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HomeMy WebLinkAbout323161 2 3 AGREEMENT FOR AIR CONDITIONING MAINTENANCE SERVICES FOR HEAVY EQUIPMENT THIS AGREEMENT is made and entered into this __ day of ___ , 2015, 4 between the County of Fresno , a political subdivision of the State of California 5 (hereinafter called "COUNTY"), and NVB EQUIPMENT a California corporation located 6 at 3808 E. Jensen Avenue, Fresno, California 93725 (hereinafter called 7 "CONTRACTOR"). 8 COUNTY and CONTRACTOR agree that their performance under this 9 Agreement shall be in accordance with the terms, conditions, requirements etc. of the 10 County of Fresno Request for Quotation (RFQ) No. 031-5359, attached hereto as 11 Attachment "A", and the CONTRACTOR's quotation submitted in response to the RFQ 12 (Response), attached hereto as Attachment "B", each of which is incorporated by this 13 reference as though fully set forth herein. 14 WITNESSETH: 15 WHEREAS, the COUNTY requires specialized services to provide air 16 conditioning maintenance, replacement and repair services for heavy equipment at the 17 American Avenue Disposal Site (SITE) located at 18950 W . American Avenue , Kerman, 18 California 93630; and 19 WHEREAS, the CONTRACTOR is qualified and willing to provide the COUNTY 20 the professional services required; 21 NOW, THEREFORE, the parties hereto have and by these presents do agree as 22 follows: 23 I. OBLIGATIONS OF CONTRACTOR: 24 A. The COUNTY hereby contracts with the CONTRACTOR as an 25 independent contractor to provide all the services required to provide air conditioning 26 maintenance, replacement and repair services for heavy equipment. Said services are 27 described under Article Ill herein . 28 1 1 B. The CONTRACTOR shall retain such personnel and other sub- 2 contractors as CONTRACTOR deems necessary to assist in completing the work . All 3 sub-contractors used by CONTRACTOR shall be approved in writing by the COUNTY 4 before they are retained by the CONTRACTOR , which approval shall not be 5 unreasonably withheld. Should CONTRACTOR retain such persons, compensation to 6 be paid to CONTRACTOR under Article V below, shall not be increased. 7 C. The CONTRACTOR's services shall be performed as expeditiously as is 8 consistent with professional skill and the orderly progress of the work. 9 10 11 II. 12 D. The contact person for the CONTRACTOR shall be: Michael Oddo (telephone : 559-496-3520; Fax : 559-496-3519). DESCRIPTION OF THE WORK COVERED BY THIS AGREEMENT: A. The work covered by this Agreement is for the CONTRACTOR services 13 described in Article Ill. 14 Ill. CONTRACTOR'S SERVICES: 15 The CONTRACTOR agrees to provide professional services as described below 16 and more specifically described in the Response to the COUNTY's RFQ No. 031-5359: 17 PREVENTIVE MAINTENANCE 18 There shall be scheduled monthly visits during April through October, during 19 which all heavy equipment will receive air conditioning maintenance services , as 20 identified under the Preventive Maintenance Monthly Check-up section in the 21 COUNTY's RFQ No. 031-5359 . 22 REPAIR SERVICE 23 Calls for repair service shall be responded to as quickly as possible, but shall not 24 exceed 48 hours after receiving a report of a failure . Components covered under this 25 Agreement shall include , but not be limited to : compressor, compressor clutch , A/C 26 compressor drive belt(s), hoses, fittings, switches, blower motors and wheels, 27 condenser coil , evaporator coil, expansion valve, receiver drier, accumulator tank, 28 2 1 refrigerant, thermostat, and wiring for A/C system. Engine fan assemblies are expressly 2 excluded and shall not be covered under this Agreement. 3 All work will be performed on SITE during hours of operation wh ich are as 4 follows : 5 Monday-Friday from 7 :00 a.m . to 4:00 p.m . 6 Saturday from 8 :00 a .m . to 2:30 p.m. 7 The SITE is closed on Sundays , New Year's Day , Thanksgiving Day and 8 Christmas Day. 9 IV. COUNTY'S OBLIGATIONS: 10 The COUNTY will: 11 A. Compensate the CONTRACTOR as provided in this Agreement. 12 B. Provide a "COUNTY Representative" who will represent the COUNTY and 13 who will coordinate with the CONTRACTOR as appropriate to facilitate 14 CONTRACTOR's performance under the provisions of this Agreement. The COUNTY 15 Representative will be the COUNTY Director of Department of Public Works and 16 Planning or his/her designee. The CONTRACTOR shall communicate and coordinate 17 with the COUNTY Representative who will provide the following services : 18 1. Examine documents submitted to the COUNTY by the 19 CONTRACTOR and timely render decisions pertaining thereto . 20 2 . Provide communication between the CONTRACTOR and COUNTY 21 officials and commissions (including user Department). 22 3. Provide right of entry on designated property for accomplishment of 23 uthorized work. 24 C. Give reasonably prompt consideration to all matters submitted by the 25 CONTRACTOR for approval, so as to avoid any substantial delays in the 26 CONTRACTOR's performance of the work . An approval, authorization or request to the 27 CONTRACTOR given by the COUNTY will only be binding upon the COUNTY under 28 the terms of this Agreement if in writing and signed on behalf of the COUNTY by the 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 COUNTY Representative or a designee , except under those limited circumstances expressly specified herein . V . COMPENSATION: A. Total Compensation : 1. Notwithstanding any other provision in this Agreement, the maximum Total Compensation amount for services under this Ag reement shall not exceed a total annual amount of $25 ,000 for each year this Agreement is in effect , for a total contract maximum of $125,000 for the entire potential five (5) year term of the agreement ; comprised of a Preventive Maintenance Service Allocation of $85.00 per vehicle , per month for the months of April through October and a Repair Service Allocation for charges up to $10 ,125 annually B. Preventive Maintenance : 1. Notwithstanding any other provision in this Agreement , the Preventive Maintenance Allocation for the Services required under Artic le Ill shall be computed at the cost rates included in Attachment "B" and shall be limited to a maximum of $14,875 annually. These rates as listed herein are to remain in effect fo r the entire duration of this Agreement. C. Repair Services : 1. Repair Services consisting of replacement, corrective repa ir or maintenance work identified by the CONTRACTOR during regular SITE visits or initiated by a call for Repair Services by COUNTY staff. This work is essential for proper equipment operation ; however, it is considered work that can be scheduled to allow for procurement of materials or equipment or assignment of personnel. The CONTRACTOR shall provide a quote to the COUNTY for all Repair Services. 2. A maximum allocation of $10 ,125 annually to pay for authorized Repair Services is provided herein by this Agreement. 3. The CONTRACTOR shall not undertake any Repair Services without the advance written authorization of the COUNTY Representative . The 4 1 CONTRACTOR and the COUNTY shall expressly confirm in writing the authorization 2 and cost for any such services before the CONTRACTOR initiates any work thereon. 3 4. Charges for Repair Services shall be based on the 4 CONTRACTOR's proposed labor rates and parts pricing methodology as stated in the 5 CONTRACTOR's RFQ No. 031-4896 Response, Attachment "B" hereto. 6 5. In the event COUNTY expressly authorizes Repair Services, 7 CONTRACTOR shall keep complete records showing the hours and description of 8 activities worked by each person who works on the project and all costs and charges 9 applicable to the Repair Services work authorized. Should there be a claim for payment 10 for Repair Services, the CONTRACTOR agrees and acknowledges that the claimant 11 shall specifically identify the activity, performer of the activity, reason for the activity, and 12 COUNTY official requesting the activity, and that failure to do will result in denial of the 13 claim. CONTRACTOR shall be responsible for all sub-contractors keeping similar 14 records . Consistent with the provisions of Article VIII, Section D, the CONTRACTOR 15 shall not stop the work, including the work in other areas unrelated to the Repair 16 Services request or claim, unless the Parties agree that the project work cannot 17 proceed while a claim or request for Repair Services is being evaluated. 18 19 20 21 22 23 24 25 26 27 28 D. Payments : 1. Payments will be made by the COUNTY upon receipt and approval of the CONTRACTOR's monthly invoices based on the COUNTY's evaluation of the completion of the respective components of the task(s). Invoices shall clearly identify each task to which the work pertains, clearly identify charges for tasks authorized as Repair Services and shall be submitted with the documentation identified in Article V .D.4. Invoices shall be submitted to: Resources Division Attn : Landfill Operations Manager County of Fresno Department of Public Works and Planning 2220 Tulare Street, Sixth Floor Fresno, CA 93721-2106 5 1 2 . Upon receipt of a proper invoice, the COUNTY's Department of 2 Public Works and Planning will take a maximum of ten (1 0) working days to review, 3 approve, and submit it to the COUNTY's Auditor-Controller/T reasurer-Tax Collector. 4 Unsatisfactory or inaccurate invoices may be returned to the CONTRACTOR for 5 correction and resubmittal. Payment will be issued to CONTRACTOR w ith in forty (45) 6 calendar days of the date the Auditor-Controller/Treasurer-Tax Collector receives and 7 approves the invoice. 8 3 . An unresolved dispute over a possible error or omission may cause 9 payment of CONTRACTOR charges in the disputed amount to be withheld by the 10 COUNTY. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 . Concurrently with the invoices , the CONTRACTOR shall provide its certification acceptable to the COUNTY, and shall provide , on COUNTY request , copies of issued checks, receipts , or other COUNTY pre-approved documentation , sufficient to establish to COUNTY's satisfaction that complete payment has been made to all subcontractors as provided herein for all previous invoices paid by the COUNTY . 5. Fina l invoice shall be submitted to COUNTY no later than sixty (60) days after work is completed . 6 . In the event the COUNTY reduces the scope of this Agreement, the CONTRACTOR will be compensated on a pro rata basis for actual work completed and accepted by the COUNTY in accordance with the terms of th is Agreement. VI. COMPENSATION RECORDS: The CONTRACTOR shall keep complete records showing the hours and description of activ ities performed by each person who performs work and all associated costs or charges applicable to work covered either as Prevent ive Maintenance or approved Repair Services. The CONTRACTOR will be responsible for all sub-contractors keeping similar records . VII. AUDITS ACCOUNTING AND INSPECTIONS ACCESS: A . The CONTRACTOR shall at any time during regular business hours, and 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 as often as the COUNTY may deem necessary, make available to the COUNTY's Auditor-Controller!Treasurer-Tax Collector, or their authorized representatives for 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) VIII. ERRORS OR OMISSION CLAIMS AND DISPUTES: A. Definitions : 1. A "CONTRACTOR" is a duly licensed provider of professional services, acting as a business entity (owner, partnership, corporation, joint venture or other business association) in accordance with the terms of an Agreement with the COUNTY. 2. A "Claim" is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of contract terms, payment of money, extension of time, change orders, or other relief with respect to the terms of the contract. The term "Claim" also includes other disputes and matters in question between the COUNTY and CONTRACTOR arising out of or relating to the contract. Claims must be made by written notice. The provisions of Government Code section 901, et seq., shall apply to every claim made to COUNTY. The responsibility to substantiate claims shall rest with the party making the claim. The term "Claim" also includes any allegation of an error or omission by the CONTRACTOR. B. In the spirit of cooperation between the COUNTY and CONTRACTOR, the following procedures are established in the event of any claim or dispute alleging an error, omission, or negligent act of the CONTRACTOR. 1. Claims, disputes or other matters in question between the parties, 7 1 arising out of or relating to this Agreement , shall not be subject to arbitration , but shall 2 be subject to the following procedures. 3 2 . The COUNTY Representative or his/her designee and 4 CONTRACTOR shall meet and confer and attempt to reach agreement on any dispute, 5 including what damages have occurred, the measure of damages and what proportion 6 of damages , if any, shall be paid by either party . The parties agree to consult and 7 consider the use of mediation or other form of dispute resolution prior to resort ing to 8 lit igation . 9 3 . If the COUNTY and CONTRACTOR cannot reach agreement unde 10 Article VIII.B .2., the disputed issues may, upon concurrence by all parties, be submitted 11 to a panel of three (3) for a recommended resolution . The CON T RACTOR and the 12 COUNTY shall each select one (1) member of the panel, and the third member shall be 13 selected by the other two panel members . The discovery rights provided by California 14 Code of Civil Procedure for civil proceedings shall be available and enforceable to 15 resolve the disputed issues . Either party requesting this dispute reso lution process 16 shall, when invoking the rights to this panel , give to the other party a notice describing 17 the claims , disputes and other matters in question. Prior to twenty (20) days before the 18 initial meeting of the panel, both parties shall submit all documents such party intends to 19 rely upon to resolve such dispute . If it is determined by the panel that any party has 20 relied on such documentation, but has failed to previously submit such documentation 21 on a timely basis to the other party, the other party shall be ent itled to a 20-day 22 continuance of such initial meeting of the panel. Issuance of the panel 's recommended 23 decision is not a condition precedent to arbitration, mediation or litigation . 24 4 . Upon receipt of the panel's recommended resolution of the dispute 25 ssues , the COUNTY and the CONTRACTOR shall again meet and confer and attempt 26 o reach agreement. If the parties still are unable to reach agreement, each party shall 27 ave recourse to all appropriate legal and equitable remedies . 28 C. The procedures to be followed in the resolution of claims and disputes 8 1 may be modified at any time by mutual agreement of the parties hereto . 2 D. The CONTRACTOR shall continue to perform its obligations under this 3 Agreement pending resolution of any dispute, and the COUNTY shall continue to make 4 payments of all undisputed amounts due under this Agreement. 5 E. When a claim by either party has been made alleging the 6 CONTRACTOR's error, omission or negligent act, the COUNTY Representative or 7 his/her designee and the CONTRACTOR shall meet and confer within twenty-one (21) 8 days after the written notice of the claim has been provided. 9 IX . JOINDER OF PARTIES : 1 0 The CONTRACTOR, the CONTRACTOR's cont ractors of any tier, 11 subcontractors of any tier, suppliers and construction lenders shall all be bound by the 12 dispute resolution provisions of this Agreement, and immediately upon demand of 13 COUNTY or CONTRACTOR , shall participate in and shall become parties to the dispute 14 resolution process , provided they have signed any document that incorporates or refers 15 to the dispute resolution provisions of this agreement. Failure , whether intended or 16 inadvertent, of CONTRACTOR to ensure that such nonparties have signed such a 17 document shall inure only to CONTRACTOR 's detriment, if any there be . COUNTY 18 shall not suffer a detriment by CONTRACTOR's action or inaction in this regard. If such 19 a party after due notice fails to appear at and participate in the dispute resolution 20 proceedings , the panel established in accordance with the provisions of Article VIII.B .3. 21 shall make a decision based on evidence introduced by the party or parties who do 22 participate . 23 X . INDEPENDENT CONTRACTOR: 24 A. In performance of the work , duties, and obligations assumed by 25 CONTRACTOR under this Agreement , it is mutually understood and agreed that 26 CONTRACTOR, including any and all of CONTRACTOR's officers, agents and 27 employees, w ill at all times be acting and performing as an independent contractor, and 28 shall act in an independent capacity and not as an officer, agent, servant , employee, 9 1 joint venturer, partner or associate of the COUNTY . Furthermore , COUNTY shall have 2 no right to control or supervise or direct the manner or method by which CONTRACTOR 3 shall perform its work and function . However, COUNTY shall retain the right to 4 administer this Agreement so as to verify that CONTRACTOR is performing its 5 obligations in accordance with the terms and conditions thereof. CONTRACTOR and 6 COUNTY shall comply with all applicable provisions of law and the rules and 7 regulations , if any , of Governmental authorities having jurisdiction over matters the 8 subject thereof. 9 B. Because of its status as an independent contractor, CONTRACTOR shall 10 have absolutely no right to employment rights and benefits available to COUNTY 11 employees. CONTRACTOR shall be solely liable and responsible for providing to , or on 12 behalf of its employees all legally-required employee benefits. In addition , 13 CONTRACTOR shall be solely responsible and save COUNTY harmless from all 14 matters relating to payment of CONTRACTOR 's employees , including compliance with 15 Social Security, withholding , and all other regulations governing such matters . It is 16 acknowledged that during the term of this Agreement CONTRACTOR may be providing 17 services to others unrelated to the COUNTY or to this Agreement. 18 XI. PARTIES BOUND BY AGREEMENT: 19 This Agreement shall be binding upon the COUNTY, the CONTRACTOR , and 20 their successors in interest, legal representatives, executors, admin istrators, and 21 assigns with respect to all covenants as set forth herein . 22 XII. REQUIRED APPROVALS: 23 It is understood that the CONTRACTOR shall not assign , sublet, subcontract, or 24 transfer CONTRACTOR's rights or obligations in this Agreement without the prior 25 express, written consent of the COUNTY . Such approval shall only be given by the 26 COUNTY's Representative or his/her designee. 27 XIII. COMPLIANCE WITH LAWS : 28 10 1 CONTRACTOR shall comply with Federal, State, and local laws, ordinances, 2 regulations, and Fresno County Charter provisions applicable and in effect when 3 professional services are performed. 4 XIV. GOVERNING LAW: 5 A. Any controversy or claim arising out of or relating to this Agreement which 6 cannot be amicably settled without court action shall be litigated either in a state court 7 for Fresno County, California, or in the U.S . District Court for the Eastern District of 8 California, located in Fresno County. 9 B . The rights and obligations of the parties and all interpretations and 1 0 performance of this Agreement shall be governed in all respects by the laws of the State 11 of California. 12 XV. AMENDMENTS: 13 Any changes to this Agreement requested either by the COUNTY or 14 CONTRACTOR may be effected only if mutually agreed upon in writing by each of the 15 parties hereto. This Agreement shall not be modified or amended, nor shall any rights 16 of a party hereto be waived, except by such a writing. 17 XVI. CONTRACTOR'S LEGAL AUTHORITY: 18 Each individual executing this Agreement on behalf of CONTRACTOR hereby 19 covenants, warrants, and represents: (i) that he or she is duly authorized to execute 20 and deliver this Agreement on behalf of such corporation in accordance with a duly 21 adopted resolution of the corporation's board of directors and in accordance with such 22 corporation's articles of incorporation or charter and bylaws; (ii) that this Agreement is 23 binding upon such corporation; and (iii) that CONTRACTOR is a duly organized and 24 legally existing corporation in good standing in the State of California . 25 XVII. HOLD HARMLESS: 26 CONTRACTOR shall hold harmless and indemnify COUNTY, its officers, agents, 27 and employees, against the payment of any and all costs and expenses (including 28 reasonable attorney fees and court costs), damages, claims, suits, losses, and liability 11 1 for bodily and personal injury to or death of any person or for loss of any property 2 resulting from or arising out of any wrongful acts, errors or omissions of 3 CONTRACTOR, its officers, agents, and employees, in performing or failing to perform 4 any work, services, or functions under this Agreement. 5 XVIII. INSURANCE: 6 A. Prior to commencing the duties under the Agreement with the COUNTY, 7 the CONTRACTOR shall furnish the COUNTY, at no additional cost to the COUNTY, 8 certificates for the following insurance policies which shall be kept in force during the 9 term of the Agreement (i.e., until the Agreement is terminated or it expires), and for such \ 10 additional time as may be specified herein with respect to a particular type of policy. 11 1. Commercial General Liability Insurance with limits of not less than 12 One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two 13 Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. The 14 COUNTY may require specific coverages including completed operations, products 15 liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any 16 other liability insurance deemed necessary because of the nature of this contract. 17 2. Comprehensive Automobile Liability Insurance with limits for bodily 18 injury of not less than Two Hundred Fifty Thousand Dollars ($250,000 .00) per person, 19 Five Hundred Thousand Dollars ($500 ,000 .00) per accident and for property damages 20 of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined 21 single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include 22 owned and non-owned vehicles used in connection with this Agreement. 23 3 . A policy of Worker's Compensation insurance as may be required 24 by the California Labor Code . 25 CONTRACTOR shall obtain endorsements to the Commercial 26 General Liability insurance naming the COUNTY of Fresno, its officers , agents, and 27 employees, individually and collectively, as additional insured, but only insofar as the 28 operations under this Agreement are concerned . Such coverage for additional insured 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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. 13 1 All policies shall be issued by admitted insurers licensed to do 2 business in the State of California, and such insurance shall be purchased from 3 companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. 4 XIX. TERM: 5 A. CONTRACTOR shall diligently proceed with the agreed scope of services 6 and shall provide such services in a timely manner. Failure of the CONTRACTOR to 7 provide such services on a timely basis, is sufficient cause to terminate this Agreement 8 immediately, at the option of the COUNTY, in accordance with Article XX. B., unless the 9 delay is attributable to the COUNTY or State . 10 B. This Agreement shall become effective on the date of execution, and shall 11 remain in effect for a term of three (3) years . This Agreement may renew on its 12 anniversary date for a maximum of two (2) additional one (1) year terms, upon written 13 authorization of the Director of Public Works, or his/her designee, and written 14 concurrence of the CONTRACTOR. 15 XX. TERMINATION OF AGREEMENT: 16 A. This Agreement may be terminated without cause at any time by the 17 COUNTY upon thirty (30) calendar days written notice . If the COUNTY terminates this 18 Agreement, the CONTRACTOR shall be compensated for services satisfactorily 19 completed to the date of termination based upon the compensation rates and subject to 20 the maximum amounts payable hereunder as agreed to in Article V, together with such 21 additional services satisfactorily performed after termination which are expressly 22 authorized by the County Representative to conclude the work performed to date of 23 termination. 24 B. The COUNTY may immediately suspend or terminate this Agreement in 25 whole or in part, where in the determination of the COUNTY there is: 26 1. An illegal or improper use of funds; 27 28 2 . A failure to comply with any term of this Agreement; 14 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 3 . A substantially incorrect or incomplete report submitted to the COUNTY; 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 and as determined in accordance with the procedures of Article VIII, "Errors or Omissions Claims and Disputes ", were not expended in accordance w ith the terms of th is Agreement. The CONTRACTOR shall promptly refund any such funds upon demand . D . 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. XXI. 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 , comm itments , writings , advertisements , publications , and understandings of any nature whatsoever unless expressly included in this Agreement. XXII. 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 15 1 they are a party to while CONTRACTOR is providing goods or performing services 2 under this Agreement. A self-dealing transaction shall mean a transaction to which the 3 CONTRACTOR is a party and in which one or more of its directors has a material 4 financial interest. Members of the Board of Directors shall disclose any self-dealing 5 transactions that they are a party to by completing and signing a Self-Dealing 6 Transaction Disclosure Form (Attachment "C" hereto), and submitting it to COUNTY 7 prior to commencing with the self-dea ling transaction or immed iately thereafter . 8 XXIII. SEVERABILITY: 9 Should any provision herein be found or deemed to be invalid , this Agreement 1 0 shall be construed as not containing such provision , and all other provisions which are 11 otherwise lawful shall remain in full fo rce and effect, and to this end the provisions of 12 this Agreement are hereby declared to be severable . 13 Ill 14 Ill 15 Ill 16 Ill 17 Ill 18 Ill 19 Ill 20 Ill 21 Ill 22 Ill 23 Ill 24 Ill 25 Ill 26 Ill 27 Ill 28 Ill 16 1 IN WITNESS WHEREOF, the parties hereto have executed this 2 Agreement as of the day and year first hereinabove written. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ken Nelson, President NVB EQUIPMENT 3808 E. JENSEN AVE. FRESNO, CA 93725 DATE: FOR ACCOUNTING USE Fund: Subclass: ORG No.: Account No.: 0700 15000 9026 7205 ATIEST: BERNICE E. SEIDEL, Clerk Board of Supervisors By:J\~ C\-rl t Deputy DATE: IL. ~ zc ts- REVIEWED & RECOMMENDED FOR APPROVAL ~£-u~ Alan Weaver, Director Department of Public Works and Planning APPROVED AS TO ACCOUNTING FORM Vicki Crow, C.P.A., Auditor- Controllerffreasurer-Tax Collector G:\4360Resources\STAFF FOLDERSicn<ckei\AGREEMENTS\RvsdDratt.NVBContract docm 17 Attachment "A" I COUNTY OF FRESNO REQUEST FOR QUOTATION NUMBER: 031-5359 HEAVY EQUIPMENT A/C MAINTENANCE AND REPAIR October 15, 2015 PURCHAS IN G USE C:\USERSIEFRIASIA PPOA T A \LOCAL 1M ICROSOFnWINDOWS\ TEMPORARY INTERNET FILES \CONTENT .OUTLOOK\WQM7AUG3 \031-5359 HEAVY EQUIPMENT AC IMPORTANT: SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER, CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO, Purchasing 4525 EAST HAMILTON AVENUE, 2"d Floor FRESNO, CA 93702-4599 CLOSING DATE OF BID WILL BE AT 2:00P.M., ON JUNE 24, 2015. QUOTATIONS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00P.M . All quotation information will be available for review after contract award . Clarification of specifications is to be directed to: Debbie Scharnick, e-mail countypurchasing@co.fresno.ca.us , phone (559) 600-7111. GENERAL CONDITIONS: See "County Of Fresno Purchasing Standard Instructions And Conditions For Request For Proposals (RFP'S) and Requests for Quotations (RFQ'S)" attached. Check County of Fresno Purchasing's Open Solicitations website at https://www2 .co.fresno.ca .us/0440/Bids/BidsHome.aspx for RFQ/RFP documents and changes. BIDDER TO COMPLETE UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE ATIACHED QUOTATION SCHEDULE AT THE PRICES AND TERMS STATED , SUBJECT TO THE "COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUEST FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S)"ATIACHED. Except as noted on individual items, the following will apply to all items in the Quotation Schedule. 1. Complete delivery will be made within ____ calendar days after receipt of Order. 2. A cash discount % _____ days will apply. COMPANY ADDRESS CITY STATE ZIP CODE TELEPHONE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS SIGNED BY PRINT NAME TITLE PD -010 (04/2015) Quotation No. 031-5359 COUNTY OF 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 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 Buyer 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 buyer 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. 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 . C:IUSERS\EFRIASIAPPDATAILOCALIMICROSOFT\WINDOWSITEMPORARY INTERNET FILESICONTENT.OUTLOOK\WQM7AUG3\031 -5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR.DOC 1A PD-01 0 (04/2015) Quotation No. 031-5359 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 Fonm W-9-Request for Taxpayer Identification Number and Certification and a California Fonm 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 ali-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 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, wh ich 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 RFPIRFQ 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 AgreemenUorder shall support a four-digit year fonmat 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. related expenses occasioned thereby from any unpaid balance due the C:\USERS\EFRIASIAPPDATA\LOCAL\MICROSOFT\WINDOWSITEMPORARY INTERNET FILESICONTENT .OUTLOOK\WQM7AUG3\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR.DOC 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 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. 18 PD-01 0 {04/2015) Quotation No. 031-5359 16 . PARTICIPATION : Bidder may agree to extend the terms of the resulting contract to other political subdivision, municipalities and tax-supported agencies. 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. 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 . 20. AUDITS & RETENTION: 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. 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. 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. 21 . DISCLOSURE-CRIMINAL HISTORY & CIVIL ACTIONS: 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, 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 0 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. 4525 E. Hamilton Avenue, Fresno , California 93702-4599. Appeals should address only areas regarding RFP contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of 22. DATA SECURITY: 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 Purchasing AgenUCAO within seven (7) working days after Purchasing's notification; except if, notified to appeal directly to the Board of Supervisors at the scheduled date and time . If the protesting bidder is not satisfied with Purchasing AgenUCAO's decision, the final appeal is with the Board of Supervisors. 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 C:\USERS\EFRIASIAPPDATA\LOCALIMICROSOFT\WINDOWSITEMPORARY INTERNET FILESICONTENT.OUTLOOK\WQM7AUG3\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR.DOC 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). 1C PD-01 0 (04/2015) Quotation No. 031-5359 No storage of COUNTY's private, confidential or sensitive data on any hard- disk drive, portable storage device or remote storage installation unless encrypted according to advance encryption standards (AES of 128 bit or higher). The COUNTY will immediately be notified of any violations , breaches or potential breaches of security related to COUNTY's confidential information, data and/or data processing equipment which stores or processes COUNTY data, internally or externally. COUNTY shall provide oversight to Contractor's response to all incidents arising from a possible breach of security related to COUNTY's confidential client information. Contractor will be responsible to issue any notification to affected individuals as required by law or as deemed necessary by COUNTY in its sole discretion . Contractor will be responsible for all costs incurred as a result of providing the required notification. 