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HomeMy WebLinkAboutAgreement A-16-651 for Pump and Motor Repairs and Services.pdf-1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M A S T E R A G R E E M E N T THIS AGREEMENT is made and entered into this _____day of November, 2016, by the COUNTY OF FRESNO, a Political Subdivision of the State of California ("COUNTY"), and each contractor listed in Exhibit A to this agreement (each a “CONTRACTOR” and collectively the “CONTRACTORS”). W I T N E S S E T H WHEREAS, the COUNTY on July 20, 2016, issued Request for Quotation (RFQ) No. 928-5484, and Addendum Number: ONE (1), a copy of which is on file with the Department of Public Works and Planning, Special Districts Administrator, 2220 Tulare Street, Sixth Floor, Fresno, California 93721 (collectively, “RFQ No 928-5484”), for pump and electrical motor service and repair, including on-site repairs and replacement of water and wastewater related items; and WHEREAS, each CONTRACTOR submitted a response to RFQ No. 928-5484; and WHEREAS, the COUNTY has evaluated each CONTRACTOR’s Response to RFQ No. 928-5484 and has determined that each CONTRACTOR is qualified and capable of performing the work specified in RFQ No. 928-5484. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the COUNTY and each CONTRACTOR agree as follows: 1.OBLIGATIONS OF THE CONTRACTOR A. SCOPE OF WORK / DUTIES: Each CONTRACTOR shall provide, for the facilities listed in its portion of Exhibit C to this agreement (Exhibit C is comprised of multiple subparts labeled Exhibit C-1, Exhibit C-2, and so on, with one subpart for each CONTRACTOR), all services (including but not limited to labor, material, parts, equipment, transportation, and taxes) related to the following: -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 1)On-site repair of pumps and ancillary equipment that does not require in-shop repair service. 2) Supply of water pumps and electrical components for (or in conjunction with) on-site work. 3) Pump removal and possible delivery to a pump or electric motor shop as determined by County Special District staff. 4) Pick-up of pumps from pump or electric motor vendor or repair shops, and delivery to specified County facilities. 5) Installation of pumps, electric motors, or both at water and wastewater facilities, using a crane with the appropriate capabilities. 6) Repair or replacement of water and wastewater pressure-related items and lines. 7) Rip wastewater treatment ponds. 8) Miscellaneous water and sewer line repairs. 9)In-shop repair services 10) Parts and Supplies B. SERVICE RESPONSE REQUIREMENTS Each CONTRACTOR must be available 24 hours per day, 7 days per week. Although most facilities have a back-up system which allows for repairs during normal business hours, in an emergency situation, it is the COUNTY’s expectation that each CONTRACTOR should be capable of mobilizing and arriving on-site, with sufficient staff and equipment, at any of the facilities designated on that CONTRACTOR’s portion of Exhibit C, within four (4) hours of being contacted by COUNTY Representative. C. Service shall be performed by each CONTRACTOR as needed upon notification to that CONTRACTOR by a COUNTY Representative, as defined in section 2.B. below. The notification may be given by telephone call, email, or other writing. Upon notification by a COUNTY Representative, the CONTRACTOR shall provide to that COUNTY Representative an estimated date and time the CONTRACTOR’s arrival at service site. The contact person for -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 each CONTRACTOR is listed in Exhibit A. D. ADDITIONAL WORK If a CONTRACTOR determines that additional repairs will be required, or that some other type of adjustment to the scope of the work initially requested by the COUNTY Representative will be necessary, the CONTRACTOR must first contact the COUNTY Representative for authorization or direction concerning such additional repairs or proposed adjustment to the scope of requested work, before performing any such additional repairs or work. E. NO RELATIONSHIP TO OTHER CONTRACTORS Under this Agreement, each CONTRACTOR only has rights and obligations with respect to the COUNTY. This Agreement creates no rights or obligations between any CONTRACTORS; no CONTRACTOR has any right to receive performance under this Agreement from, or to enforce any part of this Agreement against, any other CONTRACTOR. 