HomeMy WebLinkAbout27735DATE:2/18/15
Contract No.: P-15-041-P Vendor Number:
Contract Title: Name/ Address:
Consulting Services
Contract Period: 1/28/15 10/27/15 Representative:
Using Agencies: 8935 Phone No.:
Email:
Terms: _N:....:.e.=...t::..._4.:_c:5::..._d=-:a::_,yc..::s _____ _
Total Contract Amt.: $5,200.00 ~~~~~------------
Buyer Name: Debbie Scharnick
0000265460
Lawrence Nye Carlson
Associates
7491 Remington Ave #101
Fresno, CA 93711
Gilbert L Nye
(559) 431-0101
gnye@lncacme.com
Requisition No: 1321501083 Org: _8_93_5 ________________________________ _
Supersedes:
[!]NEW L.._ __ __JI RENEWAL I ADJUSTMENT
[2(] TICK DATE 9/2/15 I REFERENCE (RFQ# I RFP#)
DESCRIPTION: Consulting Services in the preparation of an RFP and review of the bids resulting from said RFP for Water
Treatment Services
SPECIAL INSTRUCTIONS: Short Term ~~~~------------------------------------------------------------
DISTRIBUTION: Completed By: Date: Completed By: Date
DEPARTMENT: _89__:_3.:..._5 ________ _
REQUISITIONER: Fenix Batista
Rev 1/2/15
2015FEB 17 Ai·i11:28
County of Fresno
INTERNAL SERVICES DEPARTMENT
ROBERT BASH, DIRECTOR -CIO
Facility Services Fleet Services • Graphics
Information Technology Purchasing
Security Telecommunications
PROCUREMENT AGREEMENT
Agreement Number P-15-041-P
January 26, 2015
Lawrence Nye Carlson Associates
7491 Remington Avenue, #101
Fresno, CA 93711
The County of Fresno (County) hereby contracts with Lawrence Nye Carlson Associates
(Contractor) for consulting services in the preparation of an RFP and review of the bids resulting
from said RFP for Water Treatment Services in accordance with the text of this agreement,
Attachment "A", and the attached contractors response to County of Fresno Request for these
services by this reference made a part hereof.
TERM: This Agreement shall become effective January 28, 2015 and shall remain in effect
through October 27, 2015.
EXTENSION: This Agreement may be extended by the mutual written consent of all parties.
MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The
County reserves the right to increase or decrease orders or quantities.
CONTRACTOR'S SERVICES: Contractor shall perform the services as described in
Attachment "A" attached, at the rates set forth in Attachment "A".
PRICES: Prices shall be firm forth~ contract period. Any pricing changes which may take place
during the life of the contract must be submitted in writing to the County of Fresno Purchasing
Manager and received no less than thirty (30) days prior to becoming effective.
COMPENSATION: County agrees to pay Contractor and Contractor agrees to perform the
services described herein for five thousand two hundred dollars ($5,200.00).
MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in
excess of five thousand two hundred dollars ($5,200.00).
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 I Fresno, California 93702-45991 (559) 600-7110 I Fax (559) 600-7126
. PROCUREMENT AGREEMENT NUMBER: P~15-041-P
Lawrence Nye Carlson Associates
February 10, 2015
Page 2
DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders
shall be delivered complete as specified. All orders placed before Agreement expiration shall
be honored under the terms and conditions of this Agreement.
DEFAULT: In case of default by Contractor, the County may procure the articles/services from
another source and may recover the loss occasioned thereby from any unpaid balance due the
Contractor or by any other legal means available to the County. The prices paid by County shall
be considered the prevailing market price at the time such purchase is made. Inspection of
deliveries or offers for delivery, which do not meet specifications, will be at the expense of
Contractor.
INVOICING: An itemized invoice in duplicate shall be mailed to requesting County department
in accordance with invoicing instructions included in each order referencing this Agreement.
The Agreement number must appear on all shipping documents and invoices. Invoice terms
shall be Net 45 Days.
INVOICE TERMS: Net forty five (45) days from the receipt of invoice.
TERMINATION: The County reserves the right to immediately terminate this Agreement upon
written notice to the Contractor. In the event of such termination, the Contractor shall be paid
for satisfactory services or supplies provided to the date of termination.
LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations
whether they be Federal, State or municipal, which may be applicable to Contractor's business,
equipment and personnel engaged in service covered by this Agreement.
AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with
the purchased goods are incorporated herein by reference. In addition, the Contractor shall
maintain in good and legible condition all books, documents, papers, data files and other
records related to its performance under this contract. Such records shall be complete and
available to Fresno County, the State of California, the federal government or their duly
authorized representatives for the purpose of audit, examination, or copying during the term of
the contract and for a period of at least three years following the County's final payment under
the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later.
Such records must be retained in the manner described above until all pending matters are
closed.
LIABILITY: The Contractor agrees to:
Pay all claims for damage to property in any manner arising from Contractor's operations under
this Agreement.
Indemnify, to the fullest extent permitted by law, 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, but only to the extent they are found to be caused by a negligent act, error or
omission of the Consultant..
C:\USERS\GILBERT\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\EC70GM4T\P-15-041-P
AGREEMENT. OOC
, PROCUREMENT AGREEMENT NUMBER: P-15-041-P
lawrence Nye Carlson Associates
February 10, 2015
INSURANCE:
Page 3
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
($1,000,000.00) 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 occurre>nce claim, ~ Two Million Dollars ($2,000,000.00)
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, Facility Services, Attn: Fenix Batista,
4590 E. Kings Canyon Road, 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,
C:\USERS\GILBERT\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\EC70GM4T\P-15-041-P
AGREEMENT. !XX:
PROCUREMENT AGREEMENT NUMBER: P-15-041-P
Lawrence Nye Carlson Associates
January 26, 2015
Page 4
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.
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", and the
Contractor's Quote in response thereto); (2) Attachment "A"; and (3) the Contractor's quotation
made in response to County's Request for these services.
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.
G:\PUBLIC\CONTRACTS & EXTRACTS\P\P-15-041-PAGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-15-041-P
Lawrence Nye Carlson Associates
January 26, 2015
Page 5
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 L. Scharnick, Purchasing Technician I, at
(559) 600-7111 or dscharnick@co.fresno.ca.us.
FOR THE COUNTY OF FRESNO
Purchasing Manager
4525 East Hamilton Avenue
Fresno, CA 93702-4599
Date: 1-z..{p-/S:
GEC:DLS:ssj
G:\PUBLIC\CONTRACTS & EXTRACTS\P\P-15-041-P AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-15-041-P
Lawrence Nye Carlson Associates
January 26, 2015
CONTRACTOR TO COMPLETE:
Page 6
Company: LI'\U.JVZ.~J2. NY& ~~ ~.
Type of Entity:
D Individual
D Sole Proprietorship X Corporation
Signed by:
Address
ACCOUNTING USE ONLY
ORG No.: 8935
Account No.: 7295
Requisition No.: 1321501083
(08/14)
D Limited Liability Company
Limited Liability Partnership
General Partnership
(5§ 4~1 I.SbZ.
FAX NUMB R Ga1f~~R~ L M ~~
t~GO~
G:\PUBLIC\CONTRACTS & EXTRACTS\P\P-15-041-P AGREEMENT.COC
LAWRENCE NYE CARLSON ASSOCIATES
CONSULTING MECHANICAL ENGINEERS INC
December 18,2014
Mr. Gary Comuelle
Purchasing Manager
County of Fresno
Department of Internal Services
4525 East Hamilton Avenue
Fresno, CA 93702
Subject: Fresno County RFP for Water Treatment Services
Mechanical Service in Preparation ofRFP and Review of Bids
Dear Mr. Comuelle:
Gilbert L. Nye, P.E.
President
Ryan W. Carlson, P.E.
Vice President
Eric K. Andersen, P.E.
Director of Engineering
Donald R. lawrence, P.E.
1925-2010
ASSOCIATES
Gory W. Lindeman, P.E.
Leon H. Brown
Robert Gonzales
James L. On; P.E.
Dalton B. Smith
David L. Bartee
FINANCIAL/
OFFICE MANAGER
Joetta B. Mokofske
As requested, we are preparing this proposal to assist in preparing the technical specification part of a
Request for Proposal (RFP) for water treatment services for Fresno County.
The specifications will include requirements for the water treatment procedur~s, contractor qualifications,
and contractor responsibilities for the project. -
After the contractor bids have been delivered to the County, we will review the scope of work part ofthe
bid deliverables of all bids to verify that they are complete and comply with the technical specifications in
the RFP. The County will be responsible for the review of the other bid submittal items.
We propose to provide the above services at our normal hourly rates (see attached). We estimate the final
billing to be about $5,200.
Thank you for the opportunity to provide a proposal.
Sincerely,
LAWRENCE NYE CARLSON ASSOCIATES
Eric K. Andersen, P .E.
Mechanical Engineer
EKA/kal
Attachment
R:\Support\LNAA\WP\FresnoCo.l2-18-14.docx
7491 N. Remington Suite 101 I Fresno, California 93711 I 559.431.0101 I Lncacme.com
LAWRENCE NYE CARLSON ASSOCIATES
CONSULTING MECHANICAL ENGINEERS, INCORPORATED
HOURLY RATES
January 20 15
TITLE RATE
Principal Mechanical Engineer $185.00
Sr. Design Engineer $155.00
Fire Protection Specialist $125.00
Design Engineer II $120.00
Commissioning Agent $115.00
Design Engineer I $110.00
CAD Operator 1 $100.00
Design Engineer $ 90.00
Specifications Writer $ 90.00
Fire Protection Designer $ 85.00
CAD Operator II $ 80.00
Construction Administrator I $ 85.00
Engineer I $ 70.00
CAD Operator III $ 55.00
Jr. Engineer $ 55.00
Clerical $ 60.00
Consultants 1.15 x cost to LNAA
Reimbursable Expense 1.15 x cost to LNAA
Travel Expenses $ .60/Mile
R:\SupportllieatheJ\RESUMES\word\LNAA hourly rates 2015.doc
LAWRENCE NYE CARLSON ASSOCIATES
CONSULTING MECHANICAl ENGlf\lEERS INC
DATE: FEBRUARY 12,2015
COUNTY OF FRESNO PROJECTNO.: 15092
4525 E. HAMIL TON A VENUE ATTENTION: GARY CORNUELLE
Gilbert l. Nye, P.E.
President
Ryan W. Carlson. P.E.
Vice President
Eric K. Andersen, P.E.
Director of Engineering
Donald R. Lawrence, P.E.
1925-2010
ASSOCIATES
Gary W. Lindeman, P.E.
FRESNO, CA 93702 SUBJECT: \VATER TREATMENT RFP
Leon H. Brown
Robert Gonzales
James l. Orr, P.E.
CLIENT PROJECT No.: P-15-041-P
Dalton B. Smith
David l. Bartee
FINANCIAL/
OFFICE MANAGER
JoeHa B. Makofske
WE ARE SENDING YOU ~ATTACHED 0 UNDER SEPARATE COVER VIA us MAIL THE FOLLOWING ITEMS:
0 SHOP DRAWING 0 PRINTS
0 COPY OF LETTER 0 RFI
0 SIGNED PLANS
0 CHANGE ORDER
0 SUBMITTALS 0 SPECIFICATIONS
~ AGREEMENT
COPIES DESCRIPTION
1 EA SIGNED AGREEMENT
THESE ARE TRANSMITTED AS CHECKED BELOW:
0 FOR APPROVAL 0 APPROVED AS SUBMITTED 0 RESUBMIT--COPIES FOR APPROVAL
~FOR YOUR USE 0 APPROVED AS NOTED 0 SUBMIT COPIES FOR DISTRIBUTION
~ As REQUESTED 0 RETURNED FOR CoRRECTIONs 0 RETURN CORRECTED PRINTS
0 FOR REVIEW AND COMMENT0'---------=,..----------------
0 FOR BIDS DUE:. _____ 20.__ 0PRINTS RETURNED AFTER LOAN TO US
REMARKS:
I
COPY TO:
R:\S u pport\ Transmittals\15092.2-12-15.doc
7491 N. Remington Suite 101 1 Fresno, California 93711 1 559.431.0101 1 Lncacme.com