23 . PURCHASING LOCATION & HOURS: Fresno County Purchasing is located at4525 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 C:IUSERSIEFRIASIAPPDATA\LOCAL\MICROSOFnWINDOWSITEMPORARY INTERNET FILES\CONTENT .OUTLOOK\WQM7 AUG3\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR.DOC 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 Purchasing Agent. The Board has designated the County Administrative Officer as the Purchas ing Agent. Unless otherwise 1D PD-01 0 (04/2015) Quotation No. 031-5359 restricted, all necessary authority and responsibility has been delegated to the Purchasing Agent to satisfy the acquisition requirements of the County . The Purchasing Agent 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 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 Purchasing AgenUPurchasing 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 Purchasing Agent, 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 Purchasing AgenUPurchasing 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 Purchasing AgenUPurchasing 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 . C:\USERSIEFRIASIAPPDATA\LOCALIMICROSOFTIWINDOWSITEMPORARY INTERNET FILES\CONTENT.OUTLOOKIWQM7AUG3\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR.DOC 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 Concern ing 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. 1E PD -01 0 (04/2015) Quotation No. 031-5359 Page 2 TABLE OF CONTENTS BIDDING INSTRUCTIONS CONTRACT SERVICES AND SUPPLY .............................. 3 PARTICIPATION ........................................................................................................... 13 REFERENCE LIST ....................................................................................................... 14 AIR CONDITIONING MAINTENANCE FOR EQUIPMENT AT THE AMERICAN AVENUE DISPOSAL SITE ........................................................................................... 15 PREVENTIVE MAINTENANCE MONTHLY CHECK-UP .............................................. 16 EQUIPMENT LIST ........................................................................................................ 17 QUOTATION SCHEDULE ............................................................................................ 18 CHECK LIST ................................................................................................................. 19 KEY DATES RFQ Issue Date: May 28, 2015 Deadline for Written Requests for June 10, 2015 at 12:00 P.M. Interpretations or Corrections of RFQ: E-Mail: CountvPurchasing@co.fresno.ca .us RFQ Closing Date: June 24, 2015 at 2:00P.M. County of Fresno Purchasing 4525 E. Hamilton Avenue, 2"d Floor Fresno, CA 93702 C:\USERS\EFRIASIAPPDATAILOCALIMICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\WQM7AUG31031 ·5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR.DOC Quotation No. 031-5359 BIDDING INSTRUCTIONS CONTRACT SERVICES AND SUPPLY Page 3 The County of Fresno is soliciting bids to provide all labor, materials, equipment, permits, fees , taxes and insurance etc., to maintain and repair Air Conditioning on the heavy equipment located at American Avenue Disposal Site as specified herein . LOCAL VENDOR PREFERENCE AND DISABLED VETERAN BUSINESS ENTERPRISE BID PREFERENCE: The Local Vendor Preference and Disabled Veteran Business Enterprise Preference does 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 Wednesday, June 10, 2015 12:00 p.m., cut-off. Questions shall be delivered to County of Fresno Purchasing, 4525 E. Hamilton Avenue, Fresno, California 93702 or E-Mail : CountyPurchas ing@co .fresno.ca .us . NOTE: Time constraints will prevent County from responding to questions submitted after the cutoff 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: The County of Fresno reserves the right to make the award on the basis of the entire group or on a per line item basis. The award will be made in a manner determined to be to the best advantage of the County. The County will 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 wa ive informalities or irregularities in bids . AUTHORIZED CONTACT: All communication regarding this RFQ shall be directed to an authorized representative of County Purchasing . The specific buyer managing this RFQ is identified on the cover page, along with his or her telephone number, and he or she should be the primary point of contact for discussions or information pertaining to the RFQ. Contact with any other County representative, including elected officials, for the purpose of discussing this C:IUSERS\EFRIASIAPPDATAILO CALIMICROSOFnWINDOWSITEMPORARY INTERNET FILES\CONTENT.OUTLOOK\WQM7AUG3\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR .DOC Quotation No. 031-5359 Page 4 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. CODES AND REGULATIONS: All work and material to conform to all applicable state and local building and other codes and regulations. NUMBER OF COPIES: Submit one (1) original, with two (2) *reproducible compact discs and one (1) copy 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 . 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". *Bidder shall submit two (2) reproducible compact discs (e.g.: PDF file) containing the complete quotation. Compact discs should accompany the original and should be inserted in an attached sleeve or envelope in the front of the bid to insure the discs are not misplaced. FIRM QUOTATION: All quotations shall remain firm for at least ninety (90) 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. SPECIFICATIONS AND EQUALS: Brand names, where used, are a means of establishing quality and style. Bidders are invited to quote their equals. Alternate offers are to be supported by literature, which fully describes items that you are bidding . No exceptions to or deviations from this specification will be considered unless each exception or deviation is specifically stated by the bidder, in the designated places. If no exceptions or deviations are shown, the bidder will be required to furnish items exactly as specified herein. The burden of proof of compliance with this specification is the responsibility of the bidder. LITERATURE : Bidders shall submit literature, which fully describes items on which they are bidding, not later than the closing date of this bid . Any and all literature submitted must be stamped with bidders name and address . C:IUSERSIEFRIASIAPPDATAILOCALIMICROSOmWINDOWSITEMPORARY INTERNET FILESICONTENT .OUTLOOKIWQM7AUG3\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR. DOC Quotation No. 031-5359 Page 5 MERCHANDISE RETURNABLE FOR FULL CREDIT: Bidder agrees to accept for full credit any merchandise sold by him on contract or award resulting from this bid, if returned in good condition by the County. GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for wh ich they are designed. 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. C:IUSERSIEFRIASIAPPDATAILOCALIMICROSOFTIWINDOWSITEMPORARY INTERNET FILES\CONTENT .OUTLOOK\WQM7AUG3\031 -5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR . DOC Quotation No. 031-5359 Page 6 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. 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 agenc ies 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 American Avenue Disposal Site, 2220 Tulare Street, 61h Floor, Fresno, CA 93721 . Reference shall be made to the purchase order/contract number and equipment number if applicable on the invoice. PAYMENT: County will make partial payments for all purchases made under the contract/purchase order and accumulated during the month . 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 County of Fresno American Avenue Disposal Site 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 C:IUSERSIEFRIASIAPPDATAILOCALIMICROSOFnWINDOWSITEMPORARY INTERNET FILESICONTENT .OUTLOOKIWQM7AUG3\031·5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR .DOC Quotation No. 031-5359 Page 7 the COUNTY. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function . However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of the Agreement, Contractor may be providing services to others unrelated to the County or to the Agreement. SELF-DEALING TRANSACTION DISCLOSURE: Contractor agrees that when operating as a corporation (a for-profit or non-profit corporation), or if during the term of the agreement the Contractor changes its status to operate as a corporation, members of the Contractor's Board of Directors shall disclose any self-dealing transactions that they are a party to while Contractor is providing goods or performing services under the agreement with the County. A self-dealing transaction shall mean a transaction to which the Contractor is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Fresno County Self-Dealing Transaction Disclosure Form and submitting it to the County prior to commencing with the self-dealing transaction or immediately thereafter. HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save, hold harmless and at County's request, defend the County, its officers, agents and employees, from any and all costs and expenses, 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. MATERIALS TO BE NEW: All materials shall be new and of merchantable grade, free from defect. No bid will be considered unless it is accompanied by a complete list of manufacturer's catalog numbers of the items, which the bidder proposes to furnish, together with full descriptive literature on all items so enumerated. If item proposed differs from these specifications, bidder shall present specific explanation of functioning and structural characteristics for those details which differ from the specifications listed herein. EXAMINATION OF SITE: Where work is to be performed on County site, each bidder shall have examined the site of work before bidding and shall be responsible for having acquired full knowledge of the job and of all problems affecting it. No variations or allowance from the contract sum will be made because of lack of such examination. 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. C:\USERS\EFRIASIAPPDATA\LOCALIMICROSOFnWINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\WQM7AUG3\031·5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR .DOC Quotation No. 031-5359 Page 8 CLEAN UP: The Contractor shall at all times, keep the premises clean from accumulation of waste materials or rubbish caused by his employees or work and shall remove all resulting work debris from the job site. WATER, POWER & TOILET FACILITIES: Successful bidder may use County owned water, power and toilet facilities at job site (when existing) at no expense to the successful bidder. Successful bidder will be required, however, to provide piping, fittings and other items as necessary to bring water and power from existing service to job site. COORDINATE WORK WITH OWNER: Successful bidder shall coordinate and schedule the work with the County so that any interruption to the normal business operations be kept to a minimum. INSPECTION: All material and workmanship shall be subject to inspection, examination and test by the County at any and all times during which manufacture and/or construction are carried on. The County shall have the right to reject defective material and workmanship or require its correction . SUPERVISION: The Contractor shall give efficient supervision to the work, using therein the skill and diligence for which he is remunerated in the contract price. He shall carefully inspect the site and study and compare all drawings, specifications and other instructions, as ignorance of any phase of any of the features or conditions affecting the contract will not excuse him from carrying out its provisions to its full intent. STANDARD OF PERFORMANCE: All work shall be performed in a good and workmanlike manner. SAFEGUARDS: The contractor shall provide safeguards, in conformity with all local codes and ordinances as may be required . 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:IUSERSIEFRIASIAPPDATAILOCALIMICROSOFTIWINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\WQM7AUG3\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR.DOC Quotation No. 031-5359 Page 9 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 American Avenue Disposal Site, 2220 Tulare Street, sth Floor, Fresno, CA 93721, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies ; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance , or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided, the COUNTY may, in addition to other remedies it may have , suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California . Insurance purchased shall be purchased from companies possessing a current A.M . Best, Inc . rating of A FSC VII or better. 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. C:\USERSIEFRIASIAPPDATA\LOCAL\MICROSOFnWINDOWSITEMPORARY INTERNET FILES\CONTENT.OUTLOOK\WQM7 AUG3\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR.DOC Quotation No. 031-5359 Page 10 BIDDER TO COMPLETE: Name of Insurance Carrier: Public Liability: Expires: Automotive Insurance: Expires: Worker's Compensation: Expires: Proof of maintenance of adequate insurance will be required before award is made to vendor. GUARANTEE: The bidder shall state his written guarantee here: ADDITIONAL ITEMS: The County may require additional items from those in bid schedule. Price list for additional items: State Purchase Order mailing address: SUBCONTRACTORS: List all subcontractors that would perform work in excess of one/half of one percent of the total amount of your bid, and state general type of work such subcontractor would be performing: C:\USERSIEFRIASIAPPDATAILOCALIMICROSOFTiWINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\WQM7AUG3\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR.DOC Quotation No. 031-5359 CONTRACTOR'S LICENSE: Bidder to possess appropriate license for the project, in accordance with current regulations/statutes. Number and Class: Date of Issue: BONDS: PERFORMANCE BOND: The successful bidders may be required to furnish a faithful performance bond. Page 11 BONDS: The successful bidder will be required to furnish a Faithful Performance Bond and a Labor and Materials Bond in an amount equal to one hundred percent (1 00%) of the contract price. BONDING COMPANY: The company issuing bonds shall be a corporate surety admitted by the California Insurance Commissioner to do business in the State of California with an AM Best rating of B++ VIII or better. COORDINATION AND COMPLETION: The successful bidder shall contact and meet with the County Coordinator at the job site prior to commencement and completion of any work. Successful bidder shall complete the job as instructed and described in writing by the contract, bid or amendment. Any problem or questions that arise in the scope of work, the County must be contacted and the appropriate written amendment generated. GUARANTEE: The successful bidder shall fully guarantee all aspects of the project for the minimum period of one (1) year. Such one (1) year period shall commence upon the date of final acceptance by County. The guarantee shall include but in no way be limited to workmanship, equipment and materials. 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 C:\USERSIEFRIASIAPPDATAILOCALIMICROSOFnWINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOKIWQM7AUG3\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR. DOC Quotation No. 031-5359 Page 12 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. C:IUSERSIEFRIASIAPPDATAILOCALIMICROSOFnWINDOWS\TEMPORARY INTERNET FILESICONTENT .OUTLOOK\WQM7AUG3\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR.DOC Quotation No. 031-5359 Page 13 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. D Yes, we will extend contract terms and conditions to all qualified agencies within the Central Valley Purchasing Group and other tax supported agencies. D No, we will not extend contract terms to any agency other than the County of Fresno . (Autho rized Signature) Title C:\USERSIEFRIASIAPPDATA\LOCALIMICROSOFnWINDOWSITEMPORARY INTERNET FILESICONTENT.OUTLOOKIWQM7AUG3\031·5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR.DOC Quotation No. 031-5359 Page 14 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. C:\USERSIEFRIASIAPPDATAILOCALI MICROSOFnWINDOWSITEMPORARY INTERNET FILESICONTENT .OUTLOOK\WQM7 AUG3\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR .DOC Quotation No. 031-5359 Page 15 AIR CONDITIONING MAINTENANCE FOR EQUIPMENT AT THE AMERICAN AVENUE DISPOSAL SITE GENERAL INFORMATION: The County of Fresno owns and operates the American Avenue Disposal Site (AADS), which is located approximately 26 miles west of Fresno on American Avenue. AADS receives approximately 1 ,500 tons of refuse per day. All equipment at AADS is operated in extreme weather conditions indicative of the San Joaquin Valley (fog, hot, cold, windy and rainy). The presence of dust is typical of the site conditions . American Avenue Disposal Site-Open Monday-Friday from 7 :00a.m. to 3:00p.m.; Saturday from 8:00a.m. to 2:30p.m.; Sunday Closed. AADS is closed on New Year's Day, Thanksgiving Day and Christmas Day. SCOPE OF WORK: It is the intent of this Request for Quotation (RFQ) to obtain an agreement for Preventive Maintenance and Repair Services of air conditioning systems on the equipment at the American Avenue Disposal Site. The Preventive Maintenance section of the agreement shall require the awarded vendor to schedule monthly visits during April through October. During the scheduled visits, all systems shall be inspected as stated on the following page. Evaporator and condenser coils will be cleaned and filters shall be cleaned and replaced as needed. Any damaged or faulty equipment discovered during the inspection shall be repaired. Repair Service calls shall be responded to as quickly as possible, but shall not exceed 48 hours after receiving a report of a failure. Components covered under the Repair Service section of the agreement shall include, but not be limited to the following: compressor, compressor clutch, ale compressor drive belts, hoses, fittings, switches, blower motors and wheels, condenser coil, evaporator coil, expansion valve, receiver drier, accumulator tank, refrigerant, thermostat, wiring for ale system . The County will supply fresh air and recirculation filters as needed. Engine fan assemblies shall not be covered under the agreement. Bidder shall state the Labor Rate for Repair Service on the Quotation Schedule for regular time and overtime . Bidder shall provide Parts price sheets and state the cost extended to the County. Any other charges, such as travel, must be included in bidder's response to the RFQ. C:IUSERSIEFRIASIAPPDATA\LOCAL\MICROSOFnWINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOKIWQM7 AUG3\031·5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR.DOC Quotation No. 031-5359 PREVENTIVE MAINTENANCE MONTHLY CHECK-UP Monthly check-up shall include all of the following: Page 16 Inspection and cleaning of the Evaporator Coil to assure it is free of dust, leaves, and other foreign material which may have been drawn through the air filter. Remove debris by using a vacuum hose or air hose . Use care to prevent possible damage to near-by components such as blower wheels, wiring and capillary tubes. ASSURE THAT THE CONDENSATE DRAIN HOSE IS CLEAR OF ALL DEBRIS. The Condensate Coil should be periodically cleaned in the same way to remove insects, leaves, straw and other debris. Test belts for proper tension. Check alignment of the clutch to the drive pulley. Drive belt misalignment must not exceed .01 inch per inch. (1/8" per foot) or as stated in manufacturer's recommendations. If the system is a combination heater and air conditioning, check to assure WATER VALVE SHUTS OFF WATER FLOW TO THE HEATER CORE. Examine the sight glass to determine the level of Freon . Run the engine at 1200-1500 RPMs and return to idle. If bubbles appear continuously, there is a possibility of a refrigerant leak. IF THE AMBIENT TEMPERATURE IS BELOW 70 DEGREES FAHRENHEIT,THE SIGHT GLASS MAY SHOW BUBBLES EVEN WITH THE PROPER REFRIGERANT LEVEL. lr:1spect the hoses for abrasions or wear, particularly at bends, clamps, or in areas that may rub against parts of the machine. Check compressor discharge hose for bake out hardness close to compressor. Inspect the drain hose leading from the evaporator. It should not be forced into the unit as to cause looping which restricts the natural flow of moisture . Nuts and bolts on the compressor mounting bracket and clutch should be tightened securely before inspecting and adjusting the belt tension and pulley alignment. Recheck the pulley for alignment with the unit operating. C:IUSERSIEFRIASIAPPDATAILOCAL\MICROSOmWINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOKIWQM7AUG3\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR .DOC Quotation No. 031-5359 Page 17 EQUIPMENT LIST Equip.# Description Acquisition Date 0001 836H Compactor 3/27/2007 0102 D9-R Dozer 8/1/2011 0004 D9-R Dozer 8/6/2002 0005 D9-R Dozer 12/10/2007 0107 836H Compactor 2/25/2010 0108 836H Compactor 5/28/2010 0011 623F Scraper 10/10/1995 0012 633F Scraper 7/25/1996 0013 623F Scraper 8/2/2007 0014 623G Scraper 12/13/2006 0016 621 G H20 Wagon 3/27/2007 0019 Multi Terrain Loader 1/25/2008 0120 140M Motor Grader 3/31/2010 0022 John Deere Loader 6/27/2005 0027 Rasco Power Broom 3/5/1999 0128 Challenger Tractor 6/27/2011 0029 Vib Camp (Roller) 5/5/2005 0115 CT660 Water Truck New 0018 D6K LPG Dozer 5/7/2009 0048 Volvo Roll-off Bin Truck 2009 0049 Volvo Roll-off Bin Truck 2003 Equipment list subject to change over the duration of the agreement. C:\USERSIEFRIASIAPPDATA\LOCAL\MICROSOFnWINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOKIWQM7AUG3\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR.DOC Quotation No. 031-5359 QUOTATION SCHEDULE Preventative Maintenance Cost for scheduled monthly visit for April through October Repair Service State hourly rate (normal, overtime) State any other applicable charges (i.e. travel charge) Parts $ State County cost for parts (i.e . markup or percentage off of listed price) Provide parts price sheets with your response to this RFQ. Page 18 Per month, per machine C:\USERSIEFRIASIAPPDATAILOCAL\MICROSOFnWINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\WQM7AUG3\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR.DOC Quotation No. 031-5359 Page 19 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. Front page of the Request for Quotation (RFQ) has been signed (original signature) and completed. 2 . One (1) original and one (1) copy of the RFQ have been provided. 3. Two (2) reproducible compact discs 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, priced 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 . Specification, descriptions etc . for items offered under bidder(s) quotation . 11 . A description of the design and techniques that the bidder will use to complete the project. 12. 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. 031-5359 ----------------------------~· Closing Date: June 24, 2015 Closing Time: -'2=-c::...::O-=-O....::.P....::. • .:.:.M:.:... -------------------------------:• Commodity or Service : Heavy Equipment A/C Maintenance and Repair This Checklist does not need to be returned with your bid. C:IUSERSIEFRIASIAPPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FI LESICONTENT .OUTLOOK\WQM7AUG3\031·5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR. DOC Attachment "B" COUNTY OF FRES.NO REQUEST FOR QUOTATION NUMBER: 031-5359 I I A HEAVY EQUIPMENT A/C MAINTENANCE AND +EPAIR May 28, 2015 I PURCHASING USE G:\PUBLICIRFQIFY 2014 ·15\031 ·5359 HEAVY EtlUIPMENT AC MAINTENANCE AND ORG/Re uisition: 9026/9261500116 REPAIR\031 ·5359 HEAVY EQUIPMENT At MAINTEN ANC E AND REPAIR .OOC IMPORTANT: SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER, CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: ! COUNTY OF FRESNO, Purchasing 4525 EAST HAMIL TON AVENUE, znct Floor FRESNO, CA 93702-4599 I I I CLOSING DATE OF BID WILL BE AT 2:00 P.M., ON JUNE 24, 2015. I QUOTATIONS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLO~K READS 2 :00P.M. All quotation infonnation will be available for review after contract award. Clarification of specifications is to be directed to: Debbie Scharnick, e-mail countypurchasing®co.fresno.ca .us, phone (559) 600-7111. · 1 GENERAL CONDITIONS: See "County Of Fresno Purchasing Standard Instructions And Conditions For Reguest For Proposals (RFP'S) and Requests for Quotations (RFQ'S)" attached . Check County of Fresno Purchasing's Open Solicitations website at https://www2.co.fresno.ca.us/0440/Bids/BidsH ome.aspx for RFQ/RFP documents and changes. ! BIDDER TO COMPLETE I UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE ATTACHED QUOTATION SCHEDULE AT THE PRICES AND TERMS STATED, SUBJECT TO THE "COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUEST FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ 'S)"ATTACHED. I Except as noted on individual items, the following will apply to all items in the Quotation Schedule . 1. Complete delivery will be made within _ __::3:...__ calendar days after receipt of Order. I I I 2. A cash discount 0 NVB Equipment COMPANY 3808 E Jensen ADDRESS Fresno CITY ( 559) 496-3520 ~E PHONE NUMBER ~(2~ IGNED BY Michael Oddo PRINT NAME % 0 days will apply . CA ( 559) 496-3519 FACSIMILE NUMBER E-MAIL ADDRESS I Manager TITLE P0-01 0 (04/2015) Quotation No. 031-5359 COUNTY OF 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 . I GENERAL CONDITIONS I By submitting a bid the bidder agrees to the following conditions . These conditions will apply to all subsequent purchas~s based on this bid. 1. BID PREPARATION: or her telephone number, and he or Jhe should be the primary point of A) All prices and notations must be typed or written in ink. No erasures contact for discussions or information pertaining to the RFP/RFQ . permilted . Errors may be crossed out , initialed and corrections printed Contact with any other County rJpresentalive, including elected in ink by person signing bid . officials, for the purpose of discussipg this RFP/RFQ, its content, or any other issue concerning it , is !Prohibited unless authorized by Purchasing . Violation of this clause,~1 y the vendor having unauthorized contact (verbally or in writing) with s ch other County representatives, may constitute grounds for rejectio i by Purchasing of the vendor's 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 . Q) E) 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 . 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) B) C) 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 . Interpre tation : Should any discrepancies or omissions be found in the bid spec ifications or doub t as to their meaning , the bidder shall not ify the Buyer in writing at once . The County shall not be held responsible for verbal interpretations . Questions regarding the bid must be re ceived by Purchasing stated with in this document. All addenda issued shall be in writing , duly issued by Purchasing and incorporated into the contract. 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 buyer managing this RFP/RFQ is identified on the cover page , along with his quotation . 1 The above stated restriction onL vendor contact with County representatives shall apply until the ~ounty has awarded a purchase order or contract to a vendor or vend0rs, except as follows. First, in the event that a vendor initiates a form~! protest against the RFP/RFQ , such vendor may contact the appro~iate individual, or individuals who are managing that protest as outli ed in the County's established protest procedures . All such conta must be in accordance with the sequence set forth under the protest rocedures . Second, in the event a public hearing is sclheduled before~he Board of Supervisors to hear testimony prior to its approval of a urchase order or contract, any vendor may address the Board . D) Bids received after the closing time ill NOT be considered . E) Bidders are to bid what is specified r requested first. If unable to or unwilling to, bidder may bid alter alive or option, indicating all advantages, disadvantages and thei associated cost. 3. FAILURE TO BID : 4. A) If not bidding, return bid sheet and st te reason for no bid or your name . may be removed from mailing list. I TAXES , CHARGES AND EXTRAS: A) County of Fresno is subject to ialiforn ia sales and/or use ta x (8 .225%). Please indicate as a sepa ate line item if applicable . B) DO NOT include Federal Excise ax . County is exempt under Reg istration No. 94-73-03401-K . I I C) County is exempt from Federal Transportation Tax. Exemption certificate is not required where shi~ping papers show consignee as County of Fresno . J D) Charges for transportation, conta iners. packing , etc . will not be paid unless specified in bid . I I I I ! G:\PUBLICIRFQ\FY 2014-151031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR\031 -5359 HE AVY EQUIPMENT AC MAINTENANCE AND REPAIR.DOC 1A PD-010 (04/2015) Quotation No. 031-5359 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 ali-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: 8. 9. 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. 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 furn ished or used in connection with this bid. 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 : i I I I I vendor or by proceeding against 1ormance bond of the vendor, if any , or by suit against the vendor . T e prices paid by the County shall be considered the prevailing market rice at the time such purchase is made . B) Articles or services, which upon · elivery inspection do not meet specifications, will be rejected andrhe vendor will be considered in default. Vendor shall reimburse Cou ty for expenses related to delivery of non-specified goods or services. C) Regardless of F.O.B . point, vendo~ agrees to bear all risks of loss, injury or destruction to goods and materials ordered herein which occur prior to delivery and such loss, injut or destruction shall not release vendor from any obligation hereundj" 11. DISCOUNTS : 1 I Terms of less than fifteen (15) days for ca~h payment will be considered as net in evaluating this bid . A discount for p~yment 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 eceipt of invoice by the County. Standard terms are Net forty-five (45) day~. 12. SPECIAL CONDITIONS IN BID SCHEDJILE SUPERSEDE GENERAL CONDITIONS: The 'General Conditions· prov isions of thi 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 D ta Sheet for each product , which contains any substance on 'The List qf 800 Hazardous Substances", published by the State Director of lndu~rial Relations. (See Hazardous Substances Information and Training Ali:t, California State Labor Code Sections 6360 through 6399 . 7.) 14. RECYCLED PRODUCTS/MATERIALS : Vendors are encouraged to provide and q4ote (with documentation) recycled or recyclable products/materials which meet stated specifications. 15. YEAR COMPLIANCE WARRANTY: I Vendor warrants that any product furnish~pursuant to this AgreemenUorder shall support a four-digit year format and able to accurately process date and time data from, into and between the twentieth and twenty-first centuries, as well as leap year calculation . 'Product' shall include, without limitation, any piece or component of quipment, hardware, firmware, middleware, custom or commercial sotMare, or internal components or subroutines therein. This warranty shall sJrvive termination or expiration of this Agreement. ~ In the event of any decrease in product fu ctionalily or accuracy related to time and/or date data related codes and/or internal subroutines that impede the product from operating correctly using ales beyond December31, 1999, vendor shall restore or repair the product tq the same level of functionality as warranted herein, so as to minimize in1erruption to County's ongoing business process, time being of the essence. In the event that such warranty compliance requires the acquisition of add~ional programs, the expense for any such associated or additional acqui~itions, which may be required, including, without limitation, data conversi9n tools, shall be borne exclusively A) In case of default by vendor, the County may procure the articles or by vendor. Nothing in this warranty shall r construed to limit any rights or service from another source and may recover the cost difference and remedies the County may otherwise have nder this Agreement with respect related expenses occasioned thereby from any unpaid balance due the to defects other than year performance . G:IPUBLICIRFQ\FY 2014-151031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR\031-5359 16 I HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR.DOC I PD-010 (0412015) I Quo'tation No. 031-5359 16. PARTICIPATION: Bidder may agree to extend the terms of the resulting contract to other political subdivision, municipalities and tax-supported agencies . 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. Appeals should address only areas regarding RFP 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 witlh the decision of Purchasing, he/she shall have the right to appeal to the Purchasing AgenUCAO within seven {7) working days after Purchasing's notification; except if, notified to appeal directly to the Board of Supervisors at the scheduled date and time. If the protesting bidder is not satisfied with Purchasing AgenUCAO's decision, the final appeal is with the Board of Supervisors . 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 I authorized to work in the United St~tes pursuant to the Immigration Reform and Control Act of 1986 a d other applicable laws shall be employed in the performance of the ark hereunder. B) CONTRACTOR shall obey all Feder I, State, local and special district laws, ordinances and regulations. 20. AUDITS & RETENTION : The Contractor shall maintain in good nd legible condition all books, documents, papers, data files and other rbrds related to its performance under this contract. Such records shall be omplete and available to Fresno County, the State of California, the fe eral government or their duly authorized representatives for the purpos of audit, examination, or copying during the term of the contract and for a eriod of at least three (3) years following the County's final payment unde 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 & IVIL ACTIONS: Applies to Request for Proposal (RFP); does not apply to Request for Quotation (RFQ) unless specifically stat elsewhere in the RFQ document. In their proposal, the bidder is required t disclose if any of the following conditions apply to them , their owners, officers, corporate managers and partners (hereinafter collectively referred as 'Bidder"): • Within the three-year period precedi g the proposal, they have been convicted of, or had a civil judgment rendered against them for: o fraud or a criminal often e in connection with obtaining, attempting to obtain, or rforming a public (federal , state, or local) transaction or co tract under a public transaction; o violation of a federal or s te antitrust statute; o embezzlement, theft, f rgery, bribery, falsificat ion, or destruction of records; or 0 false statements or recei t of stolen property Within a three-year period preceding their roposal, they have had a public transaction (federal, state, or local) termin ted for cause or default. I 22 . DATA SECURITY : I Individuals and/or agencies that enter into!1 contractual relationship with the COUNTY for the purpose of providing ervices must employ adequate controls and data security measures, both nternally and externally to ensure and protect the confidential information an ·lor data provided to contractor by the COUNTY, preventing the potential los , misappropriation or inadvertent access, viewing, use or disclosure of CO NTY data including sensitive or personal client information; abuse of COUINJ TY resources; and/or disruption to COUNTY operations . Individuals and/or agencies may no~connect to or use COUNTY networks/systems via personally own mobile, wireless or handheld devices unless authorized by COUNTY f r telecommuting purposes and provide a secure connection ; up to date virP,s protection and mobile devices must have the remote wipe feature en1bled . Computers or computer peripherals including mobile storage devi:rs may not be used {COUNTY or Contractor device) or brought in for use. into the COUNTY's system(s) without prior authorization from COUNTY'~ Chief Information Officer and/or designee{s). I I G:\PUBLIC\RFQ\FY 2014·15\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR .DOC 1C I PD-010 {04/2015) I Quotation No. 031-5359 No storage of COUNTY's private, confidential or sensitive data on any hard-. disk drive, portable storage device or remote storage installation unless encrypted according to advance encryption standards (AES of 128 bit or higher). The COUNTY will immediately be notified of any violations, breaches or potential breaches of security related to COUNTY's confidential information, data and/or data processing equipment which stores or processes COUNTY data, internally or externally . COUNTY shall provide oversight to Contractor's response to all incidents arising from a possible breach of security related to COUNTY's confidential client information. Contractor will be responsible to issue any notification to affected individuals as required by law or as deemed necessary by COUNTY in its sole discretion. Contractor will be responsible for all costs incurred as a result of providing the required notification. 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 • Uncotn 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 Salarv Limitation Fresno from this contract requirements must set f rth the request for exemption , as well as a complete explanation of why th exemption should be granted, in the bidder's response to the RFP . On I the Board of Supervisors can approve such exemption . Policy Statement: Contractors shall limited to a maximum 15% administrative cost as compared to the to I program budget and employee benefits shall be limited to a maximum of 20% of salaries. The following language will be included i each applicable contract: 'The contractor agrees to limit administra ive cost to a maximum of 15% of the total program budget and to limit em toyee benefits to a maximum of 20% of total salaries for those employe s working under this agreement during the term of this agreement. Failure o conform to this provision will be grounds for contract termination at the op ion of the County of Fresno.' The above provision shall be applied to rer,ewal or multi-year contracts with non-profit organizations which primarily serve Fresno County and professional services contracts where 1 Fresno County is the sole client, such as : • Community based organization se ice contracts related to social services, health services, or probati · n services. • Cultural art program contracts. • Professional services contracts. This policy will not apply to contracts betw en the County and the Federal or State governments; or one-time contract . The Board of Supervisors will consider exemptions to this policy only pon the recommendation of the County Administrative Office. Management Responsibility: It shall be the responsibility of any County official authorized by the Board of Supervi ors to execute contracts or enter into agreements on behalf of the County !~review all applicable contracts to insure that this policy is fully enforced. It shall be the responsibility of the Count Administrative Officer to review requests for exemptions to this policy and o make recommendations to the Board of Supervisors on such requests fof exemption. ADMINISTRATIVE POLICY NUMBER 3J Fresno County Administrative Polley Nl'· 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~e awarded a contract for, the provision of services, procurement of good or supplies, or any other related action which is required, suggested, or oth rwise deemed appropriate in the end product of the consulting services co tract. Any bidder that wishes an exemption from this contract limitation us! set forth the request for exemption, as well as a complete ex plana ion of why the exemption should be granted, in the bidder's response t~ the RFP. Only the Board of Supervisors, on a four -fifths (4/5) vote findfg that such waiver is in the best County Administrative Policy No. 5 provides that in contracts with non-interests of the County, can waive this pol cy. profit organizations that primarily serve Fresno County and professional service contracts where Fresno County is the sole client, the contractors Definitions: Purchasing Authority and Re ponsibility -In accordance with must agree to the following contract language: "The contractor agrees to limit the State of California Government Code Section 25500 et seq., and the administrative cost to a maximum of 15o;. of the total program budget and to Fresno County Ordinance Code Chapter 2156, the Board of Supervisors has limit employee benefits to a maximum of 20% of total salaries for those established a County Purchasing Agent;. The Board has designated the employees working under this agreement during the term of the agreement. County Administrative Officer as the Pur asing Agent. Unless otherwise Failure to conform to this provision will be grounds for contract termination at restricted, al.l necessary au~ority and re~ ~nsibility. has been delegated to the option of the county of Fresno.· Any bidder that wishes an exemption the Purchasmg Agent to satisfy the acqwsltion reqwrements of the Co~nty . G:\PUBLIC\RFQIFY 2014-151031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR\031-5359 1D PD-010 (04/2015) HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR.DOC I I I Quo'tation No. 031-5359 The Purchasing Agent may defer day-to-<lay 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 extraord inary circumstances, a department head, requests an exception to competitive bidding . All such requests must be documented by the department head 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 Purchasing AgenUPurchasing 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 Purchasing Agent, 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 obtain ing 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 Purchasing AgenUPurchasing 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 prov isions 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 open ing 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 Purchasing AgenUPurchasing 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 Profess ional 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, an ual performance evaluation, and pertodic salary surveys are equivalent to mpetitive bids for independent law firms and attorneys contracting with he County on a fee for service basis . A salary survey for legal services shall conducted every two years . The select ion of and contracting with firm 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 re uisite legal expertise and price structure that would provide the best servi e to the County . County Counsel shall be involved throughout the process f selecting a firm, developing a contract, and monitoring the billing and ervices provided throughout the contract period . Prohibited Bids Concerning End Product f Consulting Contracts No person, firm, or subsidiary thereof whj has been awarded a consulting services contract by the County, shall be awarded a contract for the provision of services, procurement of goo s or supplies , or any other related action which is required, suggested, or oth rwise deemed appropriate in the end product of the consulting services co tract. This policy may be waived by the Board of Supervisors on a four-fi hs (4/5) vote finding that such waiver is in the best interests of the Coun y. Management Responsibility: The C unty Administrative Officer is responsible for preparing and issuing written procedures to assure compliance with this policy by all County ,fficials and departments . ADMINISTRATIVE POLICY NUMBER 71 Prohibiting the Use of Public Funds for Political Advocacy Fresno County Administrative Policy ~o. 71 provides that no County assets, including money, shall be used fol political campaigns of any type . Political campaigns are defined as politic I advocacy for or opposition to a matter or person that has qualified for the allot. No contract entered into by the County shall provide for use of Count monies for political campaigns . Polley Statement: Government assets, i luding money, grant funds, paid staff time, equipment and supplies, faciliti s or any other government asset shall not be used for political campaigns of any type. Political campaigns are defined as political advocacy for or opposi ion to a matter or person that has qualified for the ballot. Management Responsibility: Depart me t Heads shall be held responsible for ensuring that government assets wit in their control are not used to advocate for or against any matter or pers n that has qualified for the ballot. This section does not prohibit the expe€1diture of government assets to create and provide informational or educat anal materials regarding a matter that has qualified for the ballot. Such info alien or educational materials shall provide a fair, accurate and im artial presentation of relevant information relating to the matter that has~ualified for the ballot. However, government assets shall not be expen to create and provide such informational or educational materials in he 90 days prior to the election unless specifically authorized by the Boar of Supervisors or required by the Public Records Act or other law . I I G:IPUBLJC\RFQIFY 2014-15\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR.DOC 1E PD-{)10 (04/2015) Quotation No. 031-5359 Page 2 TABLE OF CONTENTS BIDDING INSTRUCTIONS CONTRACT SERVICES AND SUPPLY .............................. 3 PARTICIPATION ........................................................................................................... 13 REFERENCE LIST ....................................................................................................... 14 AIR CONDITIONING MAINTENANCE FOR EQUIPMENT AT THE AMERII AN AVENUE DISPOSAL SITE ......................................................................... J ............... 15 PREVENTIVE MAINTENANCE MONTHLY CHECK-UP ............................. .!.. .............. 16 EQUIPMENT LIST ........................................................................................................ 17 QUOTATION SCHEDULE ............................................................................................ 18 CHECK LIST ................................................................................................................ 19 KEY DATES RFQ Issue Date: May 28, 2015 Deadline for Written Requests for June 10, 2015 at 12:00 P.M. Interpretations or Corrections of RFQ: RFQ Closing Date: June 24, 2015 at 2:00P.M. County of Fresno Purchasing 4525 E. Hamilton Avenue, 2nd Floor Fresno, CA 93702 I i G:\PUBLICIRFQIFY 2014-15\031 -5359 HEAVY EQUIPMENT AC MA INTENANCE AND REPAIR\031 -5359 HEAVY EQUIPMENT AC MAitENANCE AND REPAIR . DOC I Quotation No. 031-5359 BIDDING INSTRUCTIONS CONTRACT SERVICES AND SUPPLY Page 3 The County of Fresno is soliciting bids to provide all labor, materials, equipment, p rmits, fees , taxes and insurance etc., to maintain and repair Air Conditioning on the heavy equ pment located at American Avenue Disposal Site as specified herein. LOCAL VENDOR PREFERENCE AND DISABLED VETERAN BUSINESS ENTE PRISE BID PREFERENCE: The Local Vendor Preference and Disabled Veteran Business E terprise Preference does 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, a ency , etc. which is offering the quotation and is identified on page one of this Request For Oiliotation (RFQ). I 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 , andiii issues concerning it. INTERPRETATION OF RFQ: Vendors must make careful examination of the req irements, specifications and conditions expressed in the RFQ and fully inform themselves a to the quality and character of services required . If any person planning to subm it a quotation fi ds d iscrepancies in or om issions from the RFQ or has any doubt as to the true meani g or interpretat ion, correction thereof may be requested in writing from Purchasing by ednesday, June 10, 2015 12:00 p.m., cut-off. Quest ions shall be delivered to County of Fresno Purchasing, 4525 E. Hamilton A lenue, Fresno , Cal ifornia 93702 or E-Mail : CountyPurchasing@co.fresno.ca .us . NOTE : Time constraints will prevent County from responding to questions submittJd after the cutoff date . Any change in the Request for Quotation will be made by written addendum issue by the County. The County will not be responsible for any other explanations or interpretJations . AWARD: The County of Fresno reserves the right to make the award on the basi of the entire group or on a per line item basis . The award will be made in a manner determined to be to the best advantage of the County. The County will be the sole judge in making such d termination . 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 urchase Order by Fresno County Purchasing . RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bidT and to waive informalities or irregularities in bids. 1 AUTHORIZED CONTACT: All communicati~n regarding t~is RFQ shall be ?irect~~ to a~ . authorized representative of County Purchasrng . The specific buyer managrng th1~RFQ 1s identified on the cover page, along with his or her telephone number, and he or sh should be the primary point of contact for discussions or information perta ining to the RFQ. ontact w ith any other County representative, including elected officials, for the purpose of disc ssing this G:IPUBLI CIRFQ\FY 2014 -15103 1-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR\031-5359 HEAVY EQUIPMENT AC MAINilENANCE AND REPAIR. DOC 1 Quotation No. 031-5359 Page 4 RFQ , it content, or any other issue concerning it , is prohibited unless authorized b Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in 1riting) with such other County representatives, may constitute grounds for rejection by Purchasing of the vendor's quotat ion . I The above stated restriction on vendor contact with County representatives shall a ply until the County has awarded a purchase order or contract to a vendor or vendors, except s follows . First , in the event that a vendor initiates a formal protest against the RFQ , such ve dor 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 ith the sequence set forth under the protest procedures . Second , in the event a public h scheduled before the Board of Supervisors to hear testimony prior to its approval order or contract, any vendor may address the Board. CODES AND REGULATIONS: All work and material to conform to all applicable building and other codes and regulations. NUMBER OF COPIES: Submit one (1) original, with two (2) *reproducible co and one (1) copy of your quotation no later than the quotation closing date and t i on the front of this document to County of Fresno Purchasing . Each copy to be id ntical to the o riginal , include all supporting documentation (e .g. literature , brochures, reports, s hedules etc.). The cover page of each quotation is to be appropriately marked "Original" or "Copy". *Bidder shall submit two (2) reproducible compact discs (e.g.: PDF file) con ining the complete quotation. Compact discs should accompany the original and sho ld be inserted in an attached sleeve or envelope in the front of the bid to insure th not misplaced. FIRM QUOTATION: All quotations shall remain firm for at least ninety (90) days . TAXES: The quoted amount must include all applicable taxes . If taxes are not sp cifically 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 .2 · 5% regardless of vendor's place of doing business. TAXES, PERMITS & FEES: The successful bidder shall pay for and include all fe eral , state and local taxes direct or indirect upon all materials; pay all fees for, and obtain all ecessary permits and licenses , unless otherwise specified herein. SPECIFICATIONS AND EQUALS: Brand names, where used, are a means of es ablishing quality and style . Bidders are invited to quote their equals. Alternate offers are to re supported by literature, which fully describes items that you are bidding. No exceptions to or deviations from this specification will be considered unless eaqh ~xception or deviation is specifically stated by the bidder, in the designated places. If no excfptrons or deviations are shown, the bidder will be required to furnish items exactly as specifi d herein. The burden of proof of compliance with this specification is the responsibility of the bidder. LITERATURE: Bidders shall submit literature , which fully describes items on whic they are bidding , not later than the closing date of this bid . Any and all literature submitted ust be stamped with bidders name and address. G:\PUBLIC\RFQIF Y 2014 -151031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR\031 -5359 HEAVY EQUIPMENT AC MAIN ENANCE AND REPAIR.DO C Quotation No. 031-5359 Page 5 MERCHANDISE RETURNABLE FOR FULL CREDIT: Bidder agrees to accept fo full credit any merchandise sold by him on contract or award resulting from this bid, if return d in good condition by the County. GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctio s when performing work for which they are designed. VENDOR ASSISTANCE : Successful bidder shall furnish , at no cost to the Coun representative to assist County departments in determining their product requirem MINOR DEVIATIONS : The County reserves the right to negotiate minor deviation 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 w ill not be held liable for any cost incu red by vendors in responding to the RFQ . PRICE RESPONSIBILITY: The selected vendor will be required to assume full re ponsibility for all services and activities offered in the quotation , whether or not they are prov ided directly. Further, the County of Fresno will consider the selected vendor to be the sole poin of contact with regard to contractual matters, including payment of any and all charges resulti g from the contract. The contractor may not subcontract or transfer the contract, or any right r obligation arising out of the contract, without first having obtained the express written consen 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 Fres o. Prices shall be quoted F.O.B . destination CONFIDENTIALITY: Bidders shall not disclose information about the County's buj:>iness 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 relea e information to any third party about this RFQ or the vendor's quotation without prior written ap roval from the County of Fresno . BACKGROUND REVIEW: The County reserves the right to conduct a backgroun inquiry of each proposer/bidder wh ich may include collection of appropriate criminal history ifformation, contractual and business associations and practices , employment histories and re utation in the business community. By submitting a quotation/bid to the County, the vendor con ents 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 s ipulations 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. l G:IPUBLIC\RFQIFY 2014-151031 -5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR\031-5359 HEAVY EQUIPMENT AC MAIN ENANCEAND REPAIR .DOC Quotation No. 031-5359 Page 6 SUBCONTRACTORS: If a subcontractor is proposed, complete identification oft e subcontractor and his tasks shall be provided. The primary contractor is not reliev d of any responsibility by virtue of using a subcontractor. CONFLICT OF INTEREST: The County shall not contract with, and shall reject a y bid or quotation submitted by the persons or entities specified below, unless the Board o 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 Superv sors is the governing body. 2. Profit-making firms or businesses in which employees described in Subsec ion (1) serve as officers, principals, partners or major shareholders. 3. Persons who, within the immediately preceding twelve (12) months, came ~1 ithin the provisions of Subsection (1), and who were employees in positions of subs antial responsibility in the area of service to be performed by the contract, or parti ipated in any way in developing the contract or its service specifications. 4 . Profit-making firms or businesses in which the former employees describe~ 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 ecof1 omic · dependent of such employee, shall be employees in any capacity by a bidd r, 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 American Avenue Dis osal Site, 2220 Tulare Street, 61h Floor, Fresno, CA 93721 . Reference shall be made to th~ purchase order/contract number and equipment number if applicable on the invoice. 1 PAYMENT: County will make partial payments for all purchases made under the contracUpurchase order and accumulated during the month . CONTRACT TERM: It is Coun 's intent to contract with the successful bidde for a term of three {3) years. RENEWAL: Agreement may be renewed for a potential of two (2) one (1) year pe iods, based on the mutual written consent of all parties . QUANTITIES: Quantities shown in the bid schedule are approximate and the Cou ty guarantees no minimum amount. The County reserves the right to increase or de rease quantities. ORDERING: Orders will be placed as required by County of Fresno American Av nue Disposal Site TERMINATION: The County reserves the right to terminate any resulting contract pan written notice. INDEPENDENT CONTRACTOR: In performance of the work, duties, and obligati ns assumed by Contractor under any ensuing Agreement, it is mutually understood and agreed hat CONTRAC~OR, including a~y and all _of Contractor's officers, agents, and ~mplo~Tes will at all times be act1ng and performmg as an Independent contractor, and shall act m an 1~ependent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or jssociate of G:\PUBLIC\RFQIFY 2014-151031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR\031-5359 HEAVY EQUIPMENT AC MAI+ENANCE AND REPAIR.OOC I Quotation No. 031-5359 Page 7 the COUNTY. Furthermore, County shall have no right to control or supervise or d rect the manner or method by which Contractor shall perform its work and function. Howe er, County shall retain the right to administer this Agreement so as to verify that Contractor is erforming its obligations in accordance with the terms and conditions thereof. Contractor and C unty shall comply with all applicable provisions of law and the rules and regulations, if any, o governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutty no right to employment rights and benefits available to County employees. Contractor shall b solely liable and responsible for providing to, or on behalf of, its employees all legally-required mployee benefits. In addition, Contractor shall be solely responsible and save County harniless from all matters relating to payment of Contractor's employees, including compliance with tocial Security, withholding, and all other regulations governing such matters. It is ackno !edged that during the term of the Agreement, Contractor may be providing services to others nrelated to the County or to the Agreement. SELF-DEALING TRANSACTION DISCLOSURE: Contractor agrees that when o erating as a corporation (a for-profit or non-profit corporation), or if during the term of the agree ent the Contractor changes its status to operate as a corporation, members of the Contra tor's Board of Directors shall disclose any self-dealing transactions that they are a party to while ontractor is providing goods or performing services under the agreement with the County. As If-dealing transaction shall mean a transaction to which the Contractor is a party and in whic 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 esno County Self-Dealing Transaction Disclosure Form and submitting it to the County prior to with the self-dealing transaction or immediately thereafter. HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save, hold harmle~s 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 Co nty in connection with the performance, or failure to perform, by Contractor, its officers, a~ents or employees under this Agreement and from any and all costs and expenses, dama~es, liabilities, claims and losses occurring or resulting to any person, firm or corporation who mar. be injured or damaged by the performance, or failure to perform, of Contractor, its officers, age ts or employees under this Agreement. MATERIALS TO BE NEW: All materials shall be new and of merchantable grade, free from defect. No bid will be considered unless it is accompanied by a complete list of m nufacturer's catalog numbers of the items, which the bidder proposes to furnish, together with f II descriptive literature on all items so enumerated. If item proposed differs from these specifica ions, bidder shall present specific explanation of functioning and structural characteristics for t ose details which differ from the specifications listed herein. EXAMINATION OF SITE : Where work is to be performed on County site, each bi der shall have examined the site of work before bidding and shall be responsible for having cquired full knowledge of the job and of all problems affecting it. No variations or allowance fr m the contract sum will be made because of lack of such examination. DAMAGE TO EXISTING WORK: Damage to existing construction, equipment, pi nting, etc ., by the contractor in the performance of his work shall be replaced or repaired and res ored to original condition by the contractor. G:\PUBLICIRFQ\FY 2014-151031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR\031-5359 HEAVY EQUIPMENT AC MAiiENANCE AND REPAIRDOC I Quotation No. 031-5359 Page 8 CLEAN UP: The Contractor shall at all times, keep the premises clean from accu ulation of waste materials or rubbish caused by his employees or work and shall remove all esulting work debris from the job site . WATER, POWER & TOILET FACILITIES: Successful bidder may use County ow ed water, power and toilet facilities at job site (when existing) at no expense to the successf I bidder. Successful bidder will be required, however, to provide piping, fittings and other ite s as necessary to bring water and power from existing service to job site. COORDINATE WORK WITH OWNER: Successful bidder shall coordinate and sc edule the work with the County so that any interruption to the normal business operations be kept to a minimum. INSPECTION: All material and workmanship shall be subject to inspection, exami ation and test by the County at any and all times during which manufacture and/or construction a e carried on . The County shall have the right to reject defective material and workmanship or re uire its correction. SUPERVISION: The Contractor shall give efficient supervision to the work , using herein the skill and diligence for which he is remunerated in the contract price. He shall care lly inspect the site and study and compare all drawings, specifications and other instructions , as ignorance of any phase of any of the features or conditions affecting the contract will not exc se him from carrying out its provisions to its full intent. STANDARD OF PERFORMANCE: All work shall be performed in a good and wo kmanlike manner. SAFEGUARDS: The contractor shall provide safeguards, in conformity with all lo al codes and ordinances as may be required. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from 1 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, inbluding but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) thrr1 ughout the term of the Agreement: A. Commercial General Liability I Commercial General Liability Insurance with limits of not less than One Million pollars ($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 no, less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred housand Dollars ($500,000.00) per accident and for property damages of not less than · ifty Thousand Dollars ($50,000 .00), or such coverage with a combined single limit of Five Hu dred Thousand Dollars ($500,000.00). Coverage should include owned and non-o ned vehicles used in connection with this Agreement. G:\PUBLIC\RFQ\FY 2014-151031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR\031-5359 HEAVY EQUIPMENT AC MAl ENANCE AND REPAIR. DOC Quotation No. 031-5359 Page 9 In the event CONTRACTOR fails to keep in effect at all times insurance coverage s herein provided, the COUNTY may, in addition to other remedies it may have, suspend o terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of !lifornia. Insurance purchased shall be purchased from companies possessing a current A. . Best, Inc. rating of A FSC VII or better. EPAYMENT OPTION: The County of Fresno provides an Epay Program which inv lves payment of invoices by a secure Visa account number assigned to the supplier aftrr award of contract. Notification of payments and required invoice information are issued to th~ supplier's designated Accounts Receivable contact by e-mail remittance advice at time of patent. To learn more about the benefits of an Epay Program, how it works, and obtain answ rs to frequently asked questions , click or copy and paste the following URL into your br ser: www .bankofamerica .com/epayablesvendors or call Fresno County Accounts Paya le, 559-600- 3609. G:\PUBLIC\RFQIFY 2014-151031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR\031-5359 HEAVY EQUIPMENT AC MAIN ENANCE AND REPAIR .DOC Quotation No. 031-5359 Page 10 BIDDER TO COMPLETE: Name of Insurance Carrier: Wausau Underwriters Ins. Co. Public Liability: Wausau & Berkshire Hathawa~ Expires: ~7/01/2015 Automotive Insurance: Wausau Underwriters Ins. Co. Expires: )7/01/2015 Worker's Compensation: Berkshire Hathaway Expires: 07/01/2015 Proof of maintenance of adequate insurance will be required before award is made t :>vendor. GUARANTEE: The bidder shall state his written guarantee here: 1 year parts warranty 90 dav workmanshiP ADDITIONAL ITEMS: The County may require additional items from those in bid schedule. Price list for additional items : State Purchase Order mailing address : SUBCONTRACTORS: List all subcontractors that would perform work in excess of one/half of one percent f the total amount of your bid, and state general type of work such subcontractor would be perf prming : G:IPUBLICIRFOIFY 2014-15\031-5359 HEAVY EOUJPMEt-IT AC MAINTENANCE AND REPAJR\031-5359 HEAVY EQUIPMEt-IT AC MAINT NANCE AND REPAIR.DOC Quotation No. 031-5359 Page 11 CONTRACTOR'S LICENSE: Bidder to possess appropriate license/certification for the project, in accordance with current regulations/statutes . Number and Class: 26862 C-Corporation Date of Issue: 1994 BONDS: PERFORMANCE BOND: The successful bidders may be required to furnish a faith I performance bond. BONDING COMPANY: The company issuing bonds shall be a corporate surety ad1itted by the California Insurance Commissioner to do business in the State of California with an .M Best rating of B++ VIII or better. COORDINATION AND COMPLETION: The successful bidder shall contact and mer,t with the County Coordinator at the job site prior to commencement and completion of any work. Successful bidder shall complete the job as instructed and described in writing by th contract, bid or amendment. Any problem or questions that arise in the scope of work, the Co nty must be contacted and the appropriate written amendment generated. GUARANTEE: The successful bidder shall fully guarantee all aspects of the project for the minimum period of one (1) year. Such one (1) year period shall commence upon th date of final acceptance by County. The guarantee shall include but in no way be limited to workmanship, equipment and materials. DISPUTE RESOLUTION: The ensuing contract shall be governed by the laws of th~ state of California .Any claim which cannot be amicably settled without court action will be liti ated in the U.S . District Court for the Eastern District of California in Fresno , CA or in a state co rt for Fresno County. DEFAULT: In case of default by the selected bidder, the County may procure the s rvices from another source and may recover the loss occasioned thereby from any unpaid balan e 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 n t assign any payment or portions of payments without prior written consent of the County of resno . ASSURANCES: Any contract awarded under this RFQ must be carried out in full c mpliance with The Civil Rights Act of 1964, The Americans With Disabilities Act of 1990, their ubsequent amendments, and any and all other laws protecting the rights of individuals and agerncies . The County of Fresno has a zero tolerance for discrimination , implied or expressed, and ants to ensure that policy continues under this RFQ. The contractor must also guarantee th t services, or workmanship, provided will be performed in compliance with all applicable local, ate, or federal laws and regulations pertinent to the types of services, or project, of the natu e required under this RFQ. In addition, the contractor may be required to provide evidence sub tantiating that their employees have the necessary skills and training to perform the required s rvices or work . G:IPUBLIC\RFQ\FY 2014-15\031·5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR\031·5359 HEAVY EQUIPMENT AC MAINT NANCE AND --I I Quotation No. 031-5359 1 Page 12 AUDITS AND RETENTION: The Contractor shall maintain in good and legible cof.dition all books, documents, papers, data files and other records related to its performance nder this contract. Such records shall be complete and available to Fresno County, the Sta e of California, the federal government or their duly authorized representatives for the urpose of audit, examination, or copying during the term of the contract and for a period of a least three years following the County's final payment under the contract or until conclusion o any pending matter (e.g., litigation or audit}, whichever is later. Such records must be retained n the manner described above until all pending matters are closed. G:IPUBLICIRFQ\FY 2014-151031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR\031-5359 HEAVY EQUIPMENT AC MAl ENANCE AND REPAIR .DOC Quotation No. 031-5359 Page 13 BIDDER TO COMPLETE THE FOLLOWING: PARTICIPATION The County of Fresno is a member of the Central Valley Purchasing Group. This gr up consists of Fresno, Kern, Kings, and Tulare Counties and all governmental, tax supported ag ncies within these counties. Whenever possible, these and other tax supported agencies co-op (piggyback) on c ntracts put in place by one of the other agencies. Any agency choosing to avail itself of this opportunity, will make purchases in their o n name, make payment directly to the contractor, be liable to the contractor and vice versa, p r the terms of the original contract, all the while holding the County of Fresno harmless . If awar ed this contract, please indicate whether you would extend the same terms and conditions t · all tax supported agencies within this group as you are proposing to extend to Fresno Coun y . ~ Yes, we will extend contract terms and conditions to all qualified agencies with i the ~ Central Valley Purchasing Group and other tax supported agencies . o No, we will not extend contract term.• to any agency other than the County of Frsno. Mana er Title G:IPUBLIC\RFQ\FY 2014-15\031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR\031-5359 HEAVY EQUIPMENT AC MAINT NANCE AND REPAIR.DOC Quotation No. 031-5359 Page 14 VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR QUOTATION. Firm: ---------------------------+--------- REFERENCE LIST P rovide a list of at least five (5) customers for whom you have recently provided simi ar products/services . Be sure to i nclude all requested information . Reference Name : C ity of Clovis Contact: Kendall Cook ~~~~~~--r-------- Address : _1.:....:0::..:3:..:3:....:Fc...:i.:.:ft:.:.h-=S:.::t.~--------------------:-------------f------ City : Clovis State : CA Zip : 93t 11 ---"-"9-"--'------- Phone No.: ( 559 ) 324-2671 Date : ---"6'--1,_,0._-_,_15"'---------+------- Service Provided : Air Condition and Fire Suppression Reference Name : Allied waste. Fresno ··· · ·· •· 5501 N . Golden State Blvd. Contact: Jaiver Camacho Address: City : Fresno Phone No .: Serv ice Prov ided : Reference Name : Address : State : CA Zip: ( 559 ) 277-4015 Date : 6-10-15 Air Cond ition and Gas Detection · · F~e~-n~· F i~e· be pi:' 1420 Fresno St. Contact : 93722 City : Fresno State : CA Zip : 9:: 706 -='-'---- Phone No .: ( 559 ) --""62=-1-'-----'-4-'=-2-'-'1 0~-------Date: 6-10-15 Service Provided : Air Condition . ··,·r···· • Reference Name : ---=Cc.=oc=uc:..:n.=..~tv--'o:::.:f-"K..:.:e::.:.r..:..:n___________ Contact: Donnie S arel Address : 5438 Victor Street City : Bakersfield State : CA Zip: Phone No .: ( ....§21_ _3_9_1_-3_4_4_3 _________ Da te: 6-10-15 Serv ice Provided : Air Condition and Fire Su ression Reference Name : _.:K:...: . .::.er:.:.n:_c.::.· .::.ou.::.n~t:.L.y-=S:.:.h.:.:e~· ri:.:.:ff_· _______ Contact: Paul Wilson Address : 1350 Norris Road City : Bakersfield State : CA Zip : Phone No .: ( ___QQ1_ 549-8049 Date : ~~~~--------6-10-15 Serv ice Provided : Air Condition .. . .... . .. ... " ..... .,_ .. ···" .. . . .. ... .. .. ... .. .. .. .. I . . Failure to provide a list of at least five (5) customers may be cause for n ifection of this RFQ. G:\PUBLIC\RFQ\FY 2014-151031-5359 HEAVY EQUIPMENT AC MAINTE NANCE AND REPAIR\031 ·5359 HEAVY EQUIPMENT AC MAINT NA NC E AND REPAIR.DOC Quotation No. 031-5359 Page 15 AIR CONDITIONING MAINTENANCE FOR EQUIPMENT AT THE AMERICAN AVE UE DISPOSAL SITE GENERAL INFORMATION: The County of Fresno owns and operates the American Avenue Disposal Site ( OS), which is located approximately 26 miles west of Fresno on American Avenue. AADS re eives approximately 1,500 tons of refuse per day. All equipment at AADS is operated i 1 extreme weather conditions indicative of the San Joaquin Valley (fog, hot, cold, windy an rainy). The presence of dust is typical of the site conditions . American Avenue Disposal Site-Open Monday-Friday from 7:00 a .m. to 3:00 p.m.; Saturday from 8:00a.m. to 2 :30p.m.; Sunday Closed . AADS is closed on New ear's Day, Thanksgiving Day and Christmas Day. SCOPE OF WORK: I It is the intent of this Request for Quotation (RFQ) to obtain an agreement for Prkventive Maintenance and Repair Services of air conditioning systems on the equipment t the American Avenue Disposal Site . The Preventive Maintenance section of the agreement shall require the awarded vendor to schedule monthly visits during April through October. During the scheduled visit , all systems shall be inspected as stated on the following page . Evaporator and condenser c ils will be cleaned and filters shall be cleaned and replaced as needed. Any damaged or f,ulty equipment discovered during the inspection shall be repaired. Repair Service calls shall be responded to as quickly as possible, but shall not e ceed 48 hours after receiving a report of a failure. Components covered under the Repair Service section of the agreement shall in lude, but not be limited to the following: compressor, compressor clutch, ale compressor drive belts, hoses , fittings, switches , blower motors and wheels, condenser coil , evaporator coil, ex ansion valve, receiver drier, accumulator tank, refrigerant, thermostat, wiring for ale system . T e County will supply fresh air and recirculation filters as needed. Engine fan assemblies shall ot be covered under the agreement. Bidder shall state the Labor Rate for Repair Service. on the Quotation Schedule r regular time and overtime . Bidder shall provide Parts price sheets and state the cost extended to the Count . Any other charges, such as travel, must be included in bidd.er's response to the · FQ . G:IPUBLIC\RFQ\FY 2014-151031 -5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR\031-5359 HEAVY EQUIPMENT AC MAl ENANCE AND REPAIR . DOC Quotation No. 031-5359 PREVENTIVE MAINTENANCE MONTHLY CHECK-UP Monthly check-up shall include all of the following: Page 16 Inspection and cleaning of the Evaporator Coil to assure it is free of dust, leaves and other foreign material which may have been drawn through the air filter. Remove debri by using a vacuum hose or air hose. Use care to prevent possible damage to near-by components such as blower wheels, wiring . I and capillary tubes. ASSURE THAT THE CONDENSATE DRAIN HOSE IS CLEAI R OF ALL DEBRIS. The Condensate Coil should be periodically cleaned in the same way to remove nsects, leaves, straw and other debris. Test belts for proper tension. Check alignment of the clutch to the drive pulley. Drive belt misalignment must n t exceed .01 inch per inch (1 /8" per foot) or as stated in manufacturer's recommendations. If the system is a combination heater and air conditioning, check to assure WAT R VALVE SHUTS OFF WATER FLOW TO THE HEATER CORE. Examine the sight glass to determine the level of Freon. Run the engine at 1200 1500 RPMs and return to idle. If bubbles appear continuously, there is a possibility of a refrig rant leak . IF THE AMBIENT TEMPERATURE IS BELOW 70 DEGREES FAHRENHEIT, THE SIGHT GLASS MAY SHOW BUBBLES EVEN WITH THE PROPER REFRIGERANT LE EL. Inspect the hoses for abrasions or wear, particularly at bends, clamps, or in area that may rub against parts of the machine. Check compressor discharge hose for bake ou hardness close to compressor. Inspect the drain hose leading from the evaporator. It should not be forced into t e unit as to cause looping which restricts the natural flow of moisture. Nuts and bolts on the compressor mounting bracket and clutch should be tighte ed securely before inspecting and adjusting the belt tension and pulley alignment. Recheck tre pulley for alignment with the unit operating. I G:\PUBLIC\RFQIFY 2014 -151031-5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR\031-5359 HEAVY EQUIPMENT AC MAIN ENANCE AND REPAIR.DOC Quotation Equipment I G:\PUBLIC\RFQ\F Y REPAIR . DOC No. 031-5359 EQUIPMENT LIST Equip .# Description Acquisition Date 0001 836H Compactor 3/27/2007 0102 D9-R Dozer 8/1/2011 0004 D9-R Dozer 8/6/2002 0005 D9-R Dozer 12/10/2007 0107 836H Compactor 2/25/2010 0108 836H Compactor 5/28/2010 0011 623F Scraper 10/10/1995 0012 633F Scraper 7/25/1996 0013 623F Scraper 81212007 0014 623G Scraper 12/13/2006 0016 621 G H20 Wagon 3/27/2007 0019 Multi Terrain Loader 1/25/2008 0120 140M Motor Grader 3/31/2010 0022 John Deere Loader 6/27/2005 0027 Rasco Power Broom 3/5/1999 0128 Challenger Tractor 6/27/2011 0029 Vib Comp (Roller) 5/5/2005 0115 CT660 Water Truck New 0018 D6K LPG Dozer 5/7/2009 0048 Volvo Roll-off Bin Truck 2009 0049 Volvo Roll-off Bin Truck 2003 ist subject to change over the duration of the agreement. 2014-151031 -5359 HEAVY EQUIPMENT AC MAINTENANCE AND REPAIR\031-5359 HEAVY EQUIPMENT AC MAIN Page 17 I I I I E NANCE AND Quotation No. 031-5359 QUOTATION SCHEDULE Preventative Maintenance Cost for scheduled monthly visit for April through October Repair Service State hourly rate (normal, overtime) $115 .00 er hour normal $172.50 overtime State any other applicable charges (i.e. travel charge) Parts $ 85.00 e . State County cost for parts (i.e. markup or percentage off of listed price) 30% off list Provide parts price sheets with your response to this RFQ. Page 18 Pe month, per ma hine GlPUBUC1RFQIFY 2<l>+15\0J10359 HEAW EQU.MEt<T AC MAINTENAOOE AND REPAI"'31-5359 HEAW EQU.N<NT AC MAJNAOOE AND ~~ I Techniques of NvB Equipment to Work Completiof - 6 State of the art fully stocked service trucks -ULand EPA listed compliant refrigerant recovery equi ment -Section 609 certified technicians -Employee drug and alcohol training and testing policy Quality OE and aftermarket replacement parts used fo repairs -One year parts warranty on all parts replaced -90 day workmanship warranty -Most hoses fabricated on site during initial repair visit Michael Oddo OP ID; CO ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) ~ 07/16/2015 THIS CERTIFICATE IS ISSUED AS A MATIER 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 CONTACT NAME: ISU/MVP Ins Agency -Clovis r~8Ntl'o Extl: I FAX 1635 Shaw Ave. CAlC No): Clovis, CA 93611 E·MAI~ ADDRESS: Steve Mahlum ~~~~~~~~ ID -= THERM-1 INSURERISI AFFORDING COVERAGE NAIC# INSURED Thermo King Fresno, Inc.; INSURER A: Travelers Prop & Cas. Ins. Co. 11027 Thermo King Turlock INSURER B : Berkshire Hathaway 004207 NVB Equipment, Inc. INSURERC: P.O. Box 2367 Fresno, CA 93745 INSURERD: INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER· 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 ~~~.:'i I~; !t~~hlg~~ lt~~hl%~ UMITS LTR POUCY NUMBER GENERA~ UABIUTY EACH OCCURRENCE $ 1,000,000 - 630-0G438550-TIL-15 07/01/2015 07/01/2016 ~~:SH YE~~;:,ncel 100,000 A ~ DMMERCIAL GENERAL LIAB ILITY X X $ f--CLAIMS-MADE [:!] OCCUR MED EXP {Any one person) $ 10,000 f--PERSONAL & ADV INJURY $ 1,000,000 2,000,000 GENERAL AGGREGATE $ f--2,000,00C n'L AGGRE~E LIMIT APnS PER : PRODUCTS -COMPIOP AGG $ POLICY X ~f8i LOC s AUTOMOBILE UABIUTY X X COMBINED SINGLE LIMIT $ 1,000,00C 1-:-(Ea accidenl) A ~ ANYAUTO BA1G317393-CAG-15 07/01/2015 07/01/2016 BODILY INJURY {Per person) $ r-ALL OWNED AUTOS BODILY INJURY {Pe r accident) $ -SCHEDULED AUTOS PROPERTY DAMAGE s HIRED AUTOS (PER ACCIDENT) - NON-OWNED AUTOS Limit s 300,00C A x Garagekeepers BA1G317393-CAG-15 07/01/2015 07/01/2016 deductibles s 1,000 X UMBRELLA UAB ~OCCUR EACH OCCURRENCE $ 5,000,000 t-EXCESS UAB 5,000,000 CLAIMS-MADE AGGREGATE $ A CUP-OG438550-TIL-15 07/01/2015 07/01/2016 r-DEDUCTIBLE $ RETENTION s $ WORKERS COMPENSATION X I T~2$IfJ/fs I w~-AND EMPLOYERS' UABIUTY B YIN THWC603134 07/01/2015 07/01/2016 1,000,000 ANY PROPRIETORIPARTNERIEXECUTIVE D E.L EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? NIA X 1,000,000 {Mandatory i n NH) E.L DISEASE· EA EMPLOYEE $ If yes, describe under E.L DISEASE -POLICY LIMIT $ 1,000.000 DESCRIPTION OF OPERATIONS below A Property 630-0G438550-TIL-15 07/01/2015 07/01/2016 Buildings 6,184,287 All Risk REPLACEMENT COST Deductibl 2,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarl<s Schedule, If mora apace Is required) Cert~f~cate holder ~s named as add~t~onal ~nsured & Wa~ver of subrogat~on as per form #CG 04 58 07 13 & CG 0037 0405 Pr~mary attached (Pr~mary & noncontr~butory auto) CAT3 53 03 10 and Workers Comp blanket wa~ver of subrogat~on form #WC 99 04 lOB CERTIFICATE HOLDER CANCELLATION COUNTYF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE HE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CCORDANCE WITH THE POLICY PROVISIONS. COUNTY OF FRESNO ~ ~@rn!IW!f AMERICAN AvENuE olsPos IT':JuL fo zots ao:,,..UT_H_OR-IZ-ED_R_E-PR-ES-E-NT-A-TIV-E----------------~ 2220 TULARE ST SIXTH FLOOR FRESNO, CA 93721 PUBLIC WORKS & PLANNING ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR COMMERCIAL INDUSTRIES This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE-This endorsement broadens coverage . However, coverage for any injury , damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered . A. Broadened Named Insured J. Bodily Injury To Co-Employees And Co-Volunteer B. Blanket Additional Insured-Broad Form Vendors Workers C. Damag.e To Premises Rented To You Perils of fire, explosion, lightning, smoke, water Limit increased to $300,000 D. Blanket Waiver Of Subrogation E. Blanket Additional Insured -Owners, Managers Or Lessors Of Premises F. Blanket Additional Insured-Lessors Of Leased Equipment G. Incidental Medical Malpractice H. Personal Injury-Assumed By Contract I. Amended Bodily Injury Definition PROVISIONS A. BROADENED NAMED INSURED 1. The following is added to SECTION II -WHO IS AN INSURED: Any organization, other than a partnership or joint venture, over which you maintain owner- ship or majority interest on the effective date of the policy qualifies as a Named Insured . However, coverage for any such organization will cease as of the date during the policy pe- riod that you no longer maintain ownership of, or majority interest in, such organization . 2. The following replaces Paragraph 4.a. of SECTION II-WHO IS AN INSURED: a. Coverage under this provision is afforded only until the 18oth day after you acquire or form the organization or the end of the policy period, whichever is earlier, unless reported in writing to us within 180 days. K. Aircraft Chartered With Crew L. Non-Owned Watercraft -Increased From 25 Feet To 50 Feet M. Increased Supplementary Payments Cost of bail bonds increased to $2,500 Loss of earnings increased to $500 per day N. Medical Payments -Increased Limit 0. Knowledge And Notice Of Occurrence Or Offense P. Unintentional Omission Q. Reasonable Force -Bodily Injury Or Property Damage B. BLANKET ADDITIONAL INSURED-BROAD FORM VENDORS The following is added to SECTION II -WHO IS AN INSURED : Any person or organization that is a vendor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury" or "property damage" that: a. Is caused by an "occurrence" that takes place after you have signed and executed that con- tract or agreement ; and b. Arises out of "your products" which are dis- tributed or sold in the regular course of such vendor's business. The insurance provided to such vendor is subject to the following provisions CG D4 58 0713 -~, 20·13 The Travelers Indemnity Company. All rights reserved. Page 1 of 7 Includes copyrighted material of Insurance Services Office . Inc. with its permission . COMMERCIAL GENERAL LIABILITY a. The limits of insurance provided to such ven- dor will be the limits which you agreed to pro- vide in the written contract or agreement, or the limits shown in the Declarations of th is Coverage Part, whichever are less. b. The insu rance pt ovided.to such vendor does not apply to : (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the abseno.e of the contract or agreement; (2) Any express warranty unauthorized by you ; (3) Any physical or chemical change in "your products" made intentionally by such vendor; (4} Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing , or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections , ad- justments, tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business, in connection with the distribution or sale of "your products"; (6) Demonstration, installation, servicing or repair operations, except such operations performed at such vendor's premises in connection with the sale of "your prod- ucts"; or (7) "Your products" which , after distribution or sale by you, have been labeled or rela- beled or used as a container, part or in- gredient of any other thing or substance by or for such vendor. Coverage under this provision does not apply to : a. Any person or organization from wham you have acquired "your products", or any ingre- dient, part or container entering into , accom- panying or containing such products ; or b . Any vendor for which coverage as an addi - tional insured specifically is scheduled by en- dorsement. C. DAMAGE TO PREMISES RENTED TO YOU 1. The follow ing replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABIL- ITY: Exclusions c. through n. do not apply to dam- age to premises while rented to you , or tem- porarily occupied by you with permission of the ow ner, caused by : a. Fire ; b. Explosion; c. Ughtning ; d. Smoke resulting from such fire , explosion , or lightning; or e. Water. A separate limit of insurance applies to such damage to premises as described in Para- graph 6. of Section Ill -Limits Of Insurance . This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture , bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c.. Explosion of steam boilers, steam pipes, steam engines, or steam turbines . 2. The following replaces Paragraph 6. of SEC- TION Ill-LIMITS OF INSURANCE: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you , or temporarily occupied by you with permission of the owner, caused by fire; explosion; lightnmg smoke result ing from such fire, explosion, or lightning ; or wa- ter . The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from fire ; explosion; lightning ; smoke resulting from such fire , ex- plosion, or lightning; water; or any comb ina- tion of any of these. The Damage To Premises Ren ted To You Limit will be the highe r of: a. $300 ,000; or b. The amount shown on the Declarations of this Coverage Part for Damage To Prem- ises Rented To You Limit Page "2 of 7 :{:• 2013 The Travel e rs Indemnity Company. All rights reserved. CG D4 58 07 ·13 Includes copyrighted material of Insurance Services Office, Inc. •Nith its permiss ion . 3. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemni fies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by : (1) Fire ; (2) Explosion; (3) Lightning; (4) Smoke resulting from such fire, ex- plosion , or lightning ; or (5) Water. is not an "insured contract"; 4. The following replaces Paragraph 4.b.(1)(b) of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for premises rented to you, or temporarily occupied by you with the permission of the owner; D. BLANKET WANER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you ; ongoing operations performed by you or on your behalf, done under a contract with that person or organization ; "your work"; or "your products". We waive this right where you ha ve agreed to do so as part of a written contract, executed by you prior to loss. E . BLANKET ADDITIONAL INSURED -OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II -WHO IS AN INSURED : Any person or organization that is a premises ow ner , manager or lessor and that you have agreed in a written contract or agreement to name as an additional insured on this Coverage Part is an insured , but only with respect to liability for "bodily injury", "property damage ", "personal injury" or "advertising injur/' that: COMMERCIAL GENERAL LIABILITY a. Is "bodily injury" or "property damage" caused by an "occurrence" that takes place , or "per- sonal injury" or "advertising injury" caused by an offense that is committed , after you have signed and executed that contract or agree- ment ; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you . The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions : a. The limits of insurance provided to such premises owner, manager or lessor will be the limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations of this Coverage Part, whichever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to : (1) "Bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" or "advertising injury" caused by an offense that is com- mitted, after you cease to be a tenant in that premises ; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, manager or lessor. c. The insurance provided to such premises owner , manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis . F. BLANKET ADDITIONAL INSURED-LESSORS OF LEASED EQUIPMENT The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an additional in- sured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertis- ing injury" that: a. Is "bod ily injury" or "property damage" caused by an "occurrence" that takes place , or "per- sonal injury" or "advertising injury" caused by an offense that is committed, after you have CG 04 58 07 ·i3 ·[, 2013 The Trav el e rs Ind emnity Company. All nghts reserved. Page 3 of 7 Includes copyrighted material of Insurance Services Office , Inc. with its permission. * COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE -ADDITIONAL INSUREDS This endorsement modifies insurance provided under the followin~: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory bas is, th is insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted . 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved . Page 1 of 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement mod ifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM W ith respect to coverage prov ided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages . Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights , duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B . BLANKET ADDITIONAL INSURED c . EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS-INCREASED LIMITS F. HIRED AUTO LIMITED WORLDWIDE COVERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1 ., Who Is An Insured, of SECTION II -LIABILITY COV- ERAGE: H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE-INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily in j ury" or "property damage" occurs and that is in effect during the policy period , to be named as an addi- tional insured is an "insured" for Liability Cover- age , but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage . Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. * B. BLANKET ADDITIONAL INSURED -· '· 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto " hired or rented under a contract or agreement in that "employee's" name, with your permiss ion , while performing duties related to the conduct of your busi - ness. The following is added to Paragraph c. in A.1., Who Is An Insured , of SECTION II -LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and CA T3 53 03 10 © 2010 The Travelers Indemnity Company. Includes copyrighted material of Insu rance Services Office, Inc. with its permission . Page 1 of 4 COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS-INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II -LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola - tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II -LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work . F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury'' or "property damage" to which th is insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of SEC- TION II-LIABILITY COVERAGE . (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limit Of Insurance , of SECTION II -LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 © 2010 The Travelers Indemnity Company . CAT3530310 Includes copyrighted material of Insurance Services Office, Inc . with its permission . to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada . We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE-GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES-INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type . COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV-BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to : (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer , director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". CA T3 53 0310 © 2010 The Travelers Indemnity Company . Page 3 of 4 Includes copyrighted material of Insurance Services Office , Inc. with its permission . COMMERCIAL AUTO \j!, M. BLANKET WAIVER OF SUBROGATION /[' The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us , of SECTION IV -BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud , of SECTION IV-BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2010 The Travelers Indemnity Company. CA T3 53 0310 Includes copyrighted material of Insurance Services Office, Inc. with its permiss ion . WORKERS COMPENSATION AND EMPLOrr.RS LIABIUTY INSURANCE POUCY WC99 04108 (Ed. 9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTH.ERS ENDORSEMENT-CAUFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right aga,inst the person or organiz~tion named in the Sc;heduJa .. (This agreement applies only to the extent that you perform work under e written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2% of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. BLANKET WAIVER Person{Organiza tion Job Description All CA Operations SCHEDULE Blanket Waiver-Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Waiver Premium 10277.00 This endorsement changes the policy to which it is attached and Is affective on the date Issued unless otherwise stated. {Tha Information below Is required only when this endor'$ement b Issued subsequent to preparation oi the policy.) Endorsement Effective 07/01/2015 Insured Insurance Company Cypress i nsurance Company WC99Q410B (Ed . 9-14) PolicyNo . THWC603134 Endorsement No. Premium$ r, l h/]~ Counte~igned by_-s,..</).,. /_:;_.___, __________ _ Attachment "C" SELF-DEALING TRANSACTION DISCLOSURE FORM INSTRUCTIONS In order to conduct business with the County of Fresno (hereinafter referred to as "County "), members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must disclose any self-deal ing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below: "A self-dealing transaction means a transacti on to which the corporation is a party and which one or more of its directors has a material financial interest" The definition above will be utilized for purposes of completing the disclosure form . (1) Enter board member's name, job title (if applicable), and date this disclosure is being made. (2) Enter the board member's company/agency name and address . (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County . At a minimum , include a description of the following : a. The name of the agency/company with which the corporation has the transaction; and b. The nature of the material financial interest in the Corporation 's transaction that the board member has . (4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Codes. (5) Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4). Form provided on following page. SELF-DEALING TRANSACTION DISCLOSURE 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: