HomeMy WebLinkAbout27915Contract No.:
Contract Title:
Contract
Period:
Using
Agencies:
Terms:
Total Contract
Amt.:
Buyer Name:
P-15-196-1
Electrical Engineering
6/1/2015 11/30/2015
Library
NET 45
$5,060 .00
Nick Chin
DATE: 6/3/2015
Vendor Number: #0000278336
Name/Address: Hardin-Davidson Engineering
1060 W Sierra, Suite 101
Fresno, CA 93711
Representative:
Claudia Melancon
Phone No.:
(559) 600-3184
Email: Claudia.melancon@fresnolibrary.com
Requisition No: _7.:...53::...;1...:..5o.:...o:...:o...:..5 _______ _ Org: _7.:...53::...;0 _______________ _
Supersedes:
[!]NEW L.__ _ __jl RENEWAL L,__ _ _JI ADJUSTMENT
D TICKDATE '-----'~ REFERENCE (RFQ# I RFP#)
DESCRIPTION: Professional electrical engineering services for the construction phase of the Cedar and Shields Branch Library .
SPECIAL INSTRUCTIONS :
DISTRIBUTION: Completed By : Date: Completed By: Date
DEPARTMENT: -;;L,:..:Cibrc.::;ary"--:-;,...,----
REQUISITIONER Claudia Me lancon
Rev 1/2/15
2015 JU f~ -8 AH I I : 09
County of Fresno
INTERNA L SE RVI CE S DE PAR TMENT
ROBERT BASH, DIRECTOR -CIO
Faci li ty Services Fl eet S e rv i ce s Graphics
Information Technology Purchasing
S ecurity Te lecommunicat i ons
PROCUREMENT AGREEMENT
Agreement Number P-15-196-1
Hardin-Davidson Engineering
356 Pollasky Ave., Ste 200
Clovis , CA 93612
May 21,2015
The County of Fresno (County) hereby contracts with Hardin-Davidson Engineering (Contractor)
for professional electrical engineering serv ices for the cons t ruction 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 sixty dollars ($5,060.00).
ADDITIONAL ITEMS : The County reserves the right to negotiate additiona l items to this
Agreement as deemed necessary. Such additions shall be made in writing and s igned 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 prevai ling 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.
4525 E. Hami lton Avenue I Fresno , Cal i fornia 9370 2 -459 9 I (559) 600 -7110
PROCUREMENT AGREEMENT NUMBER: P-15-196-1
Hardin-Davidson Engineering
May21,2015
Page 2
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.
AUDn::s 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 re lated 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 aud it, 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 ope rations 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,
Explos ion -Collapse-Underground , fire legal liability or any other liability insurance deemed
necessary because of the nature of the contract.
G:\PUBLIC\CONTRACTS & EXTRACTS\I\P-15-196-I AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-15-196-1
Hardin-Davidson Engineering
May 21, 2015
B. Automobile Liability
Page 3
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 t he 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 that such insurance coverage have been obtained and are in full fo rce; 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 t he 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 i nsurers 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.
G:\PUBLIC\CONTRACTS & EXTRACTS \I \P-15-196-I AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-15-196-1
Hardin-Davidson Engineering
May21,2015
COMING ON COUNTY PROPERTY TO DO WORK
Page 4
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") and (2)
Attachment "A".
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.
G:\PUBLIC\C~CTS & EXTRACTS \I \P-15-196-I AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-15-196-1
Hardin-Davidson Engineering
May21,2015
Page 5
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. dornuelle
Purchasing Manager
4525 East Hamilton Avenue
Fresno, CA 93702-4599
Date: ~ 22 ... /5,.-
GEC :NBC :hrs
CONTRACTOR TO COMPLETE:
Company:
Type of Entity:
0 Individual 0 Limited Liability Company
0 Limited Liability Partnership 0 Sole Proprietorship
i52("corporation
Signed by:
0 General Partnership /~--...._
Print Name and Tiy-
G If / 'lj;f .r
Date z
Signed by:
Print Name and Title Date
Address City State Zip
TELEPHONE NUMBER
-:(:-----:..L..--'3'---2---"3'---'4 '--'$'-Z.-8=-· __ IG li&. t..\.4i2'0I,v-DAVWSLliU. lDM
FAX NUMBER E-MAIL ADDRESS
ACCOUNTING USE ONLY
ORG No .: 7530
Account No .: 8150
Requisition No.: 7531500005
(04/2015)
G:\PUBLIC\CONTRACTS & EXTRACTS\I\P-15-196-I AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-15-196-1
Hardin-Davidson Engineering
May 21, 2015
ATTACHMENT'~"
SERVICE
Attachment Page 1 of 1
Work to Include: Electrical engineering for the construction observation phase of the
Fresno County Library at Cedar and Shields .
Services to Include: -Assistance during bidding and construction.
-Answering requests for information
-Reviewing Contractor's JOC cost submittal , material submittal review
and punch list.
Eng ineering Fees: Billing based on hourly rates of:
• Principal Electrical Engineer-$175 .00 per hour
• Electrical and Field Engineer-$140.00 per hour
• Electrical Designer/CAD Operator-$100.00 per hour
G:\PUBLIC\CONTRACTS & EXTRACTS \I \P-15-196-I AGREEMENT.DOC