2.OBLIGATIONS OF THE COUNTY A. COUNTY shall compensate each CONTRACTOR as provided in this Agreement. B. There are two “COUNTY Representatives,” each of whom will represent the COUNTY as provided in this agreement and will work with each CONTRACTOR in carrying out the provisions of this Agreement. The COUNTY Representative for Group I facilities (Special Districts and Disposal Sites) will be the COUNTY Director of the Department of Public Works and Planning or his or her designee. The COUNTY Representative for Group II facilities (Facility Services) will be the Internal Services Department, Facilities Services Division Manager or his or her designee. Each CONTRACTOR shall communicate and coordinate with the appropriate COUNTY Representative, based on the facilities designated on that CONTRACTOR’s portion of Exhibit C, and each COUNTY Representative will provide the following services: 1)Examine documents submitted to the COUNTY by each CONTRACTOR and timely render decisions pertaining thereto; and 2)Provide communication between each CONTRACTOR and COUNTY officials and commissions. -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. Each COUNTY Representative shall give consideration to all matters submitted for approval by each CONTRACTOR in a manner that advances the mutual intent of the COUNTY and the relevant CONTRACTOR to avoid any substantial delays in that CONTRACTOR’s program of work. 3.TERM The term of this Agreement shall be for a period of three (3) years, commencing on November 1, 2016, through and including October 31, 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 is authorized to execute such written approval on behalf of COUNTY, as to each CONTRACTOR separately, based on that CONTRACTOR’s satisfactory performance. 4.TERMINATION A. Non-Allocation of Funds - The terms of this Agreement, and the services to be provided under it, 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 the COUNTY giving the CONTRACTORS thirty (30) days advance written notice. B. Breach of Contract - The COUNTY may immediately suspend or terminate this Agreement as to any CONTRACTOR 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 a -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 CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of each CONTRACTOR the repayment to the COUNTY of any funds disbursed to that CONTRACTOR under this Agreement, which in the judgment of the COUNTY were not expended in accordance with the terms of this Agreement. The CONTRACTOR shall promptly refund any such funds upon demand. C. Without Cause - Under circumstances other than those set forth above, this Agreement may be terminated by the COUNTY as to any CONTRACTOR, or by any CONTRACTOR as to the COUNTY, upon giving ninety (90) days advance written notice of an intention to terminate to other party. In the event of such termination, the CONTRACTOR shall be paid for satisfactory services or supplies provided to the date of termination. 