HomeMy WebLinkAbout27370DMC Sweeping, LLC
RECEivt:o euRc:u@ounty of Fresno
2014 SEP 17 r1Ama¢N~:4 SERVICES DEPARTMENT
ROBERT BASH, DIRECTOR -CIO
Facility Services Fleet Services Graphics
Information Technology Purchasing
Security Telecommunications
PROCUREMENT AGREEMENT
Agreement Number P-14-514-P
September 9, 2014
Central Valley Sweeping, LLC
P.O. Box 6787
Visalia, CA 93290
The County of Fresno (County) hereby contracts with DMC Sweeping, LLC (Contractor) to
perform Street Sweeping Services in accordance with the text of this agreement, Attachment
"A", County of Fresno Request for Quotation No: 988-5275 and the attached contractors
response to County of Fresno Request for Quotation No: 988-5275 by this reference made a
part hereof.
TERM: This Agreement shall become effective September 5, 2014 and shall remain in effect
through September 4, 2017.
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
Attachment "A" attached, at the rates set forth in Attachment "A".
ORDERS: Orders will be placed on an as-needed basis by Fresno County Department of
Public Works -Roads under this contract.
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 seventy-five thousand dollars ($75,000.00).
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 93702-45991 (559) 600-7110 1 Fax (559) 600-7126
PROCUREMENT AGREEMENT NUMBER: P-14-514-P
DMC Sweeping, LLC
September 9, 2014
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 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 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-14-514-P AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-14-514-P
DMC Sweeping, LLC
September 9, 2014
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 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, Dept. of Public Works and Planning-
Roads, 2220 Tulare Street, 6th Floor, Fresno, CA 93721, stating that such insurance
coverage have been obtained and are in full force; that the County of Fresno, its officers, agents
G:\PUBLIC\CONTRACTS & EXTRACTS\P\P-14-514-P AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-14-514-P
DMC Sweeping, LLC
September 9, 2014
Page4
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.
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-14-514-P AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-14-514-P
DMC Sweeping, LLC
September 9, 2014
Page 5
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. 988-5275 and the Contractor's Quote in response thereto); (2)
Attachment "A"; (3) the County's Request for Quotation No. 988-5275 and (4) the Contractor's
quotation made in response to County's Request for Quotation No. 988-5275.
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.fresno.ca.us.
FOR THE COUNTY OF FRESNO
~~e.~ Gary E. C nuelle
Purchasing Manager
4525 East Hamilton Avenue
Fresno, CA 93702-4599
Date:
GEC:DLS:hrs
G:\PUBLIC\CONTRACTS & EXTRACTS\P\P-14-514-PAGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-14-514-P
DMC Sweeping, LLC
September 9, 2014
CONTRACTOR TO COMPLETE:
Company C~:v~kJ. \ {a\\~ Sc0«-pi ""'\ , LL (_
Type of Entity:
D Individual 121. Limited Liability Company
D Sole Proprietorship D Limited Liability Partnership
D Corporation 0 General Partnership
Signed by:
9-ts-IY
Print Name and Title Date
Print Name and Title
Address State Zip
(5S1) 7")q-7£32
TELEPHONE NUMBER FAX NUMBER
ACCOUNTING USE ONLY
ORG No.: 4510
Account No.: 7295
Requisition No.: 5101400321
(08/14)
G:\PUBLIC\CONTRACTS & EXTRACTS\P\P-14-514-P AGREEMENT.DOC
Page 6
· Quotation No. 988-5275 Page 17
. .
Finn: CPKJ-\v'R~ \1 o.Mvi ~ l!:npJqs, LL-6,
QUOTATION SCHEDULE
Establish a price per hour for street sweeping services. Price is to include all labor, travel time,
· materials, equipment. taxes, etc. to provide street sweeping services-for Public Works ·
. Department-Matntenance and Operations Division as specified within this Request for
Quotation.
The annual estimated amount for this service is twenty-five thousand dollars ($25,000.00}
however; the County does not guarantee any minimum amount.
.A Rate:
1. ·zone A. Bid: (SOOA,) $ as.ou per hour.•
2. •zone a· Bid: (15%) $ f3S". oo per hour. •
3. "Zone c· Bitt: (5%} $ LO(). o·o per hour. • ~
B. Services in addition to nonnal ~ng If requested:
1. aZone A• $ \ 00 . 00 rate per hour. *
2. ·zone a· $ \ 0 0 . 60 rate per hour. *
3. "Zone ·c-$ \ 0 D · 60
rate per hour. • .
All additional services to be performed must be pre-approved by the County of Fresno
Public Works-Roads.
c. Provide a list of all equipment available for the performance of the street sweeping
service.
-::._
YEAR MAKE MoDEL SUCTioN HOPPER WATER
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eto t \ ~~~\ \t\ec m1 x~Btt:o\~,___ ____ ·x ...... · __ _.....X.:,._
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D. Indicate Minimum Charge (if applicable):
$lf $00, DD
• Vendor to be paid in arrears.
CENTRAL VALLEY SWEEPING, LLC
P .0. Box 6787
Visalia, CA 93290-6787
Phone(559)739-7532
Fax (559) 625-2980
June 19, 2014
County of Fresno
Attn: Debbie Scharnick
2220 Tulare Street, 61h Floor
Fresno, Ca 93 721
Re: RFQ# 988-5275
To whom it may concern,
This information has been submitted to the County of Fresno by Central Valley
Sweeping in response to their Request for Quotation for Street Sweeping services of
various locations and scope in Fresno County.
Central Valley Sweeping has been serving the entire Central Valley since 1977.
With over 250 scheduled clients, we have the experience and equipment needed to get the
job done right ... the first time! Our job experience includes, but is not limited to:
Municipalities, Industrial Properties, Dairies, Highway Construction and Home-
ownerships.
Central Valley Sweeping has handled the "special sweeping" needs for: The
Cities ofVisalia, Kingsburg, Reedley, Parlier, Wasco, Corcoran, and Tranquility. Our
company is the primary sweeping provider for such companies as: J.G. Boswell, Kraft
Foods, NAS-Lemoore and Granite Construction. We currently provide sweeping service
for the City of Tulare & City of Lemoore reclimite projects. Central Valley Sweeping is
a local company that puts money back into our valley.
I. UNDERSTANDING OF STREETS TO BE SWEPT & FREQUENCY:
A. Scope of Service: The scope of sweeping service for the County of
Fresno where clearly outlined in the RFQ #988-5275. Central Valley
Sweeping will provide the following services:
1. Scope of major work (estimate 80%) to be performed in the County
areas of the Fresno and Clovis Metropolitan area which is bounded by
Temperance Avenue on the east side, North Avenue on the south side,
Hayes Avenue on the west side, Shepherd Avenue on the north side, and
the San Joaquin River on the Northwest side. For the purpose of this
Request for Quotation, this area hereinafter is Zone A.
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CENTRAL VALLEY SWEEPING, LLC
P.O. Box 6787
Visalia, CA 93290-6787
Phone (559) 739-7532
Fax (559) 625-2980
2. Scope of some work (estimate 15%) to be performed within the valley
area of Fresno County outside of Zone A and below the 1,000 foot
elevation, excluding the foothill and mountain areas. For the purpose of
this Request for Quotation, this area hereinafter is Zone B.
3. Scope of some work (estimate less than 5%) to be performed in the
foothills and mountain areas outside of Zones A and B and above the
1,000 foot elevation. For the purpose of this Request for Quotation, this
area hereinafter is Zone C.
4. The areas to be swept include the roadways, bikeways, bike lanes,
curb and gutters, frontage road divider curbs, and intersection areas.
5. Private drive approaches and/or private property access areas
interfacing with areas to be swept shall not be swept unless otherwise
specifically stated in writing by the County Road Maintenance
Superintendent.
6. Most of the locations requiring sweeping are as follows and include
only the unincorporated areas of the County:
No. LOCATION LIMITS DESCRIPTION MILES
1. Van Ness Ext n/o Keats to s/o Barstow Bike Lane, w/s 0.33
2. Van Ness Ext Wrenwood to 0.3mi. n/o Bullard Bike Lane, w/s 0.42
3. Van Ness Ext 0.06 mi. s/o Sierra to Herndon Ave. Bike Lane, w/s 0.56
4. Santa Ana Fruit to Palm Bike Lane, n & s 1.00
5. Shields Sierra Vista to Chestnut Median curb, s/s 0.25
6. Chestnut Clinton to Shields Median curb, e & w 1.00
7. Chestnut frtg rd e/s Princeton to Simpson Divider e/s & w/s 0.40
8. Clovis Garland to Gettysburg Median curbs, e & w 2.33
9. Clovis frtg rd w/s Garland to Griffith Divider e/s 0.44
10. Clovis frtg rd w/s Hammel to Donner Divider e/s 0.39
11. Ashlan Clovis to Sunnyside Bike Lane, n & s 1.00
12. Olive frtg rd w/s Bush to Minnewawa Divider, both sides 0.75
13. Jensen Bypass Cedar to Chestnut Median s/s, c & g 2.00
14. Central Golden State to Recreation Divider, both sides 0.22
15. Jensen Clovis intersection Median curbs, all4 legs 0.40
16. Clovis California align. to Park Circle Drive Median curbs 1.25
17. West San Jose to San Ramon Bike Lane, e/s 0.13
18. West Calimyrna to Sierra Bike Lane, e/s, & Median 1.35
19. West Escalon to Sierra Bike Lane, w/s 0.29
20. West s/o Escalon to Tenaya Frontage rds, e/s & w/s 0.33
21. Bullard Channing to Fruit, Wilson to Maroa Bike Lane, both sides 1.50
22. Chestnut Overcrossing Muscat to Malaga Median and Curbs-both sides 1.00
TOTAL21.72
2
CENTRAL VALLEY SWEEPING, LLC
P.O. Box 6787
Visalia, CA 93290-6787
Phone (559) 739-7532
Fax (559) 625-2980
ITEMS NOT REQUIRED TOBE INCLUDED IN THE PROPOSAL:
II. ABILITY TO MANAGE AROUND DISPOSAL SCHEDULE: Based on
the Recycling & Garbage Waste disposal schedules, Central Valley
Sweeping will work with the County of Fresno to determine which day
will be the best service day for the sweeping service.
III. ABILITY TO MEET SCHEDULED FREQUENCY:
A. Operators: Central Valley Sweeping has twelve (12) full time
operators to make sure that the job is done on schedule. Four ( 4) of
these operator's are set on an "on call" schedule to allow us to handle
emergency situations (ie: sickness, injury or family emergency).
B. Equipment:
• Mechanical Brooms & Regenerative Air Sweeping
Units: Central Valley Sweeping has both Mechanical
Broom & Regenerative Air sweeping units available to
meet your sweeping needs. The mechanical broom
specializes in picking up the heavy dirt and debris that
the County wants removed.
• With a fleet consisting of eight (8) Regenerative Air (7
are PM-10 compliant) and ten (10) Power Mechanical
Broom (8 are PM-10 compliant) sweeping units,
Central Valley Sweeping is equipped to handle any
job .... and prepared with backup machines to cover any
breakdown situation. Our large fleet of sweepers
allows us to take a machine out of service for general
maintenance or repair without disrupting our service
schedule.
IV. DUST CONTROL & FUEL EFFICIENT EQUIPMENT: Our Mechanical
Broom & Regenerative Air sweeping units come equipped with PM-10
compliant dust control systems and AQMD Rule 1186 low emissions
packages.
A. Dust Control System: 220 gallon capacity polyethylene water tank; 5
gpm High Output Water electric diaphragm type pump; low water
waming light; external water level indicator; spray nozzles around
pick-up head, gutter broom(s) and inside hopper.
3
CENTRAL VALLEY SWEEPING, LLC
P.O. Box 6787
Visalia, CA 93290-6787
Phone(559)739-7532
Fax (559) 625-2980
B. Front Spray Bar Adaptation: To combat the dry conditions that occur
as a result ofliving in our Valley, we have found it necessary to
fabricate an additional spray bar onto the front of our sweeping units.
This additional spray system provides an extra application of water to
the ground, thereby eliminating any dust from being stirred into the
air.
C. Fuel Efficient Equipment: Low Emissions Package AQMD Rule
1186 compliant.
V. ABILITY TO PERFORM EXTRA SWEEPING FOR SPECIAL
EVENTS: Central Valley Sweeping is the largest sweeping company in
the Central Valley. With seventeen sweeper units and twelve employees,
we have the equipment and man power to handle any special sweeping
need. We will coordinate with your staff to provide additional sweeping
service, should the County require any emergency sweeping service.
VI. OPERATORS ABILITY TO COMMUNICATE WITH COUNTY
STAFF: At Central Valley Sweeping we believe that open
communication is imperative to the success of our working relationship.
To that end, we provide all of our employees with cell phones. These
phones can be used to communicate with the County staff directly. We
will also provide the city staff with a list of our contact cell phone
numbers, which can be called 24 hours a day.
VII. ABILITY TO PROVIDE PROOF OF INSURANCE: If awarded the bid
to sweep for the County of Fresno, we would provide a certificate naming
the County of Fresno as Additional Insured.
VIII. ABILITY TO OBTAIN A CITY BUSINESS LICENSE: Central Valley
Sweeping is a Corporation and we will use our TIN number to obtain a
business license upon being awarded the sweeping agreement.
IX. GPS TRACKING SYSTEM: Central Valley Sweeping can provide the
County of Fresno with service records tracked by our GPS Tracking
System.
A. GPS Tracking System: All of our Municipal sweeping units come
equipped with GPS tracking systems. These systems are designed to
track the street sweeper's route on a minute by minute basis. The
information that is collected by the GPS tracking unit can be converted
into monthly reports that outline the sweeping time and locations.
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CENTRAL VALLEY SWEEPING, LLC
P .0. Box 6787
Visalia, CA 93290-6787
Phone (559) 739-7532
Fax (559) 625-2980
Central Valley Sweeping wants to extend our appreciation for the opportunity to
serve the County of Fresno and its residents and for your interest in our company.
We look forward to adding you to our family ofloyal clients. If you have any
questions or concerns, please contact me at (559) 739-7532.
Respectfully submitted,
.~//~~
Matthew Bawks
Vice President -Sales
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