HomeMy WebLinkAboutACCO Engineered Systems Service Contract - BID 12301639 - 11-7-23GSD-B Service Contract – Contractor (10-2023)
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SERVICE CONTRACT
THIS CONTRACT (Contract) is made and entered into by and between the CITY OF
FRESNO, a California municipal corporation (City), and , ACCO Engineered Systems, a
California corporation (Contractor), as follows:
1. CONTRACT DOCUMENTS. The "Notice Inviting Bids," "Instructions to
Bidders," "Bid Proposal," and the "Specifications" including "General Conditions",
"Special Conditions" and "Technical Specifications" for the following: ANNUAL
BACKFLOW ASSEMBLY TESTING AND CERTIFICATION (Bid File No. 12301639)
copies of which are annexed hereto, together with all the drawings, plans, and documents
specifically referred to in said annexed documents, and are hereby incorporated into and
made a part of this Contract, and shall be known as the Contract Documents.
2. PRICE. For the monetary consideration of $165,900.00, as set forth in the
Bid Proposal, Contractor promises and agrees to furnish or cause to be furnished, in a
new and working condition, and to the satisfaction of City, and in strict accordance with
the Specifications, all of the items as set forth in the Contract Documents.
3. PAYMENT. City accepts Contractor's Bid Proposal as stated and agrees to
pay the consideration stated, at the times, in the amounts, and under the conditions
specified in the Contract Documents.
4. INDEMNIFICATION: To the furthest extent allowed by law, including
California Civil Code section 2782 (if applicable), Contractor shall indemnify, hold
harmless and defend City and each of its officers, officials, employees, agents and
volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages
(whether in contract, tort or strict liability, including, but not limited to personal injury, death
at any time and property damage) incurred by City, Contractor or any other person, and
from any and all claims, demands and actions in law or equity (including reasonable
attorney's fees, litigation expenses, and costs to enforce this Contract), arising or alleged
to have arisen directly or indirectly out of performance of this Contract. Contractor's
obligations under the preceding sentence shall apply regardless of whether City or any of
its officers, officials, employees, agents or volunteers are passively negligent, but shall
not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by
the active or sole negligence, or by the willful misconduct, of City or any of its officers,
officials, employees, agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under
this Contract, Contractor shall require each subcontractor to indemnify, hold harmless
and defend City and each of its officers, officials, employees, agents, and volunteers in
accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
5. The City Manager, or designee, is hereby authorized and directed to execute
and implement this Agreement. The previous sentence is not intended to delegate any
authority to the City Manager to administer the Agreement, any delegation of authority
must be expressly included in the Agreement.
[Signatures follow on the next page.]
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GSD-B Service Contract – Contractor (10-2023)
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IN WITNESS WHEREOF, the parties have executed this Contract on the day and year
here below written, of which the date of execution by City shall be subsequent to that of
Contractor’s, and this Contract shall be binding and effective upon execution by both
parties.
CITY OF FRESNO, A California municipal corporation
By:
Melissa Perales
Purchasing Manager
General Services Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Date
Sup./Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
ACCO ENGINEERED SYSTEMS, A California corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title: (If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Addresses:
CITY:
City of Fresno
Attention: Mark Rivas, Senior
Management Analyst
2600 Fresno St.
Fresno, CA 93721
Phone: (559) 621-1314
E-mail: mark.rivas@fresno.gov
CONTRACTOR:
ACCO Engineered Systems, Inc.
Attention: Kemba Parker, Project
Manager
2361 Qume Drive
San Jose, CA 95131
Phone: (408) 416-7569
E-mail: kparker@accoes.com
DocuSign Envelope ID: B6973257-C6B7-4CA5-977B-8B604FC9F672
Vice President
Charles Oberosler
11/3/2023
Hugh Palmer
Assistant Secretary
11/3/2023
11/3/2023
11/3/2023
11/7/2023
11/7/2023
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
City of Fresno
Legislation Details (With Text)
File #: Version:1ID 23-1365 Name:
Status:Type:Action Item Agenda Ready
File created:In control:9/13/2023 City Council
On agenda:Final action:10/5/2023
Title:Award a requirements contract to ACCO Engineered Systems, Inc. for one year with four optional one
-year extensions in the amount up to $165,900.00 per year to provide annual backflow assembly
testing and certification for various facilities and parks (Bid File 12301639) (City Wide)
Sponsors:Public Works Department
Indexes:
Code sections:
Attachments:1. 23-1365 Bid Evaluation, 2. 23-1365 Committee Evaluation Report - Pricing Comparison
Action ByDate Action ResultVer.