5.COMPENSATION A. The COUNTY shall only provide compensation and payment to each CONTRACTOR for work authorized by the COUNTY Representative. B. The COUNTY will compensate and pay each CONTRACTOR for labor, travel time, parts, pump rigs, service trucks and equipment utilized for COUNTY authorized work in accordance with the rates provided in Exhibit C. In no event shall compensation paid by the COUNTY for services performed under this Agreement by all CONTRACTORS exceed the maximum annual amount of $600,000.00. The total maximum cumulative amount payable to all CONTRACTORS considered collectively for the services to be provided under this agreement, including the initial three-year term and the two potential one-year renewal periods, shall not exceed $3,000,000.00. All expenses incidental to each CONTRACTOR’s performance of services under this Agreement shall be borne by that CONTRACTOR. /// /// /// /// -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 C. CPI ADJUSTMENT: For each of the two additional one-year renewal periods past the three year term, if the COUNTY Representative and each CONTRACTOR allow the Agreement to be automatically extended as to that CONTRACTOR, the CONTRACTOR’s price quote(s) for hourly labor rates and travel time rate per mile will be increased by three percent (3%). 6.INVOICING AND PAYMENT A. Invoicing Each CONTRACTOR shall prepare and send to the COUNTY a separate invoice for each work project and for each facility where the work is performed. The invoice shall be dated, have an invoice number, identify the facility where the work is performed, provide an itemized description of what was repaired, replaced or improved, hours of labor (including when hourly charges began and ended), rates, parts, quantities, costs and totals. For Group I facilities, the invoices shall be sent to: Fresno County Department of Public Works and Planning Resources Division, Special Districts Section 2220 Tulare Street, Sixth Floor Fresno, CA 93721-2106 For Group II facilities, the invoices shall be sent to: Fresno County Internal Services Department Facilities Services Division 4590 East Kings Canyon Road Fresno, CA 93702 B. Payment COUNTY shall pay each CONTRACTOR within forty-five (45) days after receipt and verification of the accuracy and sufficiency of that CONTRACTOR’s invoice(s) by the applicable department (for Group I facilities, the Department of Public Works and Planning; for Group II facilities, the Internal Services Department). In the event that a submitted invoice contains any errors or is otherwise determined to be insufficient, the applicable 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 /// -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 commence only upon receipt and verification by the applicable department that a sufficient invoice has been submitted. 7.INDEPENDENT CONTRACTOR In performance of the work, duties and obligations assumed by each CONTRACTOR under this Agreement, it is mutually understood and agreed that each 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 each CONTRACTOR performs its work and function. However, COUNTY shall retain the right to administer this Agreement so as to verify that each CONTRACTOR is performing its obligations in accordance with the terms and conditions of this Agreement. Each 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, each CONTRACTOR shall have absolutely no right to employment rights and benefits available to COUNTY employees. Each CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, each CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating to payment of that CONTRACTOR’s employees, including compliance with Social Security withholding and all other regulations governing such matters. The COUNTY acknowledges that during the term of this Agreement, each CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement. 8.MODIFICATION Except as provided in section 12, this agreement may not be modified, and no waiver is effective, except by another written agreement that is signed by all parties. -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 9.NON-ASSIGNMENT Neither the COUNTY nor any CONTRACTOR may assign, transfer or sub-contract this Agreement nor its rights or duties under this Agreement, without the prior written consent of the COUNTY and the CONTRACTOR seeking to make such assignment. 10. HOLD HARMLESS Each 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 that 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 that CONTRACTOR, its officers, agents, or employees under this Agreement. 11. INSURANCE Without limiting the COUNTY's right to obtain indemnification from each CONTRACTOR or any third parties, each 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 -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 Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this Agreement. C. Professional Liability If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. Each 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 the 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 each 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, Department of Public Works and Planning, Resources Division, 2220 Tulare Street, 6th Floor, Fresno, California 93721, Attn: Special Districts Section, 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 -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 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 the CONTRACTOR’s policies required by this Agreement; 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 a 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 as to that CONTRACTOR 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. 12. ADDITION AND DELETION OF CONTRACTORS The COUNTY reserves the right at any time during the term of this Agreement to add new contractors to those listed in Exhibit A by written amendment signed only by the COUNTY and the contractor or contractors to be added. Any such contractors added must qualify according to the terms of RFQ No. 928-5484. Each CONTRACTOR understands that any such additions will not affect compensation paid to any other CONTRACTOR, and therefore such additions may be made by COUNTY without notice to or approval of the CONTRACTORS under this Agreement. These same provisions shall apply to the deletion of any CONTRACTOR listed in Exhibit A. 13. AUDITS AND INSPECTIONS Each 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. Each CONTRACTOR shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure that CONTRACTOR’s compliance with the terms of this Agreement. If this Agreement exceeds ten thousand dollars ($10,000.00), each -11- 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 CONTRACTOR shall be subject to the examination and audit of the California State Auditor for a period of three (3) years after final payment under contract (Government Code Section 8546.7). 14. NOTICES The persons and their addresses having authority to give and receive notices under this Agreement include the following: COUNTY OF FRESNO CONTRACTOR(S) Special Districts Administrator SEE EXHIBIT A Department of Public Works and Planning 2220 Tulare Street, 6th Floor Fresno, CA 93721 Internal Services Department Facility Services Division Facility Services Manager 4590 E. Kings Canyon Road Fresno, CA 93702 Any and all notices between the COUNTY and any CONTRACTOR provided for or permitted under this Agreement must be in writing and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal service is effective upon service to the recipient. A notice delivered by first-class United States 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 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 810). 15. 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. 16.DISCLOSURE OF SELF-DEALING TRANSACTIONS This provision is only applicable to each CONTRACTOR that is operating as a corporation (a for-profit or non-profit corporation), including if, during the term of the agreement, the CONTRACTOR changes its status to operate as a corporation. Members of the CONTRACTOR’s Board of Directors shall disclose any self- dealing transactions that they are a party to while the CONTRACTOR is providing goods or performing services under this agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit D to this Agreement, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. 