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Home My WebLink About29082County of Fresno INTERNAL SERVICES DEPARTMENT GARY OSMONOSON, DIP~CTOR -CIO Facility Services • Fleet Services • Graphics Information Technology • Purchasing security • Telecommupications PROCUREMENT AGREEMENT Agreement Number P-13-638-P October 22, 2013 Waterwheel Express Car Wash 4130 Ventura Ave Fresno, CA 93702 The County of Fresno (County) hereby contracts with Waterwheel Express Car Wash {Contractor) to Wash County owned vehicles in accordance with the text of this agreement, Attachment "A", County of Fresno Request for Quotation No: 962-5204 and the attached contractors response to County of Fresno Request for Quotation No: 962-5204 by this reference made a part hereof. EFFECTIVE DATE: This Agreement shall become effective upon the date it is executed by the County. TERM: This Agreement shall become effective November 1, 2013 and shall remain in effect through October 31, 2016. EXTENSION: This Agreement may be extended for an additional two (2) year period by the mutual written consent of all parties . MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment "A" attached, at the rates set forth in Attachment «N. PRICES: Prices shall be firm for the contract period. MAXIMUM: In no event shall services performed and/or fees paid. under this Agreement be in excess of One hundred thousand dollars ($100,000.00). ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. 4525 E. Hamilton Avenue 1 Fresno, california 93702-4599/ (559) 600-7110 I Fax (559) 600-7126 PROCUREMENT AGREt;.aiiENT NUMBER: P-13-638-P Waterwheel Express Car Wash October 22, 2013 Page2 DEFAULT: In case of default by Contractor, the County may procure the articles/services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. INVOICING: An itemized monthly invoice shall be mailed to requesting County department prior to the fifth (51h) of each month in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. INVOICE TERMS: Net forty five (45) days from the later of {1) Receipt of invoice or (2) Date of project completion. TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination . LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter {e.g., litigation or audit), whichever is later. Such n:!cords must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses, causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement. 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: G:\PU8LIC\aJNTRACTS & EXrRACTS\P\P-13-638-P \VATER\>iHEEL EXPRESS CAR WDSH.OOC PROCUREMENT AGREt::ntiENT NUMBER: P-13-638-P Waterwheel Express Car Wash October 22, 2013 A. Commercial General Liability Page3 Commercial General Liability Insurance with limits of not less than One Million Dollars ($1 ,000,000.00) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B. Automobile Liability Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000 .00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this Agreement. C . Professional Liability If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C .S.W., M.F.C .C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1 ,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively , as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Within Thirty (30) days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, County of Fresno Fleet Services Attn: Dennis Kerns 4551 E Hamilton Ave, Fresno CA 93702, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under G:\PUBLIC\a:mRACTS & EXTRACTS\P\P-13-638-P WATERWHEEL EXPRESS CAR ~H.IXJC PROCUREMENT AGREti\IIENT NUMBER: P-13-638-P Waterwheel Express Car Wash October 22, 2013 Page4 Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. INDEPENDENT CONTRACTOR In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: ( 1) the text of this Agreement (excluding Attachment "A", County's Request for Quotation No. 962-5204 and the Contractor's Quote in response thereto); (2) G:\PUBLIC\CONTRACTS & EXTRACTS\P\P-13-638-P \'l4TERWHEEL EXPRESS CAR WASH.DOC PROCUREMENT AGREEMENT NUMBER: P-13-638-P .Waterwheel Express Car Wash October 22, 2013 Page 5 Attachment "A"; (3) the County's Request for Quotation No. 962-5204 and (4) the Contractor's quotation made in response to County's Request for Quotation No. 962-5204. GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. Please acknowledge your acceptance by returning all pages of the signed original of this Agreement to my office, retaining a copy for your files. Please refer any inquiries in this matter to Debbie Scharnick, Buyer I, at (559) 600-7111 or dscharnick@co. frenso. ca. us FOR THE COUNTY OF FRESNO .:·-· (~'>11A ? 0 ~A~ ~---~'-"\ ~...... c .--cr-..~ .... ~ Gary E. C&nuelle ...,. =-~ Purchasing Manager 4525 East Hamilton Avenue Fresno, CA 93702-4599 Date: 10 ~ l-2--1 3 GEC:DLS PROCUREMENT AGREt:rv1ENT NUMBER: P-13-638-P Waterwheel Express Car Wash October 22, 2013 CONTRACTOR TO COMPLETE: Company: Type of Entity: 0 Individual 0 Sole Proprietorship ·&!.Corporation ~ I ~ Signedby: _ Print Name and Title Address ( Address 0 Limited Liability Company 0 Limited Liability Partnership 0 General Partnership 10/2-f/' ') Date City State Zip Page6 TELEPHONE NUMBER FAX NUMBER Bv k.f; vr (2 .)'iS <. (.~ 1 {!t /11 L. ..-v ~ E-MAIL ADDRESS ACCOUNTING USE ONLY ORG No.: 8910 Account No.: 7205 Requisition No .: 8911300532 (06112 G:\PUBLIC\CONTRACTS & EXTRACTS\P\P-13-638-P WATER'M-iEEL EXPRESS CAR WASH.DOC Quotation No. 962-5204 Auto and Light Duty Washing Services 1. Ability to provide Excel formatted electronic reports. 2. Provide electronic monthly invoices not later than the 5th of the month following the service. 3. Provide Full Service wash as described in this Request for Quotation. 4. Provide External wash as described in this Request for Quotation. 5. Possess RFID tracking system. 6. Ability to clean vehicle upholstery. 7. Capet Shampooing abilities. 8. Provide multiple locations. 9. Ability to handle and wash vehicle requiring special attention as described in this Request for Quotation. 1 0. Possess license required by State of California to perform Bio-Hazard cleaning of vehicles' interior. **Bidders are to fully explain any items they are not able to comply. I) lA c.v-H 1 ... 1 litflli"'f--.5 v,f( "Bt:"" p ooJC vrf.. t.oV"fl9V/,__,_ .---';.,J .4 "" E.K" ct::( $(tt.cttDS l,._~ 6) 1-}GI l'r --r: ... l{ Sc=.....-w£ CAQ...Wt\t 1-/ <J .gl'\t'V\E"" ....-..s ) -i) s~-c: ,.,...~ 3 f <;)) :S AVV'\-e rr ..S _) G:IPUBUCIRFQ\962·5204 AUTO AND LIGHT DUTY VEHICLE WASHING.DOC Page 18 COMPLY NOT COMPLY N:>l C.CJwd':t ~pt., / ' tJc-r co-p1'1 /J~C Co,....,.p/'f (.0..,.., ply v Quotation No. 962-5204 QUOTATION SCHEDULE Quotations are based on a price per service as described in this RFQ. EXTERIOR WASH ONLY: Autos/ Cars Pickup Trucks Vans/ SUV's FULL SERVICE WASH: Autos/ Cars Pickup Trucks Vans/ SUV's List any Additional Services provided and quote cost of each service. Page 19 PRICE PER SERVICE $ $ $ ?/lCiklc.!'lM•"'~0 ~Vf\Sif j?AC.t:AG.C ....:..$ _____ _ ·:ftU:e V£C.. oF Vf'tCuvv...s, gr Ml _$ _____ _ lo CI\Tt o ....> S ....:..$ _____ _ $ List addresses of facilities: Indicate services available at each location, noting any exceptions or deviations from the Services as defined in this RFQ. rz.0 v.H"' Ave CfQ\/Il C11 i37o<-. .:5~6t.YL. G:\PUBLIC\RF0\962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING.OOC Water W.l'lef:I .'Express #3 All Sites House Account Summary Report (For: Fresno PO, sorted by Customer) From Thu, 8/01/2013 Thru Sat, 8/31/2013 I Account Name (Number) Company Sales Charges Payments If-F-r-e-sn_o_P_D_(-12_0_1_3-1)-------F-re_s_n_o_Pc....o_lic-e-·Department 22 66.00 0.00 I 08/11/13, 01:44pm@ Water Wheel Express #3 ' ' FP# 13418+095641 (1 00469) 08/19/13, 01 :48 pm@ Water Wheel Express #3 FP# 13418+095641 (1 00469) 08/28/13, 09:49am@ Water Wheel Express #3 i FP# 13434+872857 (1 00504,100504) 08/28/13, 10:03 am@ Water Wheel Express #3 I FP# 23216+ 769049 (1 00544,1 00544) 08/15/13, 08:46am@ Water Wheel Express #3 FP# 23216+769049 (100544,100544) 08/21/13, 08:03am@ Water Wheel Express #3 I FP# 23216+769049 (100544,100544) 08/27/13, 08:19am@ Water Wheel Express #3 I I FP# 23485+204505 (100531) 08/22/13, 05:32pm@ Water Wheel Express #3 FP# 23485+204505 (1 00531) 08/25/13, 04:32 pm@ Water Wheel Express #3 FP# 43283+877913 (1 00542,1 00542) 08/14/13, 08:34 am@ Water Wheel Express #3 1 1 FP# 53300+655129 (200064,200064) 08/14/13, 02:41 pm@ Water Wheel Express #3 FP# 53334+209561 (100505) 08/21/13, 05:46pm@ WaterWheel Express #3 FP# 53334+209561 (100505) 08/23/13, 04:47pm@ WaterWheel Express #3 FP# 53334+209561 ( 1 00505) 08/29/13 , 05:33 pm@ Water Wheel Express #3 FP# 53585+867801 (100300) 08/27/13 , 04:59pm@ Water Wheel Express #3 FP# 73367+763993 (100339) 08/16/13, 05:33pm@ Water Wheel Express #3 FP# 73367+763993 (100339) 08/18/13, 05:59pm@ Water Wheel Express #3 FP# 73367+763993 (100339) 08/25/13, 05:17pm@ Water Wheel Express #3 FP# 73619+422233 (100432,100432) 08/28/13, 10:29 am@ Water Wheel Express #3 FP# 83636+199449 (1 00381,100381) 08/28/13 , 11 :08 am@ Water Wheel Express #3 FP# 93451+650073 (100350,100350) 08/27/13, 04:44pm@ Water Wheel Express #3 Net Change 66.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 FP# 93451+650073 (100350 ,100350)~ 08/29/13 , 04:45pm@ Water Wheel Express #3 T ~•= ~-o-u_n_~_S_h_o_w_n_:_1~~~--------n---~-.-oo----o-~-o----~~ ..r-·":) h'-!S f f';,~ Report Generated on 09/12/2013 8:37:47 am by MATT BUKILICA at WaterWheel Express #3 Page# 1 COUNTY Of fRESNO REQUEST FOR QUOTATION NUMBER: 962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING August 26, 2013 PURCHASING USE COUNTY OF FRESNO, Purchasing 4525 EAST HAMILTON AVENUE, 2"d Floor FRESNO, CA 93702-4599 CLOSING DATE OF BID WILL BE AT 2:00 P.M., ON SEPTEMBER 19, 2013. QUOTATIONS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00P.M. Quotations will be opened and publicly read at that time. All quotation information will be available for review after contract award. Clarification of specifications is to be directed to: Debbie Scharnick, e-mail dscharnick@co.fresno.ca.us, phone (559) 600-7111, FAX (559) 600-7126. - 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 http:/lwww2.co.fresno.ca.us/0440/Bidshome2.asp for RFQ/RFP documents and changes. BIDDER TO COMPLETE 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 CONDIT IONS FOR REQUEST FOR QUOTATIONS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S)"ATTACHED. Except as noted on individual items, the following will apply to all items in the Quotation Schedule. 1. Complete delivery will be made within ca lendar days after receipt of Order. 2. A cash discount % days will apply . ----- COMPANY ADDRESS CITY STATE ZIP CODE TELEPHONE NUMBER FACSIMI LE NUMBER E-MAIL ADDRESS SIGNED BY PRINT NAME TITLE PD-010 (1/13) Quotation No. 962-5204 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 Exemolion 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 stale 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 uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in co nnection with this bid. 9. SAMPLES: Sarnples, when required, must be furnished and delivered free and, if not destroyed by tests, will upon written request (within thirty (30) days of bid closing date) be returned at the bidder's expense. In the absence of such notification, County shall have the right to dispose of the samples in whatever manner it deems appropriate. 10 . RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: A) In case of default by vendor, the County may procure the articles or service from another source and may recover the cost difference and related expenses occasioned thereby from any unpaid balance due the vendor or by proceeding against performance bond of the vendor, if any, or by suit against the vendor. The prices paid by the County shall be conside red the prevailing market price at the time such purchase is made. B) Articles or services, which upon delivery inspection do not meet specifications, will be rejected and the vendor will be considered in default. Vendor shall reimburse County for expenses related to delivery of non-specified goods or services. C) Regardless of F.O .B. point, vendor agrees to bear all risks of loss, injury or destruction to goods and materials ordered herein which occur prior to delivery and such loss, in jury 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 'Gene ral Conditions ' provisions of this RFP/RFQ shall be superseded if in conflict with any other section of this bid, to the extent of any such conflict. 13. SPECIAL REQUIREMENT : With the invoice or within twenty-five (25) days of delivery, the seller must provide to the County a Material Safety Data Sheet for each product. which contains any substance on 'The List of 800 Hazardous Substances", published by the State Director of Industrial Relations . (See Hazardous Substances Information and Training Act. California State Labor Code Sections 6360 through 6399.7.) 14. RECYCLED PRODUCTS/MATERIALS: Vendors are encouraged to provide and quote (with documentation) recycled or recyclable products/materials which meet stated specifications. 15 . YEAR COMPLIANCE WARRANTY: Vendor warrants that any product furnished pursuant to this Agreement/order shall support a four-digit year format and be able to accurately process date and time data from, into and between the twentieth and twenty-first centuries, as well as leap year calculations. 'Produc t' shall include, without limitation, any piece or component of equipment, hardware , firmware, middleware, custom or commercial software, or internal components or subroutines therein . This warranty shall survive termination or expiration of this Agreement. In the event of any decrease in product functionality or accuracy related to time and/or date data related codes and/or internal subroutines that impede the product from operating correctly using dates beyond December 31, 1999, vendor shall restore or repair the product to the same level of functionality as warranted herein, so as to minimize interruption to County's ongoing business process, time being of the essence. In the event that such warranty compliance requires the acquisition of additional programs, the expense for any such associated or additional acquisitions, which may be required, including, without limitation, data conversion tools, shall be borne exclusively by vendor. Nothing in this warranty shall be construed to limit any rights or remedies the County may otherwise have under this Agreement with respect to defects other than year performance. G:IPUBLIC\RFQ\FY 2013-14\962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING\962-5204 AUTO AND 18 PD-040 (1/13) LIGHT DUTY VEHICLE WASHING. DOC Quotation No. 962-5204 device) or brought in for use into the COUNTY's system(s) without prior authorization from COUNTY's Chief Information Officer and/or designee(s). No storage of COUNTY's private, confidential or sensitive data on any hard-disk drive, portable storage device or remote storage installation unless encrypted according to advance encryption standards (AES of 128 bit or higher). The COUNTY will immediately be notified of any violations, breaches or potential breaches of security related to COUNTY's confidential information, data and/or data processing equipment which stores or processes COUNTY data, internally or externally. COUNTY shall provide oversight to Contractor's response to all incidents arising from a possible breach of security related to COUNTY's confidential client information. Contractor will be responsible to issue any notification to affected individuals as required by law or as deemed necessary by COUNTY in its sole discretion. Contractor will be responsible for all costs incurred as a result of providing the required notification. 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 5:00 P.M. PST; Purchasing is closed daily from 12:00 Noon to 1:00 P.M. The following holiday office closure schedule is observed: January 1* 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. G:\PUBLICIRFQ\FY 2013-14\962·5204 AUTO AND LIGHT DUTY VEHICLE WASHING\962-5204 AUTO AND 1D PD-040 (1113) LIGHT DUTY VEHICLE WASHING.DOC Quotation No. 962-5204 Page 3 RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. AUTHORIZED CONTACT: All communication regarding this RFQ shall be directed to an authorized representative of County Purchasing. The specific 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 RFO. Contact with any other County representative, including elected officials, for the purpose of discussing this RFQ, it content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in writing) with such other County representatives, may constitute grounds for rejection by Purchasing of the vendor's quotation. The above stated restriction on vendor contact with County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a vendor initiates a formal protest against the RFQ, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County's established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may address the Board. VENDOR CONFERENCE: On Tuesday September 10, 2013 at 10:00 AM, a vendor's conference will be held in which the scope of the project and quotation requirements will be explained. The meeting will be held at the office of County of Fresno Purchasing, 4525 E. Hamilton (between Cedar and Maple), 2"ct Floor, Fresno, California. Minutes will be prepared and distributed to all bidders only if necessary to clarify substantive items raised during the bidders' conference. Bidders are to contact Debbie Scharnick at County of Fresno Purchasing, {559) 600-7111, if they are planning to attend the conference. NOTICE TO PROCEED: Following execution of the agreement by both parties (County and Contractor), the County will issue a written Notice to Proceed for the project specified herein. The completion period as defined below, shall commence upon the date that the Notice to Proceed is delivered to the Contractor. 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 and three (3) copies of your quotation no later than the quotation closing date and time as stated on the front of this document to County of Fresno Purchasing. Each copy to be identical to the original, include all supporting documentation (i.e. literature, brochures, reports, schedules etc.). The cover page of each quotation is to be appropriately marked "Original" or "Copy". FIRM QUOTATION: All quotations shall remain firm for at least, one hundred eighty (180) days. TAXES: The quoted amount must include all applicable taxes. If taxes are not specifically identified in the quotation it will be assumed that they are included in the total quoted. SALES TAX: Fresno County pays California State Sales Tax in the amount of 8.225% regardless of vendor's place of doing business. G:IPUBLIC\RFQ\FY 2013·14\962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING\962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING.DOC Quotation No. 962-5204 Page 5 CONFIDENTIALITY: Bidders shall not disclose information about the County's business or business practices and safeguard confidential data which vendor staff may have access to in the course of system implementation. NEWS RELEASE: Vendors shall not issue any news releases or otherwise release information to any third party about this RFQ or the vendor's quotation without prior written approval from the County of Fresno . BACKGROUND REVIEW: The County reserves the right to conduct a background inquiry of each proposer/bidder which may include collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a quotation/bid to the County, the vendor consents to such an inquiry and agrees to make available to the County such books and records the County deems necessary to conduct the inquiry. EXCEPTIONS: Identify with explanation, any terms, conditions, specifications or stipulations of the RFQ with which you CAN NOT or WILL NOT comply. ADDENDA: In the event that it becomes necessary to revise any part of this RFQ, addenda will be provided to all agencies and organizations that receive the basic RFQ . SUBCONTRACTORS: If a subcontractor is proposed , complete identification of the subcontractor and his tasks shall be provided. The primary contractor is not relieved of any responsibility by virtue of using a subcontractor. 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. Emp loyees of the County or public agencies for which the Board of Supervisors is the governing body . 2. Profit-making firms or businesses in which employees described in Subsection (1) serve as officers, principals, partners or major shareholders. 3. Persons who , within the immediately preceding twelve (12) months, came within the provisions of Subsection (1), and who were employees in positions of substantial responsibility in the area of service to be performed by the contract, or participated in any way in developing the contract or its service specifications. 4 . Profit-making firms or businesses in which the former employees described in Subsection (3) serve as officers, principals, partners or major shareholders. 5. No County employee whose position in the County enables him to influence the selection of a contractor for this RFQ, or any competing RFQ, and no spouse or economic dependent of such employee, sha ll be employees in any capacity by a bidder, or have any other direct or indirect financial interest in the selection of a contractor. INVOIC ING : All invoices are to be delivered to the Sheriffs Department or Fleet Services . Each invoice shall reference shall the purchase order/contract and contain charges for a period of not more than one month, The contractor(s) shall obta in the "invoice to" address by determining the type of vehicle being serviced . All patrol cars will be billed to the Sheriffs Dept. at 2220 Fresno G:IPUBLICIRFQ\FY 20 13-14\962-5204 AUTO AND LIGHT DUTY VEH ICLE WASHING\962 -5204 AUTO AND LIGHT DUTY VEHICLE WASHING.DOC Quotation No. 962-5204 Page 7 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, f irm 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. STANDARD OF PERFORMANCE : All work shall be performed in a good and workmanlike manner. INSURANCE: Without limiting the COUNTY's right to obtain indemn ification 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 poo ling 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 Hund red Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this Agreement. C. Professional Liability If CONTRACTOR employs licensed professional staff, (e .g ., Ph.D., R.N ., L.C.S .W ., M .F .C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, ind ividually 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 . G:IPUBLIC\RFQ\FY 2013-14 \962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING\962-5 404 AUTO AND LIGHT DUTY VEHICLE WASHING.DOC Quotation No. 962-5204 Page9 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: By: (Authorized Signature) SERVICE LOCATION(S): State specific location(s), where service(s) can be obtained. Describe type of service(s) available at each location. Failure to furnish this information will be cause for rejection of bid. G:\PUBUCIRFQ\FY 2013-141962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING\962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING. DOC Quotation No. 962-5204 CONTRACTOR'S LICENSE: Bidder(s) to possess appropriate license for the project, in accordance with current regulations/statutes. Page 11 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 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 . G:\PUBLIC\RFQIFY 2013-14\962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING\962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING. DOC Quotation No. 962-5204 Page 13 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: ___ Zip: State: -------------------------------------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: ____ Zip: State: ------------------------------------Phone No.: --------------Date: Service Provided : Reference Name: -----------------------Contact: Address: City: Zip: ----State: ---------------------------------Phone No .: ( __ ) Date: ---------------Service Provided: ·',;7:.··.c'""'··. Failure to provide a list of at least five (5) customers may be cause for rejection of this RFQ. G:\PUBLIC\RFQ\FY 2013-141962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING\962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING .DOC Quotation No. 962-5204 Page 15 GENERAL REQUIREMENTS MONTHLY VEHICLE AUTHORIZATION: As a security measure, Fleet Services will provide each selected vendor with an electronic Monthly Vehicle Authorization list. Each vehicle listed is identified by Fleet as authorized for washing services for that particular month. Any vehicle not listed is not eligible for washing services for the month. Vendors will not be compensated for any ineligible vehicles washed. INVOICING: All successful bidders will be required to submit a monthly invoice clearly identifying the Vendor's Name, Remit to Address, Contact facts and the month and year in which services were performed. This invoice is to be received accompanied by an Excel formatted report not later than the fifth (51h) of each month following the month in which the charges occur. Any invoice and or report presented later than the 51h must be manually processed and will be subject to a prolonged delay in receipt of payment. The Excel report must contain the following information: Vendor Name, Month and Year services were rendered, Date, Time, County Equipment Number (vehicle number), Vehicle License Plate Number, Department Identification and Cost for each wash. Invoices and reports must be submitted separately for Fleet Services vehicles and for the Sheriff's Department vehicles All vendors will be required to provide an Excel formatted report . RFID VEHICLE IDENTIFICATION: All prospective vendors with the ability to provide (RFID) tags shall supply, install, and replace damaged or worn out tags at their own costs. Data collected from the (RFID) data system will be imported to an Excel spreadsheet and presented each month with a properly prepared invoice. Possession of (RFID) Radio Frequency 10 tracking system is not a requirement to be a successful bidder. No Vendor will be eliminated due to the lack of ability to provide a RFID system prepared invoice. All RFID tags on County vehicles removed from service will be removed from the vehicle and destroyed by County Fleet personnel. For bidders without an RFIO or comparable system, The County shall supply an electronic Excel formatted spreadsheet titled "Car Wash Log", a sample of which is included in this Request for Quotation as "Attachment A" This spreadsheet is to be submitted each month accompanying the vendor's invoice. Each log sheet must be legible and clearly denote the following: The month and year for which the log covers, Date, Time, County Vehicle Number, Vehicle License Plate Number, Employee Name, Department Name and cost. Charges on any report possessing information that is incomplete, illegible, unidentifiable, or missing will not be paid by the County. Bidders capable of providing another tracking system must describe their system in detail to enable the County to determine whether or not the Bidders' system is compatible with The County's operating system. G:\PUBLICIRFQ\FY 2013-141962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING\962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING. DOC Quotation No. 962-5204 Page 17 SERVICE AREA BOUNDARIES: InterCity Zones: Northeast Area: Interstate Hwy 41 North of Interstate Hwy 180 to the San Joaquin River Interstate Hwy 180 East to Clovis Avenue Clovis Avenue North to Herndon Avenue West on Herndon Avenue to Willow Avenue Willow Avenue to the San Joaquin River Southeast Area: Interstate Hwy 41 South of Interstate Hwy 180 Interstate Hwy 41 South to Interstate Hwy 99/Jensen Avenue Jensen Avenue East to Clovis Avenue Clovis Avenue North to Interstate Hwy 180 Southwest Area: Interstate Hwy 99 North of Jensen Avenue to Ashlan Avenue Ashlan Avenue East to Interstate Hwy 41 Interstate Hwy 41 South to Interstate Hwy 99 Northwest Area: Interstate Hwy 99 North of Ashlan Avenue to The San Joaquin River Ashlan Avenue East to Interstate Hwy 41 Outlying Zones : East Side: All County areas east of the Northeast and Southeast InterCity boundaries. West Side: All County areas west of the Northwest and Southwest InterCity boundaries. "Attachment 8" is a reference map detailing the geographic zones G:\PUBLIC\RFQIFY 2013-141962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING\962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING.DOC Quotation No. 962-5204 QUOTATION SCHEDULE Quotations are based on a price per service as described in this RFQ. EXTERIOR WASH ONLY: Autos/ Cars Pickup Trucks Vans/ SUV's FULL SERVICE WASH: Autos/ Cars Pickup Trucks Vans/ SUV's List any Additional Services provided and quote cost of each service. List addresses of facilities: Page 19 PRICE PER SERVICE $ $ $ $ $ $ $ $ $ $ Indicate services available at each location, noting any exceptions or deviations from the Services as defined in this RFQ. G:IPUBLIC\RFQ\FY 2013-141962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING\962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING.DOC Quotation No. 962-5204 Page 21 County -of Fresno ATTACHMENT "A" Car Wash Vendor Fleet Se!Vices CAR WASH SERVICE SHEET COMPLETE EACH UNE B"'LOW PRIOR TO SERVICE -Date Vehicle# ID Employee Siqnatur e License# Dept# Cost Car Wash Service Sheet G:\PUBLIC\RFQ\FY 2013-141962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING\962-5204 AUTO AND LIGHT DUTY VEHICLE WASHING . DOC