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HomeMy WebLinkAbout23713PURCHASING DMSION PROCUREMENT AGREEMENT WATER TREATMENT SYSTEM MAINTENANCE &.REPAIR SERVICE November 8,2002 Agreement No.230080F A-C Electric Company 1835 E.Lamona Avenue Fresno,CA 93703 The County of Fresno (County)hereby contracts with A-C Electric Company (Contractor)to purchase Maintenance and Repair Services for the Brighton Crest Water Treatment System in accordance with Attachment "A",attached and by this reference made a part hereof. TERM:This Agreement shall become effective November 15,2002 and shall remain in effect through November 14,2003. RENEWAL:Agreement shall automatically renew for an additional one (1)year period except when written notice is delivered by either party to the other expressing intent not to renew.Such notice must be delivered a minimum of sixty (60)days prior to the next expiration date of this Agreement.The maximum number of automatic one (1)year renewal periods under this Agreement is two (2). 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. DEFAULT:In case of default by Contractor,the County may procure the articles 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. MAXIMUM:In no event shall services performed and/or fees paid under this Agreement be in excess of ten thousand dollars ($10,000.00). INVOICING:An itemized invoice in duplicate shall be delivered to the County of Fresno Departmentof PublicWorks-Divisionof Planningand ResourceManagement,2220 4525 East Hamilton Avenue,Fresno,California 93702-4599 PI.ooi<\sw;:(559)456-7110 .CENTRAL5ERvrCES:(559)456-7868 -------- PROCUREMENT AGREEMENT NO.230080F A-C Electric Company November 8,2002 Page 2 Tulare Street,Suite 600,Fresno,California 93721.The Agreement number must appear on all invoices.Invoice terms shall be Net 45 Days. TERMINATION:The County reserves the right to immediately terminate this Agreement upon 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 Ag reement. AUDITS:Contractor shall,as required by law,ordinance,code or decree permit the County to audit and inspect all such records and data pertaining to this Agreement and at all reasonable times be open to inspection by authorized representatives of the County. 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 throughout the term of this 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).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. G:\CONTRACTS &EXTRACTS\F\230080F A-C ELECTRIC COMPANY-DOC PROCUREMENT AGREEMENT NO.230080F A-C Electric Company November 8,2002 Page 3 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 shall include owned and non-owned vehicles used in connection with this Agreement. C.Worker's Compensation A policy of Worker's Compensation insurance as required by the California Labor Code. 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, Purchasing Manager,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 responsible for any premiums on the policies;and that the required insurances 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 B+FSC VIII or better. INDEPENDENT CONTRACTOR:In performance of the work,duties and obligations assumed by Contract 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 G:\CONTRACTS &EXTRACTS\F\230080F A-C ELECTRIC COMPANY.DOC PROCUREMENT AGREEMENT NO.2300S0F A-C Electric Company November S,2002 Page 4 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. Please refer any inquiries in this matter to Ken Vona,Senior Buyer,at (559)456-7110. ?UNTY iL!VI,'!o Theron M .Toler Purchasing Man ger Date:7f OJ 0~ TMT:KAV:jlg G:\CONTRACTS &EXTRACTS\F\230080F A-C ELECTRIC COMPANY.DOC G:\CONTRACTS &EXTRACTS\F\230080F A-C ELECTRIC COMPANY.DOC ---u. PROCUREMENT AGREEMENT NO.2300S0F A-C Electric Company November S,2002 Attachment Page 1 of 3 A TTACHMENT '~" MAINTENANCE AND REPAIR SERVICES BRIGHTON CREST WATER TREATMENT SYSTEM A-C Electric (Contractor)agrees to perform maintenance and repairs to the water treatment system at the Brighton Crest Subdivision as described below. The water treatment system includes three separate areas identified as (1)Lakeside Controller (2)other controllers consisting of one near the subdivision pond,one at the holding tank and one in the vicinity of the holding tank and (3)the water treatment facility. SCOPE OF WORK I.Contractor shall perform an initial one-time only inspection/evaluation of the entire water treatment system and perform maintenance on same.This service shall include the following: A.Contractor shall conduct an on-site meeting with County staff prior to initiating the inspection and evaluation process. B.Inspection of all contacts of motor starters for wear and pitting. C.Check all electrical connections in enclosures and take voltage readings to insure proper operation of components. D.Remove all cobwebs,dust and other conductive materials from enclosures and all other accessible electrical related components. E.Prepare and submit a complete and detailed report,which evaluates the complete water treatment system.Such report shall (1)identify all system deficiencies (2)describe each deficiency in detail (3)make a declaration as to its seriousness relative to the continued operation of the system (4)include a detailed specification for the work that must be performed to the correct each deficiency,(5)include a firm price quotation indicating the cost to individually and collectively perform each repair specified under number 4 above.Such price quotations to include all labor,materials,equipment,taxes,etc.County will have the option to accept or reject any or all of Contractor's offers to perform repair work and (6)a detailed proposal to perform semi-annual preventative maintenance to the complete water treatment system.This proposal shall include a detailed scope of work and the cost to perform such work on an on-going basis. G:\CONTRACTS &EXTRACTS\F\230080F A-C ELECTRIC COMPANY.DOC PROCUREMENT AGREEMENT NO.2300S0F A-C Electric Company November S,2002 Attachment Page 2 of 3 II.Contractor shall perform other repair and maintenance services on an as-needed basis as requested by County over the term of this Agreement. Services to be performed by a Journeyman class electrician or equivalent. All labor shall be charged as straight time rate unless pre-approved by County. Cost of materials to be charged as indicated below under "PRICE SCHEDULE". PRICE SCHEDULE I.$4,500.00Initiallnspection/Evaluation Cost shall be the lesser of $4,500.00 or the amount of the actual labor and materials used when charged at the labor and materials rates stated under numbers II,III and IV below. II.As needed Repairs and Maintenance Labor to be charged to County at an hourly rate. Hourly Rates -Journeyman Class Electrician (including a fully equipped service truck) Monday through Friday 7:00 a.m.to 3:30 p.m.(Straight Time) $58.00 Per Hour Monday through Friday 3:30 p.m.to 5:30 p.m. and 8 hours on Saturday (Time and a half) All time after 8 hours,Sunday and holidays (double time)except as noted above. $75.00 Per Hour $90.00 Per Hour III. Labor to be charged in one-fourth (~)hour increments.A partial increment shall be considered a total increment for billing purposes. Travel Time: Contractor may invoice County for travel time incurred when performing additional services requested by County. Travel time shall be the actual travel time incurred by Contractor when going directly to Brighton Crest from the Contractor's Fresno,California company yard. G:\CONTRACTS &EXTRACTS\F\230080F A-C ELECTRIC COMPANY.DOC PROCUREMENT AGREEMENT NO.230080F A-C Electric Company November 8,2002 Attachment Page 3 of 3 Actual travel time for travel from Brighton Crest directly to the Contractor's company yard will be allowed. Charges for travel time shall be based on actual but shall not exceed the maximum stated below.The maximum charge for travel time in each direction shall be one (1)hour billed at the applicable hourly rate for a maximum of one (1) journeyman electrician.E"A-c.+\-~Materials:IV. Materials used in performance of work authorized by County on an as-needed basis shall be billed to County and priced as follows: Base price shall be as stated under Contractor's Column Three Pricing.The base price shall be marked up by an amount equal to twenty-five percent (25%); ten percent (10%)profit and fifteen percent (15%)overhead. Contractor shall provide proof of Column Three Pricing upon County's request. G:\CONTRACTS &EXTRACTS\F\230080F A-C ELECTRIC COMPANY.DOC