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Home My WebLink About27375County of Fresno INTERNAL SERVICES DEPARTMENT ROBERT BASH, DIRECTOR -CIO Facility Services Fleet Services Graphics Information Technology Purchasing Security Telecommunications PROCUREMENT AGREEMENT Agreement Number P-14-562-P September 11, 2014 Ambient Environmental, Inc. Attn: Denise Payne 1464 Sixth Street Norco, CA 92860 The County of Fresno (County) hereby contracts with Ambient Environmental, Inc. (Contractor) to Asbestos & Lead-Sampling, Testing & Training in accordance with the text of this agreement, Attachment "A", County of Fresno Request for Quotation No: 910-5276 and the attached contractors response to County of Fresno Request for Quotation No: 910-5276 by this reference made a part hereof. TERM: This Agreement shall become effective October 1, 2014 and shall remain in effect through September 30, 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 the County of Fresno Department of RISK Management 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 twenty-five thousand dollars ($25,000.00). 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 F~esno, Califo~nia 93702-45991 (559) 600-7110 1 Fax (559) 600-7126 PROCUREMENT AGREEMENT NUMBER: P-14-562-P Ambient Environmental, Inc. September 11, 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\C~CTS & EXTRACTS\P\P-14-562-P AGREEMENT.DOC PROCUREMENT AGREEMENT NUMBER: P-14-562-P Ambient Environmental, Inc. September 11, 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, RISK Management Attn: Devon Benbrook 2220 Tulare Street, 16th 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-14-562-P AGREEMENT.DOC PROCUREMENT AGREEMENT NUMBER: P-14-562-P Ambient Environmental, Inc. September 11, 2014 Page 4 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 AM. 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 an.d 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\C~CTS & EXTRACTS\P\P-14-562-P AGREEMENT.DOC PROCUREMENT AGREEMENT NUMBER: P-14-562-P Ambient Environmental, Inc. September 11, 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. 910-5276 and the Contractor's Quote in response thereto); (2) Attachment "A"; (3) the County's Request for Quotation No. 910-5276 and (4) the Contractor's quotation made in response to County's Request for Quotation No. 910-5276. 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 ore- mail dscharnick@co.fresno.ca.us FOR THE COUNTY OF FRESNO ~e.,~~ Gary E. ornuelle Purchas1 g Manager 4525 East Hamilton Avenue Fresno, CA 93702-4599 Date: GEC:DLS:hrs G:\PUBLIC\CONTRACTS & EXTRACTS\P\P-14-562-P AGREEMENT.DOC PROCUREMENT AGREEMENT NUMBER: P-14-562-P Ambient Environmental, Inc. September 11, 2014 CONTRACTOR TO COMPLETE: Company: f\mb,ecl ~Vl\/i ronmenfccL Tnc~. Type of Entity: 0 Individual 0 Sole Proprietorship ·~ Corporation 0 Limited Liability Company 0 Limited Liability Partnership 0 General Partnership State Zip Page 6 TELEPHONE NUMBER FAX NUMBER ~amlO;etJteaV. com E-MAIL ADDRESS ACCOUNTING USE ONLY ORG No.: 8925 Account No.: 7295 Requisition No.: 8921400174 (08/14) G:\PUBLIC\CONTRACTS & EXTRACTS\P\P-14-562-PAGREEMENT.DOC Quotation No. 910-5276 Page 17 QUOTATION SCHEDULE ASBESTOS CONSULTANT: Shall be a Certified Asbestos Consultant, certified by the State of California Occupational Safety & Health (OSHA) Division. Quote will include all labor, material, equipment, laboratory testing, taxes, etc. to provide asbestos detection services, training, consulting and monitoring services as specified within this Request for Quotation. Bidders are to quote Consultant and Technician costs separately. -, Unit of Measure Cost Per Unit of Cost Per ExQedited Measure Measure Phase Contrast Microscopy (PCM) Sample 1. 00 1. 00 Polarized Light Microscopy (AHERA method) Sample See Below See Below 1. Standard Sample 12.00 15.00 2. Complex Sample 1. 00 1. 00 Point Counting Sample 135.00 135.00 Transmission Electron Microscopy (TEM) Sample 50.00 75.00 Personal Air Monitoring (per person (sampling only)) Sample 10.00 10.00 Sample Collection-other than personal air monitoring Sample 45.00 45.00 Service Fee-Certified Asbestos Consultant Hour ~~-~ 45.00 Service Fee-Certified Asbestos Consultant-Overtime Rate Hour 45.00 45.00 - Service Fee-Site Surveillance Technician Hour _'(.)r VV -4t). 00 40.00 Service Fee-Site Surveillance Technician-Overtime Rate Hour 40.00 40.00 Training Lot 1. Training session to include 20 to 30 participants 650.00 N/A 2. Additional cost for each participant in excess of 30 -0 N/A 3. Discount for i.1. above (price per session) if two sessions are held on the same date at the same -0 N/A facility (e.g. morning & afternoon) 4. Maximum number of participants per session 3.5 N/A G:\PUBLIC\RFQ\910-5276 ASBESTOS & LEAD-SAMPLING, TESTING & TRAINING. DOC Quotation No. 91 0-5276 Page 18 ASBESTOS TECHNICIAN: Shall be Certified Site Surveillance Technicians, certified by the State of California Occupational Safety & Health (OSHA) Division. Quote will include all labor, material, equipment, laboratory testing, taxes, etc. to provide asbestos detection services, training, consulting and monitoring services as specified within this Request for Quotation. Bidders are to quote Consultant and Technician costs separately. Unit of Measure Cost Per Unit of Cost Per Ex(!edited Measure Measure Phase Contrast Microscopy (PCM) Sample 1. 00 1. 00 Polarized Light Microscopy (AHERA method) Sample See Be.Low See Below 1. Standard Sample 12.00 15.00 2. Complex Sample 1. 00 1. 00 Point Counting Sample 1~~ 00 13S 00 Transmission Electron Microscopy (TEM) Sample 50.00 75.00 Personal Air Monitoring (per person (sampling only}) Sample 10.00 10.00 Sample Collection-other than personal air monitoring Sample 45 00 45 00 Service Fee-Certified Asbestos Consultant Hour 45.00 45.00 Service Fee-Certified Asbestos Consultant-Overtime Rate Hour 45.00 45.00 Service Fee-Site Surveillance Technician Hour 40.00 40.00 Service Fee-Site Surveillance Technician-Overtime Rate Hour 40.00 40.00 Training Lot 1. Training session to include 20 to 30 participants 650.00 N/A u 2. Additional cost for each participant in excess of 30 -N/A 3. Discount for i.1. above (price per session) if two sessions are held on the same date at the same -0 N/A facility (e.g. morning & afternoon) 4. Maximum number of participants per session 35.00 N/A G:\PUBLIC\RFQ\910-5276 ASBESTOS & LEAD-SAMPLING, TESTING & TRAINING.DOC Quotation No. 910-5276 Page 19 LEAD CONSULTANT: Shall be certified by the State of California Department of Public Health as an Inspector/Assessor and/or Project Manager. Quote will include all labor, material, equipment, laboratory testing, taxes, training, etc. for lead detection services as specified within this Request for Quotation. Unit of Measure Cost Per Unit of Cost Per Ex~edited Measure Measure Air monitoring using CCR, Title 8, 1532.1 Protocol Sample 100.00 100.00 Lead Detection Sampling and Testing DHS Protocol Sample 14.50 20.60 Sample using XFR Instrument Sample 5.00 N/A Service Fee· Consultation Hour 45.00 45.00 Service Fee-Consultation· Overtime Rate Hour 45.00 45.00 Service Fee-Technician Hour 40.00 40.00 Service Fee-Technician-Overtime Rate Hour 40.00 40.00 Training as identified in CCR, Title 8, Section 1532.1 (1)(1)(A) as Lot specified 1. Training session to include 20 to 30 participants 650.00 N/A 2. Additional cost for each participant in excess of 30 0 N/A 3. Discount from h. 1. Above (price per session) if two sessions are held on the same date at the same N/A facility (e.g. morning & afternoon): 0 4. Maximum number of participants per session: N/A ":\t:; 00 G:\PUBLIC\RFQ\910-5276 ASBESTOS & LEAD-SAMPLING, TESTING & TRAINING. DOC Quotation No. 910-5276 Page 20 LEAD TECHNICIAN: Shall be certified by the State of California Department of Public Health as an Inspector/Assessor and/or Project Manager. Quote will include all labor, material, equipment, laboratory testing, taxes, training, etc. for lead detection services as specified within this Request for Quotation. Unit of Measure Cost Per Unit of Cost Per Exgedited Measure Measure Air monitoring using CCR, Title 8, 1532.1 Protocol Sample 100.00 100.00 Lead Detection Sampling and Testing DHS Protocol Sample 14.50 20.60 Sample using XFR Instrument Sample 5.00 N/A Service Fee-Consultation Hour 45.00 45.00 Service Fee-Consultation-Overtime Rate Hour 45.00 45.00 Service Fee-Technician Hour 40.00 40.00 Service Fee-Technician-Overtime Rate Hour 40.00 40.00 Training as identified in CCR, Title 8, Section 1532.1 (1)(1)(A) as Lot specified 1. Training session to include 20 to 30 participants 650.00 N/A 2. Additional cost for each participant in excess of 30 0 N/A 3. Discount from h. 1. Above (price per session) if two N/A sessions are held on the same date at the same 0 facility (e.g. morning & afternoon): 4. Maximum number of participants per session: 35.00 N/A OTHER MINIMUM CHARGES: None ADDITIONAL FEES AND/OR CHARGES: None G:\PUBLIC\RFQ\910-5276 ASBESTOS & LEAD-SAMPLING, TESTING & TRAINING. DOC Quotation No. 910-5276 Page 21 TOTALS SUMMARY ASBESTOS $ NA LEAD $ NA NA TOTAL $ Minimum Charges: State and explain all minimumN<A'arges, if any. Additional fees and or charges: State all other charges that could be assessed to perform the services specified under this RFQ (e.g. mileage, rates, for sample delivery). Provide a specific and detailed description of all fees or charges and when they apply. The bidder shall provide a specified and detailed description of the services included at the rates quoted above. Any additional costs applicable are to be stated here. A non-response to this section will be the bidder's indication that no other charges will apply. For services required outside the scope of this RFQ, the bidder shall state the hourly rate for consultants, technicians and any other positions that may be charged to the County. The bidder shall define the terms "Consultant" and "Technician" as the bidder intends them to be used with respect to this RFQ. Definitions shall be detailed, specific and include credentials and experience. G:\PUBLIC\RFQ\910·5276 ASBESTOS & LEAD· SAMPLING, TESTING & TRAINING. DOC