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:BRIAN E. RUSSELL, Assistant Director
Public Works Department, Streets, Landscape, and Graffiti Divisions
MARK A. RIVAS, Senior Management Analyst
Public Works Department, Streets, Landscape, and Graffiti Divisions
SUBJECT
Award a requirements contract to ACCO Engineered Systems, Inc. for one year with four optional
one-year extensions in the amount up to $165,900.00 per year to provide annual backflow assembly
testing and certification for various facilities and parks (Bid File 12301639) (City Wide)
RECOMMENDATION
Staff recommends that the City Council award a requirements contract in the amount up to
$165,900.00 plus 20% contingency per year for one-year with the option for four, one-year
extensions to ACCO Engineered Systems, Inc. of Pasadena, California as the best value for annual
backflow assembly testing and certification and to authorize the Public Works Director or designee to
sign the contract on the City’s behalf.
EXECUTIVE SUMMARY
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The Landscape Division of Public Works is seeking a requirements contract to procure annual
backflow assembly testing and certification for various City facilities and parks. A backflow assembly
is a device that is connected to the potable water service and protects the City’s water source from
the possibility of contaminated water back flowing into the City’s public water system. California
Administrative Code Title 17, sections 7583 through 7605 and Chapter 6, Article 8 of the Fresno
Municipal Code requires that they are tested annually. This contract will test approximately 1800
backflow assemblies annually that serve various City landscape irrigation systems throughout the
City. Once the backflow device is tested, the City is required by the State to document that all
backflow prevention assemblies are tested and in proper functioning condition. The Landscape
Maintenance Division coordinates with the Department of Public Utilities Water Division to ensure
that this certification is done correctly and in adherence to State and Local code.
BACKGROUND
On May 26th, 2023, the City posted a new RFP on PlanetBids for qualified vendors to bid on annual
backflow assembly testing and certification services at various City facilities and parks. Following the
receipt of seven bids on June 20th, 2023, an evaluation committee was formed which was comprised
of the Landscape Division’s Public Works Manager, Landscape Superintendent and Senior
Management Analyst as well as a Facility Manager representing Airports, an Operations Manager
representing DPU’s Wastewater Division, a Reclamation Coordinator representing DPU’s Water
Division, and the Procurement Specialist assigned to the project. The goal of the committee was to
thoroughly review each proposal in order to recommend the best value to Council. As part of the
review, the committee members evaluated the proposers on 1) cost as shown on the proposal form,
2) ability to meet the stated service requirements, 3) past performance and experience based on
references, and 4) conformance to the terms and conditions of the RFP. In addition to the
established criteria, the committee also reviewed references and information collected from follow-up
questionnaires requested of the four finalists.
The committee met twice over the course of three weeks to evaluate bids submitted by seven
separate contractors. All seven contractors submitted bids deemed to be complete by Purchasing.
The bids were competitive in many respects, however, after lengthy discussion, the committee
decided to narrow down the field to the four bidders with cost proposals within Division estimates.
The remaining bidders were then subjected to additional research and analysis, which included
subsequent contractor questionnaires and reference checks. During this process, one of the four
finalists removed themselves from consideration stating lack of sufficient resources due to
unforeseen personal commitments. Following the additional due diligence and evaluation of the
remaining three contractors, the committee unanimously voted to recommend the proposal from
ACCO Engineered Systems Inc. (ACCO) based on the following two key factors:
·Reference Strength - ACCO received strong recommendations from the references they
supplied. This was in stark contrast to the other finalists.
·Price - While they did not submit the lowest bid, the fact that they submitted the second lowest
remaining bid coupled with their superior reference check, made ACCO the clear choice.
These areas represented what were ultimately the key differentiators between the three remaining
finalists and drove the committee to determine that ACCO’s proposal presented the least amount of
risk for the City and represented the best value.
The City Attorney Office has reviewed and approved to form.
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File #:ID 23-1365,Version:1
Staff recommends that the City Council award a requirements contract in the amount up to
$165,900.00 plus 20% contingency per year for one-year with the option for four, one-year
extensions to ACCO Engineered Systems, Inc. of Pasadena, California as the best value for annual
backflow assembly testing and certification and to authorize the Public Works Director or designee to
sign the contract on the City’s behalf.
ENVIRONMENTAL FINDINGS
Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378, awarding of this
contract is not a project for the purposes of CEQA.
LOCAL PREFERENCE
Local Preference does not pertain to RFPs.
FISCAL IMPACT
Appropriations for annual backflow assembly testing and certification consist of Community
Sanitation and General Fund.
