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Agreement A-19-169 with F-N-F Roll Off Service, Inc..pdf
1 2 3 AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this ___ day of 4 _____ , 2019 ("Effective Date") by and between the County of Fresno, a political 5 subdivision of the State of California ("COUNTY"), and F-N-F Roll Off Service, Inc. located at 6 707 N. Monte Ave., Fresno, CA 93728 ("CONTRACTOR"). 7 WITNESS ETH: 8 WHEREAS, COUNTY requires rental services for 40-yard roll off bins for disposal of 9 green waste, and; 1 O WHEREAS COUNTY solicited bids in November 2018 from qualified vendors for 11 provision of roll off bin rental services, including delivery, pick up, and disposal of green waste 12 and general refuse generated by Parks staff and; 13 WHEREAS, CONTRACTOR submitted the lowest, most responsive bids for provision of 14 the requested services, and desires to provide these services to COUNTY. 15 NOW, THEREFORE, the parties agree as follows: 16 1. CONTRACTOR'S OBLIGATIONS: 17 CONTRACTOR agrees to provide rental services for 40-yard roll off bins, including the 18 delivery and pick up of the 40-yard bins, and disposal of green waste and general refuse 19 contained in the bins for the County of Fresno Parks Department (collectively, "Services"). The 20 Services to be provided are more particularly described in CONTRACTOR'S Response to 21 COUNTY'S Request for Quotation 19-028, issued on November 1, 2018, attached herein as 22 Exhibit "A," and incorporated by this reference. 23 2. COUNTY'S OBLIGATIONS: 24 25 26 27 28 COUNTY will: A. Compensate CONTRACTOR as provided in Section 4, herein. B. Provide a "COUNTY Representative" who will represent COUNTY, and who will work with CONTRACTOR in carrying out the provisions of this Agreement. COUNTY Representative shall be COUNTY Director of the Department of Public Works and Planning or 1 9thAprilAgreement No. 19-16919-0210 1 his/her designee. CONTRACTOR shall communicate and coordinate with COUNTY 2 Representative, who will provide the following services: 3 1. Examine documents submitted to COUNTY by CONTRACTOR, and 4 5 2. timely render decisions pertaining thereto. Provide communication between CONTRACTOR and COUNTY officials 6 and commissions (including user Department). 7 C. Give reasonably prompt consideration to all matters submitted by 8 CONTRACTOR for approval so that there will be no substantial delays in CONTRACTOR'S 9 program of work. An approval, authorization or request to CONTRACTOR given by COUNTY 1 O shall only be binding upon COUNTY under the terms of this Agreement if that approval, 11 authorization or request is made in writing and is signed on behalf of COUNTY by COUNTY 12 Representative or a designee. 13 3. 14 TERM: A. CONTRACTOR shall diligently proceed with the agreed scope of Services 15 16 17 18 19 20 21 22 23 24 25 26 and shall provide such services in a timely manner. Failure of CONTRACTOR to provide such Services, unless the delay is attributable to COUNTY, is sufficient cause to terminate this Agreement immediately, at the option of COUNTY, in accordance with Section 15, herein. B. The term of this Agreement shall be for a period of three (3) years, commencing on the Effective Date ("Initial Term"). This Agreement may be extended for a maximum of two (2) additional consecutive twelve (12) month extension periods, upon written approval of both parties no later than thirty (30) days prior to the first day of the next twelve (12) month extension period. The Director of Public Works and Planning or his or her designee is authorized to execute such written approval on behalf of COUNTY, based on CONTRACTOR'S satisfactory performance. 4. COMPENSATION: A. Total Compensation: 27 Notwithstanding any other provision in this Agreement, the total compensation 28 paid by COUNTY for the Services to be provided by CONTRACTOR shall be limited to a 2 1 maximum compensation amount of $105,000 annually, not to exceed $315,000 for the Initial 2 Term. If this Agreement is renewed for an additional Year 4, the total not to exceed amount shall 3 be $420,000. If this Agreement is renewed for an additional Year 5, the total not to exceed 4 amount shall be $525,000. 5 6 7 8 9 10 11 12 13 14 B. C. Fee: 1. 2. Fees for the Services to be provided by CONTRACTOR shall be invoiced at the rates shown in CONTRACTOR'S response to Request for Quotation number 19-028 issued on November 1, 2018, and incorporated herein as Exhibit "A". The rates listed in Exhibit A shall remain in effect for the total Term of this Agreement, and may not be increased except upon written Amendment to this Agreement. Payments: 1. Progress payments will be made by COUNTY upon receipt and 15 approval of CONTRACTOR'S invoices. Invoices shall clearly identify the site to which the work 16 pertains. 17 Invoices for County Parks and the Tree Crew shall be submitted to: 18 19 20 21 22 2. Fresno County Department of Public Works and Planning Resources Division Attention: County Parks 2220 Tulare Street, Sixth Floor Fresno, CA 93721-2106 Upon receipt of an invoice, COUNTY Department of Public Works and 23 Planning will take a maximum of ten (10) working days to review, approve, and submit it to 24 COUNTY Auditor-Controller/Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices may 25 be returned to CONTRACTOR for correction and resubmittal. Payment will be issued to 26 CONTRACTOR within forty-five (45) calendar days of the date the Auditor-Controller/Treasurer-27 Tax Collector receives the approved invoice. 28 3. An unresolved dispute over a possible error or omission may cause 3 1 payment of CONTRACTOR fees in the disputed amount to be withheld by COUNTY. 2 4. Final invoice shall be submitted to COUNTY no later than thirty (30) days 3 after this Agreement is completed or renewed. 4 5. In the event COUNTY reduces the scope of the Services, CONTRACTOR 5 shall be compensated on a pro rata basis for actual work completed and accepted by COUNTY 6 in accordance with the terms of this Agreement 7 5. 8 AUDITS, ACCOUNTING AND INSPECTIONS ACCESS: A. CONTRACTOR shall at any time during regular business hours, and as often as 9 COUNTY may deem necessary, make available to COUNTY Auditor-Controller/Treasurer-Tax 10 Collector, or their authorized representatives for examination all of its records and data with 11 respect to matters covered by this Agreement. CONTRACTOR shall permit COUNTY to audit 12 and inspect all invoices, materials, payrolls, records of personnel, conditions of employment, 13 and other data relating to matters covered by this Agreement. 14 If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be 15 subject to the examination and audit of the California State Auditor for a period of three (3) 16 years after final payment under contract (Government Code Section 8546. 7). 17 6. INDEPENDENT CONTRACTOR: 18 A. In performance of the work, duties, and obligations assumed by CONTRACTOR 19 under this Agreement, it is mutually understood and agreed that CONTRACTOR, including any 20 and all of CONTRACTOR'S officers, agents and employees, will at all times be acting and 21 performing as an independent contractor, and shall act in an independent capacity and not as 22 an officer, agent, servant, employee, joint venturer, partner or associate of COUNTY. 23 Furthermore, COUNTY shall have no right to control or supervise or direct the manner or 24 method by which CONTRACTOR shall perform its work and function. However, COUNTY shall 25 retain the right to administer this Agreement so as to verify that CONTRACTOR is performing its 26 obligations in accordance with the terms and conditions thereof. CONTRACTOR and COUNTY 27 shall comply with all applicable provisions of law and the rules and regulations, if any, of 28 governmental authorities having jurisdiction over matters the subject thereof. 4 1 B. Because of its status as an independent contractor, CONTRACTOR shall have 2 absolutely no right to employment rights and benefits available to COUNTY employees. 3 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of its 4 employees all legally required employee benefits. In addition, CONTRACTOR shall be solely 5 responsible and save COUNTY harmless from all matters relating to payment of 6 CONTRACTOR'S employees, including compliance with Social Security, withholding, and all 7 other regulations governing such matters. It is acknowledged that during the term of this 8 Agreement CONTRACTOR may be providing services to others unrelated to COUNTY or to this 9 Agreement. 10 7. PARTIES BOUND BY AGREEMENT: 11 12 13 14 15 16 17 18 19 20 This Agreement shall be binding upon COUNTY, CONTRACTOR, and their successors in interest, legal representatives, executors, administrators, and assigns with respect to all covenants set forth herein. 8. REQUIRED APPROVALS: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the prior written consent of the other party. 9. COMPLIANCE WITH LAWS: CONTRACTOR shall comply with all applicable federal, state, and local laws, ordinances, and regulations in effect at the time of CONTRACTOR'S performance of the Services provided for herein. 21 10. GOVERNING LAW: 22 23 24 25 26 27 28 A. Venue for any action arising out of or related to this Agreement shall only be in Fresno County, California. B. 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. 11. CHANGES OR AMENDMENTS: 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. 5 1 12. CONTRACTOR'S LEGAL AUTHORITY: 2 Each individual executing this Agreement on behalf of CONTRACTOR hereby 3 covenants, warrants, and represents: (I) that he or she is duly authorized to execute and deliver 4 this Agreement on behalf of such corporation in accordance with a duly adopted resolution of 5 the corporation's board of directors and in accordance with such corporation's articles of 6 incorporation or charter and bylaws; (II) that this Agreement is binding upon such corporation; 7 and (Ill) that CONTRACTOR is a duly organized and legally existing corporation in good 8 standing in the State of California. 9 13. HOLD HARMLESS: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend COUNTY, its officers, agents, and employees from any and all costs and expenses (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its officers, agents, or employees under this Agreement, and from any and all costs and expenses (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of CONTRACTOR, its officers, agents, or employees under this Agreement. The provisions of this Section 13 shall survive the termination of this Agreement. 14. INSURANCE: A. Prior to commencing the duties under this Agreement with COUNTY, CONTRACTOR shall furnish COUNTY, at no additional cost to COUNTY, certificates for the following insurance policies which shall be kept in force during the term of the Agreement or until the Agreement is terminated or it expires, or such additional time as may be expressly provided herein, with respect to one or more specified insurance policies: 1. Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy shall be issued on a per occurrence basis. County may require 6 1 specific coverages including completed operations, products liability, contractual liability, 2 Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed 3 necessary because of the nature of this contract. 4 2. Comprehensive Automobile Liability Insurance with limits for bodily injury 5 of not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five Hundred 6 Thousand Dollars ($500,000) per accident and for property damages of not less than Fifty 7 Thousand Dollars ($50,000), or such coverage with a combined single limit of Five Hundred 8 Thousand Dollars ($500,000). Coverage should include owned and non-owned vehicles used 9 in connection with this Agreement. 10 3. Professional Liability Insurance. If CONTRACTOR employs licensed 11 professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional 12 Liability Insurance with limited of not less than One Million Dollars ($1,000,000) per occurrence, 13 Three Million Dollars ($3,000,000) annual aggregate. 14 4. Worker's Compensation insurance policy as may be required by the 15 California Labor Code. CONTRACTOR hereby waives its right to recover from COUNTY, its 16 officers, agents, and employees any amounts paid by the policy of worker's compensation 17 insurance required by this Agreement. CONTRACTOR is solely responsible to obtain any 18 endorsement to such policy that may be necessary to accomplish such waiver of subrogation, 19 but CONTRACTOR's waiver of subrogation under this paragraph is effective whether or not 20 CONTRACTOR obtains such an endorsement. 21 B. CONTRACTOR shall obtain endorsements to the Commercial General Liability 22 insurance naming the County of Fresno, its officers, agents, and employees, individually and 23 collectively, as additional insured, but only insofar as the operations under this Agreement are 24 concerned. Such coverage for additional insured shall apply as primary insurance and any 25 other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees 26 shall be excess only and not contributing with insurance provided under the policies required to 27 be provided by CONTRACTOR as specified herein. This insurance shall not be cancelled or 28 changed without a minimum of thirty (30) days advance written notice given to COUNTY. 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 C. Within thirty (30) days from the date CONTRACTOR signs this Agreement, CONTRACTOR shall provide certificates of insurance and endorsements 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, CA 93721, Attention: Disposal Sites, 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 for such worker's compensation insurance CONTRACTOR has waived its right to recover from COUNTY, its officers, agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate the insurance policy; that such Commercial General Liability insurance name 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 the policies required to be provided by CONTRACTOR as specified herein; and that this insurance shall not be canceled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. D. 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. CONTRACTOR shall give COUNTY at least thirty (30) days written advance notice of any expiration, cancellation or reduction in the coverage of any of the aforesaid policies. E. In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided, COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. 15. TERMINATION OF AGREEMENT: A. This Agreement may be terminated without cause at any time by COUNTY upon thirty (30) calendar days' written notice. If COUNTY terminates this Agreement, 8 1 CONTRACTOR shall be compensated for services satisfactorily completed to the date of 2 termination based upon the compensation rates, and subject to the maximum amounts payable 3 agreed to in Article V, together with such additional services satisfactorily performed after 4 termination that are expressly authorized in writing by COUNTY Representative to conclude the 5 work performed to date of termination. 6 B. COUNTY may immediately suspend or terminate this Agreement in 7 whole or in part, where in the determination of COUNTY there is: 8 9 10 11 12 C. 1. 2. 3. 4. An illegal or improper use of funds; A failure to comply with any term of this Agreement; A substantially incorrect or incomplete report submitted to COUNTY; Improperly performed service. In no event shall any payment by COUNTY constitute a waiver by COUNTY of 13 any breach of this Agreement or any default which may then exist on the part of 14 CONTRACTOR. nor shall such payment impair or prejudice any remedy available to COUNTY 15 with respect to the breach or default. COUNTY shall have the right to demand of 16 CONTRACTOR the repayment to COUNTY of any funds disbursed to CONTRACTOR under 17 this Agreement, which, in the judgment of COUNTY were not expended in accordance with the 18 terms of this Agreement. CONTRACTOR shall promptly refund any such funds upon demand. 19 D. Non-Allocation of Funds -The terms of this Agreement, and the services to be 20 provided hereunder, are contingent on the approval of funds by the appropriating government 21 agency. Should sufficient funds not be allocated, the services provided may be modified, or this 22 Agreement terminated, at any time by giving CONTRACTOR thirty (30) days advance written 23 notice. 24 16. NOTICES: The persons and their addresses having authority to give and receive 25 notices under this Agreement include the following: 26 27 28 COUNTY County of Fresno Department of Public Works 2220 Tulare Street, 6th Floor Fresno, CA 93721 9 CONTRACTOR F-N-F Roll Off Service, Inc. 10420 E. Manning Ave. Selma, CA 93662 . ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 All notices between COUNTY and CONTRACTOR provided for or permitted under this Agreement must be in writing and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal service is effective upon service to the recipient. A notice delivered by first-class United States 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 17 810). 18 17. DISCLOSURE OF SELF-DEALING TRANSACTIONS: 19 This provision is only applicable if CONTRACTOR is operating as a corporation (a for-20 profit or non-profit corporation) or if during the term of this Agreement, CONTRACTOR changes 21 its status to operate as a corporation. Members of CONTRACTOR'S Board of Directors shall 22 disclose any self-dealing transactions that they are a party to while CONTRACTOR is providing 23 goods or performing services under this Agreement. A self-dealing transaction shall mean a 24 transaction to which CONTRACTOR is a party and in which one or more of its directors has a 25 material financial interest. Members of CONTRACTOR'S Board of Directors shall disclose any 26 self-dealing transactions that they are a party to by completing and signing a Self-Dealing 27 Transaction Disclosure Form (attached as Exhibit "B" and incorporated herein by this 28 10 1 reference); and submitting it to COUNTY prior to commencing with the self-dealing transaction 2 or immediately thereafter. 3 18. ENTIRE AGREEMENT: 4 This Agreement constitutes the entire Agreement between COUNTY and 5 CONTRACTOR with respect to the subject matter hereof and supersedes all previous 6 negotiations, proposals, commitments, writings, advertisements, publications, and 7 understandings of any nature whatsoever unless expressly included in this Agreement. 8 IN WITNESS WHEREOF, the parties have executed this Agreement on the date 9 set forth above. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 CONTRACTOR F-N-F Roll Off Service, Inc. 707 N. Monte Ave. Fresno, CA 93728 By:~rwArrtc;to<~ ernando Leanos Title: President FOR ACCOUNTING USE ONLY Fund: 0001 24 Subclass: 10000 Org. No.: 7910 25 Account: 7295 26 27 28 11 COUNTY OF FRESNO Nathan Magsig, Chairman of the Board of Supervisors of the County of Fresno \ ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno, State of California By: ct., r:,,; (', .,~ Deputy -..I Exhibit "A" COUNTY OF FRESNO REQUEST FOR QUOTATION NUMBER: 19-028 40 YARD ROLL OFF BIN RENTAL, DELIVERY, AND PICKUP Issue Date: November 2, 201 a Closing·oate: DECEMBER-4, 2018 AT 2:00 P.M. All Questions and Response� must be e/ectron•ically submitted on th'e Bid Page on Public Purchase. For assis_tance, contact Debbie Schamick at Phone (559) 600-7110. BIDDER TO COMPLETE Undersigned agrees to furnish the-commodity or service stipulated in the·attached at the prices.and terms stated in tbis RFQ. Bid must be signed and dated by an authorized offtcer or employee. Except as noted on in_dividutil items,.the fol lawing will apply lo all items in the Ouota5on Schedule: • A cash discount of ___ -0_· __ % __ .e---'----days·will.apply. County_d�snotac69pt terms less than 15 day·s . �ktF-R:olLoW-�LU-.%)MPAijY ____£.¢d:o:,a,vtk, /.,�� .CONTAQT" PERSON %�� ! t:0"1 yJ -IYto.Nt ....... L-__.flY--'-'·-·.L. ____ -_111.�ti.....,tiJ�'·. {Oi(±i:> B. 'M-NJM"1" -A, ___ 11L._··--··· R�-¥ cA. q⇒ 72,t:S�WUL. cA-q 3/1-1,f :'.•;,r:'li' LJ'l,Jf\.kC TIT1£ Purchasing Use: OS:yj ORGJRequisition: 7910 J 9101900��2 Quotation No. 19.-028 Page2 TABLE OF CONTENTS PAGE ·KEY DATES ....................................................... : ............................................................ 3 OVERVIEW ...................................................................................................................... 3 BID INSTRUCTIONS· ...................................................................................................... 4 GENERAL REQUIREMENTS & CONDITIONS ............................................. , ................. 5 INSURANCE REQUIREMENTS ............................................................................. , ...... 12 PARTiCIPATION ............................................................................................................ ·14 REFERENCE LIST •........................................................................................................ 15 ·SCOPE OF WORK .................................................................................... , ................... 16 QUOTA Tl.ON SCHEDULE ...........................•............................................... · .... : ...... · ....... 17 ·cHECK LIST ............. ; ....................................................... , ......... '. ................................. 18. G:\PUBLIC\RFQ\rY 2018·19\19·02S 40 Y,\~D ROLL,OFF BIN RENT.AL. DELIVERY. AND PICl<llP\19·028 40 YARD ROLL OFF BIN RENTAL. DELIVERY, AND PICKUP.DO:; . Quotation No. 19-028 Page3 KEY DATES RFQ Issue Date: November 2, 2018 Written Questions for RFQ Due: November 15, 201s.af10:00 A.M. Que.stions must be submitted on the Bid Pag~ at PublicPurch~1se. RFQ Closing Date: December 4, 2018 at 2:00 P.M. Quotations must ~e elec.tronically submitted on the Bid Page_ OVE8VIEW The County of Fresno is solicrrihg bids to establish an agreement under which the successful bidder will provide delivery, pick-up, and rental of 40 yard roJl.:.off bins. G:IPU6L!C'.RFQ\FY 2013-19119-07,ll 40 YARD ROlL OFF B~'l RENT/'1:, DELIVERY. ANO PiCKU?l19-il2840 YARD ROLL OFF BIN RENTAL, DELIVERY. AND PICKUP.DOC . . Quotation No. 19..028 Page4 BID INSTRUCTIONS • Bidders_ must electrorii<;ally submit bid" package in pdf fol"IT'lat no l~t~'=:!t!fil:J the gu_olajion closing date an'1time as st.a,t~d q~ the fro,nt-of !his.9dc,umen~'.· ~o'th~~~a~~P..9}1!!$.e\.l.~fhase_(fhe·County will 11ot be responsible for and will notacGept late brds ·pue to srow internet connection or incomplete transmissions, . • Bids received ·after the closing time will NOT be c_onsid_ere:d. • All quotations shall remain firm for180 days. (f.c n:1.oi"J(s) • ln~erpretation: Should arw discrepancies or om'i,ssions.be round ln the bid specifications or doubt a.s to their meaning,.the bidder shall notify.the Buyer.-in writing at once. The Goun~_shall notlie·held re:;ponsibl~ for verbal interpretations. Questions regardin'g lhe bid must be .received by Purchasing pric,r Lo the d!=)te a'nd time.statecJ wilhrn.this·documerii. All addenda-issued shall be'in·writing, d~ly' issued ·by Purchasing and incorporated inlo. the-contract.. . . • ISSUING AGENT/AUTHdRJZED CONTACT: This RFO has.been issued.by County of Fresno, Purchasing. Purchasin·g shall .be the vendor's sole point of.contact with regard to the RFQ,-its content, and-all issues'conc.erning lt. . • Alf ~O!TJmµnication regarding H)iS RFQ shall !)e direyted to.an 'aulhorized.r~presentative of County Purchasing. The specifi(; b!Jyer manag1n9 this RFQ is identified on the c·over page, aiong Vvilh his or her telephone number;•:i:ind he o:r,she'.should be the.primary: point of~ontact'for discussioris or information pertaining'.to the· RFQ. Contact with a1w other C_ounty representative, including elected offic._ials, for the purpose ·or discussing:this RFQ, its content. or any 6_ther issue concerning it. is prohibiled unless-authorized·by Purchasing. Violation of this qause, by the vend.or having unauthorize_d contact (verbaliy or -in writing) with such other,Cpurily representatives; rnay. constitu_te grounds kir rejection by Purchasing of the vcndofs quotation. · The abo1ie .. stated ·reslri¢tion on vencipr contact with County representatives shaU apply. until the County has awarded:~:rpurchase order or contract to a vendo·r or vendors, except as follows. Firs!, in the.event that a vcndof'initiates a fonnal protest against the RFQ, such vendor may contact the . appropriate individual, otindividuals who are managing that pro.testas.ouUined in the County's established pro.Lest procedures. All such.contact must be in accordance witl:i the sequenc;e set forth under the protest proce~ures. _Second, in· th·e event:c!·public hearing i~ scheduled before. the Bo;ird of Superiiisors.tq hear testimony prior:to iH; approval pf a purc~ase order or contract, any v~ndor may address.the Board. · · · APPEALS: Appeals must be submitted in writing within.seven (7) "".iorking.days after notiflca!ion_of proposed· recommendation·s to'r av,ard .. A "Notice of AwardTI is riot an indication of County's accept.:!nce.:of an orfer _m_ade in response lo this RFQ.-App·~als.shall be su6mitte.c:I lo {:;oi,i°nty of Fresno.Pur:chasing, 4525 t:. Hamilton Avenue.2nd Floor, Fresno, California 9~702-4599 a·nd in Word format to gfoml.!ell~;@Fresn0Counil1CA,qov. Appeals shouict,address only areas. regarding RFQ · contradictions. procurement errors, proposal rating discrepancies, legality of.procurement context, connict of in.terest. and ina_P.propriate orunfair competitive procureme·nt. grievance regarding tile RFQ prqces.s. . . Purchasing will provide~a:written response to the complainant within-seven (7) working _9ays unless·. the'complainant is notified more tfrne is required·. lf·the appealing bidder is not satisfied with lhe· decision of Purchasing, biddershali'tiave the right-to appeaf'to the CounW Administrative Office~ w.ithiri seven: (7) 1.vorking days after:Purchasih~f~ nCJtjfjcation; if the.appe_a_ling qictder is,not saUsffed with CAO;s'decision, the final appeal is w_ith the Board ofSupcrijsors. Please crmta.c:t PtrrcihasingJf · the·appeal'will be going to the Bo~:i'rd bf:Supetyisors. . . . . . G:'.PUBLIC\Ri=Q1.FY 2018·19'1.19·028 40 YARD ROLL Off BIN RENTAL, DfLIVERY, AND PICKUP\19..028.40 YARD RO'J. OFF B!N RENT.a!., 01:-ll'v'ERY, Al\"O P.ICi\VP,[X.~' . . Quotation No. 19~028 Pages GENERAL REQU.IREMENTS & CONDITIONS LOCAL VENDOR PREFERENCE AND DISABLED VETERAN BUSINESS ENTERPRISE BJO PREFERENCE: The Local Vendor Preference and Disabled Veteran Business EnterprisePreference-do not. apply to U1is Request for Quotation. DEFINITIONS: The _ter'nis Bidder, Proposer, Contractor 1:mp Vendor. are all .used· interchangeably and refer to that"person, pa"ftner~hip,·cqrp9ralion, _org;aniiation, ag~ncy., ~le. wlii_ch is:offering th.e quotation and.i_s . identified on page on~ ofthis'Request For quotation (RFQ). INTERPRETATJON OF RFQ: Vendors mustmake careful exam1nationofttie requirements,,specificafions· anp r:ondjtions expressed· in. the RFQ and f uily inform _lhemse.lves as· to the quality and .character of services r!;)quired, If any person plamiingto submit a qu_otation finds· discr~pa.ncjes'in or ori1tssions'from the.RFQ or has any doubtas.tO the.lr1Je·me~ning or interpretafion, c;orrection thereof may be requested in wrili!J9 from Purchasing py-November 15,.2018:ai: 10:00AM.; cu~.:off. q~estions must be submitted on tbe Bi.d Page at Public Purchase or ci::mlacrl)ebbie Schamick at (559) 600~ 71'10. --. · · NOTE: Time .cor1slrai·nts will preveritCounty from responding to questions submitted after the cut-off date_ Any change in the.Requ,est for Quotation will be'maqc by written adde.ndum fssued· by.the County. The County will not be ~sponsible for any other explanatioris or interpretatfons: AWARD: Award will be made to•lhe vendor offering the services, products, prices; delivery, equipment and system deemed t_o be to the best·advantage of the County. Past perfonnance· (Cotmly ~ontracts within the past severi years) and refe_rences may fpctor into-awarding of acontracL The County. shall be the sole judge iri ma!dng such c;letermir.ialion. Awc:ird Not1ces ar:_e tentative: Accep~ance of an.offer made:in response to thls RFQ shall occur only.upon execution of.an agreenient by both parties or issuance of a valid written Purchase Order by.Fresno: County Purchasing. RIGHT TO ~EJECT BIDS: The:County reserves tile right to reject any and all bids and to waive infdrrnaliti~s.cir irregi.Jla,rities in bids.· FailLireftorespond to all q\.)esticins or no(to supply Ihle'! requesle~ infomi'ation t:'ould result in rejection o(y9ur quotation. c9DES AND ~EGµLATIONS; All work and material lo conform lo all applicable Federal, State. local and special qistrictbuilding codes, laws, ordinance.,;, a·nd regulations. TAXES: TI1e quoted <:'lrnounl must inclu.de all aprilic-<ible laxe·s. If laxes are not specifically idenlifiet1 in ·uie quotation it ,...,i11.tie,assum·ed tl1aUhey arl:!ir'lduded irl theJ6~al qu9ted: · · · · ·· SALES TAX: Fr~sno County pays California State··salesTax 1n ll1e·amount of 7'.975% regardless of vendor's place of doing business .. TAXES, PERMITS·& FEES: The successful bidder shaH pay for and include alffederal, state and focaLtaxe~ direct or indirect upon all materials;· pay all fees.for, a~:d obtafr1 all necessary permits and licenses, unl~~s otherwise ,sp~cified, herein. -----TAXES, CHARGES AND EXTRAS: A) DO NOTincludE:'l Federal Exc::ise Tax. County is e_xemptunder Registration No. 94-73-O3401-K. B} County is exempt from Federal Transportation Tax. E>;emption certificate is not required where .shipping papers shqw con~ignee _as:q:mnty of Fre-sno. C) ChEirges for transportation, con_tainers. packing. etc,.will not be\paid unle$s SP.?~ified in bid. SPECIFICATIONS AND EQUALS: Brand names, wtH~re used, are a mean~ ofestablishir'lg quality.arid style. Bi~ders are. invited to quote their:equalsa Alternate.offers ar_e to b_Ef supported by literature, which ftJHy describes frems.that you are bidding. ----. c;;)j,u31Jc1RFQ\fY 2018-l\1',19·023 4·0 YARD ROLL OFF BIN RENTAL, DELrvERY, AND PiC~uP\19{12.s"·~O YAflD ROLL OfF BIN RENf AL D8JVERY, AND PJCKUP.OOC . -. -. . - Quotation No. 19-028 Page 6 No·exceptions to ·or deviations from· fhis .specification wm be: considered unless-~ach exception or d~viation is · specifically-stated by the bidder, in the.designated places. If no exceptions or.deviations are.shown, the. bldderwill be required.to furnish'itemsexactly.as specified herein'. The burden ofproof'of compliance with this specification is the ft%ponsibility of the-bidder. . . MERCHANDISE RETURNABLE FOR FULL CREDIT: Bidder agrees to accept for. full credit any merchandise'sQld by t)im .o·n contract or award resulting from this bid_,-if.returned in good condition by lhe C:ounty. GUARANTEE AGAINST DEFECTS: All jlems a:reto.carry·a· full guarantee against defects in materials and workmanship and guarantee. 9gainst.brea~age and_ other-malfunctions when performing workJC>r which they· are designed. · · · · · PACKAGING: Each item listed in lhe bid gives as part of ii$ description the. minimum_ packaging size that the County would order. The Co_unty feels it mqre reasonable to order.the successful bidder's standard "carton" size.s; therefore, .each bidder is as~ed.to fili in the .information for-each item. Normally the circumstances resort to minimum package size orders. Be··~ure to fill in your."standardfl .carton size on the quotation schedule if different frorri-'stated. Quote separate ·prices on each individual item in County unit of measure (i;e., EA, DZ, PG, not yqur.standefrd carton price). · · · · VENO OR ASSISTANCE: Successful.bidder shall furnish, at no cost to the County, a representative to asstst County. departments ih determining-their product requirements,. MINOR DEVIATJONS: The County r~serves the right to negotiate minor deviali1:ms from the prescribed terms, ·conditions and requirements with the selecied·vendor. BIDDERS' LIABILITIES: County of Fresno will not be he.Id liable.for any·cos~ incurred by vendors in responding to the RFQ. · PRICE RESPONSIBILITY: The sclecteq .vendor will be required to as_sume hill respons1bllity for all services and activities offered in the. quotation. Whether or nof,they are pfov.iclied directly. Further. the County of Fresno will consider the selected vendor to be ~he sole point of contact with regard to colitr/3-ctual matters, including payment of any and all ~harm:?::; r~sulting·from tile contract. The contractor may not subcontract qr transfer the0contract, or any righ(or obligation arising out of.ihe contract, without first having-obtained the express wriHen consent of the County. · · PRICES: Bidderagrees that prices quoled.are for the contract period,-and in 'the event ofa price decline such-lower.prices shall he extended to the. County of Fresno. Prices shall be quoted EO.B .. deslinatlon. COl\,IFIDENTIALITY: Bidde·rs·_shall not disclose information about Uie:Countys business or business practices and ·safeguard. confidential dcita which vendor staff may have access to in the course of system implementation. · · · · · · · · · · NEWS RELEASE: _Vendors shall not issue any news releases or otherwise release information lo any third party abou~ this RFQ odhe 'verJdor's:quotation-..vithoutpdor written approval :from the Couniy of Fresr10. BACK.GROUND REVIEW: TI"le County reserves th~ right to conduct a background ·inquiry of e,ach proposer/bidder which niay inclu~e collection of-appropriate criminal history information, contractual and business associations and practices, employment histories and reputatfon in the business community. By submitting a ·quotation/bid to the County, the yeridor cor1sents to such an·inquiry and agrees to' make availoble to·the Co"unty such books and records the County deems ·necessary to condL.ictth~ inquiry. ADDENDA: In the eyerit that il becomes necessary to revise any part of this RFQ, addenda will be provided .to all agencies and organizations thatreceive lhe.basic:.RFQ. G:'JPUBLIC'J"~FQ'.FY 20t8-19\W-OW 40 YARD ROLL Off BlN RENT AL, DELI VE.RY •. ANP PiCKlJi"-'119-028 40 YARD ROLL OFF BIN RENT.AL, DELIVERY, AND P.lCfSUP.DOC . . . . . Quotation No. 19-028 Page·7 CONFLICT OF INTEREST: The County shall ·not conlractwit_h, and shall reject an·y bid or quotation submitted-by lhe p~rsons or entities specified below, unless the Bo.ard of Supervis~:,rs frnds that special circumstances exist which justify the:approv_al of~4ch contract . 1. Employees·of the County or public.agencies for which the Board:of Sup~rvisors is the governing body: . · · 2. Profit~making firms or businesses in which-empioyees described in Su_bsection (1 ). serve as officers, principals, partners or major shareholders. · 3. Persons who, within the immediatc!y preceding·twelve (12)months,_came within the-provisions.of Subscctio_n (1), and .who _were employees 1n positions of substaritial responsibility in the area of servi~_to ti~ perfom1ed by u,c contract, or pa11fcipated in any w~y in developing the contract or its 5iervice._spec:ific~tions. . . 4. Profrt-making.firms or businesses in which the former-employees described in Subsection (3) serve a~ officers, prindpals; partners or major shareholders. 5. !'JoJ:ounty employee'who;Se position in t11e:¢qunty enables him to infruence the selection ofa contractor for thi$ RFq, .or any ~ompeting Rf Q, and no spouse or eco_nomic ~ependent-of such employee. ~hall be employees 1n any capa·city by a bidder;. or have any. other direct or indirect financial·i°nteresl in the.selection ·of a contractor. : . . . -. . . . . . . INVOICiNG: All invoices arc to be delivered in-dupiicate to County of Fresno Public Works.-Parks 2220 Tulare St 6th Floor; Fr~sno, GA:·93721. Reference shall be made to the puf¢l1as_e order/contract number and equipment number if applicable on the invoice. · · · PAYMENT: .County will make partial payments for all purchases made under the contract/purchase order and accumulated during the month. Terms.of payment wilf be net-forty-five (45) days. County·will consider the Bidder's Casl1 discount.Offer;·sn lieu of the net forty-five (45) days p'ayr'nent terms; CONTRACT TERM: It.is County's intentto contract with the:successful bidder for a term ofthre,e (3) years. RENEWAL: Agreement may b~' renew¢d for a potential of two (2) one (1) year periods, .based on the mutual· written consent.of all parties.: ORDERING: Orders will be placed as·reql.iired by County of Fresno.Publi9 W~rks-Parks: TERMINATJON: The County reserves-the ri~hfto. terminate any resulting contract upon written notice. INDEPENDENT CONTRACTOR: In.performance of the work; duties, arid obligations asl5umed by Contractor under any ensuing Agreei'nenl, it-is mutu9lly under$tood and.agreed that CONTRACTOR, including any and all of Contractor's •officers, agenl~,.and·empioyees Will at all times be acting ·anq performrng as an independent contractor, 'and shall act iffan independent capacity and notas an i;>fficer, agent, servant, employee, joint venturer ,_partner, or associate ·of the COUNTY. F~rtherrri~re;Coµ_nty shall have.no right to control or supervise or direct the manner or meihod by which Cp_~tractor shall p~rform its 1.vork and function. However, County shall retain th~ righl to administer this Agreement so-as to verify that ·Contractor: is performing its obligations in accordance with the terms and conditic:ins thereof;· Contractor and County shall comply wmi all applicable provisions of iaw and lhe rules and regulalions,if ariy, of governmental authoriiies havingjurisdiction over matters the subject thereof. Because of its.status as an independent contrac{cir, C:oritractorsnallhave absolutely no-right to .employment rights and benefits,available to County einpl9yees. Contractor shall be.solely lia_ble and responsible for providing_ to:, or on behalfof, its employees all l~g~lly-mquired ~mploy~e· benefit:;. In addition; Contractor st1all be s·olely responsible an9 save County t)armless "from all mattc"rs _relating tci payment -of Con!raclor's employees,"induding compliance wfth Social Secunly, withholding, and all other regulations governing-such matters. II is ackno1tlledged i11at during }he term of tlie Agreement; Coiilractor may be providing services. to others unrelated to the County"or to the:Agreenierit. · · G:\PlftlUC'.RFQ\fY-20!8--19119--028 40 YARD ROLL OFF BIN RENT AL. DELIVERY; AND PJCKUF\19-028 40 Y /\RD ROLL OFF BIN RENTAL, DELIVERY, AND PICKUP.DOC . . . Quotation No. 19-028 Page8 SELF-DEALING TRANSACTION DISCLOSURE: Contractor agrees that when op~raiing as. a corporation (a for-profit or non-profil·corpbratjon), or if during the term .qr th~ agteement the Contrac!o'r changes its-status to operate as a corporation, members of th¢ Contractor's Board qrDirectors shall disclose any self-dealing tra'r\sactions that they are a party to while 'Gontractor IS providing go'ods or performing s~rvic~~ under the agreement.with the County. A self-dealing !ransaction·shall rnean a·fransaction lo which:the Contractor is a party and.in which one or more of its directors has a·material financiai inl~rest. Members or the Board of Directors shall disclose any self-dealing transactions that t!1ey-are a party to by c9mpleting and $igning a Fresno ~ounty Self-DealingTrdnsaction Disclosure Form and submitting.it t9 the County prior.to cornme.ncing with the self-:-dealing transaction or immediately thereafter. HOLD HARMLESS CLAUSE: Contractor agrees lo ind~ninify, save, hold _harmless and at.County's request. defend the.County, its officers, agents·arid emplo}•ees, from any and all costs.and expenses (including atlorne y' s fees. and cos.ts), dam ages, -li~bil ities. claims and losses oc::curring. or resulting .to: County in connection with the performance, or faiiure to. perform, by Contrac_tor. its officers, ~gen~ or employees under lhis:Agreement and-from any an.d ;.ill costs and ex.peri~es (including· c3ttorney's fees and costs), damages, liabilities, claims and losses occurring o'r resulting to any f)er!:ion,. firm or corporatfon who may be .injured or tjamaged by the performance, odaiJtire to perform, of Contractqr, ils officers, agents or employees under this Agreement. -. . . DAMAGE TO EXISTIN~ WORK: Damage to el'.(istin·g construction, equiprnent, planting, ·etc., by lhe contractor in the performance of his· work shall be-replaced or repaired and restored to original condition by the contractor. . CLEAN UP: The Contractor shall at all times, keep the premises clean from accumulation of was:e materials·or rubbish caused by his·employees .or work and sliall iernove·all resulting wortqlebris from the job ~~ . . -COORDINATE WORK WITH OWNER: Successful bidder shall coordinate.and schedule l:he work with the C_ounty so that any interruption tq the normal business operations be kept to.a minimum. INSPECTION: All material and.workmanship shall besubjec:t to inspection. examination and test by the_. County at any and all times during which mahufacture and/or construction are carried on. The Coui1ty_ shall have the right'to reject defect,ive rriaterial and workmanship.or reqtiir'e its correction. SUPERVISION: Tile. Contractor shall give.efficient supervision to the work, using therein the skill and ciiligencedor-which he is.remunerated in the coniract price. He shall carefully Inspect the site and study and comparc·an drawings, specifications and other instructions, as ignorance of a·ny phase of any of the features ~r conditions affeding the ~onlrachrvill npt_'excuse him from carrying out ils provisions to its full intent. STANDARD OF PERFORMANCE: All work shall be performed in·agood ahd vJorkm·anlil<e' mahner: . . , , . . SAFEGUARDS: The.contractor shall provide safeguards, in conformity with-all local codes·and ordinances, as h1ay be required. BONDS: PERFORMANCE BOND: Th!:) succ_essful bidd~rs may be requir~d to furnish a faithflJI performance bond. BONDING COMPANY: The·.companyissulng bonds-shallbe a corporate surety admitted by lhe California Insurance Commissioner to'do business in the :state of California with an A.M Best rating of B++ VIII or better. -. . . DISPUTE RESOLUTION: The ensuing contract shall be governed by tile laws of the state of California. Any claim which·cannol be amicably settled without court action-will be litigated in the-U.S: District Court for the Eastern District of California in Fresno, CA or in a-state court for Fresno.County, G'.\PU!!.t.lC',RFQ\FY 2016-W,19·02840 YARD ROLL OFF 6IN RENTAL, DELIVERY. Af'ill PIC:l'(Uf't19-028 40 Y1\.'<D ROLL Off BIN RENTAL. DcLlVERY, I\ND P!C°KUP .DOC-. Quotation No. 19'."028 Page9 DEFAULT: In case br (;lefault by the selected bidder, the County may procure the-services. f-rom another soµrce·'and may-recover the.loss occasioned tnereby rrom any unpaid b~lanc.e due the s~lectecl bidder, or by any oth~r legal mean~ availableJo. ltie·county_ · Regardless ofEO.B. point, vendor agre.es to hear all risks.of loss, injury or destruction to goods and materials.ordered herein which ·occur prior to delivery and •SlJCh loss, injury or destruction shall not release vendor from any obligation hereunder · ASSIGNMENTS: The·ensulng proposed contract will provide that t11e vendor·may not assign any poyment or portions.of payments·wilhout prior written e<>nsent of the County of Fresno. · ASSURANCES: Any.contractawarded under this, RFQ,must·qe.c·a.rried out in full complianc·e with the.Civil Rights:Act of 1964, the Americans With Disabilities Act-of 1990, lhei~ sµbl3equ9.nfamendments, and any and all other laws protecting Hie righ_ts of individuals and agencies. The Gminty cir Fresno has-a zero,.tolerance for discrimination, implied or expressed. and wants to ensure that policy continli~s under.'this RFQ. The contractor must also.guarantee that services, or workmanship, provided will be.performed in compliance With all applir.a6le·local; state, or federal law~ and regulations perlinent:to:the types of services, o·r project; ·of the nature ~equired under.this RFQ_. In ~ddition, tiie·contractor·may be ·requiredfo·provide evid~nce _ · substantialing that their employees.have the necessary skills and.training to ~rform the required services or work_ · · OBLIGATJONS OF CONTRACTOR: Contractor warrants. on behalf or ilself and all subcontractors engaged for the·perfonnance of lhe ~nsuing .contract that only persons authorized to w:orkin the United States. pursuant to tl')c Immigration Reform an.cl.Control Act of 1986 and other applicable laws shBll be employed in the performance of the work hereunder_ . TIE B10S: With .all other factors. being equal, the contract shall be·awarded .to lhe Fresno County vendor or, if neilt)er or both are-Fresno County vendors, the tied vendors will be granted the opportunity to submit new bids or the entire.bid ·may be rejected .. and re-bid. If the General Requirements ofthe RFQ state that they are applicable, the provisions of the Fresno County Local Vendor Preference. shall lake.priority over this paragraph_ DATA SECURITY: Individuals and/or-agencies t_hat enter into a contractual relationship v,~th ·the County for the purpose of providing services mus\ employ adeq~_ate ·controls and data security m~asures. both internally .and externally .. to ensure and protect-the confidential information and/or data· provided to confractc:>r by the County, preventing-the potential loss. misappropriation or inadvcrtenrciccess, vi~wing, use or.disclosure of County data including_·sei1sitive or perso.nai dierit information: abuse of County resources;· and/or oisruplion to Courity operations. · · · · Individuals and/or agencies ma'y not connect to or use C:ouhtynetworks/syst,ems via personally owned mobile, wireless or handheld devices unless authorized by County for leleGOffiTTlUting purposes and provide a .secure corinecti9n;,.up to date virus prcite_ction-and ·mobile devices must have the remote. wipe featurEl enabled. Computers_ or coniputerperiphera!s inc!udtng,mobile storage devices·may nofbe-usea (C9unty or Contractor device) od>roughtJn for. use rnJo tl,e County's system(s) v,ithout prior authorization from CoLJnty's Chief lnforma.tion-Officer andlcir designee(s). No storageof County'.s:private, confidential or sensillve data,on any hard-dis~ drive, portable storage;d~vice or remote storage installation unless encrypted accon:ling to .advance· encryption. standards {AES of 128 bit or higher): The·Counfy will inimediately be notified of any violations, breaches or potential·breaches of security related ·to County's con.fideritial information, data an.cf/or data-processing equipment whfch· stores or.processes County data. internally or externally. County sh"ll provide oversight.to Contractors· response to all incidents-arising from a-possible-breach·of security related to County's confidential client information_ Contractor will .be· responsible to issue:any riotinc'aUor:i to affected i()dividuals as required by law or as deemed n1::cessary by County in its sole dis_cretion. Contractor will b~ responsible-for all costs, incurred as· a result of pr-oviding the required notification. G:\PUOUC•RFQ',FY 1,\118-19119--028 40.Yl\RD ROLL.OFF BIN RENT AL. DELIVERY, AND PfCKUP1, 1!~-02"3 40 Y AfIDROU. OFF BIN RENTAL, OE;LIVERY. AND PICKUP.OOC . . . . . Quotation No. 19-028 Page 10 AUDITS A,ND RETENTION: The _Contractor" shall (Jlaintain in good and legible·condition all bo"oks, documents; papers, data riles·and other records rela~d to its perfoimance·uncler lhis.coniract. Such records shall be complete ~nd availableto Fresno County,· the $tate· of California, the feder~I gov_erriment or their duly authorized representativ:es for the purpose of audit. examination, .or copying during_ll1e.tetm of.the co~tract and-for a.pcriod,ofat least _three {3:} yea_rs followingJhe Ctiunty.s .fih_al. payment under th¢-conti,act or until conclusion of.any pending matter (e.g,, litigation or auqit), whichever.-is later. Sl,lch records must be retained in lhe manner described above tintil-ati.'pending mailers are closed. G:',PUBUCIRFQ\FY201 !J-:-19\1S;-OZ840 YARD RCll OFF B~~ RENTt,L, DELIVERY. AND PlCKU?l1S-.'