HomeMy WebLinkAbout27909"~tc"GQNTRACTJNFORMA1]0N":Sf1t:Et
DATE: 5/28/2015
Contract No.: P-15-195-1
Contract Title:
Mechanical Engineering
Contract Period: 6/1/2015 11/30/2015
Using Agencies: Library
Terms: NET 45 ~~~~--------------
Total Contract Amt.: $5,712.00 ~~~~~------------
Buyer Name: Nick Chin ~~~~--------------
Vendor Number:
Name/Address:
Representative:
Phone No.:
Email:
#0000110936
Mechanical Design Concepts,
Inc.
1060 W Sierra, Suite 101
Fresno, CA 93711
Claudia Melancon
(559) 600-3184
cmelancon@co. fresno.ca. us
Requisition No: 7531500004 -----------------------Org: _7_53_0 ______________________________ ___
Supersedes:
~NEW [..__.....JI RENEWAL I ADJUSTMENT
D TICKDATE c__ _ _.ll REFERENCE (RFQ# I RFP#)
DESCRIPTION: Professional mechanical engineering seNices for the construction phase of the Cedar and Shields Branch Library.
SPECIAL INSTRUCTIONS:
DISTRIBUTION: Completed By: Date: Completed By: Date
DEPARTMENT: _L_ib_rar"'-y ______ _
REQUISITIONER: Claudia Melancon
Rev 1/2/15
2015HAY 28 Mill: 02
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-15-195-1
May 21,2015
Mechanical Design Concepts, Inc.
1060 W. Sierra, Ste 101
Fresno, CA 93711
The County of Fresno (County) hereby contracts with Mechanical Design Concepts, Inc.
(Contractor) for professional mechanical engineering services for the construction phase of the
Cedar and Shields Branch Library in accordance with the text of this agreement and Attachment
"A", by this reference made a part hereof.
TERM: This Agreement shall become effective June 1, 2015 and shall remain in effect through
November 30, 2015.
CONTRACTOR'S SERVICES: Contractor shall perform the services as described in
Attachment "A" attached, at the rates set forth in Attachment "A".
MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in
excess of five thousand seven hundred twelve dollars ($5, 712.00).
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.
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.
4525 E. Hamilton Avenue I Fresno, California 93702-4599 I (559) 600-7110
PROCUREMENT AGREEMENT NUMBER: P-15-195-1
Mechanical Design Concepts, Inc.
May21,2015
Page 2
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.
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. 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,
G:\PUBLIC\CONTRACTS & EXTRACTS\I\P-15-195-I AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-15-195-1
Mechanical Design Concepts, Inc.
May21,2015
Page 3
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 profess-ion&; 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, Public Library, 2420 Mariposa, Fresno, CA
93721, stating ti1at such insurance coverage have been obtained and are in fu!! 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.
G:\PUBLIC\CONTRACTS & EXTRACTS\I\P-15-195-I AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-15-195-1
Mechanical Design Concepts, Inc.
May21,2015
Page 4
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 capacityand 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 (2)
Attachment "A".
GOVERNING LAWS: This Agreement shall be construed, interpreted and enforcep under the
laws of the State of California. Venue for any action shall only be in County of Fresno.
G:\PUBLIC\CONTRACTS & EXTRACTS\I\P-15-195-I AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-15-195-1
Mechanical Design Concepts, Inc.
Page 5
May 21, 2015
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 Nick Chin, Purchasing Analyst I, at 559-600-7113 or
nchin@co.fresno.ca. us.
FOR THE COUNTY OF FRESNO
Gary E. qornuelle
Purchasing Manager
4525 East Hamilton Avenue
Fresno, CA 93702-4599
Date:
GEC:NBC:hrs
CONTRACTOR TO COMPLETE:
Company:
Type of Entity:
0 Individual
0 Sole Proprietorship
~h:( corporation
Signed by:
Print Name and Title
Signed by:
Print Name and Title
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Address
TELEPHONE NUMBER
; -1
ACCOUNTING USE ONLY
ORG No.: 7530
Account No.: 8150
Requisition No.: 7531500004
(04/2015)
)
FAX NUMBER
G:\PUBLIC\CONTRACTS & EXTRACTS\I\P-15-195-I AGREEMENT.DOC
0 Limited Liability Company
0 Limited Liability Partnership
0 General Partnership
City
•Date,
Date
State
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E-MAIL Aoo~E,ss
-;
MDC
MECHANICAL DESIGN CONCEPTS, INC.
1060 W. Sierra, Suite 101
Fresno, CA 93 711
Phone: (559) 437-0376
Fax: (559) 437-0297
May 14,2015
Ms. Carina Gil -Business Manager
Fresno County Public Library
2420 Mariposa Street
Fresno, CA 93712
Project: County of Fresno
Cedar-Shields Library
Dear Ms. Gil
Our engineering services include the following:
Construction site services as follows:
• Review of proposed equipment submittals.
Stephen A. Becker, P.E.
Michael D. Cantelmi, P.E.
14096.1
• Response to requests for information (RFI's) during the project construction.
• Three site visits during construction.
• Review ofthe Contractor's "As Built" plans and the Operation and Maintenance Literature.
The engineering fee for this work is $5,712.
Please call if you have any questions on this proposal and we are looking forward to working with you
on this project.
Sincerely,
Michael D. ca~_._....
MDC/mc