Attachments:
Bid Evaluation
Committee Evaluation Report - Pricing Comparison
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RFP 05-2021
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REQUEST FOR PROPOSALS
FOR
REQUIREMENTS CONTRACT FOR
ANNUAL BACKFLOW ASSEMBLY TESTING AND CERTIFICATION
PROPOSAL NUMBER: 12301639
PROPOSAL SUBMISSION DEADLINE: Prior to 3:00 p.m., June 20, 2023
PROPOSAL CONTACT: Sherri Cuadros
PURCHASING DIVISION
Email: Sherri.Cuadros@fresno.gov
Phone: (559) 621-1151 OR 621-1332
Fax: (559) 457-1360
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CITY OF FRESNO
PROPOSAL SPECIFICATIONS
REQUEST FOR PROPOSALS
REQUIREMENTS CONTRACT FOR ANNUAL BACKFLOW ASSEMBLY TESTING AND
CERTIFICATION
Table of Contents
I - INTRODUCTION ....................................................................................................................................................... 3
NOTICE INVITING PROPOSALS........................................................................................................................................ 4
INSTRUCTIONS TO PROPOSERS ...................................................................................................................................... 6
Submittal of Proposal ................................................................................................................................................ 6
ACH Payment Initiative -Electronic Payment ............................................................................................................ 6
ADA ........................................................................................................................................................................... 7
Public Records ........................................................................................................................................................... 7
Selection Process and Evaluation Criteria ................................................................................................................. 7
Time to Award ........................................................................................................................................................... 8
Contract Documents ................................................................................................................................................. 8
Questions, Clarifications, and Concerns .................................................................................................................... 8
Contacts with City Staff ............................................................................................................................................. 8
REGULATED COMMUNICATIONS IN CITY PROCUREMENT PROCESS ORDINANCE .................................................... 9
Notification of Staff Determination .......................................................................................................................... 9
Debarment ................................................................................................................................................................ 9
OUTREACH TO SMALL BUSINESS ENTERPRISES IN SUBCONTRACTING ..................................................................... 9
II - PROPOSAL AND CONTRACT DOCUMENTS ............................................................................................................ 11
CHECK LIST ................................................................................................................................................................... 12
COST PROPOSAL........................................................................................................................................................... 13
PROPOSER QUALIFICATION QUESTIONNAIRE .............................................................................................................. 14
REFERENCES ................................................................................................................................................................. 16
STATEMENT OF ACCEPTANCE OF THE INDEMNIFICATION ........................................................................................... 17
NONCOLLUSION DECLARATION ................................................................................................................................... 18
ADDENDA ..................................................................................................................................................................... 19
PROPOSAL DEPOSIT ..................................................................................................................................................... 20
SIGNATURE PAGE ......................................................................................................................................................... 22
SAMPLE CERTIFICATION ............................................................................................................................................... 24
SAMPLE SERVICE CONTRACT ....................................................................................................................................... 25
III - GENERAL CONDITIONS ........................................................................................................................................ 27
MINIMUM LIMITS OF INSURANCE ...................................................................................................................... 30
IV – SPECIAL CONDITIONS.......................................................................................................................................... 38
V - SCOPE OF WORK .................................................................................................................................................. 41
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I - INTRODUCTION
- Notice Inviting Proposals
- Instructions to Proposers
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NOTICE INVITING PROPOSALS
Electronic Proposals will be received by the office of the Purchasing Manager of the City of
Fresno, all in accordance with the Specifications for:
REQUIREMENTS CONTRACT FOR
ANNUAL BACKFLOW ASSEMBLY TESTING AND CERTIFICATION
REQUEST FOR PROPOSALS NO. 12301639
The City of Fresno Department of Public Works Landscape Maintenance Division,
Department of Public Utilities Wastewater Division, and Fresno Yosemite International
Airport are soliciting proposals to test all backflow devices connected to the City’s water
distribution system annually. The City has approximately 1800 backflow devices that need
to be tested. This request is for a ONE (1) year Contract with FOUR (4) possible ONE (1)
year extensions.
The RFP forms, Instructions to Proposers, copies of plans and/or specifications may be
obtained from the Office of the Purchasing Manager (phone 559 621 -1332) via the City’s
web site: http://www.fresno.gov, Doing Business (at the top of the screen), Bid Opportunities.
Proposals may be submitted electronically via Planet Bids only.
Proposals are to be submitted electronically using Planet Bids prior to the opening at
3 p.m. on Tuesday, June 20, 2023, at which time they will be publicly opened and
recorded. Join the bid opening meeting at https://zoom.us/j/92047244398 or call (669)
900-9128, meeting ID 920 4724 4398.