17.SEVERABILITY Should any provision of this Agreement be found or deemed to be invalid by a court of competent jurisdiction, this Agreement shall be construed as not containing such provision, and all other provisions, which are otherwise lawful, shall remain in full force and effect, and to this end the provision of this Agreement are hereby declared to be severable. 18. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous Agreement negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any nature whatsoever unless expressly included in this Agreement. In the event of any -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this Agreement, excluding all Exhibits other than Exhibit A and Exhibit B; (2) Exhibit C, contractor pricing; and (3) Exhibit D, the self-dealing transaction form. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date set 2 forth above. 3 CONTRACTORS: 4 SEE ADDITIONAL SIGNATURE PAGES 5 ATTACHED 6 7 8 9 10 11 12 13 14 15 16 17 FOR ACCOUNTING USE ONLY: COUNTY OF FRESNO By£_ ~(b~~ Ernest Buddy Men es, Cha1rman Board of Supervisors BERNICE E. SEIDEL, Clerk Board of Supervisors Date: bJ?Jx. Q:,J4\RA. I 5 1 'l-0 lfc Various County Service Areas and Waterworks Districts: 18 Orgs 9140, 9141, 9145, 9150, 9250, 9154,9163,9170, 9166, 9172, 9322, 9320, 9181,9255, 19 9254,9212,9301,9244,9246,9247,9310,9249,9357,9358,9360,9361,9351,9362 20 Various Disposal Sites: 21 Orgs 9026 and 9020 22 Accounts: 7205, 7220, 7295 23 Facility Services: Org: 8935 24 Account: 7205 25 Fund: 1045 26 27 28 Subclass: 10000 -14- Master Agreement- Pump and Motor Services Exhibit A Page 1 of 1 LIST OF CONTRACTORS CONTRACTOR NAME ADDRESS CONTRACTOR CONTACT 1. Doug Koerper Construction P.O. Box 484 Shaver Lake, CA 93644 Contact: Doug Koerper Phone: (559) 841-3747 Fax: (559) 841-2424 E-mail: dougkoerper@yahoo.com 2. American System Controls and Integration, Inc. 510 Greger Street Oakdale, CA 95361 Contact: Eric Houston Phone: (209) 593-1176 E-mail: ehouston@americanscii.com 3. Gleim-Crown Pump, Inc. P.O. Box 12585 Fresno, CA 93778 Contact: Rowland Gleim Phone: (559) 266-0584 Fax: (559) 266-9557 E-Mail: accounts@gleimcrownpump.com 4. Electric Motor Shop, Inc. 253 Fulton Street Fresno, CA 93721 Contact: David Scott Phone: (559) 650-1153 Fax: (559) 650-1134 E-Mail: dave.scott@electicmotorshop.com Master Agreement- Pump and Motor Services Exhibit B Page 1 of 2 Definitions “Group I facilities” are water facilities, wastewater facilities, and disposal sites managed by the County of Fresno, Resources Division, Special Districts and Disposal Site Sections, including Valley District Facilities, Mountain District Facilities, Western District Facilities, and Disposal Sites. “Valley District Facilities” is a sub-group within Group I comprised of water facilities, wastewater facilities, or both at CSA 5 (Wildwood Island), CSA 10 (Cumorah Knolls), CSA 10A (Mansionette Estates), CSA 14 (Belmont Manor), CSA 34WWTF (Millerton Newtown), CSA 34A (Brighton Crest), CSA 34B (Ventana Hills), CSA 34C (Bella Vista), CSA 39AB (Beran Way), CSA 44A (Millerton Lake Mobile Home Village), CSA 44C (River View Subdivision), CSA 44D (Monte Verdi Estates), WWD 38 (Millerton Lake Park Estates Subdivision), WWD 42 (Alluvial Avenue/Fancher Avenue), and the Juvenile Justice Campus (JJC). “Mountain District Facilities” is a sub-group within Group I comprised of water facilities, wastewater facilities, or both at CSA 1 (Tamarack Estates), CSA 23 (Exchequer Heights), CSA 31B (Zone B: Downtown Shaver), WWD 37 (Mile High), WWD 40 (Shaver Springs), WWD 41S (South of Shaver Lake- Sewer), and WWD 41W (South of Shaver Lake- Water). “Western District Facilities” is a sub-group within Group I comprised of water facilities, wastewater facilities, or both at CSA 30 (El Porvenir Subdivision), CSA 32 (Cantua Creek Subdivision), CSA 43W (Raisin City), and CSA 49 (O’Neill Farming Community). “Disposal Sites” is a sub-group within Group I comprised of the American Avenue Disposal Site and the Southeast Regional Disposal Site. “Group II facilities” are various facilities managed by the County of Fresno, Facility Services Division, located throughout the County. “On-Site Repairs” means work performed at the Special Districts, Disposal Sites, or Facility Services locations. “In-Shop Repairs” means work performed on equipment that is brought to the contractor’s facility. “Hourly Labor Rate (On-Site)” means the hourly labor rate per person for any On-Site Repairs. “Hourly Labor Rate (In-Shop)” means the hourly labor rate per person for any In-Shop Repairs. “Travel Time” means the cost per mile for travel to and from the contractor’s facilities and the work site. “Parts Discount Percentage” means the percentage discounted from parts retail pricing to determine the price charted to the County for those parts. “1 Person Pump Rig” means a pump rig service truck with one operator “2 Person Pump Rig” means a pump rig service truck with two operators Master Agreement- Pump and Motor Services Exhibit B Page 2 of 2 “1 Person 3-5 Ton Truck” means a 3-5 ton service truck with one operator “2 Person 3-5 Ton Truck” means a 3-5 ton service truck with two operators “1 Person 10 Ton Truck” means a 10 ton service truck with one operator “2 Person 10 Ton Truck” means a 10 ton service truck with two operators “Backhoe” means a backhoe with one operator “Pickup/Delivery Rate” means the rate for contractor to pick up equipment from a site and deliver it to a specified repair shop. “Parts and Supplies” includes but is not limited to replacement parts and materials for: Flyght pumps; Pump related electrical motors; Electrical pump controls; Motor rewinds; Electrical motor controls; Motor rebuilds; Floats; Sealed electrical connections; Fuses – approximately 250 per year; Testing equipment; Phase monitors; Well pump protection; Sewage pumps; Vertical jet pumps; End suction type pumps; Horizontal split case pumps; Vertical multi-stage pumps; Gorman-Rupp sewage ejection pumps; Mercoid pressure switches; Capacitors; G. E. motor starters; Relays; Submersible water pumps; Wire; Electrical tools. All motor/pumps range from 0.5 to 125 horsepower. Brands for parts required include but are not limited to General Electric, Cutler, Hammer, Square D., Klochner, Moler, Furnas, Subtrol, Franklin, Baldor and Flyght. Some work may require equipment that is not listed here. Work that is not listed will be discussed between County Staff and Contractor prior to work being performed. Master Agreement - Pump and Motor Services Exhibit C-1 Page 1 of 1 Valley District Facilities Western County District Facilities Hourly Labor Rate (OnSite)Hourly Labor Rate (OnSite) Travel Time Travel Time Parts Discount Percentage Parts Discount Percentage 1 Man Pump Rig per hour 1 Man Pump Rig per hour 2 Man Pump Rig per hour 2 Man Pump Rig per hour 1 Man 3-5 Ton Truck per hour 1 Man 3-5 Ton Truck per hour 2 Man 3-5 Ton Truck per hour 2 Man 3-5 Ton Truck per hour 1 Man 10 Ton Truck per hour 1 Man 10 Ton Truck per hour 2 Man 10 Ton Truck per hour 2 Man 10 Ton Truck per hour Backhoe per hour Backhoe per hour Mountain District Facilities Disposal Sites Hourly Labor Rate (OnSite)$60.00 Hourly Labor Rate (OnSite) Travel Time -Travel Time Parts Discount Percentage 25%Parts Discount Percentage 1 Man Pump Rig per hour $100.00 1 Man Pump Rig per hour 2 Man Pump Rig per hour $160.00 2 Man Pump Rig per hour 1 Man 3-5 Ton Truck per hour $170.00 1 Man 3-5 Ton Truck per hour 2 Man 3-5 Ton Truck per hour $230.00 2 Man 3-5 Ton Truck per hour 1 Man 10 Ton Truck per hour -1 Man 10 Ton Truck per hour 2 Man 10 Ton Truck per hour -2 Man 10 Ton Truck per hour Backhoe per hour $120.00 Backhoe per hour GROUP I In-Shop Repairs Regular Hourly Rate (InShop)$60.00 Parts Discount Percentage 25% Pickup/Delivery Rate $100 per hour Facility Services On-Site Facility Services In-Shop Regular Hourly Rate (OnSite)Regular Hourly Rate (InShop) Overtime Hourly Rate (OnSite)Overtime Hourly Rate (InShop) After Hour/Emergency Rate (OnSite)After Hour/Emergency Rate (InShop) Travel Time Rate Travel Time Rate Parts Discount Percentage Parts Discount Percentage 1 Man Pump Rig per hour 2 Man Pump Rig per hour 1 Man 3-5 Ton Truck per hour 2 Man 3-5 Ton Truck per hour 1 Man 10 Ton Truck per hour 2 Man 10 Ton Truck per hour Backhoe per hour Not Applicable Not Applicable Doug Koerper Construction 559-841-3747 dougkoerper@yahoo.com GROUP I - On-Site Repairs GROUP II Not Applicable Not Applicable Not Applicable Master Agreement - Pump and Motor Services Exhibit C-2 Page 1 of 1 Valley District Facilities Western County District Facilities Hourly Labor Rate (OnSite)$125.00 Hourly Labor Rate (OnSite)$125.00 Travel Time $2.75 per mile Travel Time $2.75 per mile Parts Discount Percentage 10%Parts Discount Percentage 10% 1 Man Pump Rig per hour $175.00 1 Man Pump Rig per hour $175.00 2 Man Pump Rig per hour $300.00 2 Man Pump Rig per hour $300.00 1 Man 3-5 Ton Truck per hour $175.00 1 Man 3-5 Ton Truck per hour $175.00 2 Man 3-5 Ton Truck per hour $300.00 2 Man 3-5 Ton Truck per hour $300.00 1 Man 10 Ton Truck per hour $175.00 1 Man 10 Ton Truck per hour $175.00 2 Man 10 Ton Truck per hour $300.00 2 Man 10 Ton Truck per hour $300.00 Backhoe per hour $157.00 Backhoe per hour $157.00 Mountain District Facilities Disposal Sites Hourly Labor Rate (OnSite)$125.00 Hourly Labor Rate (OnSite)$125.00 Travel Time $2.75 per mile Travel Time $2.75 per mile Parts Discount Percentage 10%Parts Discount Percentage 10% 1 Man Pump Rig per hour $175.00 1 Man Pump Rig per hour $175.00 2 Man Pump Rig per hour $300.00 2 Man Pump Rig per hour $300.00 1 Man 3-5 Ton Truck per hour $175.00 1 Man 3-5 Ton Truck per hour $175.00 2 Man 3-5 Ton Truck per hour $300.00 2 Man 3-5 Ton Truck per hour $300.00 1 Man 10 Ton Truck per hour $175.00 1 Man 10 Ton Truck per hour $175.00 2 Man 10 Ton Truck per hour $300.00 2 Man 10 Ton Truck per hour $300.00 Backhoe per hour $157.00 Backhoe per hour $157.00 GROUP I In-Shop Repairs Regular Hourly Rate (InShop)$125.00 Parts Discount Percentage 10% Pickup/Delivery Rate $2.75 per mile Facility Services On-Site Facility Services In-Shop Regular Hourly Rate (OnSite)$125.00 Regular Hourly Rate (InShop)$125.00 Overtime Hourly Rate (OnSite)$175.00 Overtime Hourly Rate (InShop)$175.00 After Hour/Emergency Rate (OnSite)$175.00 After Hour/Emergency Rate (InShop)$175.00 Travel Time Rate $2.75 per mile Travel Time Rate $2.75 per mile Parts Discount Percentage 10%Parts Discount Percentage 10% 1 Man Pump Rig per hour $175.00 2 Man Pump Rig per hour $300.00 1 Man 3-5 Ton Truck per hour $175.00 2 Man 3-5 Ton Truck per hour $300.00 1 Man 10 Ton Truck per hour $175.00 2 Man 10 Ton Truck per hour $300.00 Backhoe per hour $157.00 American Control Systems and Integration, Inc. 209-593-1176 ehouston@americanscii.com GROUP I - On-Site Repairs GROUP II Master Agreement - Pump and Motor Services Exhibit C-3 Page 1 of 1 Valley District Facilities Western County District Facilities Hourly Labor Rate (OnSite)See Below Hourly Labor Rate (OnSite)See Below Travel Time -Travel Time - Parts Discount Percentage N/A Parts Discount Percentage N/A 1 Man Pump Rig per hour $122.50 1 Man Pump Rig per hour $122.50 2 Man Pump Rig per hour $150.00 2 Man Pump Rig per hour $150.00 1 Man 3-5 Ton Truck per hour $162.50 1 Man 3-5 Ton Truck per hour $162.50 2 Man 3-5 Ton Truck per hour $202.50 2 Man 3-5 Ton Truck per hour $202.50 1 Man 10 Ton Truck per hour $218.75 1 Man 10 Ton Truck per hour $218.75 2 Man 10 Ton Truck per hour $236.25 2 Man 10 Ton Truck per hour $236.25 Backhoe per hour -Backhoe per hour - Mountain District Facilities Disposal Sites Hourly Labor Rate (OnSite)See Below Hourly Labor Rate (OnSite)See Below Travel Time -Travel Time - Parts Discount Percentage N/A Parts Discount Percentage N/A 1 Man Pump Rig per hour $147.00 1 Man Pump Rig per hour $122.50 2 Man Pump Rig per hour $217.50 2 Man Pump Rig per hour $150.00 1 Man 3-5 Ton Truck per hour $225.00 1 Man 3-5 Ton Truck per hour $162.50 2 Man 3-5 Ton Truck per hour $243.00 2 Man 3-5 Ton Truck per hour $202.50 1 Man 10 Ton Truck per hour $243.00 1 Man 10 Ton Truck per hour $218.75 2 Man 10 Ton Truck per hour $274.50 2 Man 10 Ton Truck per hour $236.25 Backhoe per hour -Backhoe per hour - GROUP I In-Shop Repairs Regular Hourly Rate (InShop)$110.00 Parts Discount Percentage N/A Pickup/Delivery Rate $50.00 Facility Services On-Site Facility Services In-Shop Regular Hourly Rate (OnSite)$122.50 Regular Hourly Rate (InShop)$88.00 Overtime Hourly Rate (OnSite)$220.50 Overtime Hourly Rate (InShop)$132.00 After Hour/Emergency Rate (OnSite)$220.50 After Hour/Emergency Rate (InShop)$132.00 Travel Time Rate -Travel Time Rate - Parts Discount Percentage N/A Parts Discount Percentage N/A 1 Man Pump Rig per hour $122.50 2 Man Pump Rig per hour $150.00 1 Man 3-5 Ton Truck per hour $162.50 2 Man 3-5 Ton Truck per hour $202.50 1 Man 10 Ton Truck per hour $218.75 2 Man 10 Ton Truck per hour $236.25 Backhoe per hour - Gleim-Crown Pump, Inc. 559-266-9557 accounts@gleimcrownpump.com GROUP I - On-Site Repairs GROUP II Master Agreement - Pump and Motor Services Exhibit C-4 Page 1 of 1 Valley District Facilities Western County District Facilities Hourly Labor Rate (OnSite)$120.00 Hourly Labor Rate (OnSite)$120.00 Travel Time $0.95 Travel Time $0.95 Parts Discount Percentage 0-30%Parts Discount Percentage 0-30% 1 Man Pump Rig per hour -1 Man Pump Rig per hour - 2 Man Pump Rig per hour -2 Man Pump Rig per hour - 1 Man 3-5 Ton Truck per hour -1 Man 3-5 Ton Truck per hour - 2 Man 3-5 Ton Truck per hour -2 Man 3-5 Ton Truck per hour - 1 Man 10 Ton Truck per hour -1 Man 10 Ton Truck per hour - 2 Man 10 Ton Truck per hour -2 Man 10 Ton Truck per hour - Backhoe per hour -Backhoe per hour - Mountain District Facilities Disposal Sites Hourly Labor Rate (OnSite)$120.00 Hourly Labor Rate (OnSite)$120.00 Travel Time $0.95 Travel Time $0.95 Parts Discount Percentage 0-30%Parts Discount Percentage 0-30% 1 Man Pump Rig per hour -1 Man Pump Rig per hour - 2 Man Pump Rig per hour -2 Man Pump Rig per hour - 1 Man 3-5 Ton Truck per hour -1 Man 3-5 Ton Truck per hour - 2 Man 3-5 Ton Truck per hour -2 Man 3-5 Ton Truck per hour - 1 Man 10 Ton Truck per hour -1 Man 10 Ton Truck per hour - 2 Man 10 Ton Truck per hour -2 Man 10 Ton Truck per hour - Backhoe per hour -Backhoe per hour - GROUP I In-Shop Repairs Regular Hourly Rate (InShop)$98.00 Parts Discount Percentage 0-30% Pickup/Delivery Rate $0.95 Facility Services On-Site Facility Services In-Shop Regular Hourly Rate (OnSite)$120.00 Regular Hourly Rate (InShop)$98.00 Overtime Hourly Rate (OnSite)$150.00 Overtime Hourly Rate (InShop)$120.00 After Hour/Emergency Rate (OnSite)$180.00 After Hour/Emergency Rate (InShop)$150.00 Travel Time Rate $0.95 Travel Time Rate $0.95 Parts Discount Percentage 0-30%Parts Discount Percentage 0-30% 1 Man Pump Rig per hour - 2 Man Pump Rig per hour - 1 Man 3-5 Ton Truck per hour - 2 Man 3-5 Ton Truck per hour - 1 Man 10 Ton Truck per hour - 2 Man 10 Ton Truck per hour - Backhoe per hour - Electric Motor Shop, Inc. 559-650-1153 dave.scott@electricmotorshop.com GROUP I - On-Site Repairs GROUP II Master Agreement- Pump and Motor Services Exhibit D Page 1 of 2 SELF-DEALING TRANSACTION DISCLOSURE FORM In order to conduct business with the County of Fresno (hereinafter referred to as “County”), members of a corporation’s board of directors of the Consultant, must disclose any self -dealing transactions that they ar e 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). Master Agreement- Pump and Motor Services Exhibit D Page 2 of 2 Page 2 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: