Loading...
HomeMy WebLinkAboutAgreement A-17-054 with AAA Quality Service.pdf 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 AGREEMENT FOR PORTABLE TOILET RENTAL AND SERVICE THIS AGREEMENT (“Agreement”) is made and entered into this ____ day of _______, 2017 (“Effective Date”) by and between the COUNTY OF FRESNO, a political subdivision of the State of California, hereinafter called "COUNTY", and AAA Quality Services, Inc., a California corporation, located at 321 E. Noble Avenue, Farmersville, California, 93223-2503, hereinafter called "CONTRACTOR". WITNESSETH: WHEREAS, the COUNTY has a need to contract with a vendor to provide portable chemical toilet rental and portable chemical toilet maintenance services; and COUNTY issued Request for Quotation No. 17-017 to solicit proposals from qualified vendors to provide portable chemical toilet rental and portable chemical toilet maintenance services in accordance with specific terms, conditions and requirements; and WHEREAS, the CONTRACTOR is qualified and willing to provide the COUNTY the services required; NOW, THEREFORE, the parties hereto have and by these presents do agree as follows: I. RENTAL AND SERVICE OF CHEMICAL TOILETS AND WASH STATIONS A. CONTRACTOR shall provide rental of portable chemical toilets and wash stations and provide service in accordance with the specifications, requirements, terms, conditions, etc., as set forth in COUNTY’s Request for Quotation No. 17-017 and all addendums thereto (collectively, the “RFQ”) and CONTRACTOR’s quotation submitted in response to the RFQ (“Response”). True and correct copies of the RFQ and CONTRACTOR’s Response are attached hereto collectively as Attachment “A” and incorporated herein by this reference. The originals of such documents shall be maintained by County’s Purchasing Division at 4525 East Hamilton Avenue, Fresno, California. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. In addition to providing the availability and servicing of rented portable chemical toilets and wash stations under the immediately preceding Section I.A., CONTRACTOR shall provide service of COUNTY owned portable chemical toilets and wash stations located at the American Avenue Disposal Site in accordance with the specifications, requirements, terms and conditions set forth more thoroughly in COUNTY’s RFQ and CONTRACTOR’s Response, Attachment “A” hereto. II. PARTICIPATING DEPARTMENTS: The County departments authorized to participate in this Agreement are Public Works and Planning, Sheriff-Coroner Office and the Department of Social Services. No other County department is authorized to rent portable chemical toilets and wash stations under this Agreement. III. ORDERING: COUNTY shall place rental orders with CONTRACTOR as portable chemical toilets and wash stations are needed by the COUNTY. Orders shall be placed by designated representatives from the participating departments. The CONTRACTOR and the COUNTY shall agree upon which personnel are authorized to place orders against this Agreement. A list of such County personnel shall be maintained and kept current by both the CONTRACTOR and the COUNTY for the term of this Agreement. IV. INVOICING: CONTRACTOR shall submit monthly invoices in arrears to the applicable County department as identified in Article V below. Each invoice shall reference this Agreement by number and include any other identifying information as requested by the COUNTY. Payment shall be made within 45 days of receipt of an approved invoice. V. COMPENSATION: COUNTY shall compensate CONTRACTOR in accordance with the rates and terms set forth in CONTRACTOR’s Response. In no event shall services provided under this Agreement exceed the following amounts during the potential maximum five year term: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Department Maximum Annual Five Year Term Public Works and Planning 2220 Tulare Street, 6th Floor Fresno, CA 93721 Construction Division Attention: Robert Palacios $1,000 $5,000 Parks Division Attention: David Chavez $10,000 $50,000 Resources Division Attention: Craig Nickel $20,000 $100,000 Road Maintenance Division Attention: Jim Hodge $6,000 $30,000 Department of Social Services P.O. Box 24055 Fresno, CA 93779 Attention: Kent Luckin $8,000 $40,000 Sheriff-Coroner Office 2200 Fresno Street Fresno, CA 93721 Attention: Baldomero Berber $2,000 $10,000 VI. TERM: The term of this Agreement shall be for a period of three (3) years, commencing on the Effective Date. 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. VII. TERMINATION: A. The terms of this Agreement, and the services to be provided thereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated, at any time by giving the CONTRACTOR thirty (30) days advance written notice. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. The COUNTY may immediately suspend or terminate this Agreement in whole or in part, where in the determination of the COUNTY there is: 1. An illegal or improper use of funds; or 2. A failure to comply with any term of this Agreement; or 3. A substantially incorrect or incomplete report submitted to the COUNTY; or 4. Improperly performed service. C. In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach of this Agreement or any default which may then exist on the part of the CONTRACTOR, nor shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any funds disbursed to the CONTRACTOR under this Agreement, which, in the judgment of the COUNTY were not expended in accordance with the terms of this Agreement. The CONTRACTOR shall promptly refund any such funds upon demand. VIII. INDEPENDENT CONTRACTOR: A. 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 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 subject thereof. B. 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. IX. MODIFICATION: Any matters of this Agreement may be modified from time to time by the written consent of all parties without, in any way, affecting the remainder. X. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without prior written consent of the other party. XI. HOLD HARMLESS: CONTRACTOR shall hold harmless and indemnify COUNTY, its officers, agents, and employees, against the payment of any and all costs and expenses (including reasonable attorney fees and court costs), damages, claims, suits, losses, and liability for bodily and personal injury to or death of any person or for loss of any property resulting from or arising out of any wrongful acts, errors or omissions of CONTRACTOR, its officers, agents, and employees, in performing or failing to perform any work, services, or functions under this Agreement. XII. INSURANCE: A. Prior to commencing the duties under the Agreement with the COUNTY, the CONTRACTOR shall furnish the COUNTY, at no additional cost to the COUNTY, certificates for the following insurance policies which shall be kept in force during the 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 term of the Agreement (i.e., until the Agreement is terminated or it expires), and for such additional time as may be specified herein with respect to a particular type of policy. 1. Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. The COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. 2. Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this Agreement. 3. A policy of Worker's Compensation insurance as may be required by the California Labor Code. CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the COUNTY of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to COUNTY. Within thirty (30) days from the date CONTRACTOR executes this Agreement, CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all of the foregoing policies, as required herein, to the COUNTY of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fresno: Resources Division Attn: Landfill Operations Manager COUNTY of Fresno Department of Public Works and Planning 2220 Tulare Street, Sixth Floor Fresno, CA 93721-2106 The certificates of insurance and endorsements shall clearly indicate the Agreement number and shall state that such insurance coverage has been obtained and is 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 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. XIII. AUDITS, ACCOUNTING AND INSPECTIONS ACCESS: A. The CONTRACTOR shall at any time during regular business hours, and as often as the COUNTY may deem necessary, make available to the COUNTY’s Auditor-Controller/Treasurer-Tax Collector, or their authorized representatives for 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 examination all of its records and data with respect to matters covered by this Agreement. The CONTRACTOR shall permit the COUNTY to audit and inspect all invoices, materials, payrolls, records of personnel, conditions of employment, and other data relating to matters covered by this Agreement. B. The CONTRACTOR shall be subject to the examination and audit of the Auditor General for a period of three (3) years after final payment under Agreement (Government Code Section 8546.7) XIV. NOTICES: The persons and their addresses having authority to give and receive notices under this Agreement include the following: COUNTY CONTRACTOR Landfill Operations Manager AAA Quality Services, Inc. Resources Division Chris Rottigni – Assistant Manager 2220 Tulare Street, 6th Floor P.O. Box 535 Fresno, CA 93721 Farmersville, CA 93223 All notices between the COUNTY and CONTRACTOR provided for or permitted under this Agreement must be in writing and delivered either by personal service, by first-class United States mail, by 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 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Government Code, beginning with section 810). XV. VENUE AND GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall only be in Fresno County, California. The rights and obligations of the parties and all interpretation and performance of this Agreement shall be governed in all respects by the laws of the State of California. XVI. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the COUNTY and the CONTRACTOR with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature whatsoever unless expressly included in this Agreement. XVII. DISCLOSURE OF SELF-DEALING TRANSACTIONS: This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit or non-profit corporation) or if during the term of this Agreement, the CONTRACTOR changes its status to operate as a corporation. Members of the CONTRACTOR’s Board of Directors shall disclose any self-dealing transactions that they are a party to while CONTRACTOR is providing goods or performing services under this Agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form (Attachment “B” hereto), and submitting it to COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. /// /// 9 IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth above. CONTRACTOR AAA QUALITY SERVICES, INC. 321 E. NOBLE AVENUE :rr::~03 ~ilia R. Pence Title: Chief Financial Officer REVIEWED AND REC APPROVAL By:~---=-:-:-~~+-~---­ Steven E. White, rector Department of Public Works and Planning APPROVED AS TO LEG Daniel C. ederborg County. ~nsel (~ APPROVED AS TO ACCOUNTING FORM Oscar J. Garcia, CPA Auditor-Controller/Treasurer-Tax Collector By: ~ {:~- Deputy .:s. FOR ACCOUNTING USE ONLY Fund: 0001 0010 7001 0001 0700 Subclass: 10000 11000 00001 10000 15000 Org. No.: 3111 4510 5610 7910 9026 Account: 7295 7295 7295 7 430 7295 COUNTY OF FRESNO Brian Pacheco, Chairman Board of Supervisors ATTEST: Bernice E. Seidel, Clerk Board of Supervisors By:~~ . Deputy 10 G:\Public\RFQ\FY 2016-17\17-017 Portable Toilet Rental and Service\17-017 Portable Toilet Rental and Service.doc PD-010 (11/2015) COUNTY OF FRESNO REQUEST FOR QUOTATION NUMBER: 17-017 PORTABLE TOILET RENTAL AND SERVICE Issue Date: September 16, 2016 Closing Date: OCTOBER 12, 2016 Quotation will be considered LATE when the official Purchasing time clock reads 2:01 P.M. Questions must be submitted on the Bid Page at Public Purchase or contact Shannon W. Kirby at (559) 600-7110. Check County of Fresno Purchasing’s website at https://www2.co.fresno.ca.us/0440/Bids/BidsHome.aspx for any future addenda. Please submit all Quotations to: County of Fresno – Purchasing 4525 E. Hamilton Avenue, 2nd Floor Fresno, CA 93702-4599 BIDDER TO COMPLETE Undersigned agrees to furnish the commodity or service stipulated in the attached response at the prices and terms stated, subject to the attached “County of Fresno Purchasing Standard Instructions And Conditions For Requests For Proposals (RFP’s) And Requests For Quotations (RFQ’s)”. Except as noted on individual items, the following will apply to all items in the Quotation Schedule: • A cash discount of % days will apply. COMPANY ADDRESS CITY STATE ZIP CODE ( ) ( ) TELEPHONE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS SIGNATURE (IN BLUE INK) PRINT NAME TITLE Purchasing Use: SWK:hrs ORG/Requisition: 9026, 4510, 7910, 31112413, 56107001 / 9261700050, 5101700087, 9101700030, 9261700067, 5101700097, 3111707130, 5611700188 Attachment "A" Quotation No. 17-017 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC 1A CCOOUUNNTTYY OOFF FFRREESSNNOO PPUURRCCHHAASSIINNGG STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUESTS FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S) Note: the reference to “bids” in the following paragraphs applies to RFP's and RFQ's GENERAL CONDITIONS By submitting a bid the bidder agrees to the following conditions. These conditions will apply to all subsequent purchases based on this bid. 1. BID PREPARATION: A) All prices and notations must be typed or written in ink. No erasures permitted. Errors may be crossed out, initialed and corrections printed in ink by person signing bid. B) Brand Names: Brand names and numbers when given are for reference. Equal items will be considered, provided the offer clearly describes the article and how it differs from that specified. In the absence of such information it shall be understood the offering is exactly as specified. C) State brand or make of each item. If bidding on other than specified, state make, model and brand being bid and attach supporting literature/specifications to the bid. D) Bid on each item separately. Prices should be stated in units specified herein. All applicable charges must be quoted; charges on invoice not quoted herein will be disallowed. E) Time of delivery is a part of the consideration and must be stated in definite terms and must be adhered to. F.O.B. Point shall be destination or freight charges must be stated. F) All bids must be dated and signed with the firm’s name and by an authorized officer or employee. G) Unless otherwise noted, prices shall be firm for one hundred eighty (180) days after closing date of bid. 2. SUBMITTING BIDS: A) Each bid must be submitted on forms provided in a sealed envelope/package with bid number and closing date and time on the outside of the envelope/package. B) Interpretation: Should any discrepancies or omissions be found in the bid specifications or doubt as to their meaning, the bidder shall notify the Analyst in writing at once. The County shall not be held responsible for verbal interpretations. Questions regarding the bid must be received by Purchasing stated within this document. All addenda issued shall be in writing, duly issued by Purchasing and incorporated into the contract. C) ISSUING AGENT/AUTHORIZED CONTACT: This RFP/RFQ has been issued by County of Fresno, Purchasing. Purchasing shall be the vendor’s sole point of contact with regard to the RFP/RFQ, its content, and all issues concerning it. All communication regarding this RFP/RFQ shall be directed to an authorized representative of County Purchasing. The specific analyst managing this RFP/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 RFP/RFQ. Contact with any other County representative, including elected officials, for the purpose of discussing this RFP/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 RFP/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. D) Bids received after the closing time will NOT be considered. E) Bidders are to bid what is specified or requested first. If unable to or unwilling to, bidder may bid alternative or option, indicating all advantages, disadvantages and their associated cost. F) 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. 3. FAILURE TO BID: A) If not bidding, return bid sheet and state reason for no bid or your name may be removed from mailing list. 4. TAXES, CHARGES AND EXTRAS: A) County of Fresno is subject to California sales and/or use tax (8.225%). Please indicate as a separate line item if applicable. B) DO NOT include Federal Excise Tax. County is exempt under Registration No. 94-73-03401-K. C) County is exempt from Federal Transportation Tax. Exemption certificate is not required where shipping papers show consignee as County of Fresno. D) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid. Quotation No. 17-017 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC 1B 5. W-9 – REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION & CALIFORNIA FORM 590 WITHHOLDING EXEMPTION CERTIFICATE: Upon award of bid, the vendor shall submit to County Purchasing, a completed IRS Form W-9 - Request for Taxpayer Identification Number and Certification and a California Form 590 Withholding Exemption Certificate if not currently a County of Fresno approved vendor. 6. AWARDS: A) Award(s) will be made to the most responsive responsible bidder; however, the Fresno County Local Vendor Preference and/or the Disabled Veteran Business Enterprise Preference shall take precedence when applicable. Said Preferences apply only to Request for Quotations for materials, equipment and/or supplies only (no services); the preference do not apply to Request for Proposals. RFQ evaluations will include such things as life-cycle cost, availability, delivery costs and whose product and/or service is deemed to be in the best interest of the County. The County shall be the sole judge in making such determination. B) Unless bidder gives notice of all-or-none award in bid, County may accept any item, group of items or on the basis of total bid. C) The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. D) Award Notices are tentative: Acceptance of an offer made in response to this RFP/RFQ shall occur only upon execution of an agreement by both parties or issuance of a valid written Purchase Order by Fresno County Purchasing. E) After award, all bids shall be open to public inspection. The County assumes no responsibility for the confidentiality of information offered in a bid. 7. TIE BIDS: All other factors being equal, the contract shall be awarded to the Fresno County vendor or, if neither or both are Fresno County vendors, it may be awarded by the flip of a coin in the presence of witnesses 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. 8. PATENT INDEMNITY: The vendor shall hold the County, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or un-copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with this bid. 9. SAMPLES: 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. 10. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: A) In case of default by vendor, the County may procure the articles or service from another source and may recover the cost difference and related expenses occasioned thereby from any unpaid balance due the vendor or by proceeding against performance bond of the vendor, if any, or by suit against the vendor. The prices paid by the County shall be considered the prevailing market price at the time such purchase is made. B) Articles or services, which upon delivery inspection do not meet specifications, will be rejected and the vendor will be considered in default. Vendor shall reimburse County for expenses related to delivery of non-specified goods or services. C) 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. 11. DISCOUNTS: Terms of less than fifteen (15) days for cash payment will be considered as net in evaluating this bid. A discount for payment within fifteen (15) days or more will be considered in determining the award of bid. Discount period will commence either the later of delivery or receipt of invoice by the County. Standard terms are Net forty-five (45) days. 12. SPECIAL CONDITIONS IN BID SCHEDULE SUPERSEDE GENERAL CONDITIONS: The “General Conditions” provisions of this RFP/RFQ shall be superseded if in conflict with any other section of this bid, to the extent of any such conflict. 13. SPECIAL REQUIREMENT: With the invoice or within twenty-five (25) days of delivery, the seller must provide to the County a Material 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.) 14. RECYCLED PRODUCTS/MATERIALS: Vendors are encouraged to provide and quote (with documentation) recycled or recyclable products/materials which meet stated specifications. 15. YEAR COMPLIANCE WARRANTY: Vendor warrants that any product furnished pursuant to this Agreement/order shall support a four-digit year format and be able to accurately process date and time data from, into and between the twentieth and twenty-first centuries, as well as leap year calculations. "Product" shall include, without limitation, any piece or component of equipment, hardware, firmware, middleware, custom or commercial software, or internal components or subroutines therein. This warranty shall survive termination or expiration of this Agreement. In the event of any decrease in product functionality or accuracy related to time and/or date data related codes and/or internal subroutines that impede the product from operating correctly using dates beyond December 31, 1999, vendor shall restore or repair the product to the same level of functionality as warranted herein, so as to minimize interruption to County's ongoing business process, time being of the essence. In the event that such warranty compliance requires the acquisition of additional programs, the expense for any such associated or additional acquisitions, which may be required, including, without limitation, data conversion tools, shall be borne exclusively by vendor. Nothing in this warranty shall be construed to limit any rights or remedies the County may otherwise have under this Agreement with respect to defects other than year performance. 16. PARTICIPATION: Bidder may agree to extend the terms of the resulting contract to other political subdivision, municipalities and tax-supported agencies. Quotation No. 17-017 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC 1C Such participating Governmental bodies shall make purchases in their own name, make payment directly to bidder, and be liable directly to the bidder, holding the County of Fresno harmless. 17. CONFIDENTIALITY: All services performed by vendor shall be in strict conformance with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality, including but not limited to, California Civil Code, California Welfare and Institutions Code, Health and Safety Code, California Code of Regulations, Code of Federal Regulations. Vendor shall submit to County’s monitoring of said compliance. Vendor may be a business associate of County, as that term is defined in the “Privacy Rule” enacted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). As a HIPAA Business Associate, vendor may use or disclose protected health information (“PHI”) to perform functions, activities or services for or on behalf of County as specified by the County, provided that such use or disclosure shall not violate HIPAA and its implementing regulations. The uses and disclosures if PHI may not be more expansive than those applicable to County, as the “Covered Entity” under HIPAA’s Privacy Rule, except as authorized for management, administrative or legal responsibilities of the Business Associate. Vendor shall not use or further disclose PHI other than as permitted or required by the County, or as required by law without written notice to the County. Vendor shall ensure that any agent, including any subcontractor, to which vendor provides PHI received from, or created or received by the vendor on behalf of County, shall comply with the same restrictions and conditions with respect to such information. 18. 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 RFP/RFQ. Appeals should be submitted to County of Fresno Purchasing, 4525 E. Hamilton Avenue, Fresno, California 93702-4599 and in Word format to gcornuelle@co.fresno.ca.us. Appeals should address only areas regarding RFP/RFQ contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFP/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 protesting bidder is not satisfied with the decision of Purchasing, he/she shall have the right to appeal to the CAO within seven (7) working days after Purchasing’s notification. If the protesting bidder is not satisfied with CAO’s decision, the final appeal is with the Board of Supervisors. Please contact Purchasing if the appeal is going to the Board. 19. OBLIGATIONS OF CONTRACTOR: A) CONTRACTOR shall perform as required by the ensuing contract. CONTRACTOR also 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. B) CONTRACTOR shall obey all Federal, State, local and special district laws, ordinances and regulations. 20. AUDITS & 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. 21. DISCLOSURE – CRIMINAL HISTORY & CIVIL ACTIONS: Applies to Request for Proposal (RFP); does not apply to Request for Quotation (RFQ) unless specifically stated elsewhere in the RFQ document. In their proposal, the bidder is required to disclose if any of the following conditions apply to them, their owners, officers, corporate managers and partners (hereinafter collectively referred to as “Bidder”): • Within the three-year period preceding the proposal, they have been convicted of, or had a civil judgment rendered against them for: o fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; o violation of a federal or state antitrust statute; o embezzlement, theft, forgery, bribery, falsification, or destruction of records; or o false statements or receipt of stolen property Within a three-year period preceding their proposal, they have had a public transaction (federal, state, or local) terminated for cause or default. 22. 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). Quotation No. 17-017 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC 1D 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. 23. PURCHASING LOCATION & HOURS: Fresno County Purchasing is located at 4525 E. Hamilton Avenue (second floor), Fresno, CA 93702. Non-holiday hours of operation are Monday through Friday, 8:00 A.M. to 12:00 Noon and 1:00 P.M. to 5:00 P.M. PST; Purchasing is closed daily from 12:00 Noon to 1:00 P.M. The following holiday office closure schedule is observed: January 1* New Year's Day Third Monday in January Martin Luther King, Jr.’s Birthday Third Monday in February Washington - Lincoln Day March 31* Cesar Chavez’ Birthday Last Monday in May Memorial Day July 4* Independence Day First Monday in September Labor Day November 11* Veteran's Day Fourth Thursday in November Thanksgiving Day Friday following Thanksgiving December 25* Christmas * When this date falls on a Saturday, the holiday is observed the preceding Friday. If the date falls on a Sunday, the holiday is observed the following Monday. 24. FRESNO COUNTY BOARD OF SUPERVISORS ADMINISTRATIVE POLICIES: ADMINISTRATIVE POLICY NUMBER 5 Contract Salary Limitation Fresno County Administrative Policy No. 5 provides that in contracts with non- profit organizations that primarily serve Fresno County and professional service contracts where Fresno County is the sole client, the contractors must agree to the following contract language: “The contractor agrees to limit administrative cost to a maximum of 15% of the total program budget and to limit employee benefits to a maximum of 20% of total salaries for those employees working under this agreement during the term of the agreement. Failure to conform to this provision will be grounds for contract termination at the option of the County of Fresno.” Any bidder that wishes an exemption from this contract requirements must set forth the request for exemption, as well as a complete explanation of why the exemption should be granted, in the bidder’s response to the RFP. Only the Board of Supervisors can approve such exemption. Policy Statement: Contractors shall be limited to a maximum 15% administrative cost as compared to the total program budget and employee benefits shall be limited to a maximum of 20% of salaries. The following language will be included in each applicable contract: "The contractor agrees to limit administrative cost to a maximum of 15% of the total program budget and to limit employee benefits to a maximum of 20% of total salaries for those employees working under this agreement during the term of this agreement. Failure to conform to this provision will be grounds for contract termination at the option of the County of Fresno." The above provision shall be applied to renewal or multi-year contracts with non-profit organizations which primarily serve Fresno County and professional services contracts where Fresno County is the sole client, such as: • Community based organization service contracts related to social services, health services, or probation services. • Cultural art program contracts. • Professional services contracts. This policy will not apply to contracts between the County and the Federal or State governments; or one-time contracts. The Board of Supervisors will consider exemptions to this policy only upon the recommendation of the County Administrative Office. Management Responsibility: It shall be the responsibility of any County official authorized by the Board of Supervisors to execute contracts or enter into agreements on behalf of the County to review all applicable contracts to insure that this policy is fully enforced. It shall be the responsibility of the County Administrative Officer to review requests for exemptions to this policy and to make recommendations to the Board of Supervisors on such requests for exemption. ADMINISTRATIVE POLICY NUMBER 34 Competitive Bids and Requests for Proposals Fresno County Administrative Policy No. 34 provides that no person, firm or subsidiary thereof who has been awarded a consulting services contract by the County, may submit a bid for, or be awarded a contract for, the provision of services, procurement of goods or supplies, or any other related action which is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract. Any bidder that wishes an exemption from this contract limitation must set forth the request for exemption, as well as a complete explanation of why the exemption should be granted, in the bidder’s response to the RFP. Only the Board of Supervisors, on a four-fifths (4/5) vote finding that such waiver is in the best interests of the County, can waive this policy. Definitions: Purchasing Authority and Responsibility – In accordance with the State of California Government Code Section 25500 et seq., and the Fresno County Ordinance Code Chapter 2.56, the Board of Supervisors has established a County CAO. The Board has designated the County Administrative Officer as the CAO. Unless otherwise restricted, all necessary authority and responsibility has been delegated to the CAO to satisfy the acquisition requirements of the County. The CAO may defer day-to-day acquisition management to the Purchasing Manager as appropriate. Policy Statement: Competitive bids or requests for proposals shall be secured for all contracts for goods or services which are proposed to be acquired by the County except when in unusual or extraordinary circumstances, a department head, requests an exception to competitive bidding. All such requests must be documented by the department head Quotation No. 17-017 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC 1E including a detailed description of the facts justifying the exception. The request must receive concurrence of the procurement authority who will sign that particular contract i.e. the Board of Supervisors or CAO/Purchasing Manager. The following circumstances are examples which constitute “Suspension of Competition”: • In an emergency when goods or services are immediately necessary for the preservation of the public health, welfare, or safety, or for the protection of County property. • When the contract is with a federal, state, or local governmental agency. • When the department head, with the concurrence of the CAO, finds that the cost of preparing and administering a competitive bidding process in a particular case will equal or exceed the estimated contract amount or $1,000 whichever is more. • When a contract provides only for payment of per diem and travel expenses and there is to be no payment for services rendered. • When obtaining the services of expert witnesses for litigation or special counsel to assist the County. • When in unusual or extraordinary circumstances, the Board of Supervisors or the CAO/Purchasing Manager determines that the best interests of the County would be served by not securing competitive bids or issuing a request for proposal. Contracts for services should not usually cover a period of more than one year although a longer period may be approved in unusual circumstances. Multiple year contracts must include provisions for early termination and must be contingent on available funding. Unless exempted as provided for above, no contract for service shall extend, either by original contract or by extension, beyond three years unless competitive bids have been sought or a Request for Proposal has been processed. During any competitive bidding procedure, all bids shall be opened publicly and the dollar amount of each bid shall be read aloud. Under no circumstance shall a bid which is received at the designated place of opening after the closing time be opened or considered. Contracts for goods or services shall not be effective until approved by the Board of Supervisors or, if appropriate, the CAO/Purchasing Manager. Contractors and vendors shall be advised by the responsible department head that performance under the contract may not commence prior to such approval. Medical Professional Contracts The competitive recruitment process, annual performance evaluation, and periodic salary surveys are equivalent to competitive bids for independent physicians contracting with the County on a fee for service basis. A salary survey for physician services shall be conducted every two years. Contracts for physician services shall not extend, either by original contract or by extension, beyond five years unless competitive bids have been sought or unless exempted as provided above. Contracts for Legal Services The competitive recruitment process, annual performance evaluation, and periodic salary surveys are equivalent to competitive bids for independent law firms and attorneys contracting with the County on a fee for service basis. A salary survey for legal services shall be conducted every two years. The selection of and contracting with firms to provide legal services shall be coordinated through the County Counsel's Office. The County Counsel shall assist in securing a law firm with the requisite legal expertise and price structure that would provide the best service to the County. County Counsel shall be involved throughout the process of selecting a firm, developing a contract, and monitoring the billing and services provided throughout the contract period. Prohibited Bids Concerning End Product of Consulting Contracts No person, firm, or subsidiary thereof who has been awarded a consulting services contract by the County, shall be awarded a contract for the provision of services, procurement of goods or supplies, or any other related action which is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract. This policy may be waived by the Board of Supervisors on a four-fifths (4/5) vote finding that such waiver is in the best interests of the County. Management Responsibility: The County Administrative Officer is responsible for preparing and issuing written procedures to assure compliance with this policy by all County officials and departments. ADMINISTRATIVE POLICY NUMBER 71 Prohibiting the Use of Public Funds for Political Advocacy Fresno County Administrative Policy No. 71 provides that no County assets, including money, shall be used for political campaigns of any type. Political campaigns are defined as political advocacy for or opposition to a matter or person that has qualified for the ballot. No contract entered into by the County shall provide for use of County monies for political campaigns. Policy Statement: Government assets, including money, grant funds, paid staff time, equipment and supplies, facilities or any other government asset shall not be used for political campaigns of any type. Political campaigns are defined as political advocacy for or opposition to a matter or person that has qualified for the ballot. Management Responsibility: Department Heads shall be held responsible for ensuring that government assets within their control are not used to advocate for or against any matter or person that has qualified for the ballot. This section does not prohibit the expenditure of government assets to create and provide informational or educational materials regarding a matter that has qualified for the ballot. Such information or educational materials shall provide a fair, accurate and impartial presentation of relevant information relating to the matter that has qualified for the ballot. However, government assets shall not be expended to create and provide such informational or educational materials in the 90 days prior to the election unless specifically authorized by the Board of Supervisors or required by the Public Records Act or other law. Quotation No. 17-017 Page 2 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC TABLE OF CONTENTS PAGE KEY DATES .................................................................................................................... 3 BIDDING INSTRUCTIONS ............................................................................................. 4 PARTICIPATION ........................................................................................................... 10 REFERENCE LIST ........................................................................................................ 11 SPECIFICATIONS ........................................................................................................ 12 CHEMICAL TOILET RENTAL ....................................................................................... 12 CHEMICAL TOILET RENTAL USAGE ROAD MAINTENANCE ................................... 13 SPECIFICATIONS DISPOSAL SITES .......................................................................... 14 QUOTATION SCHEDULE CHEMICAL TOILETS RENTAL ......................................... 15 QUOTATION SCHEDULE SERVICE ONLY- SITE OWNED UNITS ........................... 16 CHECK LIST ................................................................................................................. 17 Quotation No. 17-017 Page 3 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC KEY DATES RFQ Issue Date: September 16, 2016 Deadline for Written Requests for Interpretations or Corrections of RFQ: September 23, 2016 at 10:00 A.M. Questions must be submitted on the Bid Page at Public Purchase. RFQ Closing Date: October 12, 2016 at 2:00 P.M. County of Fresno Purchasing 4525 E. Hamilton Avenue, 2nd Floor Fresno, CA 93702 Quotation No. 17-017 Page 4 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC BIDDING INSTRUCTIONS The County of Fresno is soliciting bids to provide all labor, materials equipment, permits, fees, taxes and insurance etc., to provide chemical toilet rental and maintenance service on an as-needed basis as specified in this Request for Quotation. 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). ISSUING AGENT: 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. 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 September 23, 2016, 10:00 A.M., cut-off. Questions must be submitted on the Bid Page at Public Purchase or contact Shannon W. Kirby at (559) 600- 7116. 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. 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. AUTHORIZED CONTACT: All communication regarding this RFQ shall be directed to an authorized representative of County Purchasing. The specific analyst 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, it 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. NUMBER OF COPIES: Submit one (1) original and three (3) copies of your quotation no later than the quotation closing date and time as stated on the front of this document to County of Fresno Purchasing. Quotation No. 17-017 Page 5 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC Each copy to be identical to the original, include all supporting documentation (e.g. literature, brochures, reports, schedules etc.). The cover page of each quotation is to be appropriately marked “Original” or “Copy”. FIRM QUOTATION: All quotations shall remain firm for at least one hundred eighty (180) days. TAXES: The quoted amount must include all applicable taxes. If taxes are not specifically identified in the quotation it will be assumed that they are included in the total quoted. SALES TAX: Fresno County pays California State Sales Tax in the amount of 8.225% 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. 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. QUOTATION REJECTION: Failure to respond to all questions or not to supply the requested information could result in rejection of your quotation. 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 a maximum 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. 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. EXCEPTIONS: Identify with explanation, any terms, conditions, specifications or stipulations of the RFQ with which you CAN NOT or WILL NOT comply. 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. SUBCONTRACTORS: If a subcontractor is proposed, complete identification of the subcontractor and his tasks shall be provided. The primary contractor is not relieved of any responsibility by virtue of using a subcontractor. Quotation No. 17-017 Page 6 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC 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 in duplicate to the ordering department. Each invoice shall reference the purchase order or contract no. The contractor shall obtain the “invoice to” address when receiving the order. PAYM ENT: County will make partial payments for all purchases made under the contract/purchase order and accumulated during the month. CONTRACT TERM: It is County’s intent to contract with the successful bidder for a term of three (3) years. 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 the various County Departments. TERMINATION: The County reserves the right to terminate any resulting contract upon written notice. 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. Quotation No. 17-017 Page 7 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC 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, damages, liabilities, claims and losses occurring or resulting to County in connection with the performance, or failure to perform, by Contractor, its officers, agents or employees under this Agreement and from any and all costs and expenses, damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents or employees under this Agreement. 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. 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. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this Agreement. C. Professional Liability: If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to COUNTY. Within thirty (30) days from the date CONTRACTOR executes this Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Public Works & Planning, Attn: John R. Thompson, 2220 Tulare, Ste 600, Quotation No. 17-017 Page 8 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC Fresno, CA 93721, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. EPAYMENT OPTION: The County of Fresno provides an Epay Program which involves payment of invoices by a secure Visa account number assigned to the supplier after award of contract. Notification of payments and required invoice information are issued to the supplier's designated Accounts Receivable contact by e- mail remittance advice at time of payment. To learn more about the benefits of an Epay Program, how it works, and obtain answers to frequently asked questions, click or copy and paste the following URL into your browser: www.bankofamerica.com/epayablesvendors or call Fresno County Accounts Payable, 559-600- 3609. Quotation No. 17-017 Page 9 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC BIDDER TO COMPLETE: Name of Insurance Carrier: Commercial General Liability: Expires: Automotive Insurance: Expires: Worker's Compensation: Expires: Proof of maintenance of adequate insurance will be required before award is made to vendor. 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): By: (Authorized Signature in Blue Ink) 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. 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. 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 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. Quotation No. 17-017 Page 10 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC 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. Yes, 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. (Authorized Signature in Blue Ink) Title Quotation No. 17-017 Page 11 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC 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. Be sure to include all requested information. Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Failure to provide a list of at least five (5) customers may be cause for rejection of this RFQ. Quotation No. 17-017 Page 12 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC SPECIFICATIONS The following pages state the specifications for the services covered under this Request for Quotation No exceptions to or deviations from the specifications 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 services exactly as specified herein. The burden of proof of compliance with this specification is the responsibility of the bidder. Identify with explanation, any terms, conditions, specifications or stipulations of the RFQ with which you CAN NOT or WILL NOT comply. CHEMICAL TOILET RENTAL Portable toilet units shall be clean, in excellent condition, free from defects and without graffiti. Service shall include removal and disposal of waste in accordance with applicable state and local law. Service shall also include removal and disposal of trash in the unit, cleaning of the unit inside and out, removal of graffiti, refilling with chemicals, stocking of toilet paper, water, hand cleaner and other consumables where applicable. Services shall be recorded by date to a label affixed inside each unit. Successful bidder(s) shall assume all Liability associated with the use of the units. This includes repair of damages due to accident, weather or vandalism, as well as removal of graffiti. Contractor shall repair or replace any unit that becomes unsuitable for use within twenty-four (24) hours of being notified by the County of Fresno. Quotation No. 17-017 Page 13 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC CHEMICAL TOILET RENTAL USAGE ROAD MAINTENANCE TYPE OF UNIT USAGE PER YEAR Double Chemical Toilet (2 toilets trailer mounted w/hand wash facilities) 1 week per year Single Chemical Toilet (1 toilet trailer mounted w/hand wash facilities) 100 days per year Skid Mounted Chemical Toilet (Hand wash facilities/antiseptic towel if available) 100 days per year PUBLIC WORKS-CONSTRUCTION 1. Rental service must be Countywide, from west of Coalinga to Huntington Lake. 2. Skid-mounted units without hand washing facilities are required. 3. Units are to be serviced twice each week during the rental period. 4. Approximately two units will be rented each year with each unit being rented for approximately three months. COUNTY PARKS Portable Toilet Rental and Weekly Service Single Skid Mounted-No Hand Wash Facilities Location Number of Units Season Needed Kearney Park 2-4 Spring/Summer Skaggs Bridge 2-4 Seasonally Los Gatos Park 1 Year Round Lost Lake Park 2-4 Year Round and Seasonally Avocado Lake 2-4 Seasonally Laton Park 1-3 Seasonally Quotation No. 17-017 Page 14 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC SPECIFICATIONS DISPOSAL SITES (For Services Only) AMERICAN AVENUE DISPOSAL (1895 W. American Avenue, Kerman, CA 93630) The American Avenue Disposal Site owns five (5) (47 ½ X 43 ½) Standard Poly Portable Skid Mounted Chemical Toilets (including hand wash facilities), and one (1) Enhanced Access (Handicap) unit. American Avenue also owns two (2) Stand Alone Sinks. Supplies such as paper towels, toilet paper, soap, and garbage liners are requested to be provided. Additional units may be required temporarily to accommodate special projects at the site. Rental units will be delivered and picked-up by the vendor. All units must be pumped and cleaned a minimum of twice per week, but often enough to ensure the units are sanitary. *Various other County Departments may be added on an as need basis. Quotation No. 17-017 Page 15 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC Vendor Name: QUOTATION SCHEDULE CHEMICAL TOILETS RENTAL RENTAL RATES Monthly Rental Charge (including travel time, pumping, cleaning, adding new chemicals, tissue refill, and hand towel refill) Service Once Per Week Services Twice Per Week Double Chemical Toilet $ Per month $ Per month (2 toilets trailer mounted w/hand wash facilities) Single Chemical Toilet $ Per month $ Per month (1 toilet trailer mounted w/hand wash facilities) Skid-Mounted Chemical Toilet $ Per month $ Per month (with hand wash facilities/antiseptic towel) Double Chemical Toilet $ Per month $ Per month (2 toilets trailer mounted /no hand wash facilities) Single Chemical Toilet $ Per month $ Per month (1 toilet trailer mounted/ no hand wash facilities) Skid-Mounted Chemical Toilet $ Per month $ Per month (No hand wash facilities) Stand Alone Sinks $ Per month $ Per month Delivery Charge $ Per unit $ Per unit Pick Up Charge $ Per unit $ Per unit Delivery and Service instructions will be provided by the department placing the order. Quotation No. 17-017 Page 16 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC Vendor Name: QUOTATION SCHEDULE SERVICE ONLY- SITE OWNED UNITS (Including removal and disposal of trash, cleaning of the unit inside and out, refilling chemicals, stocking of consumables, recording of services on a label affixed inside each unit.) American Ave Disposal Site 18950 W. American Ave. Kerman, CA All units must be pumped and cleaned a minimum of twice per week. Description QTY Cost Per Unit Per Each Cleaning Standard Poly Portable Skid Mounted Chemical Toilet (including Hand Wash Facilities) 5 $ Per each unit Enhanced Access (Handicap) Unit (including hand wash facilities) 1 $ Per Unit Stand Alone Sinks 2 $ Per each unit Additional Services: • Service Customer Owned Toilet (must include travel time, clean, pump, chemicals and tissue refill) Locations may vary throughout the County. $ • Include a rental list of other available units and applicable rental fees. Quotation No. 17-017 Page 17 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC 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. All signatures must be in blue ink. 2. The Request for Quotation (RFQ) has been signed and completed. 3. One (1) original and three (3) copies of the RFQ have been provided. 4. Addenda, if any, have been completed, signed and included in the bid package. 5. The completed Reference List as provided with this RFQ. 6. The Quotation Schedule as provided with this RFQ has been completed, price reviewed for accuracy and any corrections initialed in ink. 7. Indicate all of bidder exceptions to the County’s requirements, conditions and specifications as stated within this RFQ. 8. The Participation page as provided within this RFQ has been signed and included 9. Bidder to Complete page as provided with this RFQ. 10. Lastly, on the LOWER LEFT HAND CORNER of the sealed envelope, box, etc. transmitting your bid include the following information: County of Fresno RFQ No. 17-017 Closing Date: October 12, 2016 Closing Time: 2:00 P.M. Commodity or Service: Portable Toilet Rental and Service Return Checklist with your RFQ response. Q N R: 17 1 I N s Issue Date: September 16, 2016 Closing Date: OCTOBER 12, 201 Quotation will be considered LATE when the official Purchasing time clock reads 2:01 P.M. Questions must be submitted on the Bid Page at Public Purchase or contact Shannon W. Kirby at (559) 600-7110. Check County of Fresno Purchasing's website at https :l/www2.co. fresno .ca .us/0440/Bids/Bids Home .as px for any future addenda. Please submit all Quotations to: County of Fresno -Purchasing 4525 E. Hamilton Avenue, 2"d Floor Fresno, CA 93702-4599 BIDDER TO COMPLETE Undersigned agrees to furnish the commodity or service stipulated in the attached response at the prices and terms stated, subject to the attached "County of Fresno Purchasing Standard Instructions And Conditions For Requests For Proposals (RFP's) And Requests For Quotations (RFQ's)". Except as noted on individual items, the following will apply to all items in the Quotation Schedule: CITY ~ tJs-c~ 5ct q -L(S,;), f:b ~ _ .. f-;5~1 s-czcl-to<!'; J-., c~L~::~~:.~~:E: ~~--~~---'··~" ~5A~~IM:LE NUMBER SIGNATURE (IN BLUE INK) Purchasing Use: SWK:hrs ORG/Requisition: 9026,4510, 7910, 31112413, 56107001/9261700050, 5101700087,9101700030,9261700067,5101700097,3111707130,5611700188 G:\Public\RFQ\FY 2016-17\17-017 Portable Toilet Rental and Service\17-017 Portable Toilet Rental and Service.doc PD-010 (1112015) Quotation No. 1 7 COUNTY FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUESTS FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S) Note: the reference to "bids" in the following paragraphs applies to RFP's and RFQ's GEN D ONS By submitting a bid the bidder agrees to the following conditions. These conditions will apply to all subsequent purchases based on this bid. 1. 2. BID PREPARATION: A) All prices and notations must be typed or written in ink. No erasures permitted. Errors may be crossed out, initialed and corrections printed in ink by person signing bid. B) Brand Names: Brand names and numbers when given are for reference. Equal items will be considered, provided the offer clearly describes the article and how it differs from that specified. In the absence of such information it shall be understood the offering is exactly as specified. C) State brand or make of each item. If bidding on other than specified, state make, model and brand being bid and attach supporting literature/specifications to the bid. D) Bid on each item separately. Prices should be stated in units specified herein. All applicable charges must be quoted; charges on invoice not quoted herein will be disallowed. E) Time of delivery is a part of the consideration and must be stated in definite terms and must be adhered to. F.O.B. Point shall be destination or freight charges must be stated. F) All bids must be dated and signed with the firm's name and by an authorized officer or employee. G) Unless otherwise noted, prices shall be firm for one hundred eighty ( 180) days after closing date of bid. SUBMITTING BIDS: A) Each bid must be submitted on forms provided in a sealed envelope/package with bid number and closing date and time on the outside of the envelope/package. B) Interpretation: Should any discrepancies or omissions be found in the bid specifications or doubt as to their meaning, the bidder shall notify the Analyst in writing at once. The County shall not be held responsible for verbal interpretations. Questions regarding the bid must be received by Purchasing stated within this document. All addenda issued shall be in writing, duly issued by Purchasing and incorporated into the contract. C) ISSUING AGENT /AUTHORIZED CONTACT: This RFP/RFQ has been issued by County of Fresno, Purchasing. Purchasing shall be the vendor's sole point of contact with regard to the RFP/RFQ, its content. and all issues concerning it. All communication regarding this RFP/RFQ shall be directed to an authorized representative of County Purchasing. The specific analyst managing this RFP/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 RFP/RFQ. Contact with any other County representative, including elected officials, for the purpcse of discussing this RFP/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 RFP/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 rnust 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. D) Bids received after the closing time will NOT be considered. E) Bidders are to bid what is specified or requested first. If unable to or unwilling to, bidder rnay bid alternative or option, indicating all advantages, disadvantages and their associated cost. F) 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. 3. FAILURE TO BID: A) If not bidding, return bid sheet and state reason for no bid or your name may be removed frorn mailing list. 4. TAXES, CHARGES AND EXTRAS: A) County of Fresno is subject to California sales and/or use tax (8.225%). Please indicate as a separate line item if applicable. B) DO NOT include Federal Excise Tax. County is exempt under Registration No. 94-73-03401-K. C) County is exempt from Federal Transportation Tax. Exemption certificate is not required where shipping papers show consignee as County of Fresno. D) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid. G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE. DOC 1A Quotation No. 1 7 5. W-9-REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION & CALIFORNIA FORM 590 WITHHOLDING EXEMPTION CERTIFICATE: Upon award of bid, the vendor shall submit to County Purchasing, a completed IRS Form W-9-Request for Taxpayer Identification Number and Certification and a California Forrn 590 Withholding Exemption Certificate if not currently a County of Fresno approved vendor. 6. AWARDS: A) Award(s) will be rnade to the most responsive responsible bidder; however, the Fresno County Local Vendor Preference and/or the Disabled Veteran Business Enterprise Preference shall take precedence when applicable. Said Preferences apply only to Request for Quotations for materials, equipment and/or supplies only (no services); the preference do not apply to Request for Proposals. RFQ evaluations will include such things as life-cycle cost, availability, delivery costs and whose product and/or service is deemed to be in the best interest of the County. The County shall be the sole judge in making such determination. B) Unless bidder gives notice of ali-or-none award in bid, County may accept any itern, group of iterns or on the basis of total bid. C) The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. D) Award Notices are tentative: Acceptance of an offer made in response to this RFP/RFQ shall occur only upon execution of an agreement by both parties or issuance of a valid written Purchase Order by Fresno County Purchasing. E) After award, all bids shall be open to public inspection. The County assumes no responsibility for the confidentiality of information offered in a bid. 7. TIE BIDS: All other factors being equal, the contract shall be awarded to the Fresno County vendor or, if neither or both are Fresno County vendors, it may be awarded by the flip of a coin in the presence of witnesses 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. 8. PATENT INDEMNITY: The vendor shall hold the County, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or un-copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with this bid. 9. SAMPLES: Samples, when required, rnust 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. 10. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: A) In case of default by vendor, the County may procure the articles or service from another source and may recover the cost difference and related expenses occasioned thereby from any unpaid balance due the vendor or by proceeding against performance bond of the vendor, if any, or by suit against the vendor. The prices paid by the County shall be considered the prevailing market price at the time such purchase is made. B) Articles or services, which upon delivery inspection do not meet specifications, will be rejected and the vendor will be considered in default. Vendor shall reimburse County for expenses related to delivery of non-specified goods or services. C) 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. 11. DISCOUNTS: Terms of less than fifteen (15) days for cash payment will be considered as net in evaluating this bid. A discount for payment within fifteen (15) days or more will be considered in determining the award of bid. Discount period will commence either the later of delivery or receipt of invoice by the County. Standard terms are Net forty-five ( 45) days. 12. SPECIAL CONDITIONS IN BID SCHEDULE SUPERSEDE GENERAL CONDITIONS: The "General Conditions" provisions ofthis RFP/RFQ shall be superseded if in conflict with any other section of this bid, to the extent of any such conflict. 13. SPECIAL REQUIREMENT: With the invoice or within twenty-five (25) days of delivery, the seller must provide to the County a Material 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.) 14. RECYCLED PRODUCTS/MATERIALS: Vendors are encouraged to provide and quote (with documentation) recycled or recyclable products/materials which meet stated specifications. 15. YEAR COMPLIANCE WARRANTY: Vendor warrants that any product furnished pursuant to this Agreement/order shall support a four-digit year format and be able to accurately process date and time data frorn, into and between the twentieth and twenty-first centuries, as well as leap year calculations. "Product" shall include, without limitation, any piece or component of equipment, hardware, firmware, middleware, custom or commercial software, or internal components or subroutines therein. This warranty shall survive termination or expiration of this Agreement. In the event of any decrease in product functionality or accuracy related to time and/or date data related codes and/or internal subroutines that impede the product from operating correctly using dates beyond December 31, 1999, vendor shall restore or repair the product to the same level of functionality as warranted herein, so as to minimize interruption to County's ongoing business process, tirne being of the essence. In the event that such warranty compliance requires the acquisition of additional programs, the expense for any such associated or additional acquisitions, which may be required, including, without limitation, data conversion tools, shall be bome exclusively by vendor. Nothing in this warranty shall be construed to limit any rights or remedies the County may otherwise have under this Agreement with respect to defects other than year performance. 16. PARTICIPATION: Bidder may agree to extend the terms of the resulting contract to other political subdivision, municipalities and tax-supported agencies. G:IPUBLICIRFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\ 17-017 PORT ABLE TOILET RENTAL AND SERVICE .DOC 1B Quotation No. 1 7 Such participating Governmental bodies shall make purchases in their own name, make payment directly to bidder, and be liable directly to the bidder, holding the County of Fresno harmless. 17. CONFIDENTIALITY: All services performed by vendor shall be in strict conformance with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality, including but not limited to, California Civil Code, California Welfare and Institutions Code, Health and Safety Code, California Code of Regulations, Code of Federal Regulations. Vendor shall submit to County's monitoring of said compliance. Vendor may be a business associate of County, as that term is defined in the 'Privacy Rule" enacted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). As a HIPAA Business Associate, vendor rnay use or disclose protected health information ("PHI") to perform functions, activities or services for or on behalf of County as specified by the County, provided that such use or disclosure shall not violate HIPAA and its implementing regulations. The uses and disclosures if PHI rnay not be rnore expansive than those applicable to County, as the 'Covered Entity" under HIPAA's Privacy Rule, except as authorized for management, administrative or legal responsibilities of the Business Associate. Vendor shall not use or further disclose PHI other than as permitted or required by the County, or as required by law without written notice to the County. Vendor shall ensure that any agent, including any subcontractor, to which vendor provides PHI received from, or created or received by the vendor on behalf of County, shall comply with the same restrictions and conditions with respect to such information. 18. 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 RFP/RFQ. Appeals should be submitted to County of Fresno Purchasing, 4525 E. Harnilton Avenue, Fresno, California 93702-4599 and in Word format to gcornuelle@co.fresno.ca.us. Appeals should address only areas regarding RFP/RFQ contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFP/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 protesting bidder is not satisfied with the decision of Purchasing, he/she shall have the right to appeal to the CAO within seven (7) working days after Purchasing's notification. If the protesting bidder is not satisfied with GAO's decision, the final appeal is with the Board of Supervisors. Please contact Purchasing if the appeal is going to the Board. 19. OBLIGATIONS OF CONTRACTOR: A) CONTRACTOR shall perform as required by the ensuing contract. CONTRACTOR also 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. B) CONTRACTOR shall obey all Federal, State, local and special district laws, ordinances and regulations. 20. AUDITS & 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. 21. DISCLOSURE-CRIMINAL HISTORY & CIVIL ACTIONS: Applies to Request for Proposal (RFP); does not apply to Request for Quotation (RFQ) unless specifically stated elsewhere in the RFQdocument. In their proposal, the bidder is required to disclose if any of the following conditions apply to thern, their owners, officers, corporate managers and partners (hereinafter collectively referred to as "Bidder"): .. Within the three-year period preceding the proposal, they have been convicted of, or had a civil judgment rendered against them for: o fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; o violation of a federal or state antitrust statute; o embezzlement, theft, forgery, bribery, falsification, or destruction of records; or o false statements or receipt of stolen property Within a three-year period preceding their proposal, they have had a public transaction (federal, state, or local) terminated for cause or default. 22. DATA SECURITY: Individuals and/or agencies that enter into a contractual relationship with the COUNTY for the purpose of providing services rnust employ adequate controls and data security measures, both internally and extemallyto 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). G:\PUBLICIRFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE. DOC 1C Quotation No. 1 7 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. 23. PURCHASING LOCATION & HOURS: Fresno County Purchasing is located at 4525 E. Hamilton Avenue (second floor), Fresno, CA 93702. Non-holiday hours of operation are Monday through Friday, 8:00A.M. to 12:00 Noon and 1:00 P.M. to 5:00P.M. PST; Purchasing is closed daily from 12:00 Noon to 1:00 P.M. The following holiday office closure schedule is observed: January 1* Third Monday in January Third Monday in February March 31* Last Monday in May July 4* First Monday in September November 11 * Fourth Thursday in November Friday following Thanksgiving December 25* New Year's Day Martin Luther King, Jr.'s Birthday Washington -Lincoln Day Cesar Chavez' Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas * When this date falls on a Saturday, the holiday is observed the preceding Friday. If the date falls on a Sunday, the holiday is observed the following Monday. 24. FRESNO COUNTY BOARD OF SUPERVISORS ADMINISTRATIVE POLICIES: ADMINISTRATIVE POLICY NUMBER 5 Contract Salary Limitation Fresno County Administrative Policy No. 5 provides that in contracts with non- profit organizations that primarily serve Fresno County and professional service contracts where Fresno County is the sole client. the contractors must agree to the following contract language: "The contractor agrees to limit administrative cost to a maximum of 15% of the total program budget and to limit employee benefits to a maximum of 20% of total salaries for those employees working under this agreement during the term of the agreement. Failure to conform to this provision will be grounds for contract termination at the option of the County of Fresno." Any bidder that wishes an exemption from this contract requirements must set forth the request for exemption, as well as a complete explanation of why the exemption should be granted, in the bidder's response to the RFP. Only the Board of Supervisors can approve such exemption. Policy Statement: Contractors shall be limited to a maximum 15% administrative cost as compared to the total program budget and employee benefits shall be limited to a maximum of 20% of salaries. The following language will be included in each applicable contract: "The contractor agrees to limit administrative cost to a maximum of 15% of the total program budget and to limit employee benefits to a maximum of 20% of total salaries for those employees working under this agreement during the term of this agreement. Failure to conform to this provision will be grounds for contract termination at the option of the County of Fresno." The above provision shall be applied to renewal or multi-year contracts with non-profit organizations which primarily serve Fresno County and professional services contracts where Fresno County is the sole client, such as: • Community based organization service contracts related to social services, health services, or probation services. • Cultural art program contracts. • Professional services contracts. This policy will not apply to contracts between the County and the Federal or State governments; or one-time contracts. The Board of Supervisors will consider exemptions to this policy only upon the recommendation of the County Administrative Office. Management Responsibility: It shall be the responsibility of any County official authorized by the Board of Supervisors to execute contracts or enter into agreements on behalf of the County to review all applicable contracts to insure that this policy is fully enforced. It shall be the responsibility of the County Administrative Officer to review requests for exemptions to this policy and to make recommendations to the Board of Supervisors on such requests for exemption. ADMINISTRATIVE POLICY NUMBER 34 Competitive Bids and Requests for Proposals Fresno County Administrative Policy No. 34 provides that no person, firm or subsidiary thereof who has been awarded a consulting services contract by the County, may submit a bid for, or be awarded a contract for, the provision of services, procurement of goods or supplies, or any other related action which is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract. Any bidder that wishes an exemption from this contract limitation must set forth the request for exemption, as well as a complete explanation of why the exemption should be granted, in the bidder's response to the RFP. Only the Board of Supervisors, on a four-fifths ( 4/5) vote finding that such waiver is in the best interests of the County, can waive this policy. Definitions: Purchasing Authority and Responsibility -In accordance with the State of California Government Code Section 25500 et seq., and the Fresno County Ordinance Code Chapter 2.56, the Board of Supervisors has established a County CAO. The Board has designated the County Administrative Officer as the CAO. Unless otherwise restricted, all necessary authority and responsibility has been delegated to the CAO to satisfy the acquisition requirements of the County. The CAO may defer day-to-day acquisition management to the Purchasing Manager as appropriate. Policy Statement: Competitive bids or requests for proposals shall be secured for all contracts for goods or services which are proposed to be acquired by the County except when in unusual or extraordinary circumstances, a department head, requests an exception to competitive bidding. All such requests must be documented by the department head G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE. DOC 1D Quotation No. 1 7 including a detailed description of the facts justifying the exception. The request must receive concurrence of the procurement authority who will sign that particular contract i.e. the Board of Supervisors or GAO/Purchasing Manager. The following circumstances are examples which constitute "Suspension of Competition": " In an emergency when goods or services are immediately necessary for the preservation of the public health, welfare, or safety, or for the protection of County property. • When the contract is with a federal, state, or local governmental agency. • When the department head, with the concurrence of the CAO, finds that the cost of preparing and administering a competitive bidding process in a particular case will equal or exceed the estimated contract amount or $1,000 whichever is more. • When a contract provides only for payment of per diem and travel expenses and there is to be no payment for services rendered. • When obtaining the services of expert witnesses for litigation or special counsel to assist the County. • When in unusual or extraordinary circumstances, the Board of Supervisors or the GAO/Purchasing Manager determines that the best interests of the County would be served by not securing competitive bids or issuing a request for proposal. Contracts for services should not usually cover a period of more than one year although a longer period may be approved in unusual circumstances. Multiple year contracts must include provisions for early termination and must be contingent on available funding. Unless exempted as provided for above, no contract for service shall extend, either by original contract or by extension, beyond three years unless competitive bids have been sought or a Request for Proposal has been processed. During any competitive bidding procedure, all bids shall be opened publicly and the dollar amount of each bid shall be read aloud. Under no circumstance shall a bid which is received at the designated place of opening after the closing time be opened or considered. Contracts for goods or services shall not be effective until approved by the Board of Supervisors or, if appropriate, the GAO/Purchasing Manager. Contractors and vendors shall be advised by the responsible department head that performance under the contract may not commence prior to such approval. Medical Professional Contracts The competitive recruitment process, annual performance evaluation, and periodic salary surveys are equivalent to competitive bids for independent physicians contracting with the County on a fee for service basis. A salary survey for physician services shall be conducted every two years. Contracts for physician services shall not extend, either by original contract or by extension, beyond five years unless competitive bids have been sought or unless exempted as provided above. Contracts for Legal Services The competitive recruitment process, annual performance evaluation, and periodic salary surveys are equivalent to competitive bids for independent law firms and attorneys contracting with the County on a fee for service basis. A salary survey for legal services shall be conducted every two years. The selection of and contracting with firms to provide legal services shall be coordinated through the County Counsel's Office. The County Counsel shall assist in securing a law firm with the requisite legal expertise and price structure that would provide the best service to the County. County Counsel shall be involved throughout the process of selecting a firm, developing a contract, and monitoring the billing and services provided throughout the contract period. Prohibited Bids Concerning End Product of Consulting Conlracts No person, firm, or subsidiary thereof who has been awarded a consulting services contract by the County, shall be awarded a contract for the provision of services, procurement of goods or supplies, or any other related action which is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract. This policy may be waived by the Board of Supervisors on a four-fifths (4/5) vote finding that such waiver is in the bes ti nterests of the County. Management Responsibility: The County Administrative Officer is responsible for preparing and issuing written procedures to assure compliance with this policy by all County officials and departments. ADMINISTRATIVE POLICY NUMBER 71 Prohibiting the Use of Public Funds for Political Advocacy Fresno County Administrative Policy No. 71 provides that no County assets, including money, shall be used for political campaigns of any type. Political campaigns are defined as political advocacy for or opposition to a matter or person that has qualified for the ballot. No contract entered into by the County shall provide for use of County monies for political campaigns. Policy Statement: Government assets, including money, grant funds, paid staff time, equipment and supplies, facilities or any other government asset shall not be used for political campaigns of any type. Political campaigns are defined as political advocacy for or opposition to a matter or person that has qualified for the ballot. Management Responsibility: Department Heads shall be held responsible for ensuring that government assets within their control are not used to advocate for or against any matter or person that has qualified for the ballot. This section does not prohibit the expenditure of government assets to create and provide informational or educational materials regarding a matter that has qualified for the ballot. Such information or educational materials shall provide a fair, accurate and impartial presentation of relevant information relating to the matter that has qualified for the ballot. However, government assets shall not be expended to create and provide such informational or educational materials in the 90 days prior to the election unless specifically authorized by the Board of Supervisors or required by the Public Records Act or other law. G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE. DOC 1E Quotation No. 17-017 Page2 PAGE KEY DATES .................................................................................................................... 3 BIDDING INSTRUCTIONS ............................................................................................. 4 PARTICIPATION ........................................................................................................... 10 REFERENCE LIST ........................................................................................................ 11 SPECIFICATIONS ........................................................................................................ 12 CHEMICAL TOILET RENTAL ....................................................................................... 12 CHEMICAL TOILET RENTAL USAGE ROAD MAINTENANCE ................................... 13 SPECIFICATIONS DISPOSAL SITES .......................................................................... 14 QUOTATION SCHEDULE CHEMICAL TOILETS RENTAL ......................................... 15 QUOTATION SCHEDULE SERVICE ONLY-SITE OWNED UNITS ........................... 16 CHECK LIST ................................................................................................................. 17 G:IPUBLIC\RFQ\FY 2016-17117-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE. DOC Quotation No. 1 7 RFQ Issue Date: Deadline for Written Requests for Interpretations or Corrections of RFQ Closing Date: Page3 September 16, 2016 September 23, 2016 at 10:00 A.M. Questions must be submitted on the Bid Page at Public Purchase. October 12, 2016 at 2:00P.M. County of Fresno Purchasing 4525 E. Hamilton Avenue, 2nd Floor Fresno, CA 93702 G:\PUBLIC\RFQ\FY 2016-17\17-017 PORT ABLE TOILET RENTAL AND SERVICE\17 -017 PORTABLE TOILET RENTAL AND SERVICE. DOC Quotation No. 17-017 Page4 The County of Fresno is soliciting bids to provide all labor, materials equipment, permits, fees, taxes and insurance etc., to provide chemical toilet rental and maintenance service on an as-needed basis as specified in this Request for Quotation. 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). ISSUING AGENT: 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. 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 September 23, 2016, 10:00 A.M., cut-off. Questions must be submitted on the Bid Page at Public Purchase or contact Shannon W. Kirby at (559) 600- 7116. 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. The County shalf 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. AUTHORIZED CONTACT: All communication regarding this RFQ shall be directed to an authorized representative of County Purchasing. The specific analyst 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, it 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. NUMBER OF COPIES: Submit one (1) original and three (3) copies of your quotation no later than the quotation closing date and time as stated on the front of this document to County of Fresno Purchasing. G:\PUBLICIRFQ\FY 2016·17117-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE. DOC Quotation No. 17-017 PageS Each copy to be identical to the original, include all supporting documentation (e.g. literature, brochures, reports, schedules etc.). The cover page of each quotation is to be appropriately marked "Original" or "Copy". FIRM QUOTATION: All quotations shall remain firm for at least one hundred eighty (180) days. TAXES: The quoted amount must include all applicable taxes. If taxes are not specifically identified in the quotation it will be assumed that they are included in the total quoted. SALES TAX: Fresno County pays California State Sales Tax in the amount of 8.225% 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. 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. QUOTATION REJECTION: Failure to respond to all questions or not to supply the requested information could result in rejection of your quotation. 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 a maximum 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. 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. EXCEPTIONS: Identify with explanation, any terms, conditions, specifications or stipulations of the RFQ with which you CAN NOT or WILL NOT comply. 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. SUBCONTRACTORS: If a subcontractor is proposed, complete identification of the subcontractor and his tasks shall be provided. The primary contractor is not relieved of any responsibility by virtue of using a subcontractor. G:IPUBLIC\RFQ\FY 2016-17117-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC Quotation 17-017 PageS 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 in duplicate to the ordering department. Each invoice shall reference the purchase order or contract no. The contractor shall obtain the "invoice to" address when receiving the order. PAYMENT: County will make partial payments for all purchases made under the contract/purchase order and accumulated during the month. CONTRACT TERM: It is County's intent to contract with the successful bidder for a term of three {3) years. 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 the various County Departments. TERMINATION: The County reserves the right to terminate any resulting contract upon written notice. 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. G:\PUBLIC\RFQIFY 2016-17117-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC Quotation No. 1 7 Page7 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, damages, liabilities, claims and losses occurring or resulting to County in connection with the performance, or failure to perform, by Contractor, its officers, agents or employees under this Agreement and from any and all costs and expenses, damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents or employees under this Agreement. 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. CLEAN UP: The Contractor shall at all times, keep the premises dean from accumulation of waste materials or rubbish caused by his employees or work and shall remove all resulting work debris from the job site. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than One Million Dollars ($1 ,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this Agreement. C. Professional Liability: If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional liability Insurance with limits of not less than One Million Dollars ($1 ,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to COUNTY. Within thirty (30) days from the date CONTRACTOR executes this Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Public Works & Planning, Attn: John R. Thompson, 2220 Tulare, Ste 600, G:\PUBLIC\RFQ\FY 2016-17117-017 PORT ABLE TOILET RENTAL AND SERVICE\17 -017 PORTABLE TOILET RENTAL AND SERVICE.DOC Quotation No. 1 7 PageS Fresno, CA 93721, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. EPAYMENT OPTION: The County of Fresno provides an Epay Program which involves payment of invoices by a secure Visa account number assigned to the supplier after award of contract. Notification of payments and required invoice information are issued to the supplier's designated Accounts Receivable contact by e- mail remittance advice at time of payment. To learn more about the benefits of an Epay Program, how it works, and obtain answers to frequently asked questions, click or copy ancl paste the following URL into your browser: www.bankofamerica.com/epayablesvendors or call Fresno County Accounts Payable, 559-600- 3609. G:\PUBLIC\RFQ\FY 2016-17117-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE. DOC Quotation No. 17-017 Page9 BIDDER TO COMPLETE: Name of Insurance Carrier: Commercial General Liability: Expires: Automotive Insurance: Expires: Worker's Compensation: Expires: Proof of maintenance of adequate insurance will be required before award is made to vendor. 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): ) 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. 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. AUDITS AND RETENTION: The Contractor shall maintain in good and legible condition ail 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. G:\PUBLIC\RFQ\FY 2016-17117-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC DATE (MM/DD/YYYY) 7/27/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s . PRODUCER (OR) Heffernan Insurance Brokers 5100 SW Macadam, Suite 440 Portland OR 97239 INSURED AAA Quality Services, Inc. PO Box 535 Farmersville CA 93223-0535 COVERAGES AAAQUAL-01 CERTIFICATE NUMBER· 786927488 . 503-226-1320 . 503-226-1478 INSURER S AFFORDING COVERAGE NAIC# 23787 42587 INSURER c :AM CO Insurance Com 19100 INSURER D: INSURER E: INSURERF: REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER ~~~~hl%~) ~~~2r6%~) LIMITS A ~ COMMERCIAL GENERAL LIABILITY ACP3007810138 8/1/2016 8/1/2017 EACH OCCURRENCE $1,000,000 1--tJ CLAIMS-MADE ~ OCCUR ~~~~~~J9E~~:~?encel $100,000 1--MED EXP (Any one person) $10,000 1--PERSONAL & ADV INJURY 11,000,000 )fl'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 DPRO-D PRODUCTS-COMP/OP AGG $2,000,000 POLICY JECT LOG OTHER: $ B AUTOMOBILE LIABILITY ACP3007810138 8/1/2016 8/1/2017 (-i:~fl.1tjl~}'~t?INGLt:: LIMII $1,000,000 accident t-x ANY AUTO BODILY INJURY (Per person) $ 1--ALL OWNED ,--SCHEDULED $ AUTOS AUTOS BODILY INJURY (Per accident) 1--1--NON-OWNED J'r~~~~c~d~~RAMAGE $ HIRED AUTOS AUTOS 1--1-- $ c UMBRELLA LIAS HOCCUR ACP3007810138 8/1/2016 8/1/2017 EACH OCCURRENCE $4,000,000 1--X EXCESS LIAS CLAIMS-MADE AGGREGATE $ OED I X I RETENTION$ 0 I WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA E.l. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE-EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.l. DISEASE -POLICY LIMIT $ AUTO POLLUTION LIAB. CA9948 03-06 EACH OCCURENCE $100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: As Per Contract or Agreement on File with Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE AAA Quality Services, Inc. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO BOX 535 ACCORDANCE WITH rHE POLICY PROVISIONS. Farmersville CA 93223 AUTHORIZED REPRESENTATIVE I ;::1/~ .. © 1988-2()14 ACORD CORPORATION. All nghts reserved. ACORD 25 (2014/01} The ACORD name and logo are registered marks of ACORD OP ID: SS DATE (MMIODIYYYY) 01/26/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOlDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR AlTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of t!Je policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NSE Insurance Agencies, Inc. United Valley Insurance Svcs 160 South D St., P.O. Box 704 Exeter, CA 93221 Dave J. Engstrom INSURED AAA Quality Services, Inc Potters Porta Potties dba P. 0. Box535 Farmersville, CA 93223 COVERAGES CERTIFICATE NUMBER· iNSIJRER(S) AFFORDING COVERAGE NAJC# INSURER A ,Zenith Insurance Company 13269 INSURERB: INSURERC: !NSURERD: INSURER E: INSURERF: REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSlONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ~.,u; l~nK LTR POLICY NUMBER : ~=~M%M~'~n 11~2~~~~ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1---!?~!"1':!-;.t;.S (tt:NTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $ 1---t=J CLAIMS-MADE D OCCUR 1---MED EXP (Any one person) $ PERSONAL & ADV INJURY 1-- $ 1---GENERAL AGGREGATE $ GEN'L AGGREnE LIMIT APnS PER: PRODUCTS -COMP/OP AGG $ n POLICY ~fgi LOC $ AUTOMOBILE LIABILITY YE~~~~d~~triNGLE LIMIT $ 1-- ANY AUTO BODILY INJURY (Per person) $ 1---ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS 1----NON-OWNED Fp'1?ff~&b~~GE HIRED AUTOS AUTOS $ 1---- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ r---EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION x 1 lj~PftlNs I lOTH- AND EMPLOYERS' LIABILITY TO YLI IT ER YIN 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE D Z126987102 01/24/2016 0112412017 E.l. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) E.l. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.l. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER FOR INFORMATION ONLY ACORD 25 (2010/05) FORIN- CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 1111 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Quotation No. 17-017 Page10 BIDDER TO COMPLETE THE FOLLOWING: N 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. h:"7l Yes, we will extend contract terms and conditions to all qualified agencies within the Central Valley 11AJ Purchasing Group and other tax supported agencies. o_ No, we will not extend contract terms to any agency other than the County of Fresno. ( \ . . ) \ Q"L--....;·:-'-''• ~· _,.._ · ............. ~::-·~-"',~::.·· .. ·-:::::::::~::::~--.r--~--1.·. '--·--·-(Authorized Signature in Blue Ink) G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC Quotation No. 1 7 11 Ll Provide a list of at least five (5) customers for whom you have recently provided similar products/services. Be sure to include all requested information. Reference Name: [3.} . V e ft tr, . Contact: Address: 7tv:y .. f L ; pe: fsltu ":§ CT City: \_ . t S"'i \ 1 c, State: Phone No.: ( 3S' tl ) ~ ~ -· 5~~). Date: SeiVice Provided: 'far~\J= S dd\u ~, EeM 1 j Reference Name: (' e 'r\·,L, \ \) ~~ \\~1 tk.f\tgl.fontact:. ___,C_...J'_,_{._,Sb-"-'o::,....._\ __ .. 01"""'"··_._····_,_(-=b~e.....,l_,.Se--+q Address: . ;;LS, l{£1 Lf 0"'\ l C(b . City: ! .. p'l!:/~ State: Uj Zip: Ci"'&?J t() Phone No.: ( 55!:'1 ) $bd -7 &c:· J. . Date: Service Provided: ·po1\iJ€: <:1-tl(J"·h vr-1 1 F&~t:; -/~-:3----------- Reference Name: ~(\~ ~'\ C \ . ·~~~ ; ,v'\. S Address: =n f:,Jur·!\-Auf City: 4";x::: , ) c f /- Phone No.: '"/ "55"1 ) ~~-5bl 0 . Date: Service Provided: ju~ :;;c Sc, ·'l del, (f"\ q . ~7 13 b, Reference Name: ;<\ec.\ '), / b If \t,\ (:_ Contact: _·.-;R""'. -?"0+'1 i"'-~_,\,..;:Cc4, _____ _ . f :J I '27U~ A~dress. , \ vQ J=;l ¥ +~ t 1 C1ty: V \ S,~ _ \C) State: (}\ Zip: 1$ q () Phone No.: ( <?.:5c1 ) ~-Lf{J~·'L . Date: .. Service Provided: '}k-;, \-S;\( .s--;;,; h:hk''', ftrl(·, ''§ Failure to provide a list of at least five (5) customers may be cause for rejection of this RFQ. G:\PUBLIC\RFQIFY 2016-17117-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC Quotation No. 1 7 Page12 I The following pages state the specifications for the services covered under this Request for Quotation No exceptions to or deviations from the specifications 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 services exactly as specified herein. The burden of proof of compliance with this specification is the responsibility of the bidder. Identify with explanation, any terms, conditions, specifications or stipulations of the RFQ with which you CAN NOT or WILL NOT comply. H TOI Portable toilet units shall be clean, in excellent condition, free from defects and without graffiti. Service shall include removal and disposal of waste in accordance with applicable state and local law. Service shall also include removal and disposal of trash in the unit, cleaning of the unit inside and out, removal of graffiti, refilling with chemicals, stocking of toilet paper, water, hand cleaner and other consumables where applicable. Services shall be recorded by date to a label affixed inside each unit. Successful bidder(s) shall assume all Liability associated with the use of the units. This includes repair of damages due to accident, weather or vandalism, as well as removal of graffiti. Contractor shall repair or replace any unit that becomes unsuitable for use within twenty-four (24) hours of being notified by the County of Fresno. G:\PUBLIC\RFOIFY 2016·17117-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC Quotation No. 1 7 Page13 TYPE OF UNIT USAGE PER YEAR Double Chemical Toilet 1 week per year (2 toilets trailer mounted w/hand wash facilities) Single Chemical Toilet 100 days per year (1 toilet trailer mounted w/hand wash facilities) Skid Mounted Chemical Toilet 1 00 days per year (Hand wash facilities/antiseptic towel if available) B WORKS-CONSTRUCTIO 1. Rental service must be Countywide, from west of Coalinga to Huntington lake. 2. Skid-mounted units without hand washing facilities are required. 3. Units are to be serviced twice each week during the rental period. 4. Approximately two units will be rented each year with each unit being rented for approximately three months. location Kearney Park Skaggs Bridge los Gatos Park lost lake Park Avocado lake Laton Park COUNTY Portable Toilet Rental and Weekly Service Single Skid Mounted-No Hand Wash Facilities Number of Units Season Needed 2-4 Spring/Summer 2-4 Seasonally 1 Year Round 2-4 Year Round and Seasonally 2-4 Seasonally 1-3 Seasonally G:IPUBLIC\RFQ\FY 2016-17117-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC Quotation No. 17-017 14 I NS (For Services Only) AMERICAN AVENUE DISPOSAL (1895 W. American Avenue, Kerman, CA 93630) The American Avenue Disposal Site owns five (5) (47 ~X 43 ~)Standard Poly Portable Skid Mounted Chemical Toilets (including hand wash facilities), and one (1) Enhanced Access (Handicap) unit. American Avenue also owns two (2) Stand Alone Sinks. Supplies such as paper towels, toilet paper, soap, and garbage liners are requested to be provided. Additional units may be required temporarily to accommodate special projects at the site. Rental units will be delivered and picked-up by the vendor. All units must be pumped and cleaned a minimum of twice per week, but often enough to ensure the units are sanitary. *Various other County Departments may be added on an as need basis. G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC Quotation No. 17-017 Page15 I RENTAL RATES Monthly Rental Charge (including travel time, pumping, cleaning, adding new chemicals, tissue refill, and hand towel refill) Double Chemical Toilet (2 toilets trailer mounted w/hand wash facilities} Service Once Per Week $ f Jfs· 7''l_, Per month Services Twice Per Week $~1?5'33 Per month Single Chemical Toilet $) \:5. ]~ Per month $ ;:?{ W. ]~Per month (1 toilet trailer mounted w/hand wash facilities) Skid-Mounted Chemical Toilet $ r \ S, 7:s Per month $b{ \0' 73 Per month (with hand wash facilities/antiseptic towel) Double Chemical Toilet $ \£\\ .'l~ Per month $ dd'\. 7 ~Per month (2 toilets trailer mounted /no hand wash facilities) Single Chemical Toilet (1 toilet trailer mounted/ no hand wash facilities) Skid-Mounted Chemical Toilet (No hand wash facilities} Stand Alone Sinks Delivery Charge Pick Up Charge $ tO%. 7~ Per month $ tJ L\. 7~ Per month $ GL\.#73 Per month $ &ZO Per unit $ 80 Perunit $ '2t7::S Per month $ f I ].73 Per month $ J \ /.]3 Per month $ 8.0 Per unit $ HQ Perunit Delivery and Service instructions will be provided by the department placing the order. G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC Quotation No. 1 7 Page 16 Vendor Name: AA.A Q\.~ q\ \}i ON RVICE D (Including removal and disposal of trash, cleaning of the unit inside and out, refilling chemicals, stocking of consumables, recording of services on a label affixed inside each unit.) American Ave Disposal Site 18950 W. American Ave. Kerman, CA All units must be pumped and cleaned a minimum of twice per week. Description Standard Poly Portable Skid Mounted Chemical Toilet (including Hand Wash Facilities) Enhanced Access (Handicap) Unit (including hand wash facilities) Stand Alone Sinks Additional Services: 5 1 2 " Service Customer Owned Toilet (must include travel time, clean, pump, chemicals and tissue refill) Locations may vary throughout the County . ., Include a rental list of other available units and applicable rental fees. Cost Per Unit Per Each Cleaning $ !L\.()0 Per each unit $ IL\,00 Per Unit $ ]L\.00 Per each unit G:\PUBLIC\RFQ\FY 2016-17\17-017 PORTABLE TOILET RENTAL AND SERVICE\17-017 PORTABLE TOILET RENTAL AND SERVICE.DOC Attachment "B" SELF-DEALING TRANSACTION DISCLOSU FORM (1) Company Board Member Information: Name: Date: Job Title: (2) Company/Agency Name and Address: (3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to) (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a) (5) Authorized Signature Signature: Date: