HomeMy WebLinkAbout27749DATE:3/3/15
Contract No.: P-15-076-P Vendor Number:
Contract Title: Name/Address:
Mobile Car Washing
Services
Contract Period: 3/1/15 -2/28/18 Representative:
Using Agencies: Phone No.:
Email:
Terms: _N_e_t _4_5_D_a_,y'-s _____ _
Total Contract Amt.: $60,000.00 ~~~~~-------
Buyer Name: Debbie Scharnick
272856
Dave Nahay Cleaning
Systems Inc (DNCS)
29944 Wake Court
Canyon Lake, CA 92587
Dave Nahay
(951 )244-3377
jnahay@verizon.net
Requisition No: 8911500514 Org: _a_91_o ________________ _
Supersedes:
00 NEW '-------'~ RENEWAL '-------'~ ADJUSTMENT
00 TICKDATE 10/31/17 L__ __ _jl REFERENCE (RFQ# I RFP#) Q 962-5317
DESCRIPTION: Mobile service to wash Fleet pool vehicles at the Fleet yard
SPECIAL INSTRUCTIONS: Services to be performed only on Tuesday between the hours of 10:00 a.m. and 1:00 P.M.
DISTRIBUTION: Completed By: Date: Completed By: Date
DEPARTMENT: _&9_1_0 ____ _
REQUISITIONER: Dennis Kems
Rev 1/2/15
County of Fresno
2015 f'IAF~ -3 M~110: 00 INTERNAL SERVICES DEPARTMENT
ROBERT BASH, DIRECTOR -CIO
Facility Services • Fleet Services • Graphics
Information Technology • Purchasing
Security • Telecommunications
PROCUREMENT AGREEMENT
Agreement Number P-15-076-P
February 24, 2015
Dave Nahay Cleaning Systems, Inc
29944 Wake Court
Canyon Lake, CA 92587
The County of Fresno (County) hereby contracts with Dave Nahay Cleaning Systems, Inc
(Contractor) for Mobile Car Washing Services in accordance with the text of this agreement,
Attachment "A", County of Fresno Request for Quotation No: 962-5317 and the attached
contractors response to County of Fresno Request for Quotation No: 962-5317 by this reference
made a part hereof.
TERM: This Agreement shall become effective March 1, 2015 and shall remain in effect
through February 28, 2018.
EXTENSION: This Agreement may be extended for two (2) additional one (1) year periods by
the mutual written consent of all parties.
MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The
County reserves the right to increase or decrease orders or quantities.
CONTRACTOR'S SERVICES: Contractor shall perform the services as described in the Scope
of Work attached, at the rates set forth in Attachment "A" also attached.
PRICES: Prices shall be firm for the contract period. Any pricing changes which may take place
during the life of the contract must be submitted in writing to the County of Fresno Purchasing
Manager and received no less than thirty (30) days prior to becoming effective.
MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in
excess of sixty thousand dollars ($60,000.00).
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 I Fresno, California 93702-45991 (559) 600-7110 1 Fax (559) 600-7126
PROCUREMENT AGREEMENT NUMBER: P-15-076-P
Dave Nahay Cleaning Systems, Inc
February 24, 2015
Page2
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 terminate this Agreement upon thirty (30)
days written notice to the Contractor. In the event of such termination, the Contractor shall be
paid for satisfactory services or supplies provided to the date of termination.
LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations
whether they be Federal, State or municipal, which may be applicable to Contractor's business,
equipment and personnel engaged in service covered by this Agreement.
AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with
the purchased goods are incorporated herein by reference. In addition, the Contractor shall
maintain in good and legible condition all books, documents, papers, data files and other
records related to its performance under this contract. Such records shall be complete and
available to Fresno County, the State of California, the federal government or their duly
authorized representatives for the purpose of audit, examination, or copying during the term of
the contract and for a period of at least three years following the County's final payment under
the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later.
Such records must be retained in the manner described above until. all pending matters are
closed.
LIABILITY: The Contractor agrees to:
Pay all claims for damage to property in any manner arising from Contractor's operations under
this Agreement.
Indemnify, save and hold harmless, and at County's request defend the County, its officers,
agents and employees from any and all claims for damage or other liability, including costs,
expenses, 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.
G: \PUBLIC\ CONTRACTS & EXTRACTS\P\P-15-076-P AGREEf\IIENT. OOC
PROCUREMENT AGREEMENT NUMBER: P-15-076-P
Dave Nahay Cleaning Systems, Inc
February 24, 2015
INSURANCE:
Page3
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 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, 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
G: \PUBLIC\CONTRACfS & EXTRACTS\P\P-15-076-P AGREEMENT. COC
PROCUREMENT AGREEMENT NUMBER: P-15-076-P
Dave Nahay Cleaning Systems, Inc
February 24, 2015
Page4
responsible for any premiums on the policies; that such Commercial General Liability insurance
names the County of Fresno, its officers, agents and employees, individually and collectively, as
additional insured, but only insofar as the operations under this Agreement are concerned; that
such coverage for additional insured shall apply as primary insurance and any other insurance,
or self-insurance, maintained by County, its officers, agents and employees, shall be excess
only and not contributing with insurance provided under Contractor's policies herein; and that
this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance,
written notice given to County.
In the event Contractor fails to keep in effect at all times insurance coverage as herein provided,
the County may, in addition to other remedies it may have, suspend or terminate this Agreement
upon the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the State of California.
Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc.
rating of A FSC VII or better.
COMING ON COUNTY PROPERTY TO DO WORK
Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability
Insurance with limits of not less than $500,000 per occurrence.
INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed
by Contractor under this Agreement, it is mutually understood and agreed that Contractor,
including any and all of Contractor's officers, agents, and employees will at all times be acting
and performing as an independent contractor, and shall act in an independent capacity and not
as an officer, agent, servant, employee, joint venturer, partner, or associate of the County.
Furthermore, County shall have no right to control or supervise or direct the manner or method
by which Contractor shall perform its work and function. However, County shall retain the right
to administer this Agreement so as to verify that Contractor is performing its obligations in
accordance with the terms and conditions thereof. Contractor and County shall comply with all
applicable provisions of law and the rules and regulations, if any, of governmental authorities
having jurisdiction over matters the subject thereof.
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.
G:\PUBLIC\CONTRACTS & EXTRACTS\P\P-15-076-P AGREEMENT.OOC:
PROCUREMENTAGREEMENTNUMBER:~15~76~
Dave Nahay Cleaning Systems, Inc
February 24, 2015
PageS
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. 962-5317 and the Contractor's Quote in response thereto); (2)
Attachment "A"; (3) the County's Request for Quotation No. 962-5317 and (4) the Contractor's
quotation made in response to County's Request for Quotation No. 962-5317.
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, Purchasing Technician I, at (559)
600-7111 or dscharnick@co.fresno.ca.us.
FOR THE COUNTY OF FRESNO
~ t: tZA/LA--::=: Gary E. rnuelle
Purchasing Manager
4525 East Hamilton Avenue
Fresno, CA 93702-4599
Date: $1.-at.{-I~
GEC:DLS:hrs
G:\PUBLIC\CONTRACTS & EXTRACTS\P\P-15-076-P AGREEMENT.!XlC
PROCUREMENT AGREEMENT NUMBER: P-15-076-P
Dave Nahay Cleaning Systems, Inc
Page6
February 24, 2015
CONTRACTOR TO COMPLETE:
Company: Qo_\je_ J\1.:. ~~ ''1
Type of Entity:
0 Individual
0 Sole Proprietorship
ft Corporation
Signed by:
~a.~ 'S 1 •·u,...__• "'
Print arne and Title
Signed by:
Print Name and Title
Address
TELEPHONE NUMBER
ACCOUNTING USE ONLY
ORG No.: 8910
Account No.: 7205
Requisition No.: 8911500514
(08/14)
FAX NUMBER
G:\PUBLIC\CONTRACTS & EXTRACTS\P\P-15-076-P AGREEMENT.OOC
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0 Limited Liability Company
0 Limited Liability Partnership
0 General Partnership
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E-MAIL ADDRESS
P-15-076-P Attachment "A"
Quotation No. 962-5317
SCOPE OF WORK
County of Fresno Fleet Services Division is seeking bids for Mobile Car Wash Services to be
performed at the Fleet Services yard at 4551 E. Hamilton Avenue in Fresno. Services are to
be performed each Tuesday between the hours of 10:00 A.M and 1 :00 P.M. Service providers
are to check with the Automotive Services Writer prior to commencing any work. The Service
Writer will supply the vendor will a list of the location of all vehicles to be washed, as provided
in Attachment A. Vehicles will be identified by the green reflective County Equipment number
adhered to the left side of the bumper. Only the vehicles on this list are to be serviced. All
vehicles for which service is required will be unlocked and must be locked upon completion of
work. It is estimated that approximately fifteen (15) vehicles will require washing per week. All
persons performing services must have the ability to comprehend the English language both
written and spoken.
ALL EXTERIOR WASHES WILL CONSIST OF THE FOLLOWING:
All windows and mirrors to be cleaned and spot free, (water spotting will not be acceptable).
Vehicle body should be free of all bugs, bird droppings, soil and road tar.
ALL INTERIOR WASHES SHALL INCLUDE THE FOLLOWING:
Floor area, front and rear seating are to be vacuumed and left free of debris.
Interior of all windows, (windshield, side windows, rear windows) are to be hand washed and
dried, no film shall be visible.
All trash shall be removed, plastic trash bag emptied and replaced in vehicle.
G:IPUBLIC\RFQ\FY 2014-15\962·5317 MOBILE CAR WASHING SERVICES\962-5317 MOBILE CAR WASHING SERVICES.OOC
P-15-076-P Attachment "A"
Quotation No. 962-5317
QUOTATION SCHEDULE
Quotations are based on a price per service as described in this RFQ.
EXTERIOR WASH ONLY:
Autos/Cars
Pickup Trucks (under 1 ton)
Vans/SUV's .
INTERIOR AND EXTERIOR SERVICE WASH:
Autos/Cars
Pickup Trucks (under 1 ton)
Vans/SUV's
List any Additional Services provided and quote cost of each service.
PRICE PER
?ERVICE
$ \Y
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fum\'J.t•C o-\ v..·('lf\""\ \ '{l-uuc4-i -'-$ ____ _
$
$
G:IPUBUCIRFQIFY 2014-151962-5317 MOBILE CAR WASHING SERVICES\962-5317 MOBILE CAR WASHING SERVICES.DOC