.)28 4ll YARD.ROLL .OFF BIN. RENT/\L, DELIV-t:RY, AND PICKUP,OOC . . . . . . . . Quotation No. 19-028 Page 11 BIDDER TO COMPLETE: GUARANTEED. PICK UP ANO/OR DELIVERY~-Biqder will b~ considered in award of bid only if they can guarantee; Enter guarantee on .this line (i.e. numt?er. of d~ys-froni receipt.of ordGr to delivery): sa.~:ck j o c yl-( ~±:: Ju , 1 d·ei"~u.j &.d i ax: ~ , c/.c-Y.f ADDITIONAL ITEMS: The Co11nty may require additional items from those in bid schedule. Price lisrfor additional.items: A {.,e,1 percent discountfrom manufacturer's-enclosed price·ljst will.be allowEid:on purchases of all additional items. State name of price _list. indicate applicable·pnGe column and give effective date of price listhere: ?-c·,e& ~-C $' C-a~.o_ &: vva-r.k... on _&\..!._@.rt2t-?tic',n b-10-19 ~ o 2f ;ft:_ be,_ c~ .. s2:l-J/:t<Jk ~--4• 3SQ ~~r f-/a~~cl ~lla~ bin -+o. ~e~ S't+e-.. '8,-r one. _t,J~ l 1: i) '~-~~ ~'v;.-r 1 d~;s ~ cki...:u.1 -rll_ c-{2 ss•(J ,~~1-State Purchase Order maihng addre . 1 -J · · J F rJ ~ Q.o Ll.o:if: S'e,.vl/; c£ 7 lo t/2.D G m~no1~h~j--lh~vL_(-r-----------------'=s~-d~ cA: C/.3&tz.z MINIMUM ORDER: Bidder to state minimum order quantities-.and charges for'less than minimum order quantity (if not stat~d it \viii l;le assumed there ·are npnc). SUBCONTRACTORS: LisraUsubcontrc1ctors tnat.wo_uld.perfonn work in excess atone/half of one percent of111e total amount pf your bid, and sta_te gemeral type qf worbmch s~bcontractor would be p:ertorn1ing. The primary contractor ls not relieved ofan{responsibllity ~Y virttie of using _a subcontractor. ~ su..bc..oi:\-+~.:l ·CONTRACTOR'S LICENSE: Bidder lo possess.appropriate licef)se for. the project in.accordance .wlth currentregulalions/~tatut~s. G~1PUSUC\RFQ\FY 20iB-19'.19-028 40 YARD ROU. OFF BiN RENT /II., DELIVERY, AND PlCKUP\19-07.8 40 YARD ROLL OFF BIN RENTAL, DELP/ERY, AND PICKUP .DOC . . Quotation No. 19-028 Page 12 INSURANCE REQUIREMENTS -1k INSURANCE: Without limiting the County's rightto·9btain indemnific_atioh from.Contractor or any third ' · parties, Contractori _at its sole expen~e, shall maintain.in full force and effect, the following insurance policies or a ptogram of self.:.rnsurance. including but not limited_to, .an' ins.urance :p9oiing arrangement or Joint Powers Agreement (JPA) throughout the term oftheAgreement . A. Commercial General liabilit~: Commercial General Liability lnsuran.ce with limits of 11otlessthan T;,vo Million D_ollars ($2,000,000.00) per occurrence and an annual aggregate .of Foti°r Million Dollars ($4,000,000-00)_ Ttiis·policy shall be.issued on a per.occurrence basis. County may require specific coverage including c:omj:lle·tcd operations. prod-uct liabil!ty, ·.contrac_tual liability, Explosion-Collapse-Underground, fire legal Hability'or any other liabil~y1nsurance deeined necessary beca.use of the nature of the contract. . B. Automobile Liability: Comprehensive Automobile Liabi_lity lns.urance with limits of not less than Cin~ Million Dollars {$1,000,000_QO) per acci9ent for bodily injur:y and for property damages. Coverage st1ould include any auto used in conn~ction with this Agreement C. Professional Liability: If Contractor employs llcens~d professional staff, (e.g_, PkD., R,N,, l.C.S.W ., tvl.F.C,C.) in providing services, Professional Liability Insurance with limits of not less-than One Million Dollars ($1,000,000_QQ) per·occurrence, Three Mnlion Dalla~ ($_3,0_Q0,000.00) annual aggregote: This coverage.shall.be issued·on a per c_laim basis. Contractoragrees,tnat it.shall maintain, at its sole expense, in full for(:;e·and.effecl for a period of three years followirig the termination of this.Agreement, .one or more.policies of professionaf·liability in.surance with.limits.of coverage·as specified herein. · D. Worker's Compensation: A policy.of Worker's Compensation insurance as may be required by the California Labor Code. Additional Requirements.Relating lo Insurance: Contractor shall obtain endorsements to the Ccimmercial General Liability insurance naming the County of Fresno, .its officers, agerits, and empJoyees,. individually and collectively, as ~'dditional insured, but only insofar as the operations under this.Agreement are concemect ~uch·coverage-for additional insured shall apply as primary•insurance and-any other insurance: or self-insura,ice, maintained by County, its-officers, agents and employees shall be excess:only and not._coritributing with insu_i'ance provided undt:fr.Contractor's policies herein_ This insurance shall hot be C<'1ricelled.oi'changed withoura minimum of thirty (3P) days advance written notice given to County_ Contractor hereby waives•its right to recover from County, its officeri;;, agtints, anc;l-em·ployees any.amounts paid by the policy of worker's.c·ompensation-insurance required by this Agreemc;int. Contractor is' solely i:espcinsib1e-10 obtain any endorsement to such policy that may be n~cessary to accomplish such waiver of subrqgation; but_ Contractor's waivei'of subrogation under this.paragraph is effective whether or not Contractor o~talns such an endorsement. Wrthin thirty (30) day~ from :the dale Cj:mtractor executes this Agreement, Contractor shall provide certificates_ of insurance and end~rse.mentas.stateci above for all or:the foregoing policies, as requir~d herein, to the County of Fresno, Public Works and Planning-Parks Attn: .David Ch ave~; 2220 Tulare Streef6th Floor, Fres"'o, CA-93721, staling that such insu.rance:coverage .have been obtained .;ind are in full force; that the:County of Fresno, its-officers, agentsarid·ernployees will not be respqnsiblidorany premiums on the.policies, that such Commercial Ge'neral Liability ihsurarice nariies the County of Fresno, its officers. agents and employees, individually and collectively, a~ additional ,nsu(ed, buton_ly insofar.as the operations under this Agreement are concerned; that-such coverage for additional ·insured shall apply ~s primary insu~ance anu any other insurance, or seif-insurance, maintained by County, it?o~ficers, ~gents and eri,ployees. shaH be excess cinly and not contributing with insurance provided under C<mtractor's.po!icies herein; and th~1t this insurance shall not be.cancelled or changed wilhout a minimum of thirty (30) days advance; written n'Otic;e given to County_ · · · In the eve_nt Contractor tails lo keep in effect-at all times insuran~e .covcra_ge as herein provided, the County may, in addition to otherremedies it may have, susp~nd'or terminate this Agreement upon the occurrence of such eveiit. -.. G;IPUBtK:1,RFQ',FY 201!!-191,9--02a 40 YARD ROU. OFF BiN RENTftl, DELIVERY.AND PlCKUr'\19:{)28 40 YARD ~OU, OFF BIN RENTAL, !)ELIVERY, /',ND PICKUP.DOC Quotation No. 19..028 Page 13 All policies shall be with admitted insurers licensed lo do business in the State of California. Insurance purchased shall be purchased from cqiilpanies posses0sing a current AM. Best, Inc: rating of A FSC VII or better. · · · · G:',PUBLIC'•RFQ\FY 2018-19\ 19-028 40 YARD RCll OFF BIN RENTAL DELIVERY, AND PICKUP\ 19-02,8,10 Y AF© ROll OFF B!N RENT/iL, DELIVERY. AND PICKUP.DOC . . ' . . . . Quotation No. 19:..028 Page 14 BIDDER TO COMPLETE THE FOLLOWING: PARTICIPATION The Cq!Jnty of Fresno ls -a· memher of the Central Valley Purchasing Group. This group consists of Fresno, Kem, Kings, and Tulare Counties anctatl gcivemmenlal, taxslipportei::i agencies within these counties. Whcri~ver possibl~,-these and othertax supported agencies co-op (piggyback) on c;onlr-ocis put in place. by one of the other agencies. . . Any .agency_ choosing to avail itself.of this opportunity, will rnake purchases in their own name, make payment directly to the contractor,. be liable to the contractor and vice versa, per the terms of the original contr-.acl, all the while holding the County.of Fresno harmless. Ir awarded this contract, please indicate· whether you would extend the_.same terms and conditions to all-tax supported agencies .within this group as you are proposing to extend to Fresno County.-• Yes, we .vrn extend-con.tract terms and:conditions to all qualified agencies within the Central Valley Purchasing Group and other. lax supported agencies. ~• will not extend contract leans to any agency otl1er. lhan the County of Fresno, ~Y'Jl.uia-~ l'I/~ ~!,.d. rt.( t:3 /i.i) (Authorized Signature} Title G:',PUSLIClRFQIFY 2018,19\19-026 40. YARD ROLL OFr-BIN RENT AL, DE!JV~Y, AND PICKUP119--02a°40YARD R-OU. OFF B!N RENTI\L, DELIVERY. AND PICKUP.DOC . . . . . . Quotation No. 19-028 Page 15 VENDOR MU...fil:_C,(JllllPLETE AND-RETURN WITH Rf,JW,.!;.SLE,.QR_QIJ.•TATION. Firm: 'F"tJ F fu l(o~ Si2,,<'·Vl-d2-REFERENCE LIST Provide a listofat teastfive (5) customers for-whomyou have recent!y provjded similar products/services. If you have held a contract for similar services wi1h th~ County of Fresno within the past seven (7) years, list the County as one ofyour custorr1ers. Please list.the persqn most familiar with your.contrac_t. · Be sure to include C:i"li requested information, . . · C-c~ P:~ ~Jri:-c,1°~ .D.ei+, "+ __ -. I\ . _ r Reference Name: p11J.;1~ovk& ~ P(,i._,,-;"~-:1~.d!JContacl: M,11 nu.ti L).°4 z... er -4.la..vf;i.C:.It,t.¢2.._ Address: .;:t~~/2.. 5±-_;Ji.. 4:L .fu..="..c' :--_____________ _ City: Fx--u"""° S_!ate: _____fil Zip: q 37--2 I P~o~e t;Jo:; _ _ ( ~S_:j_J {p Oi) -3 ~fii./ _ Uate· , ,f;u·•'? :f t-~m.<.l·«j 2a i3 ~ -C...i.,""v-~,,.Jf-Svrv,ce Prov1ded. . .. D .. .,h\u-r:.ed, ~·"<: u..p lt~ ~en1,,•t1A. 4D '{'h~ (Dlh~sfb.i.-,:¥1 ~V-e..{ g~,;f 1 o:-G Wc(>.:-1 ui aJ+..ll...,--bc..L2-. ... d.e,hr.i..S. ft~_d._l!.<bn:.s :a...-.d +.-sh i-lcx ~or,,L 1?~ o.~-hi..e..& LLc.:. --Reference Name: .--:Csi a ;.A r:2fa.::tf.--r:: y,"'½':k: Conlacl; Address: t,,zo9'1 W. B·,tr.s,:rpl.rl.J Ave City: h'.o.:.-S:,,....-t> Slute:-_?~-Z~: ,_q_3._r-2=1_ _PhotM'a No.: ( ::,5Pj ) 'fir,_ <Y t 5'2.__ Date: f:A.-:,,, _J-J~_,~J.t< 2Qi t/ :;b c.u.nt!nA--Servfcc Provided: . ,·{t?co .r(JL,_~.>(C l-1 4k•51,d I S&Y..-. M :irto ~{ ,,,.,....,,a h1 ~.J ::h'-C . °'!jf:LP..,-b,.___ _w,cis.-~ c;;...,J lor <J,triz,......,1 cl~:1tnc.::~ a+-\lac:r;,.r:c.:~=------------Reterence Name_: Addies.<;~ . City; p::-Mn ... o State: CA-Zip: q3 ·J--oh Phone No,: ( 551 ) ~ v;O ., q 950-, Date: ~~~~~~o I, ~~~~~ S:ervi_cePrnvided' ~,111 ~ a~ .S..J.:CVl-0:-.~ll-fl~ h10 a,l-~<.L:C .J\:+.<:.. . Fai/LJre to provide ii list of-at least-five (5) customers m_ay.be cause for re]ection of this RFQ_ G ',?UBI l()Rf{~\.i:Y i.>16-1•1,HI--D?ii°fiO YARD ROI 1. OFF BIN RFNT;..I., Ol;Ll'•IE'RY, AND PiCKLt°\W-GZil «l Y /.RP Rl.')I.L OFF S-lt{ REi•ITAI~ DfcUVEP,'r' flr•iO PICKIJP_O(}C Quotaticm No. 1 ~-028 Page 16 SC.OPE OF WORK The County of Fresno on behalf of-the:Department'of Public Works and Planning, Resources Division., Parks is 'requesting bids rrorn qualified vendors to prqvide delfvery; pick'."·up, .disposal arid rental of 40-yard roll-off bins containing green waste. Green·waste.is generated by Fresno County tree trimmers and.consists primarily of woocl, leaves, shruqs, chipped trees·, tree·trunks, palm fronds, and ·other.organic material, . Bins are. to pe ~$ed .predominately 'On Vail N_ess and Kearney l;>oulevardss . Bins will also oe. needed on County easements in rur~I, ._uninc;:orporatecl areas-.of the County oc·casionally: G:\PUBLIG'•ru=O\FY 2018-19\ 19-028 40 Y .6.RD ROLi. OFF SIN RENT AL DELIVERY, /\ND. PICKUPI 19-028 40 YARDB,Ol.i' OFF Blt4 RENTAL, 01:1.IVERY, Af";O · PICKUP.DOC . . .. . . - Quotation No. 19-028 Page 17 QUOTATION SCHEDULE DESCRIPTfON DAILY WEEKLY MONTHLY Each 4.0 yard Roll Off Bin . $ 5'"<-,l!. i~ J.:o!.f:.\~ ~:✓vr-s~J~~) $ S,e.tL ~t..j !?'~ Rental .0 l't«. v.l tW<..-.(1 J.~,) . Delivery per Bin $ $_~ 1~,kc\.ii.A $ Pick-up_p.er Bin $ ~ f-b"-L...:.:a/l_). $ Disposal·perTon $ $-,r ,:_ c.tl,,:\.,.ckA $ Ovel"iveight char~es per Ton $ $ l i ~dl,\,,&.d.. $ Delay char~fes $ r---"" . .,,_. __ _._" s too~-s Labor Chari:ies s· s ~,~-s Any other Charges IS $ -v-ctidv. ·d&d.,, $ Sales Tax Prices· shall be· per each roll off bin and include-any permits required. Delay charges pertain to. fnaccessible bins. Labor charges refer to adjustments req_uired.to even out a load or to make it safe-lo haul. G;'tPU !3llC'~FQ',FY ,.\Ji a-i !:i\ 19,C~8 •10 Y1\RD ROLL OFF BIN RENTAL DELIVERY. AND P!C K Uft\19-0'.i.3 ,,• YA:{D ROLL OFF BIN RENT,~!., DEUVER'i, AND PICKUP noc· ·. Quotation No. 19-028 Page 18 CHECK LIST This Checklist is provided to assist·the v~ndors. in the preparation of their bid response-. Included in this list, are important requirements and is the. responsibility of the bidd_er to submit with the bid package in order to \lH',1ke the b_id compliant. Because this checklistis Just:.a guideline, the bidder muslread and comply with the bid in_ its entirely. Check' off each of the following: 1. -~ Tl1e Request for Quotation (RFQ) has been signed and complet~d. 2. V Addenda, ff any, have been signed and included in the bid package_ --. . . ~-. 3. ~ The completed Reference Ust as provided wiU1 this RFO. 4. .,,,--The Quotation SchedCJ!e as provided with this RFQ.has _be~n completed, price reviewed for accuracy_and any corrections inili<-1led. ·' · · · 5. 6_ 7. 8. V ✓-·v ✓ Indicate all of bidder.ex!'.:,eplions'tgthe County's·(cquirements, conditions and specifications as stated within this RFQ. The Participaiion page·as providedwithin-thisRFQ has:been signed and included Bidder to Complete p~ge as provided with this RFO .. Verffication.of Contractor"s Licehse ... and the Oeparlrnent of Consumer Affairs -Contractors' State License Board. 9. ✓ Return checklist-with RFQ response. 10. v Completed RF.Q'in pdfformat, elecfronically·submittedfo·thc Bid Page on Public. Purchase. · · G:\P.L.'BLIC'.RFQIFY 20,B-19119-021!•10 YARD ROl!. OFF B!N RENT~L, DELIVERY, AND PJCl\"UP\19-02840 YA.C::0 ROI.L OFF BJN RENTAL, DELIVERY, A,'lO PICKUP.'DOC . EXHIBIT "B" Self-Dealing Transaction Disclosure (Financial) Non-corporate bidders may disregard this section. Bidders shall complete a SELF-DEALING TRANSACTION DISCLOSURE FORM, provided herein, for each applicable corporate director of the bidding company. The signed form(s) shall be submitted as a part of the company's proposal or quotation. Complete the form and indicate "NONE" under part 3 when your company is a corporation and no directors are involved with a Self-Dealing Transaction. The form must be signed by an individual authorized to legally bind the corporation when no directors have a Self-Dealing Transaction. DISCLOSURE OF SELF-DEALING TRANSACTIONS: The following provision will be incorporated into ensuing agreements. It shall apply only when the CONTRACTOR is operating as a corporation (a for-profit or non-profit corporation) or if during the term of the agreement, CONTRACTOR changes its status to operate as a corporation. 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 CONTRA CTOR's Board of Directors shall disclose any self-dealing transactions that they are a party to while CONTRACTOR is providing goods or performing services under this agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form (Exhibit#) and submitting it to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. SELF-DEALING TRANSACTION DISCLOSURE FORM INSTRUCTIONS 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''), EXHIBIT "B" 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 which one or more of its directors has a material financial interest" The definition above will be utilized for purposes of completing the disclosure form. (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 Codes. (5) Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4). Form provided on following page. EXHIBIT "B" SELF-DEALING TRANSACTION DISCLOSURE FORM (1) Company Board Member Information: Name: Date: Job Title: (2) Company/Agency Name and Address: E-~-F TV\~. cA (3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to) tJ o V\Q_ (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a) (5) Authorized Signature p.,,-~~o J~ Last printed 3/6/2019 12:58:00 PM EXHIBIT "B" SELF-DEALING TRANSACTION DISCLOSURE FORM (1) Company Board Member Information: Name: Job Title: J0v-\-(b,~ V(U"5v ~L(U,ln,Os Se-~.+z:t«J I 1 '<uw wr w-(2) Company/Agency Name and Address: F-ce .. sn.. o Date: (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 Last printed 3/6/2019 12:58:00 PM