All proposals must be made on the proposal forms provided by the Purchasing
Manager and must be accompanied by a deposit in the amount of FIVE HUNDRED
DOLLARS ($500) in the form of a Cashier's or Certified Check, an irrevocable letter of credit,
a certificate of deposit, or a bidder's bond of a corporate surety, authorized by the California
Insurance Commissioner to do business in the State of California, payable and acceptable
to the City of Fresno. All deposits will be held until a Contract has been executed with the
successful Proposer or all proposals have been rejected. Copies of Proposal Deposits may
be submitted electronically, with the exception of a certified or cashier’s check, which must
be brought to the Purchasing Manager’s office prior to the bid opening and labeled
accordingly with proposal number.
The City of Fresno hereby notifies all Proposers that no person shall be excluded from
participation in, denied any benefits of, or otherwise discriminated against in connection with
the award and performance of any contract on t he basis of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation or on any other basis prohibited by law.
No proposal conference will be held.
Services of an interpreter and additional accommodations can be made available. Requests
for accommodations should be made at least five working days but no later than 48 hours
prior to the scheduled meeting/event. Please contact the Procurement Specialist listed on
the cover at 559-621-1151 or Sherri.Cuadros@fresno.gov.
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No proposal will be considered for award unless the Proposer at the time of the bid opening,
is licensed with a valid Class "C-36" Contractor's License issued by the State of California.
The City of Fresno reserves the right to reject any and all proposals.
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INSTRUCTIONS TO PROPOSERS
REQUIREMENTS CONTRACT FOR
ANNUAL BACKFLOW ASSEMBLY TESTING AND CERTIFICATION
REQUEST FOR PROPOSALS NO. 12301639
1. No proposal will be considered for award unless it is submitted on the proposal forms furnished
by the Purchasing Manager, completely filled out, properly signed by the Proposer and filed
electronically via Planet Bids before the date and time specified in the Notice Inviting Proposals. The
time clock in the Purchasing Division will be the official clock for documenting the time of filing.
2. No proposal will be considered for award unless the Proposer has complied with the following:
Proposers must submit a deposit in the amount of FIVE HUNDRED DOLLARS ($500) with their
proposal in the form of a Certified or Cashier's Check, an irrevocable letter of credit, a certificate of
deposit, or a bidder's bond of a corporate surety, authorized by the California Insurance Commissioner
to do business in the State of California, payable and acceptable to the City of Fresno. Such deposit
shall be retained by the City of Fresno as a guarantee that the Proposer, if awarded all or part of the
proposal, will, within fifteen (15) calendar days (except in the event federal funding is applicable to this
Contract, then 10 working days) from the date the Notice of Award is mailed to the Proposer, execute
and return a Contract furnished by the City. All deposits will be returned when the Contract(s) has been
executed for all items awarded, or if all proposals are rejected. Copies of Bid Deposits may be submitted
electronically, with the exception of a certified or cashier’s check, which must be brought to the
Purchasing Manager’s office prior to the bid opening and labeled accordingly with proposal number.
3. The City will award a Contract or reject any or all proposals within the time stated in the
Specifications, and no proposal may be withdrawn within that period of time. Any award of a Contract
exceeding $50,000, shall be subject to the approval of the City Council.
4. The City reserves the right to reject any and all proposals.
Submittal of Proposal
5. Each Proposer shall carefully examine each and every term of this Request for Proposal s; and
each Proposer shall judge all the circumstances and conditions affecting its proposal. Failure on the
part of any Proposer to make such examination and to investigate thoroughly shall not be grounds for
any declaration that the Proposer did not unde rstand the conditions of this Request for Proposals.
6. The Proposer shall comply with any and all federal, state, or local laws, now in effect or hereafter
promulgated, which apply to the services and products herein specified.
7. This solicitation for proposals does not commit the City of Fresno to enter into a Contract or to pay
any costs incurred in the preparation of responses to the request. The City of Fresno reserves the right
to accept or reject any proposals, and to negotiate with any qualified source, or to cancel in part or in
its entirety this Request for Proposals. It may accept the proposal that it considers to be in the interest
of the City of Fresno, with or without negotiation.
8. The City reserves the right to waive any informality or minor irregularity when it is in the best
interest of the City to do so, to negotiate for the modification of any proposal with mutual consent of the
Proposer, to re-advertise for proposals if desired, and to accept the proposal which in the judgment of
the City, even though it does not offer the lowest cost, is nevertheless deemed to offer the best value
for the public and City. Any proposal which is incomplete, conditional, obscure, or which contains
irregularities of any kind, may be cause for rejection.
