HomeMy WebLinkAboutP-21-096 Banks Co. Agreement.pdf CO,U County of Fresno
INTERNAL SERVICES DEPARTMENT
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PROCUREMENT AGREEMENT
Agreement Number P-21-096
April 5, 2021
Banks & Co.
PO Box 6543
Fresno, CA 93703
The County of Fresno (County) hereby contracts with Banks & Co. (Contractor)to complete compliance
testing and related repairs for the County of Fresno fuel sites in accordance with the text of this agreement,
Attachment"A", County of Fresno Request for Quotation No: 21-020 and the attached contractors response
to County of Fresno Request for Quotation No: 21-020 by this reference made a part hereof.
TERM: This Agreement shall become effective April 12, 2021 and shall remain in effect through April 11,
2024.
EXTENSION: This Agreement may be extended for two (2)additional one (1)year periods by the mutual
written consent of all parties.
MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County
reserves the right to increase or decrease orders or quantities.
CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment"A"
attached, at the rates set forth in Attachment"A".
ORDERS: Orders will be placed on an as-needed basis by Internal Services— Fleet Services under this
contract.
PRICES: Prices shall be firm for the contract period. Any pricing changes which may take place during the
life of the contract must be submitted in writing to the County of Fresno Purchasing Manager and received no
less than thirty (30) days prior to becoming effective.
MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of One
Hundred Seventy-Five Thousand Dollars ($175,000.00).
ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as
deemed necessary. Such additions shall be made in writing and signed by both parties.
DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be
delivered complete as specified. All orders placed before Agreement expiration shall be honored under the
terms and conditions of this Agreement.
DEFAULT: In case of default by Contractor, the County may procure the articles/services from another
source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any
other legal means available to the County. The prices paid by County shall be considered the prevailing
333 W.Pontiac Way,Clovis,CA 93612/(559)600-7110
The County of Fresno is an Equal Employment Opportunity Employer
PROCUREMENT AGREEMENT NUMBER: P-21-096 Page 2
Banks & Co.
April 5, 2021
market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not
meet specifications, will be at the expense of Contractor.
INVOICING: An itemized invoice shall be emailed to the Fleet Services Inbox at
fleetservices@fresnocountyca.gov in accordance with invoicing instructions included in each order
referencing this Agreement. The Agreement number must appear on all shipping documents and invoices.
Invoice terms shall be Net 45 Days.
INVOICE TERMS: Net forty-five (45)days from the receipt of invoice.
TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30) days written
notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory
services or supplies provided to the date of termination.
LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they
be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel
engaged in service covered by this Agreement.
AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased
goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible
condition all books, documents, papers, data files and other records related to its performance under this
contract. Such records shall be complete and available to Fresno County, the State of California, the federal
government or their duly authorized representatives for the purpose of audit, examination, or copying during
the term of the contract and for a period of at least three years following the County's final payment under the
contract or until conclusion of any pending matter(e.g., litigation or audit), whichever is later. Such records
must be retained in the manner described above until all pending matters are closed.
LIABILITY: The Contractor agrees to:
Pay all claims for damage to property in any manner arising from Contractor's operations under this
Agreement.
Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and
employees from any and all claims for damage or other liability, including costs, expenses (including
attorney's fees and costs), causes of action, claims or judgments resulting out of or in any way connected
with Contractor's performance or failure to perform by Contractor, its agents, officers 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.
INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any
third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following
insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
arrangement or Joint Powers Agreement (JPA)throughout the term of the Agreement:
A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two
Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars
($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific
coverage including completed operations, product liability, contractual liability, Explosion-Collapse-
Underground, fire legal liability or any other liability insurance deemed necessary because of the nature
of the contract.
B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should
include any auto used in connection with this Agreement.
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PROCUREMENT AGREEMENT NUMBER: P-21-096 Page 3
Banks & Co.
April 5, 2021
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.
Additional Requirements Relating to Insurance:
Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of
Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only
insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall
apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers,
agents and employees shall be excess only and not contributing with insurance provided under Contractor's
policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30)days
advance written notice given to County.
Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts
paid by the policy of worker's compensation insurance required by this Agreement. Contractor is solely
responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of
subrogation, but Contractor's waiver of subrogation under this paragraph is effective whether or not
Contractor obtains such an endorsement.
Within Thirty(30)days from the date Contractor signs and executes this Agreement, Contractor shall provide
certificates of insurance and endorsement as stated above for all of the foregoing policies, as required
herein, to the County of Fresno, Fleet Services, 4551 E Hamilton Ave, Fresno, CA 93702, stating that
such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers,
agents and employees will not be responsible for any premiums on the policies; that such Commercial
General Liability insurance names the County of Fresno, its officers, agents and employees, individually and
collectively, as additional insured, but only insofar as the operations under this Agreement are concerned;
that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-
insurance, maintained by County, its officers, agents and employees, shall be excess only and not
contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be
cancelled or changed without a minimum of thirty(30)days advance, written notice given to County.
In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County
may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of
such event.
All policies shall be with admitted insurers licensed to do business in the State of California. Insurance
purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or
better.
COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish
proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence.
INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor
under this Agreement, it is mutually understood and agreed that Contractor, including any and all of
Contractor's officers, agents, and employees will at all times be acting and performing as an independent
contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee,joint
venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise
or direct the manner or method by which Contractor shall perform its work and function. However, County
shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations
in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable
provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over
matters the subject thereof.
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PROCUREMENT AGREEMENT NUMBER: P-21-096 Page 4
Banks & Co.
April 5, 2021
Because of its status as an independent contractor, Contractor shall have absolutely no right to employment
rights and benefits available to County employees. Contractor shall be solely liable and responsible for
providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor
shall be solely responsible and save County harmless from all matters relating to payment of Contractor's
employees, including compliance with Social Security, withholding, and all other regulations governing such
matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to
others unrelated to the County or to this Agreement.
NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or
duties under this Agreement without the written consent of the other party.
AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County
with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments,
writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature
whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set
forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both
parties.
INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this
Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1)the
text of this Agreement (excluding Attachment"A", County's Request for Quotation No. 21-020 and the
Contractor's Quote in response thereto); (2)Attachment"A"; (3)the County's Request for Quotation No. 21-
020 and (4)the Contractor's quotation made in response to County's Request for Quotation No. 21-020.
GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the
State of California. Venue for any action shall only be in County of Fresno.
ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic
signature as provided in this section.
A. An "electronic signature" means any symbol or process intended by an individual signing this Agreement
to represent their signature, including but not limited to (1) a digital signature; (2)a faxed version of an
original handwritten signature; or(3) an electronically scanned and transmitted (for example by PDF
document)of a handwritten signature.
B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid
original handwritten signature of the person signing this Agreement for all purposes, including but not
limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and
effect as the valid original handwritten signature of that person.
C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in
the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section
1633.1).
D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of
Government Code section 16.5, subdivision (a), paragraphs (1)through (5), and agrees that each other
party may rely upon that representation.
This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means
and either party may sign this Agreement with an original handwritten signature.
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AGREEMENT.DOO(
PROCUREMENT AGREEMENT NUMBER: P-21-096 Page 5
Banks & Co.
April 5, 2021
Please acknowledge your acceptance by returning all pages of this Agreement to my office via email.
Please refer any inquiries in this matter to Crystal Nino, Purchasing Technician, at 559-600-7113 or
cnino@fresnocountyca.gov.
FOR THE COUNTY OF FRESNO
Gary COrnuelle Digitally signed by Gary Cornuelle
Date:2021.04.12 11:55:23-07'00'
Gary E. Cornuelle
Purchasing Manager
333 W. Pontiac Way
Clovis, CA 93612
GEC:cn
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AGREEMENT.DOO(
PROCUREMENT AGREEMENT NUMBER: P-21-096 Page 6
Banks & Co.
April 5, 2021
CONTRACTOR TO COMPLETE:
Company: Nwestco LLC
Type of Entity:
❑ Individual ❑■ Limited Liability Company
❑ Sole Proprietorship ❑ Limited Liability Partnership
❑ Corporation ❑ General Partnership
PO Box 6543 Fresno CA 93701
Address City State Zip
559-485-3456 info@nwestco.com
TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS
Print Name & Timothy Gibbar / President
Title: Print Name &Title:
2021.04.09 16:49:03
Signature: T — -06'00' Signature:
ACCOUNTING USE ONLY
ORG No.: 8910
Account No.: 7410
Requisition No.: 8912100522
(02/2021)
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PROCUREMENT AGREEMENT NUMBER: P-21-096 Attachment Page 1 of 3
Banks & Co.
April 5, 2021
ATTACHMENT 'A"
HOURLY RATES:
Hourly rates for repairs and maintenance by a journey-level technician, not including travel time
or expenses are as follows:
Hourly rate: $80.00 (during normal business hours Monday through Friday, 6:00 AM — 7:00 PM,
excluding County holidays)
After Hours Rate: $120.00 (7:00 PM —6:00 AM, excluding County holidays)
Holiday Hourly Rate: $160.00 (the twenty-four(24) hour period beginning at 12:00 AM on the holiday
date(s))
COMPLIANCE TESTING:
APCD UGST SB 989 UST Drop
# LOCATION DESCRIPTION Testing Quote (every 3 Tube Test
Testing Quote Quote years) (every 3
ears
American Avenue Single aboveground tank $450.00 N/A N/A N/A
1 Disposal Site (9,000-gallon diesel;
18950 W. American Ave 5,000-gallon gasoline)
Kerman
Auberry Public Works Single aboveground tank $450.00 N/A N/A N/A
2 Yard (6,000-gallon diesel;
33148 Auberry Road 9,000-gallon gasoline)
Auberry
Avocado Lake Park Single aboveground tank $450.00 N/A N/A N/A
3 3625 N. Piedra Road (500-gallon diesel;
Fresno 1,000-gallon gasoline)
Barton Motor Pool Single underground tank $550.00 $455.00 $1 ,000.00 $160.00
4 500 S. Barton Ave (12,000-gallon gasoline)
Fresno
Biola Public Works Yard Single aboveground tank $450.00 N/A N/A N/A
5 12856 W. G Street (10,000-gallon diesel;
Biola 10,000-gallon gasoline)
Caruthers Public Works Two underground tanks $550.00 $625.00 $1 ,000.00 $160.00
6 Yard (One (1) 10,000-gallon diesel;
2544 W. Mountain View One (1) 10,000-gallon gasoline)
Caruthers
Clovis Public Works Yard Single aboveground tank $450.00 N/A N/A N/A
7 9400 N. Matus (10,000-gallon diesel;
Fresno 10,000-gallon gasoline)
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PROCUREMENT AGREEMENT NUMBER: P-21-096 Attachment Page 2 of 3
Banks & Co.
April 5, 2021
APCD UGST SB 989 UST Drop
# LOCATION DESCRIPTION Testing Quote (every 3 Tube Test
Testing Quote Quote years) (every 3
ears
Coalinga Public Works Single aboveground tank $450.00 N/A N/A N/A
8 Yard (10,000-gallon diesel;
740 E. Polk Ave 10,000-gallon gasoline)
Coalinga
Courthouse Motor Pool Single underground tank $450.00 $475.00 $1 ,000.00 $160.00
9 1155 M St (10,000-gallon gasoline)
Fresno
Del Rey Public Works Single aboveground tank $450.00 N/A N/A N/A
10 Yard (10,000-gallon diesel;
3633 S. Del Rey Ave 5,000-gallon gasoline)
Del Re
Dunlap Public Works Single aboveground tank $450.00 N/A N/A N/A
11 Yard (5,000-gallon diesel;
40315 Dunlap Road 3,000-gallon gasoline)
Dunlap
Firebaugh Public Works Two aboveground tanks $450.00 N/A N/A N/A
12 Yard (One (1) 10,000-gallon diesel;
38835 W. Nees Ave One (1) 10,000-gallon gasoline)
Firebau h
Hamilton - Fleet complex Two underground tanks $550.00 $685.00 $1 ,000.00 $160.00
13 4551 E. Hamilton Ave (One (1) 12,000-gallon diesel;
Fresno One (1)20,000-gallon gasoline)
Kearney Park Single aboveground tank $450.00 N/A N/A N/A
14 6725 W. Kearney Blvd (3,000-gallon diesel;
Fresno 9,000-gallon gasoline)
Sanger Public Works Single aboveground tank $450.00 N/A N/A N/A
15 Yard (10,000-gallon diesel;
9525 W. Olive Ave 10,000-gallon gasoline)
Fresno
Shaver Lake Public Single underground tank $450.00 $690.00 $1 ,000.00 $160.00
16 Works Yard (4,000-gallon diesel;
41687 Dinkey Creek Road 8,000-gallon gasoline)
Shaver Lake
Tranquillity Public Works Two underground tanks $550.00 $650.00 $1 ,000.00 $160.00
17 Yard (One (1) 10,000-gallon diesel;
25411 W. Silveria St One (1) 10,000-gallon gasoline)
Tranquillity
Fulton Mail Health Single underground tank No testing N/A N/A N/A
Department (500-gallon diesel)
18 1221 Fulton Mall or
Fresno
inspection
Sheriff Admin Building Single underground tank N/A $370.00 $1 ,000.00 $160.00
19 2200 Fresno St (20,000-gallon diesel)
Fresno
Juvenile Justice Campus Single aboveground tank $450.00 N/A N/A N/A
20 3333 E. American Ave (10,000-gallon unleaded;
Fresno 10,000-gallon diesel)
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AGREEMENT.D000
PROCUREMENT AGREEMENT NUMBER: P-21-096 Attachment Page 3 of 3
Banks & Co.
April 5, 2021
DESIGNATED UST OPERATOR - MONTHLY
# LOCATION DESCRIPTION COST
Hamilton Yard 20,000-gallon unleaded tank; $25.00
1 4551 E. Hamilton 12,000-gallon diesel tank
Fresno, CA
Barton Motor Pool $25.00
2 500 S. Barton 12,000-gallon unleaded tank
Fresno, CA
Courthouse Motor Pool $25.00
3 1225 M Street 10,000-gallon unleaded tank
Fresno, CA
Shaver Lake Public Works 8,000-gallon unleaded tank; $25.00
4 41687 Dinkey Cr. Rd.
Shaver Lake 4,000-gallon diesel tank
Caruthers Public Works 10,000-gallon unleaded tank; $25.00
5 2544 W. Mt. View 10,000-gallon diesel tank
Caruthers, CA
Tranquillity Public Works 10,000-gallon unleaded tank; $25.00
6 25411 W. Silveria 10,000-gallon diesel tank
Tranquillity, CA
Sheriffs Administration $25.00
7 2200 N. Fresno St 12,000-gallon diesel tank
Fresno, CA
TOTAL DESIGNATED $175.00
UST OPERATOR— MONTHLY
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AGREEMENT.D000
Contractor's Response to
County of Fresno
Request for Quotation
No. 21 -020
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AGREEMENT.D000
COUNTY OF FRESNO
cop
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FRE`S
REQUEST FOR QUOTATION
NUMBER: 21 -020
FUEL SITE REPAIRS, MAINTENANCE, TESTING AND
TANK MONITORING SYSTEMS
Issue Date: December 14, 2020
Closing Date: JANUARY 12, 2021 AT 2:00 PM
All Questions and Responses must be electronically submitted on the Bid Page on Public Purchase.
For assistance, contact Crystal Nino 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 this RFQ.
Bid must be signed and dated by an authorized officer or employee.
Except as noted on individual items,the following will apply to all items in the Quotation Schedule:
• A cash discount of % days will apply. County does not accept terms less than 15 days.
Banks & Co
COMPANY
Eric M. Katen
CONTACT PERSON
P.O. Box 6543
ADDRESS
Fresno Ca 93703
CITY STATE ZIP CODE
(559 485-3456
TELEPHONE NUMBER E-MAIL ADDRESS
66-" CO3'� a/ev», Testing Administrator
AUTHORIZED SIGNATURE
Eric M Katen
PRINT NAME TITLE
Purchasing Use:CN:st ORGIRequisition:8910189102100522
G:1PubliclR WY 2020.21\21-020 Fuel Site Repairs,Maintenance,Testing and Tank Monitoring Systems121-020 Fuel Site Repairs,Maintenance,
Testing and Tank Monitoring Systems.docx
Quotation No. 21-020 Page 2
TABLE OF CONTENTS
PAGE
KEYDATES .................................................................................................................... 3
OVERVIEW..................................................................................................................... 3
BIDINSTRUCTIONS ......................................................................................................4
GENERAL REQUIREMENTS & CONDITIONS............................................................... 5
INSURANCE REQUIREMENTS ................................................................................... 14
PARTICIPATION........................................................................................................... 16
DIR ACKNOWLEDGEMENT.,....................................................................................... 16
REFERENCELIST........................................................................................................ 17
COMPLY/NOT COMPLY............................................................................................... 18
QUOTATIONSCHEDULE............................................................................................. 19
CHECKLIST .................................................................................................................24
G;IPUBLICIRFQIFY 2020.21QI-020 FUEL SITE REPAIRS,MAINTENANCE,TESTING AND TANK MONITORING SYSTEMS121.020 FUEL SITE REPAIRS,
MAINTENANCE,TESTING AND TANK MONITORING SYSTEMS.DOCX
Quotation No. 21-020 Page 3
KEY DATES
RFQ Issue Date: December 14, 2020
Written Questions for RFQ Due: December 28, 2020 at 10:00 AM
Questions must be submitted on the Bid Page at Public Purchase.
RFQ Closing Date: January 12, 2021 at 2:00 PM
Quotations must be electronically submitted on the Bid Page.
OVERVIEW
The County of Fresno ("County") is soliciting bids to establish an agreement under which the successful
bidder will provide all labor, material, equipment, permits, fees, taxes, etc, related to fuel site repairs,
maintenance, testing, and tank monitoring systems. The County operates eighteen (18) vehicle fueling sites
and seven (7) underground tanks, two (2) of which are building maintenance generator tanks, collectively
referred to as Fuel Sites. Fuel storage tanks contain either gasoline or diesel.
The intent of this Request for Quotation (RFQ) is to competitively bid the following:
1. Fuel Site Maintenance and Repairs—General preventative maintenance of the fuel sites including
routine maintenance functions which reduce the possibility of unforeseen repairs. Scheduled and
unscheduled repairs to a fuel site to make the site operational for its intended function.
2. Fuel Site Testing— Compliance Testing, which includes Annual Testing, Underground Storage Tank
(UST) Testing, and SB989 Testing. Applicable testing to be performed per the established permits.
3. UST Designated Operator(as needed)—Monthly UST inspections for nine (9) County sites, as well as
weekly and monthly Air Pollution Control District(APCD) inspections.
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MAINTENANCE,TESTING AND TANK MONITORING SYSTEMS.DOCX
Quotation No. 21-020 Page 4
BID INSTRUCTIONS
• Bidders must electronically submit bid package in pdf format, no later than the quotation closing date
and time as stated on the front of this document, to the Bid Page on Public Purchase. The County will
not be responsible for and will not accept late bids due to slow internet connection or incomplete
transmissions.
• Bids received after the closing time will NOT be considered.
• All quotations shall remain firm for 180 days.
• Interpretation: Should any discrepancies or omissions be found in the bid specifications or doubt as to
their meaning, the bidder shall notify the Buyer in writing at once. The County shall not be held
responsible for verbal interpretations. Questions regarding the bid must be received by Purchasing
prior to the date and time stated within this document. All addenda issued shall be in writing, duly
issued by Purchasing and incorporated into the contract.
• ISSUING AGENT/AUTHORIZED CONTACT: This RFQ has been issued by County of Fresno,
Purchasing. Purchasing shall be the vendor's sole point of contact with regard to the RFQ, its
content, and all issues concerning it.
All communication regarding this RFQ shall be directed to an authorized representative of County
Purchasing. The specific buyer managing this RFQ is identified on the cover page, along with his or
her telephone number, and he or she should be the primary point of contact for discussions or
information pertaining to the RFQ. Contact with any other County representative, including elected
officials, for the purpose of discussing this RFQ, its content, or any other issue concerning it, is
prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having
unauthorized contact (verbally or in writing) with such other County representatives, may constitute
grounds for rejection by Purchasing of the vendor's quotation.
The above stated restriction on vendor contact with County representatives shall apply until the
County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in
the event that a vendor initiates a formal protest against the RFQ, such vendor may contact the
appropriate individual, or individuals who are managing that protest as outlined in the County's
established protest procedures. All such contact must be in accordance with the sequence set forth
under the protest procedures. Second, in the event a public hearing is scheduled before the Board of
Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may
address the Board.
• APPEALS: Appeals must be submitted in writing within seven (7) working days after notification of
proposed recommendations for award. A"Notice of Award" is not an indication of County's
acceptance of an offer made in response to this RFQ. Appeals shall be submitted to County of
Fresno Purchasing, 333 W. Pontiac Way, Clovis, CA 93612 and in Word format to
gcornuelle cDFresnoCountyCA.gov. Appeals should address only areas regarding RFQ contradictions,
procurement errors, proposal rating discrepancies, legality of procurement context, conflict of interest,
and inappropriate or unfair competitive procurement grievance regarding the RFQ process.
Purchasing will provide a written response to the complainant within seven (7)working days unless
the complainant is notified more time is required. If the appealing bidder is not satisfied with the
decision of Purchasing, bidder shall have the right to appeal to the County Administrative Office
within seven (7) working days after Purchasing's notification; if the appealing bidder is not satisfied
with CAO's decision, the final appeal is with the Board of Supervisors. Please contact Purchasing if
the appeal will be going to the Board of Supervisors.
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GENERAL REQUIREMENTS & CONDITIONS
LOCAL VENDOR PREFERENCE AND DISABLED VETERAN BUSINESS ENTERPRISE BID
PREFERENCE: The Local Vendor Preference and Disabled Veteran Business Enterprise Preference do
not apply to this Request for Quotation.
DEFINITIONS: The terms Bidder, Proposer, Contractor and Vendor are all used interchangeably and refer
to that person, partnership, corporation, organization, agency, etc. which is offering the quotation and is
identified on page one of this Request For Quotation (RFQ).
INTERPRETATION OF RFQ: Vendors must make careful examination of the requirements, specifications
and conditions expressed in the RFQ and fully inform themselves as to the quality and character of services
required. If any person planning to submit a quotation finds discrepancies in or omissions from the RFQ or
has any doubt as to the true meaning or interpretation, correction thereof may be requested in writing from
Purchasing by December 28, 2020 @ 10:00 AM, cut-off.
Questions must be submitted on the Bid Page at Public Purchase or contact Crystal Nino at(559)600-7110.
NOTE: Time constraints will prevent County from responding to questions submitted after the cut-off date.
Any change in the Request for Quotation will be made by written addendum issued by the County. The
County will not be responsible for any other explanations or interpretations.
AWARD: Award will be made to the vendor(s) offering the services, products, prices, delivery, equipment
and system deemed to be to the best advantage of the County. Past performance (County contracts within
the past seven years) and references may factor into awarding of a contract. The County shall be the sole
judge in making such determination. Award Notices are tentative:Acceptance of an offer made in response
to this RFQ shall occur only upon execution of an agreement by both parties or issuance of a valid written
Purchase Order by Fresno County Purchasing.
RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to waive
informalities or irregularities in bids. Failure to respond to all questions or not to supply the requested
information could result in rejection of your quotation.
CODES AND REGULATIONS: All work and material to conform to all applicable Federal, State, local and
special district building codes, laws, ordinances, and regulations.
SALES TAX: Fresno County pays California State Sales Tax in the amount of 7.975% regardless of
vendor's place of doing business.
TAXES, PERMITS & FEES: The successful bidder shall pay for and include all federal, state and local taxes
direct or indirect upon all materials; pay all fees for, and obtain all necessary permits and licenses, unless
otherwise specified herein.
TAXES, CHARGES AND EXTRAS:
A) DO NOT include Federal Excise Tax. County is exempt under Registration No. 94-73-03401-K.
B) County is exempt from Federal Transportation Tax. Exemption certificate is not required where
shipping papers show consignee as County of Fresno.
C) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid.
SPECIFICATIONS AND EQUALS: Brand names, where used, are a means of establishing quality and
style. Bidders are invited to quote their equals. Alternate offers are to be supported by literature, which fully
describes items that you are bidding.
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No exceptions to or deviations from this specification will be considered unless each exception or deviation is
specifically stated by the bidder, in the designated places. If no exceptions or deviations are shown, the
bidder will be required to furnish items exactly as specified herein. The burden of proof of compliance with
this specification is the responsibility of the bidder.
LITERATURE: Bidders shall submit literature, which fully describes items on which they are bidding, not
later than the closing date of this bid. Any and all literature submitted must be stamped with bidders name
and address.
MERCHANDISE RETURNABLE FOR FULL CREDIT: Bidder agrees to accept for full credit any
merchandise sold by him on contract or award resulting from this bid, if returned in good condition by the
County.
GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and
workmanship and guarantee against breakage and other malfunctions when performing work for which they
are designed.
PACKAGING: Each item listed in the bid gives as part of its description the minimum packaging size that
the County would order. The County feels it more reasonable to order the successful bidder's standard
"carton"sizes; therefore, each bidder is asked to fill in the information for each item. Normally the
circumstances resort to minimum package size orders. Be sure to fill in your"standard"carton size on the
quotation schedule if different from stated.
Quote separate prices on each individual item in County unit of measure (i.e., EA, DZ, PG, not your standard
carton price).
SAMPLES: On request, samples of the products on which you are bidding shall be made available to the
County. County will designate where samples are to be delivered.
Successful bidder's samples may be retained for checking against delivery, in which case allowance will be
made to vendor.
Samples, when required, must be furnished and delivered free and, if not destroyed by tests, will upon
written request (within thirty (30) days of bid closing date) be returned at the bidder's expense. In the
absence of such notification, County shall have the right to dispose of the samples in whatever manner it
deems appropriate.
VENDOR ASSISTANCE: Successful bidder shall furnish, at no cost to the County, a representative to assist
County departments in determining their product requirements.
MINOR DEVIATIONS: The County reserves the right to negotiate minor deviations from the prescribed
terms, conditions and requirements with the selected vendor.
BIDDERS' LIABILITIES: County of Fresno will not be held liable for any cost incurred by vendors in
responding to the RFQ.
PRICE RESPONSIBILITY: The selected vendor will be required to assume full responsibility for all services
and activities offered in the quotation, whether or not they are provided directly. Further, the County of
Fresno will consider the selected vendor to be the sole point of contact with regard to contractual matters,
including payment of any and all charges resulting from the contract. The contractor may not subcontract or
transfer the contract, or any right or obligation arising out of the contract, without first having obtained the
express written consent of the County.
PRICES: Bidder agrees that prices quoted are for the contract period, and in the event of a price decline
such lower prices shall be extended to the County of Fresno. Prices shall be quoted F.O.B. destination.
CONFIDENTIALITY: Bidders shall not disclose information about the County's business or business
practices and safeguard confidential data which vendor staff may have access to in the course of system
implementation.
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NEWS RELEASE: Vendors shall not issue any news releases or otherwise release information to any third
party about this RFQ or the vendor's quotation without prior written approval from the County of Fresno.
BACKGROUND REVIEW: The County reserves the right to conduct a background inquiry of each
proposer/bidder which may include collection of appropriate criminal history information, contractual and
business associations and practices, employment histories and reputation in the business community. By
submitting a quotation/bid to the County, the vendor consents to such an inquiry and agrees to make
available to the County such books and records the County deems necessary to conduct the inquiry.
ADDENDA: In the event that it becomes necessary to revise any part of this RFQ, addenda will be provided
to all agencies and organizations that receive the basic RFQ.
CONFLICT OF INTEREST: The County shall not contract with, and shall reject any bid or quotation
submitted by the persons or entities specified below, unless the Board of Supervisors finds that special
circumstances exist which justify the approval of such contract:
1. Employees of the County or public agencies for which the Board of Supervisors is the governing
body.
2. Profit-making firms or businesses in which employees described in Subsection (1) serve as officers,
principals, partners or major shareholders.
3. Persons who, within the immediately preceding twelve (12) months, came within the provisions of
Subsection (1), and who were employees in positions of substantial responsibility in the area of
service to be performed by the contract, or participated in any way in developing the contract or its
service specifications.
4. Profit-making firms or businesses in which the former employees described in Subsection (3) serve
as officers, principals, partners or major shareholders.
5. No County employee whose position in the County enables him to influence the selection of a
contractor for this RFQ, or any competing RFQ, and no spouse or economic dependent of such
employee, shall be employees in any capacity by a bidder, or have any other direct or indirect
financial interest in the selection of a contractor.
INVOICING: All invoices are to be delivered to the Fleet Services inbox at
fleetservices(@fresnocountyca.gov. Each invoice shall reference the purchase order or contract number and
the equipment number if applicable.
PAYMENT: County will make partial payments for all purchases made under the contract/purchase order
and accumulated during the month. Terms of payment will be net forty-five (45) days. County will consider
the Bidder's Cash discount Offer, in lieu of the net forty-five (45) days payment terms.
CONTRACT TERM: It is County's intent to contract with the successful bidder for a term of three (3)
ears.
RENEWAL: Agreement may be renewed for a potential of two (2) one (1) year periods, based on the mutual
written consent of all parties.
QUANTITIES: Quantities shown in the bid schedule are approximate and the County guarantees no
minimum amount. The County reserves the right to increase or decrease quantities.
ORDERING: Orders will be placed as required by County of Fresno Department of Internal Services, Fleet
Services Division.
TERMINATION: The County reserves the right to terminate any resulting contract upon written notice.
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INDEPENDENT CONTRACTOR: In performance of the work, duties, and obligations assumed by
Contractor under any ensuing Agreement, it is mutually understood and agreed that CONTRACTOR,
including any and all of Contractor's officers, agents, and employees will at all times be acting and
performing as an independent contractor, and shall act in an independent capacity and not as an officer,
agent, servant, employee,joint venturer, partner, or associate of the COUNTY. Furthermore, County shall
have no right to control or supervise or direct the manner or method by which Contractor shall perform its
work and function. However, County shall retain the right to administer this Agreement so as to verify that
Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and
County shall comply with all applicable provisions of law and the rules and regulations, if any, of
governmental authorities having jurisdiction over matters the subject thereof.
Because of its status as an independent contractor, Contractor shall have absolutely no right to employment
rights and benefits available to County employees. Contractor shall be solely liable and responsible for
providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor
shall be solely responsible and save County harmless from all matters relating to payment of Contractor's
employees, including compliance with Social Security, withholding, and all other regulations governing such
matters. It is acknowledged that during the term of the Agreement, Contractor may be providing services to
others unrelated to the County or to the Agreement.
SELF-DEALING TRANSACTION DISCLOSURE: Contractor agrees that when operating as a corporation
(a for-profit or non-profit corporation), or if during the term of the agreement the Contractor changes its status
to operate as a corporation, members of the Contractor's Board of Directors shall disclose any self-dealing
transactions that they are a party to while Contractor is providing goods or performing services under the
agreement with the County. 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
Fresno County Self-Dealing Transaction Disclosure Form and submitting it to the County prior to
commencing with the self-dealing transaction or immediately thereafter.
HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save, hold harmless and at County's request,
defend the County, its officers, agents and employees, from any and all costs and expenses (including
attorney's fees and costs), damages, liabilities, claims and losses occurring or resulting to County in
connection with the performance, or failure to perform, by Contractor, its officers, agents or employees under
this Agreement and from any and all costs and expenses (including attorney's fees and costs), damages,
liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be injured or
damaged by the performance, or failure to perform, of Contractor, its officers, agents or employees under
this Agreement.
MATERIALS TO BE NEW: All materials shall be new and of merchantable grade, free from defect. No bid
will be considered unless it is accompanied by a complete list of manufacturer's catalog numbers of the
items, which the bidder proposes to furnish, together with full descriptive literature on all items so
enumerated. If item proposed differs from these specifications, bidder shall present specific explanation of
functioning and structural characteristics for those details which differ from the specifications listed herein.
SAFETY DATA SHEETS: With the invoice or within twenty-five (25) days of delivery, the seller must
provide to the County a Safety Data Sheet for each product, which contains any substance on "The List of
800 Hazardous Substances", published by the State Director of Industrial Relations. (See Hazardous
Substances Information and Training Act, California State Labor Code Sections 6360 through 6399.7.)
RECYCLED PRODUCTS/MATERIALS: Vendors are encouraged to provide and quote (with
documentation) recycled or recyclable products/materials which meet stated specifications.
DAMAGE TO EXISTING WORK: Damage to existing construction, equipment, planting, etc., by the
contractor in the performance of his work shall be replaced or repaired and restored to original condition by
the contractor.
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CLEAN UP: The Contractor shall at all times, keep the premises clean from accumulation of waste
materials or rubbish caused by his employees or work and shall remove all resulting work debris from the job
site.
WATER, POWER&TOILET FACILITIES: Successful bidder may use County owned water, power and
toilet facilities at job site (when existing) at no expense to the successful bidder. Successful bidder will be
required, however, to provide piping, fittings and other items as necessary to bring water and power from
existing service to job site.
COORDINATE WORK WITH OWNER: Successful bidder shall coordinate and schedule the work with the
County so that any interruption to the normal business operations be kept to a minimum.
INSPECTION:All material and workmanship shall be subject to inspection, examination and test by the
County at any and all times during which manufacture and/or construction are carried on. The County shall
have the right to reject defective material and workmanship or require its correction.
SUPERVISION: The Contractor shall give efficient supervision to the work, using therein the skill and
diligence for which he is remunerated in the contract price. He shall carefully inspect the site and study and
compare all drawings, specifications and other instructions, as ignorance of any phase of any of the features
or conditions affecting the contract will not excuse him from carrying out its provisions to its full intent.
STANDARD OF PERFORMANCE: All work shall be performed in a good and workmanlike manner.
SAFEGUARDS: The contractor shall provide safeguards, in conformity with all local codes and ordinances
as may be required.
SIB 854: California law (SB854) now requires public works contractors subject to prevailing wage
requirements to register annually with the Department of Industrial Relations (DIR) and pay an annual fee.
The County of Fresno will not accept public works bids from contractors and subcontractors who have not
registered with the DIR and have not met this requirement. Please refer to http://www.dir-ca.gov/Public-
Works/PublicWorksSB854.html for more information.
This requirement, found in Labor Code Sections 1725.5 and 1770-1777.7, now applies to all public works
projects.
Contractor must submit verification of DIR registration with their quotation. Failure to submit verification may
result in their quotation being considered non-responsive.
PREVAILING WAGES: The work to be done on this project will involve the repair, alteration, maintenance,
installation, rehabilitation, demolition, construction or reconstruction of public buildings, streets, utilities,
and/or other public works. In accordance with Labor Code section 1770, et seq., the Director of the
Department of Industrial Relations of the State of California has determined the general prevailing wages
rates and employer payments for health and welfare pension, vacation, travel time and subsistence pay as
provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093, and
similar purposes applicable to this public work project.
Information pertaining to applicable Prevailing Wage Rates may be found on the website for the State of
California—Department of Industrial Relations: http://www.dir.ca.gov/oprl/PWD/index.htm. Information
pertaining to applicable prevailing wage rates for apprentices may be found on the website for the State of
California—Department of Industrial Relations: http://www.dir.ca.gov/oprl/pwappwage/PWAppWageStart.asp
It shall be mandatory upon the Contractor herein and upon any subcontractor to pay not less than the
prevailing wage rates, including overtime and holiday rates, to all workers, laborers, or mechanics employed
on this public work project, including those workers employed as apprentices. Further, Contractor and each
subcontractor shall comply with Labor Code sections 1777.5 and 1777.6 concerning the employment of
apprentices. A copy of the above-mentioned prevailing wage rates shall be posted by the Contractor at the
job site where it will be available to any interested party.
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Contractor shall comply with Labor Code section 1775 and forfeit as a penalty to County Two Hundred
Dollars ($200.00) for each calendar day or portion thereof, for each worker paid less than the prevailing
wage rates for the work or craft in which the worker is employed for any work done under this project by
Contractor or by any subcontractor under Contractor in violation of Labor Code section 1770, et seq. In
addition to the penalty, the difference between the prevailing wage rates and amount paid to each worker for
each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall
be paid to each worker by the Contractor or subcontractor.
Contractor and each subcontractor shall keep an accurate record showing the names, address, social
security number, work classification, straight time and overtime hours worked each day and week, and the
actual per diem wages paid to each journeyman, apprentice,worker, or other employee employed by him or
her in connection with this public work project. In accordance with Labor Code section 1776, each payroll
record shall be certified and verified by a written declaration under penalty of perjury stating that the
information within the payroll record is true and correct and that the Contractor or subcontractor complied
with the requirements of Labor Code sections 1771, 1811 and 1815 for any work performed by its employees
on this public work project. These records shall be open at all reasonable hours to inspection by the County,
its officers and agents, and to the representatives of the State of California—Department of Industrial
Relations, including but not limited to the Division of Labor Standards Enforcement.
DISPUTE RESOLUTION: The ensuing contract shall be governed by the laws of the state of California.
Any claim which cannot 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.
DEFAULT: In case of default by the selected bidder, the County may procure the services from another
source and may recover the loss occasioned thereby from any unpaid balance due the selected bidder, or by
any other legal means available to the County.
Regardless of F.O.B. point, vendor agrees to bear all risks of loss, injury or destruction to goods and
materials ordered herein which occur prior to delivery and such loss, injury or destruction shall not release
vendor from any obligation hereunder
ASSIGNMENTS: The ensuing proposed contract will provide that the vendor may not assign any payment
or portions of payments without prior written consent of the County of Fresno.
ASSURANCES: Any contract awarded under this RFQ must be carried out in full compliance with the Civil
Rights Act of 1964, the Americans With Disabilities Act of 1990, their subsequent amendments, and any and
all other laws protecting the rights of individuals and agencies. The County of Fresno has a zero tolerance
for discrimination, implied or expressed, and wants to ensure that policy continues under this RFQ. The
contractor must also guarantee that services, or workmanship, provided will be performed in compliance with
all applicable local, state, or federal laws and regulations pertinent to the types of services, or project, of the
nature required under this RFQ. In addition, the contractor may be required to provide evidence
substantiating that their employees have the necessary skills and training to perform the required services or
work.
OBLIGATIONS OF CONTRACTOR: Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of the ensuing contract that only persons authorized to work in the United
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be
employed in the performance of the work hereunder.
TIE BIDS: With all other factors being equal, the contract shall be awarded to the Fresno County vendor
or, if neither 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 of the RFQ state that
they are applicable, the provisions of the Fresno County Local Vendor Preference shall take priority over
this paragraph.
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DATA SECURITY: Individuals and/or agencies that enter into a contractual relationship with the County for
the purpose of providing services must employ adequate controls and data security measures, both internally
and externally to ensure and protect the confidential information and/or data provided to contractor by the
County, preventing the potential loss, misappropriation or inadvertent access, viewing, use or disclosure of
County data including sensitive or personal client information; abuse of County resources; and/or disruption
to County operations.
Individuals and/or agencies may not connect to or use County networks/systems via personally owned
mobile, wireless or handheld devices unless authorized by County for telecommuting purposes and provide a
secure connection, up to date virus protection and mobile devices must have the remote wipe feature
enabled. Computers or computer peripherals including mobile storage devices may not be used (County or
Contractor device) or brought in for use into the County's system(s)without prior authorization from County's
Chief Information Officer and/or designee(s).
No storage of County's private, confidential or sensitive data on any hard-disk drive, portable storage device
or remote storage installation unless encrypted according to advance encryption standards (AES of 128 bit
or higher).
The County will immediately be notified of any violations, breaches or potential breaches of security related
to County's confidential information, data and/or data processing equipment which stores or processes
County data, internally or externally.
County shall provide oversight to Contractor's 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
notification to affected individuals as required by law or as deemed necessary by County in its sole
discretion. Contractor will be responsible for all costs incurred as a result of providing the required
notification.
AUDITS AND RETENTION: The Contractor shall maintain in good and legible condition all books,
documents, papers, data files and other records related to its performance under this contract. Such records
shall be complete and available to Fresno County, the State of California, the federal government or their
duly authorized representatives for the purpose of audit, examination, or copying during the term of the
contract and for a period of at least three (3) years following the County's final payment under the contract or
until conclusion of any pending matter(e.g., litigation or audit), whichever is later. Such records must be
retained in the manner described above until all pending matters are closed.
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BIDDER TO COMPLETE:
GUARANTEED PICK UP AND/OR DELIVERY: Bidder will be considered in award of bid only if they can
guarantee. Enter guarantee on this line (i.e number of days from receipt of order to delivery):
Banks & Co will guarantee that all testing dates will be scheduled within the time constratianta set forth
by the APCD and Local Environmental Health Departments.
WARRANTY AND SERVICE LOCATION:
State the warranty and/or guarantee provisions applicable to this equipment or attach warranty form with
your bid.
If by some way testing dates are missed or incorrectly scheduled, or tests missed. Banks
& Co. will pay the subsequent fines or penalties assessed. This does not include test failures
that consist of unexpected repairs, delays of repairs made or other non testing reasons.
State specific location, where service and/or maintenance can be obtained. Failure to furnish this
information will be cause for rejection of bid.
Banks & Co has a Service Department that willnot be part of this bid. but can provide repairs.
availability is subject to demand, severity o_f_other calls (Sites down etc) _
ADDITIONAL ITEMS:
The County may require additional items from those in bid schedule.
Price list for additional items:
A [ ] percent discount from manufacturer's enclosed price list will be allowed on purchases of all additional
items.
State name of price list, indicate applicable price column and give effective date of price list here:
Price List is not available
Prices on additional items will be based on successful bidder's firm discount prices from manufacturer's
current published price list. Successful bidder will be required to file any new price list that may become
effective during the life of the contract with the County of Fresno Purchasing Manager within thirty (30) days
of its becoming effective.
State Purchase Order mailing address
MINIMUM ORDER: Bidder to state minimum order quantities and charges for less than minimum order
quantity (if not stated it will be assumed there are none).
No minimum order
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SUBCONTRACTORS:
List all subcontractors that would perform work in excess of one/half of one percent of the total amount of
your bid, and state general type of work such subcontractor would be performing. The primary contractor is
not relieved of any responsibility by virtue of using a subcontractor:
No subcontractors
CONTRACTOR'S LICENSE:
Bidder to possess appropriate licenses for the project in accordance with current regulations/statutes.
The bidder shall possess current State of California contractor's Licenses that cover the work to be
performed. The proposal must indicate the licenses held by the bidder, which enables him/her to perform the
work. The County will review and determine if acceptable.
Number and Class: 383550 Class , C61-D40, Ilaz
Date of Issue:
Number and Class:
Date of Issue:
Number and Class:
Date of Issue:
Number and Class:
Date of Issue:
Number and Class:
Date of Issue:
Bidder must also submit verification of Contractor's Licenses from the Department of Consumer Affairs—
Contractors' State License Board. Failure to submit verification may result in bidder's response being
considered non-responsive.
Public Contract Code Section 7028.15: Where the State of California requires a Contractor's license, it is a
misdemeanor for any person to submit a bid unless specifically exempted.
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INSURANCE REQUIREMENTS
INSURANCE: Without limiting the County's right to obtain indemnification from Contractor or any third
parties, Contractor, at its sole expense, shall maintain in full force and effect, the following insurance policies
or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint
Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two
Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars
($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific
coverage including completed operations, product liability, contractual liability, Explosion-Collapse-
Underground, fire legal liability or any other liability insurance deemed necessary because of the
nature of the contract.
B, Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage
should include any auto used in connection with this Agreement.
C. Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in 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.
This coverage shall be issued on a per claim basis. Contractor agrees that it shall maintain, at its sole
expense, in full force and effect for a period of three years following the termination of this Agreement,
one or more policies of professional liability insurance with limits of coverage as specified herein.
D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the
California Labor Code.
Additional Requirements Relating to Insurance:
Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of
Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only
insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall
apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers,
agents and employees shall be excess only and not contributing with insurance provided under Contractor's
policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days
advance written notice given to County.
Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts
paid by the policy of worker's compensation insurance required by this Agreement. Contractor is solely
responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of
subrogation, but Contractor's waiver of subrogation under this paragraph is effective whether or not
Contractor obtains such an endorsement.
Within thirty (30) days from the date Contractor 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, Fleet Services, 4551 E. Hamilton Ave., Fresno, CA 93702, stating that
such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers,
agents and employees will not be responsible for any premiums on the policies; that such Commercial
General Liability insurance names the County of Fresno, its officers, agents and employees, individually
and collectively, as additional insured, but only insofar as the operations under this Agreement are
concerned; that such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess
only and not contributing with insurance provided under Contractor's policies herein; and that this insurance
shall not be canceled or changed without a minimum of thirty (30) days advance, written notice given to
County.
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In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County
may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence
of such event.
All policies shall be with admitted insurers licensed to do business in the State of California. Insurance
purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or
better.
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BIDDER TO COMPLETE THE FOLLOWING:
PARTICIPATION
The County of Fresno is a member of the Central Valley Purchasing Group. This group consists of
Fresno, Kern, Kings, and Tulare Counties and all governmental, tax supported agencies within these
counties.
Whenever possible, these and other tax supported agencies co-op (piggyback) on contracts put in place
by one of the other agencies.
Any agency choosing to avail itself of this opportunity, will make 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
contract, all the while holding the County of Fresno harmless. If 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.
EdYes, we will extend contract terms and conditions to all qualified agencies within the Central Valley
Purchasing Group and other tax supported agencies.
No, we will not extend contract terms to any agency other than the County of Fresno.
Z �
(Authorized Signature)
Testing Administrator
Title
DIR ACKNOWLEDGEMENT
I acknowledge in accordance with labor Code Sections 1725.5 and 1770-1777.7, that I have registered
with the Department of Industrial Relations (DIR) and all Certified Payroll Records will be uploaded to the
DIR Website. Any additional requirements that materialize from the SB854 legislation will be complied
with. Attached is verification of the DIR registration.
(Authorized Signature)
Testing Administrator
Title
1000017080
DIR Number
GAPUBLICWC)TY 2020-21121-020 FUEL SITE REPAIRS,MAINTENANCE,TESTING AND TANK MONITORING SYSTEMS121-020 FUEL SITE REPAIRS,
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Quotation No. 21-020 Page 17
VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR QUOTATION
Firm:
REFERENCE LIST
Provide a list of at least five (5) customers for whom you have recently provided similar products/
services. If you have held a contract for similar services with the County of Fresno within the past
seven (7) years, list the County as one of your customers. Please list the person most familiar
with your contract. Be sure to include all requested information.
Reference Name: Fast N Esy Corp Contact. Vikram Vorah
Address: PO BOX 28308
City: Fresno State: Ca Zip: 93729
Phone No.: ( 559 981-5709 Date: 2/3/2021
Service Provided. Gas Station Construction,Maintenance and Testing
Reference Name: Tesei Petroleum Contact: Gail Tesi
Address: P.O.Box 1263
City: Madera State: CA Zip: 93639
Phone No.: ( 559 ) 673-3597 Date: 2/3/2021
Service Provided: Gas Station Construction,Maintenance and Testing
Reference Name: Beal Developements Contact: George Beal
Address: 1175 Shaw Ave.#104 Pmb372
City. Clovis State: Ca Zip: 93612
Phone No.: ( 559 ) 322-5998 Date: 2/3/2021
Service Provided: Gas Station Construction,Maintenance and Testing
Reference Name: Johnny Quik Food Stores, Inc Contact: Ernie Beal
Address: 55 Shaw Ave Suite 122
City: Clovis State: Ca Zip: 93612
Phone No.: ( 559 297-6830 Date: 2/3/2021
Service Provided: Gas Station Construction, Maintenance and Testing
Reference Name: Shandal Inc Contact: Jay Bhandal
Address 1418 E. Shaw Ave
City: Fresno State: Ca Zip: 93710
Phone No.: ( 559 ) 917-9608 Date: 2/3/2021
Service Provided: Gas Station Construction,Maintenance and Testing
Failure to provide a list of at least five (5) customers may be cause for rejection of this RFQ.
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Quotation No. 21-020 Page 18
COMPLY/NOT COMPLY
Compliance and understanding of the specification is to be noted by marking "COMPLY" on
the line provided to the right of the specification. Non-compliance is to be indicated by marking
"NOT COMPLY" on the line. A detailed statement explaining why they fail to meet the stated
specification or requirement must accompany all non-compliant items.
Failure to mark this page could result in your quotation being non-responsive.
BIDDER TO COMPLETE THE FOLLOWING: COMPLY/
NOT COMPLY
1. Fuel Site Repair and Maintenance:
The generally accepted time for service completion is twenty-four (24)
hours from the time of notification. Comply
2. Parts:
The bidder shall have a full inventory of routine replacement parts. All
parts required for routine service calls (such as pumps, hoses, nozzles,
filters, dispenser parts, etc.) shall be expected to be in stock and on the
service truck that is dispatched to the repair location.
No additional travel charges shall be billed to the County for routine
parts that are not in the vendor's possession at the time of the original
service call. Comply
3. Parts Pricing:
The bidder shall provide all parts requested for the service. Such parts
must be new and equivalent to original equipment manufacturer in
quality. Bidder shall confirm list price or percent discount on parts under
Group A of the Quotation Schedule. Comply
4. The bidder shall have its standards for commercial weighing and
measuring devices certified in accordance with CCR Title 4, Division 9,
Chapter 4, § 4085. Comply
5. The bidder shall possess all applicable certifications and licenses in
accordance with local, state, and federal law to perform the work
requested in this RFQ. Comply
"Please Note: Failure to comply to all services requested will not automatically disqualify any
Bidder.
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QUOTATION SCHEDULE
Group A— Fuel Site Repairs, Maintenance, and Associated Parts
Company Name: Banks a Co
Bidder shall indicate in the space below their hourly rate for repairs and maintenance. Hourly rate is defined
as that rate of compensation when working at the County Fuel Site by a journey-level technician. The hourly
rate does not include travel time or expenses and will be used to determine all future unidentified service
and maintenance needs.
Rate Category Rate
Hourly Rate
(during normal business hours Monday through Friday, &00 AM—7:00
PM, excluding County holidays) S80,00
After Hours Rate
(7:00 PM —&00 AM, excluding County holidays) $120.00
Holiday Hourly Rate
(the twenty-four(24) hour period beginning at 12:00 AM on the holiday
date(s)) $160.00
Parts
Please indicate a method for determining County's cost for parts that may be needed over the term of the
agreement. The pricing method should be in the form of a markup or discount percentage from a
published price list.
Banks&Co.Markup will prevail
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QUOTATION SCHEDULE (CONTINUED)
Group B —Compliance Testing
The quotation schedule for this Group B section corresponds to Group B —Compliance Testing of the Scope
of Work. Please provide the flat rate pricing for each service category at each location.
APCD UGST SB 989 UST Drop
# LOCATION DESCRIPTION Testing Testing Quote Tube Test
Quote Quote (every 3 (every 3
ears) years
American Avenue Single aboveground tank
1 Disposal Site (9,000-gallon diesel;
18950 W. American Ave 5,000-gallon gasoline) $450.00 N/A N/A N/A
Kerman
Auberry Public Works Single aboveground tank
2 Yard (6,000-gallon diesel;
33148 Auberry Road 9,000-gallon gasoline) $450.00 N/A N/A N/A
Auber
Avocado Lake Park Single aboveground tank
3 3625 N. Piedra Road (500-gallon diesel;
Fresno 1,000-gallon gasoline) $450.00 N/A N/A N/A
Barton Motor Pool Single underground tank
4 500 S Barton Ave (12,000-gallon gasoline) $550.00 $455.00 $1,000.00 $160.00
Fresno
Biola Public Works Single aboveground tank
5 Yard (10,000-gallon diesel,
12856 W. G Street 10,000-gallon gasoline) $450.00 N/A N/A N/A
Biota
Caruthers Public Two underground tanks
6 Works Yard (One (1) 10,000-gallon diesel;
2544 W. Mountain View One (1) 10,000-gallon gasoline) $550.00 $625.00 $1,000.00 $160.00
Caruthers
Clovis Public Works Single aboveground tank
7 Yard (10,000-gallon diesel;
9400 N. Matus 10,000-gallon gasoline) $450.00 N/A N/A N/A
Fresno
Coalinga Public Works Single aboveground tank
8 Yard (10,000-gallon diesel;
740 E. Polk Ave 10,000-gallon gasoline) $450.00 N/A N/A N/A
Coalinga
Courthouse Motor Single underground tank
9 Pool (10,000-gallon gasoline)
1155 M St $450.00 $475.00 $1,000.00 $160.00
Fresno
Del Rey Public Works Single aboveground tank
10 Yard (10,000-gallon diesel;
3633 S Del Rey Ave 5,000-gallon gasoline) $450.00 N/A N/A N/A
Del Re
Dunlap Public Works Single aboveground tank
11 Yard (5,000-gallon diesel;
40315 Dunlap Road 3,000-gallon gasoline) $450.00 N/A N/A N/A
Dunlap
Firebaugh Public Two aboveground tanks
12 Works Yard (One(1) 10,000-gallon diesel;
38835 W. Nees Ave One (1) 10,000-gallon gasoline) $450.00 N/A N/A N/A
Firebau h
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APCD UGST SB 989 UST Drop
LOCATION DESCRIPTION Testing Testing Quote Tube Test
# t
Quote Quote (every 3 (every 3
ears ears
Hamilton - Fleet Two underground tanks
13 complex (One(1) 12,000-gallon diesel;
4551 E. Hamilton Ave One (1) 20,000-gallon gasoline) $550.00 $685.00 $1,000.00 $160.00
Fresno
Kearney Park Single aboveground tank
14 6725 W. Kearney Blvd (3,000-gallon diesel;
Fresno 9,000-gallon gasoline) $450.00 N/A N/A N/A
Sanger Public Works Single aboveground tank
15 Yard (10,000-gallon diesel;
9525 W. Olive Ave 10,000-gallon gasoline) $450.00 N/A N/A N/A
Fresno
Shaver Lake Public Single underground tank
Works Yard (4,000-gallon diesel;
16 7 Dinkey Creek 8,000-gallon gasoline)
Road $450.00 $690.00 $1,000.00 $160.00
Shaver Lake
Tranquillity Public Two underground tanks
17 Works Yard (One (1) 10,000-gallon diesel;
25411 W. Silveria St One (1) 10,000-gallon gasoline) $550.00 $650.00 $1,000.00 $160.00
Tranquillity _
Fulton Mall Health Single underground tank No Testing
18 Department (500-gallon diesel)
1221 Fulton Mall or inspection N/A N/A N/A
Fresno
Sheriff Admin Building Single underground tank
19 2200 Fresno St (20,000-gallon diesel) N/A $370.00 $1,000.00 $160.00
Fresno
Juvenile Justice Single aboveground tank
20 Campus (10,000-gallon unleaded;
3333 E. American Ave 10,000-gallon diesel) $450.00 N/A N/A N/A
Fresno
SUBTOTAL $8,500.00 $3,950.00 $7,000.00 $1,100.00
TOTAL
(for all compliance testing) $129450.00 $8,100.00
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QUOTATION SCHEDULE (CONTINUED)
Group C —California Designated UST Operator; Weekly & Monthly APCD Inspections (as needed)
The quotation schedule for this Group C section corresponds to Group C — California Designated UST
Operator; Weekly & Monthly APCD Inspections of the Scope of Work. Please provide the flat rate pricing
for each service category at each location.
1. Desi nated UST Operator—Monthl
# LOCATION _ DESCRIPTION COST
Hamilton Yard 20,000-gallon unleaded tank-
1 4551 E. Hamilton 12,000-gallon diesel tank $25.00
Fresno, CA
Barton Motor Pool
2 500 S. Barton 12,000-gallon unleaded tank $G5.00
Fresno, CA
Courthouse Motor Pool --
3 1225 M Street 10,000-gallon unleaded tank
Fresno, CA_ $25.00
Shaver Lake Public Works 8,000-gallon unleaded tank-
4 41687 Dinkey Cr. Rd. 4,000-gallon diesel tank $25.00
Shaver Lake
Caruthers Public Works 10,000-gallon unleaded tank;
5 2544 W. Mt. View .005
Caruthers, CA 10,000-gallon diesel tank $2
Tranquillity Public Works 10,000-gallon unleaded tank;
6 25411 W. Silveria 10,000-gallon diesel tank $25.00
Tranquillity, CA
Sheriffs Administration
7 2200 N. Fresno St 12,000-gallon diesel tank $ 125�00
Fresno, CA
TOTAL DESIGNATED
UST OPERATOR— MONTHLY $l 75.00
2. APCD Weekly Inspection Sites
# LOCATION DESCRIPTION COST
Auberry Public Works Yard Single aboveground tank
1 33148 Auberry Road (6,000-gallon diesel; N/A
Auberry 9,000 allongasoline)
Barton Motor Pool Single underground tank
2 500 S. Barton Ave (12,000-gallon gasoline) N/A
Fresno
Caruthers Public Works Yard Two underground tanks
3 2544 W. Mountain View (One(1) 10,000-gallon diesel; N/A
Caruthers One (1) 10,000-gallon
gasoline)
Clovis Public Works Yard Single aboveground tank
4 9400 N. Matus (10,000-gallon diesel, N/A
Fresno 10,000- allongasoline)
Courthouse Motor Pool Single underground tank
5 1155 M St (10,000-gallon gasoline) N/A
Fresno
Firebaugh Public Works Two aboveground tanks
6 Yard (One(1) 10,000-gallon diesel; N/A
38835 W. Nees Ave One (1) 10,000-gallon
Firebaugh _ asoline)
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Hamilton - Fleet complex Two underground tanks
7 4551 E. Hamilton Ave (One (1) 12,000-gallon diesel; N/A
Fresno One (1) 20,000-gallon
gasoline)
Kearney Park Single aboveground tank
8 6725 W. Kearney Blvd (3,000-gallon diesel; N/A
Fresno 9,000-gallon gasoline
Sanger Public Works Yard Single aboveground tank
9 9525 W. Olive Ave (10,000-gallon diesel; N/A
Fresno 10,000-gallon gasoline
Shaver Lake Public Works Single underground tank
10 Yard (4,000-gallon diesel; N/A
41687 Dinkey Creek Road 8,000-gallon gasoline)
Shaver Lake
Tranquillity Public Works Two underground tanks
11 Yard (One (1) 10,000-gallon diesel; N/A
25411 W. Silveria St One (1) 10,000-gallon
Tran p I gasoline)
TOTAL APCD
WEEKLY INSPECTIONS N/A
3. APCD Monthly Inspection Sites
# LOCATION DESCRIPTION COST
American Avenue Disposal Single aboveground tank
1 Site (9,000-gallon diesel,
18950 W.American Ave 5,000-gallon gasoline) N/A
Kerman
Avocado Lake Park Single aboveground tank
2 3625 N. Piedra Road (1,000-gallon diesel; N/A
Fresno 500- allongasoline)
Biola Public Works Yard Single aboveground tank
3 12856 W. G Street (10,000-gallon diesel; N/A
Biola 10,000- allongasoline)
Coalinga Public Works Yard Single aboveground tank
4 740 E. Polk Ave (10,000-gallon diesel, N/A
Coalinga 10,000 alIongasoline)
Del Rey Public Works Yard Single aboveground tank
5 3633 S. Del Rey Ave (10,000-gallon diesel; N/A
Del Rey 5,000- allon gasoline)
Dunlap Public Works Yard Single aboveground tank
6 40315 Dunlap Road (5,000-gallon diesel; N/A
Dunlap I 3,000 allongasoline)
TOTAL APCD
MONTHLY INSPECTIONS N/A
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Quotation No. 21-020 Page 24
CHECK LIST
This Checklist is provided to assist the vendors in the preparation of their bid response. Included in this list,
are important requirements and is the responsibility of the bidder to submit with the bid package in order to
make the bid compliant. Because this checklist is just a guideline, the bidder must read and comply with
the bid in its entirety.
Check off each of the following:
1. X The Request for Quotation (RFQ) has been signed and completed.
2. Addenda, if any, have been signed and included in the bid package.
3. X The completed Reference List as provided with this RFQ.
4. X The Quotation Schedule as provided with this RFQ has been completed, price reviewed for
accuracy and any corrections initialed.
5. X Indicate all of bidder exceptions to the County's requirements, conditions and specifications
as stated within this RFQ.
6. X The Participation page as provided within this RFQ has been signed and included
7. X Bidder to Complete page as provided with this RFQ.
8. X Verification of Department of Industrial Relations Contractor Registration.
9. X Verification of Contractor's License and the Department of Consumer Affairs—Contractors'
State License Board
10. X Return checklist with RFQ response.
11. X Completed RFQ in pdf format, electronically submitted to the Bid Page on Public
Purchase.
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