiple Road Maintenance yards located throughout the County.
The County reserves the right, at its sole discretion, to terminate this RFSQ process or negotiations with
a selected Contractor and either perform the work with its staff or begin a new RFSQ process. Nothing
herein, or in the process, shall be construed as having obligated the County to pay for any expenses
incurred by respondents to this RFSQ, or to the selected Contractor(s) prior to Board of Supervisors’
approval of a Contractor services agreement.
II. SERVICES TO BE PROVIDED BY CONTRACTOR
The successful contractors will:
- Provide collection, hauling, and recycling services for multiple sizes of tires including standard
passenger tires (car, light truck, van, and motorcycle), truck tires (diesel/”big rig” tires), and tractor
tires.
- Provide a van trailer(s) with minimum length of 45 feet for the Road Maintenance Division tire
cleanup activities and Resources Division waste tire amnesty activities.
o Provide the van trailer(s) to the Road Maintenance Division at designated Road Maintenance
yards for a minimum of 30-60 days. Road Maintenance staff performs waste tire removal
services on County roads and rights-of-way and unloads the waste tires and tire scrap into the
furnished van trailer.
o Provide the van trailer(s) to the Resources Division at designated Road Maintenance yards for a
weekend waste tire amnesty event. Resources staff coordinates waste tire amnesty events and
invites County residents to the designated Road Maintenance yard to drop off accumulated
waste tires and tire scrap. County staff, and/or outside agency labor crews (inmate work crews,
Conservation Corps work crews, etc.) unload the waste tires and tire scrap into the furnished van
trailer.
- Provide a gondola or open top trailer(s) with minimum length of 45 feet for the American Avenue
Disposal Site for waste tire removal activities.
o Provide the gondola/open-top trailer(s) to the American Avenue Disposal Site (AADS) to be
staged at the designated waste tire storage area for loading. County residents utilize AADS to
dispose of waste tires and tire scrap, and AADS staff utilizes loaders and/or other heavy
equipment to load multiple waste tires at once into the top of the trailer.
III. AGREEMENT TERM
The term of the Agreement will be three years, unless prior to its expiration its term is extended in
writing, for no more than two additional one-year terms, by mutual consent of the Director or his/her
designee and the Contractor(s). The maximum total fee is $1,049,100.00. The cost rates presented in
the Agreement will be in effect for the entire duration of the Agreement, with an optional provision to
adjust the rates once annually for inflation. The Contractor may request new rates from the Department,
subject to written approval of the Department’s representative. The Contractor shall initiate the rate
adjustment process by submitting a proposed adjusted fee schedule to the Department for review and
approval. The Department’s Director or his/her designee expressly reserves the right to approve all rate
increases. Specific project work may be extended or may be transferred to another Contractor if work is
not concluded by the end of the Agreement.
Total fees paid to the each contractor will be dependent upon the bid provided by contractor. No
guarantee is made that the total fee or any fee will be received by the contractor.
Exhibit B
3 of 8
3
Where specific functions are required by law to be performed by the County or where specific functions
are listed in the Agreement as to be performed by the County, County staff will perform the actual work
function.
IV. SOQ SUBMITTAL REQUIREMENTS
The submittal shall be in three (3) parts.
A. COMPANY DATA:
The submittal will enable the Selection Committee to appraise the general competence and
qualifications of the appraisal firms. Please provide the listed information in the following sequence:
1. Firm name, address and phone number
2. Type of organization (sole-proprietorship, partnership, or corporation)
3. Company principals who will be responsible for the services, and their training and experience
4. List the name and phone number of at least five relevant client references
B. PERMITS AND LICENSES:
1. Must possess all required permits, licenses, certifications, and endorsements pursuant to all
federal, state, and local regulations pertaining to the collection, transportation, and disposal
and/or recycling of waste tires/tire materials.
2. Must maintain all proper documentation of said waste tires/tire materials from the collection point
to the destination facility and ultimate disposition (shredding, chipping, grinding, recycling, etc.)
as required by federal, state, and local regulations.
C. BILLING AND REPORTING:
1. Must provide accurate and timely billings for services provided. Invoices shall be submitted
within 5-7 business days to the appropriate County staff so that invoices can be reviewed and
approved for payment in a timely fashion.
Will only charge a nominal fee in the case that a trailer is not utilized after request for
service. This fee will serve to recover the cost of fuel, but the County will not be expected to
incur the full cost of the trailer.
2. Must provide monthly reports summarizing number of trailers, dates and locations where trailers
were dropped and picked up, tonnage collected, as well as copies of all manifests, scale tickets,
etc. for said waste tires/tire materials. Because tire cleanup and tire amnesty activities are made
possible by State funded grant programs, supporting documents such as these aforementioned
documents are necessary for grant reporting purposes.
DO NOT SUBMIT MORE INFORMATION THAN REQUESTED IN THIS RFSQ
V. 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 One
Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars
($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific
coverages including completed operations, products liability, contractual liability, Explosion-Collapse-
Underground, fire legal liability or any other liability insurance deemed necessary because of the
nature of this contract.
B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits for bodily injury of not
less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand
Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars
Exhibit B
4 of 8
4
($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars
($500,000.00). Coverage should include owned and non-owned vehicles used in connection with
this Agreement.
C. Professional Liability: If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N.,
L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than
One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual
aggregate.
D. This coverage shall be issued on a per claim basis. Contractor agrees that it shall maintain, at its
sole expense, in full force and effect for a period of three years following the termination of this
Agreement, one or more policies of professional liability insurance with limits of coverage as
specified herein.
E. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the
California Labor Code.
Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County
of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but
only insofar as the operations under this Agreement are concerned. Such coverage for additional
insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by
County, its officers, agents and employees shall be excess only and not contributing with insurance
provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a
minimum of thirty (30) days advance written notice given to County.
Within thirty (30) days from the date Contractor executes this Agreement, Contractor shall provide
certificates of insurance and endorsement as stated above for all of the foregoing policies, as required
herein, to the County of Fresno, Public Works – Resources, 2220 Tulare Street, 6th Floor, Fresno,
CA 93721, stating that such insurance coverage have been obtained and are in full force; that the
County of Fresno, its officers, agents and employees will not be responsible for any premiums on the
policies; that such Commercial General Liability insurance names the County of Fresno, its officers,
agents and employees, individually and collectively, as additional insured, but only insofar as the
operations under this Agreement are concerned; that such coverage for additional insured shall apply as
primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents
and employees, shall be excess only and not contributing with insurance provided under Contractor's
policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)
days advance, written notice given to County.
In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the
County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the
occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the State of California. Insurance
purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII
or better.
VI. SELECTION PROCEDURE
A Selection Committee (“the Committee”) will be formed to review and evaluate the Statements of
Qualifications (SOQs) and to make recommendations. The Committee will consist of Department
representatives who will screen the SOQs to narrow consideration to those firms deemed qualified to
provide the services needed under this RFSQ. The Committee will address the following criteria in its
evaluation of the SOQs:
- Qualifications of the company in terms of providing tire disposal and recycling services as outlined in
this RFSQ:
o Projects similar in nature to what is required in this RFSQ.
- Experience of the company in terms of providing tire disposal and recycling services as outlined in
this RFSQ:
o Key personnel experience (project manager/account executive/project coordinator).
Exhibit B
5 of 8
5
o Current and valid permitting and licensing documents from regulatory/government agencies.
o Compliance/permitting issues or regulatory complications within the previous five (5) years.
o Positive feedback from provided references.
- Providing the requisite services, as outlined in this RFSQ, in a timely and efficient fashion:
o Prompt turnaround time for delivery and pickup of tire trailers supplied for County activities
(Disposal Site tire removal, Road Cleanup, and Tire Amnesty).
o Ability to supply trailers for an extended period of time (30-60 days for Disposal Site and Road
Cleanup activities).
- Technical Qualifications:
o Trailer Fleet (Size of fleet and trailer type, i.e. van trailers, gondola/open top trailers, etc.).
- Cost:
o Cost will be taken into consideration in terms of departmental planning and budgeting, but is not
a primary determining factor in the award/evaluation process of this RFSQ.
The County reserves the right to conduct a background inquiry of each proposer which may include
collection of appropriate criminal history information, contractual and business associations and
practices, employment histories and reputation in the business community. By submitting a SOQ to the
County, the proposer consents to such an inquiry and agrees to make available to the County such
books and records the County deems necessary to conduct the inquiry.
VII. APPEALS
Appeals must be submitted in writing within seven (7) working days after notification of proposed
recommendations for award. A “Notice of Award” is not an indication of County’s acceptance of an offer
made in response to this RFSQ. Appeals should be submitted to County of Fresno Purchasing, 4525 E.
Hamilton Avenue, Fresno, California 93702-4599 and in Word format to gcornuelle@co.fresno.ca.us.
Appeals should address only areas regarding RFSQ contradictions, procurement errors, selection
discrepancies, legality of procurement context, conflict of interest, and inappropriate or unfair competitive
procurement grievance regarding the RFSQ process.
Purchasing will provide a written response to the complainant within seven (7) working days unless the
complainant is notified more time is required.
If the protesting bidder is not satisfied with the decision of Purchasing, he/she shall have the right to
appeal to the Purchasing Agent/CAO within seven (7) working days after Purchasing’s notification;
except if, notified to appeal directly to the Board of Supervisors at the scheduled date and time.
If the protesting bidder is not satisfied with Purchasing Agent/CAO’s decision, the final appeal is with the
Board of Supervisors.
Exhibit B
6 of 8
1
COUNTY OF FRESNO
PRICING QUOTATION FORM
RFSQ NUMBER: 926-5478
A. AMERICAN AVENUE DISPOSAL SITE
1. COUNTY TO SUPPLY LABOR TO LOAD TRAILERS
COUNTY LOCATIONS TRAILER
SIZE
COST PER
TRAILER
(30-60 DAYS)
DELIVERY FEE PER
TRAILER
(IF APPLICABLE)
American Avenue Disposal Site
18950 W. American Avenue
Kerman, CA 93630
B. ROAD MAINTENANCE TIRE CLEANUP AND WASTE TIRE AMNESTY DAYS
1. COUNTY TO SUPPLY LABOR TO LOAD TRAILERS
COUNTY LOCATIONS TRAILER
SIZE
COST PER
TRAILER
TIRE CLEANUP
(30-60 DAYS)
COST PER TRAILER
TIRE AMNESTY
(1-2 DAY EVENTS)
DELIVERY FEE PER
TRAILER
(IF APPLICABLE)
Firebaugh (Area 1)
38835 W. Nees Avenue
Firebaugh, CA 93622
Tranquillity (Area 2)
25411 W. Silveira
Tranquillity, CA 93668
Coalinga (Area 3)
779 E. Polk Street
Coalinga, CA 93210
Biola (Area 4)
12855 W. “G” Street
Biola, CA 93606
Caruthers (Area 5)
2544 W. Mountain View
Caruthers, CA 93609
Fresno (Area 7)
9400 N. Matus Avenue
Fresno, CA 93720
Sanger (Area 8)
9525 E. Olive
Sanger, CA 93657
Sanger (Area 9)
3633 S. Del Rey Avenue
Sanger, CA 93657
Exhibit B
7 of 8
2
COUNTY OF FRESNO
PRICING QUOTATION FORM
RFSQ NUMBER: 926-5478
COUNTY LOCATIONS TRAILER
SIZE
COST PER
TRAILER
TIRE CLEANUP
(30-60 DAYS)
COST PER TRAILER
TIRE AMNESTY
(1-2 DAY EVENTS)
DELIVERY FEE PER
TRAILER
(IF APPLICABLE)
Dunlap (Area 9D)
40315 Dunlap Road
Dunlap, CA 93621
Auberry (Area 11)
332148 Auberry Road
Auberry, CA 93602
Shaver (Area 12)
41686 Dinkey Creek Road
Shaver Lake, CA 93664
Material Storage Facility
Denver and Lincoln Ave.
Tranquillity, CA 93668
C. FUEL RECOVERY FEE – EMPTY TRAILERS RETURNED TO VENDOR
1. In the case a trailer is not utilized and must be returned to the vendor, the vendor will only charge
a nominal fee to recover the cost of fuel for the trip to recover the trailer and return it to the
vendor’s facility. Please indicate this fee below.
FUEL RECOVERY FEE: $ PER TRAILER
Exhibit B
8 of 8
Exhibit C-1
1 of 5
Exhibit C-1
2 of 5
Exhibit C-1
3 of 5
Exhibit C-1
4 of 5
Exhibit C-1
5 of 5
Exhibit C-2 1 of 29
Exhibit C-2 2 of 29
Exhibit C-2 3 of 29
Exhibit C-2 4 of 29
Exhibit C-2 5 of 29
Exhibit C-2 6 of 29
Exhibit C-2 7 of 29
Exhibit C-2 8 of 29
Exhibit C-2 9 of 29
Exhibit C-2 10 of 29
Exhibit C-2 11 of 29
Exhibit C-2 12 of 29
Exhibit C-2 13 of 29
Exhibit C-2 14 of 29
Exhibit C-2 15 of 29
Exhibit C-2 16 of 29
Exhibit C-2 17 of 29
Exhibit C-2 18 of 29
Exhibit C-2 19 of 29
Exhibit C-2 20 of 29
Exhibit C-2 21 of 29
Exhibit C-2 22 of 29
Exhibit C-2 23 of 29
Exhibit C-2 24 of 29
Exhibit C-2 25 of 29
Exhibit C-2 26 of 29
Exhibit C-2 27 of 29
Exhibit C-2 28 of 29
Exhibit C-2 29 of 29
Exhibit C-3 1 of 4
Exhibit C-3 2 of 4
Exhibit C-3 3 of 4
Exhibit C-3 4 of 4
DIVISION STAFF REPRESENTATIVES – INVOICING, BILLING, AND PAYMENTS
NAME DIVISION ADDRESS PHONE EMAIL
Jim Hodge Road Maintenance &
Operations
2220 Tulare Street, 6th Floor
Fresno, CA 93721 559.600.4240 jhodge@co.fresno.ca.us
Mike Griffey Resources – Solid Waste
Planning
2220 Tulare Street, 6th Floor
Fresno, CA 93721 559.600.4259 mgriffey@co.fresno.ca.us
Craig Nickel Resources – American
Avenue Disposal Site
2220 Tulare Street, 6th Floor
Fresno, CA 93721 559.600.4259 cnickel@co.fresno.ca.us
Thomas Hunt Resources – American
Avenue Disposal Site
2220 Tulare Street, 6th Floor
Fresno, CA 93721 559.600.4259 thunt@co.fresno.ca.us
Exhibit D
1 of 1
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).
Exhibit E
1 of 2
(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:
Exhibit E
2 of 2