ACH Payment Initiative -Electronic Payment
Proposer shall provide complete and accurate billing invoices in order to receive payment. Billing
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invoices submitted must contain all information and supporting documentation required by the
contract. Payment for invoices submitted by the proposer shall only be rendered electronically unless
payment by paper check is expressly authorized by the Controller, in the Controller’s sole discretion,
due to extenuating circumstances. Such electroni c payment shall be made in accordance with
ordinary City procedures and practices. The proposer shall comply with the Controller’s procedures
to authorize electronic payments. Proposer acknowledges that it will not receive payment on any
invoices submitted under this Contract if it does not comply with the Controller’s electronic payment
procedures, except where the Controller has expressly authorized payment by paper check as set
forth above.
ADA
Accessibility Requirements: Supplier warrants that it complies with California and federal disabilities
laws and regulations; and the Services will conform to the accessibility requirements of WCAG 2.0AA.
Supplier agrees to promptly respond to and resolve any complaint regarding accessibility of its
Services. The City may require Proposer to comply with these accessibility requirements if they are
awarded a contract.
Public Records
9. The proposals received shall become the property of the City of Fresno and are subject to public
disclosure. Those parts of a proposal which are defined by the Proposer as business or trade secrets
as that term is defined in California Civil Code, Section 3426.1, and are reasonably marked "Trade
Secrets", "Confidential", or "Proprietary", and placed in a separate envelope shall only be disclosed to
the public if such disclosure is required or permitted under the California Public Records Act or
otherwise by law. Proposers who indiscriminately and without justification identify most , or all, of their
proposal as exempt from disclosure may not be considered for award. Proposals, excluding
confidential information, will be available for review after posting of staff recommendation.
Selection Process and Evaluation Criteria
10. Proposal Evaluation
The Selection Committee will review and evaluate all proposals after formal receipt. To receive proper
consideration, the proposal must meet the requirements of these Specifications. The evaluation
process will provide credit only for those capabilities and advantages which are clearly stated in the
Proposer's written proposals. In other words, advantages which are not stated will not be considered
in the evaluation process.
Proposers whose proposals include a failure to comply with or take exception to these Specifications
may not be considered for award and dropped from the evaluation process.
The Selection Committee will evaluate the proposals on the following criteria:
a. Cost as shown on the proposal form.
b. Ability to meet the stated service requirements.
c. Past Performance and Experience based on References and experience shown on
"Statement of Qualifications and Experience."
d. Conformance to the terms and conditions of the RFP.
The City reserves the right to accept or reject any or all proposals and may select, and negotiate with
one or more Proposers concurrently, and enter into a Contract with such Proposer who is determined,
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by the City, to provide the services which are in the interest of the City. The City may agree to such
terms and conditions as it may determine to be in its interest.
11. The Selection Committee reserves the right to request additional information from Proposers, to
negotiate terms and conditions of the Contract, to visit sites, to request demonstrations or oral
presentations, or ask Proposers to appear before the Selection Committee to clarify points of their
proposal.
12. Selection will be based on qualitative analysis and cost. Any award shall be on the basis of the
criteria specified and made to the Proposer whose proposal is judged as providing the best value in
meeting the interest of the City and the objectives of the project, at the City’s sole discretion.
13. The City reserves the right to make the selection of a Proposer based on a ny or all factors of
value, whether quantitatively identifiable or not, including, but not limited to, the anticipated initiative
and ability of the Proposer to perform the services set forth herein.
Time to Award
14. The Proposer agrees that the City may have ONE HUNDRED TWENTY (120) DAYS to accept or
reject proposals. It is further understood that, if the Proposer to whom any award is made fails to enter
into a Contract as provided in the Specifications, award may be made to another Proposer, who shall
be bound to perform as if she/he had received the award in the first instance.
Contract Documents
15. The proposer shall submit the required contract documents in a form acceptable to the Purchasing
Division 2101 G Street, Bldg. A, Fresno, CA 93706 within 15 calendar days (except in the event in the
event federal funding is applicable to this Contract, then 10 working days) from the Notice of Award of
proposal. Failure to provide said documents within the designated period shall be sufficient cause to
award to the next proposer offering the next best value to the City.
Questions, Clarifications, and Concerns
16. The Specifications describing this project have been carefully prepared. Any questions or
concerns relating to these Specifications shall be directed in writing to the designated Procurement
Specialist of the Purchasing Division (see cover page) and may be submitted electronically by utilizing
the Question and Answers field on Planet Bids.
Questions will be accepted only up to five (5) working days prior to the proposal date to allow the City,
if necessary, to issue an addendum to all proposers stating revisions, deletions, or additions to be made
to the Specifications as a result of any questions. If questions arise after the deadline, please contact
the designated Procurement Specialist of the Purchasing Division, but the City will not guarantee a
response.
The City will not be responsible for verbal responses made by parties other than the Purchasing
Manager or designee.
Contacts with City Staff
17. Before an award is made, any contact with City staff, other than the Purchasing Manager or
designee(s), without prior written authorization is strictly prohibited and may render the Proposer non -
responsible.
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REGULATED COMMUNICATIONS IN CITY PROCUREMENT PROCESS ORDINANCE
18. The Regulated Communications in City Procurement Process Ordinance (Article 6, Chapter 4
of the Fresno Municipal Code) became effective May 7, 2004. With certain specified exceptions, the
Ordinance provides that no Respondent, Bidder, Proposer (as the case may be) shall initiate, engage
in, or continue any communication to or with any City elected official concerning or touching upon any
matter which is the subject of this competitive procurement process.
Any Respondent, Bidder, Proposer or elected official (as the case may be) who initiates, engages in,
continues in, or receives any regulated communication shall file the written disclosure required by the
Regulated Communications in City Procurement Process Ordinance.
Any Respondent, Bidder, or Proposer violating the Regulated Communications in City Procurement
Process Ordinance may be disqualified from participating in this procurement process and/or
determined to be non-responsible. Additionally, the City may set aside the award of a contract, prior to
its execution, to a party found to have violated the Ordinance.
Note: The full text of Fresno Municipal Code Chapter 4, Article 6 may be obtained at the City Clerk’s
office and by logging onto the City’s website at http://www.fresno.gov, under the “Government” tab
located on the top left portion of the home page, “City Clerk” section located at the center of the page,
“Fresno Municipal Code” sub-section located on the right of the page. The Fresno Municipal Code can
also be viewed directly at: https://library.municode.com/ca/fresno/codes/code_of_ordinances
Notification of Staff Determination
19. Once the City has reviewed and evaluated the proposals received and has determined for award
the responsible proposal that provides the best value to the City, that determination will be posted on
the City's website http://www.fresno.gov, reference link “Departments” (at the top of screen), “General
Services,” “Purchasing,” and “Anticipated Formal Bid Award.” It is the sole responsibility of interested
Proposers to seek this information.
Proposers will be given an opportunity to submit, in writing, within 5 days to the Purchasing Manager
any concerns with the RFP process or Staff Determination. Such writing will be taken under
consideration by the City Manager and may be acted upon within 5 days. If no action is ta ken within
such 5 days, then there shall be no change in Staff Determination. The exercise of Proposer of its right
to submit its written concerns shall be a condition precedent to seeking judicial review of any award of
a contract hereunder.
Debarment
20. A Proposer may be debarred from bidding or proposing upon or being awarded any contract
with the City, or from being a subcontractor or supplier at any tier upon such contract, in accordance
with the procedures in Fresno Municipal Code Section 4-104 adopted by Council on May 17, 2018.
The initial period of any such debarment shall not be less than one year and may be permanent
depending on the violation. A Proposer may request a hearing, in accordance with Fresno Municipal
Code Section 4-104, upon receipt of a notice of proposed debarment from the City Manager or
designee. A copy of the Ordinance may be obtained from the City Clerk’s Office, 2600 Fresno Street,
Fresno, California 93721.
OUTREACH TO SMALL BUSINESS ENTERPRISES IN SUBCONTRACTING
21. The City of Fresno hereby notifies all Proposers that it is the City 's policy to provide all small
business enterprises, including minority, women, and disabled veteran business enterprises, equal
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access and opportunity for participation in the performance of all constructio n contracts, professional
service contracts, procurement of supplies, equipment and other services. Therefore, the City requests
that a Proposer who intends to subcontract a portion of the work seek out small business enterprises
that are potential subcontractors, suppliers, or consultants, and actively solicit their interest, capability ,
and prices.
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II - PROPOSAL AND CONTRACT DOCUMENTS
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(Submit with Proposal)
Proposer's Name _____________________________
CHECK LIST
Proposers are requested to submit this Checklist and the following information, providing the
content in the sequence shown below. If documentation provided is incomplete, the
Proposer may be ineligible for award of a Contract.
1. COVER LETTER, including company name, address, contact name, phone
number and fax number.
2. PROPOSAL DEPOSIT in the form of:
Certified Check Proposer's Bond
Cashier's Check Irrevocable Letter of Credit
Certificate of Deposit Annual Bidder's Bond
3. COST PROPOSAL (p.13)(complete attached form)
4. STATEMENT OF QUALIFICATIONS AND EXPERIENCE
5. CITY FORMS (pp. 17-20) (complete/return attached forms)
STATEMENT INDICATING ACCEPTANCE OF INDEMNIFICATION AND
INSURANCE REQUIREMENTS
NON-COLLUSION DECLARATION
ADDENDA AND PROPOSAL DEPOSIT
6. Signature page of all ADDENDA issued, Addendum No. (Enter numbers,
if applicable).
7. REFERENCES (p. 16)
8. PROPOSER QUESTIONNAIRE (pp. 14-15) (complete attached form)
9. SIGNATURE PAGES (pp. 22-23), including (for corporations) Notary
Acknowledgment in corporate form, certification by secretary and board resolution
or other document to authorize individual who signs proposal.
10. ACH AUTHORIZATION AGREEMENT (p. 21) Signature page of ACH payment.
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(Submit with Proposal)
Proposer's Name
COST PROPOSAL
REQUIREMENTS CONTRACT FOR
ANNUAL BACKFLOW ASSEMBLY TESTING AND CERTIFICATION
REQUEST FOR PROPOSALS NO. 12301639
TERM OF CONTRACT The Contract shall be in effect for ONE (1) year(s) from the date of the
Notice to Proceed. The Contract may be extended in accordance with the provisions set forth
in the Special Conditions of these Specifications.
TO THE PURCHASING MANAGER, CITY OF FRESNO
Having carefully examined the Request for Proposals, attachments and related documents, the
undersigned proposes and agrees to provide to the City of Fresno, in accordance with t he
Specifications annexed hereto and made a part thereof, the following services at the following
rates:
ITEM QTY DESCRIPTION UNIT UNIT PRICE
TOTAL
PRICE
1 1,700
Cost for Annual Certified Backflow
Device 2” or smaller Each $ $
2 100
Cost for Annual Certified Backflow
Device greater than 2” Each $ $
The Total Amount of Proposal is ______________________________________________
Dollars and ________________ Cents.
The above amount shall include any and all applicable taxes.
The quantities listed on the proposal page(s) are estimates for the initial term. The actual
requirement of the City may be more or less than the quantities specified. The City will pay for
only those items which it actually delivered or received during the term of the Contract.
No proposal will be considered for award unless the Proposer at the time of the bid opening, is
licensed with a valid Class "C-36" Contractor's License issued by the State of California.
The City reserves the right to reject any and all proposals.
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(Submit with Proposal.)
Proposer’s Name: _________________________
PROPOSER QUALIFICATION QUESTIONNAIRE
FOR REQUEST FOR PROPOSALS FOR:
REQUIREMENTS CONTRACT FOR
ANNUAL BACKFLOW ASSEMBLY TESTING AND CERTIFICATION
REQUEST FOR PROPOSALS NO. 12301639
TO: THE PURCHASING MANAGER OF THE CITY OF FRESNO
The undersigned Proposer submits the following information in accordance with the proposal
Specifications: (Use additional sheets as needed.)
1. a. Business Name (If using more than one business name, please list all names.):
__________________________________________________________________
b. Address:
Is your firm operating as a franchisee? Yes or No
If yes, list the franchiser, and number of years your business has been franchised:
__________________________________________________________________
2. Provide the names, titles, qualifications, years of experience, and years with your firm,
for all key personnel in authority in your business, including the key personnel that will
be involved in this project, and the extent to which they will be involved in the
performance of this Contract.
_____________________________________________________________________
3. How many years has your business been established? _________________________
How many years has your business been under your present name? ______________
How many years under former names? (List name and number of years)
_____________________________________________________________________
4. How many years has your business been providing services? ____________________
5. What other types of services does your business provide? ______________________
_____________________________________________________________________
6. Do you have any affiliated companies? (If parent company, list subsidiaries and
divisions. If subsidiary or division, name parent company, its principals, and their
addresses):
_____________________________________________________________________
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PROPOSAL SECTION PAGE 15
(Submit with Proposal.)
Proposer's Name __________________________
PROPOSER QUALIFICATION QUESTIONNAIRE (Continued)
FOR REQUEST FOR PROPOSALS FOR:
REQUIREMENTS CONTRACT FOR
ANNUAL BACKFLOW ASSEMBLY TESTING AND CERTIFICATION
REQUEST FOR PROPOSALS NO. 12301639
7. Have there been any contract terminations for the services your firm performs before
the fulfillment of the contract within the past three years? Yes or No
If so, list the date, client, and reason for termination below:
_____________________________________________________________________
8. Provide an organization chart, indicating full-time personnel, job titles, locations, and
whether each individual works out of an office or is in the field. Organization chart
attached?
Yes or No
9. Does the proposer currently possess sufficient resources to meet the initial requirements
(See Estimated Quantities for each Backflow, pg.12 or this contract?
Yes or No
If “Yes,” describe the inventory and if “No,” describe how you will meet the initial
requirements:
_____________________________________________________________________
_____________________________________________________________________
10. Describe how you will meet the requirement to provide ANNUAL BACKFLOW
ASSEMBLY TESTING AND CERTIFICATION. (Ref. pgs. 40-41)
_____________________________________________________________________
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(Submit with Proposal)
Proposer's Name ______________________________
REFERENCES
REQUIREMENTS CONTRACT FOR
ANNUAL BACKFLOW ASSEMBLY TESTING AND CERTIFICATION
REQUEST FOR PROPOSALS NO. 12301639
Please list at least three references of similar size and type of services, including governmental
agencies, if available.
1. AGENCY/COMPANY NAME: _____________________________________________
ADDRESS: ______________________________________________________________
CONTACT PERSON: ________________ E-MAIL: _____________________________
PHONE NUMBER: __________________ FAX NUMBER: _______________________
LENGTH OF CONTRACT: ____________ NUMBER OF YEARS: __________________
TYPE OF SERVICE PROVIDED: _____________________________________________
2. AGENCY/ COMPANY NAME: _____________________________________________
ADDRESS: ______________________________________________________________
CONTACT PERSON: ________________ E-MAIL: _____________________________
PHONE NUMBER: __________________ FAX NUMBER: _______________________
LENGTH OF CONTRACT: ____________ NUMBER OF YEARS: __________________
TYPE OF SERVICE PROVIDED: _____________________________________________
3. AGENCY/ COMPANY NAME: _____________________________________________
ADDRESS: ______________________________________________________________
CONTACT PERSON: ________________ E-MAIL: _____________________________
PHONE NUMBER: __________________ FAX NUMBER: _______________________
LENGTH OF CONTRACT: ____________ NUMBER OF YEARS: __________________
TYPE OF SERVICE PROVIDED: _____________________________________________
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PROPOSAL SECTION PAGE 17
(Submit with Proposal)
Proposer's Name
STATEMENT OF ACCEPTANCE OF THE INDEMNIFICATION
AND INSURANCE REQUIREMENTS
FOR REQUEST FOR PROPOSALS FOR:
REQUIREMENTS CONTRACT FOR
ANNUAL BACKFLOW ASSEMBLY TESTING AND CERTIFICATION
REQUEST FOR PROPOSALS NO. 12301639
The Proposer shall sign below that the Proposer accepts in whole the Indemnification and
Insurance Requirements set forth in these Specifications. If the Proposer takes exception to
some portions, those portions shall be listed below, and the Proposer shall sign that the
Proposer accepts all portions of the requirements not listed.
Note: Any exceptions may cause a Proposer to not be awarded a contract.
ACCEPT
DO NOT ACCEPT
If "DO NOT ACCEPT" is checked, please list exceptions:
INSERT IF APPLICABLE
Signature of Authorized Person
_______________________________________
Type or Print Name of Authorized Person
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PROPOSAL SECTION PAGE 18
(Submit with Proposal)
Proposer's Name
NONCOLLUSION DECLARATION
Public Contract Code section 7106
The undersigned declares:
I am the __________________________ of _________________________________________,
Title of Authorized Person Bidding Firm, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnershi p, company,
association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has
not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The
bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid p rice of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of
any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information
or data relative thereto, to any corporation, partnership, company, association, organization, bid
depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid,
and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, hereby represents that
he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct and that this declaration is executed on _________, at ________________, ______.
Date City State
Signature of Authorized Person
Print Name of Authorized Person
The above Noncollusion Declaration is part of the Bid Proposal.
Bidders are cautioned that making a false declaration may subject the certifier to criminal prosecution.
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(Submit with Proposal)
Proposer's Name
ADDENDA
The City makes a concentrated effort to ensure any addenda issued relating to these Specifications
are distributed to all interested parties. It shall be the Proposer's responsibility to inquire as to whether
any addenda to the Specifications have been issued. Upon issua nce by the City, all addenda are part
of the proposal. Signing the proposal on the signature page thereof shall also constitute signature on
all addenda.
TIME PERIOD TO AWARD/REJECT
The undersigned Proposer agrees that the City may have ONE HUNDRED TWENTY (120) DAYS from
the date proposals are opened to accept or reject proposals. It is further understood that, if the Proposer
to whom any award is made fails to enter into a Contract as provided in the Specifications, award may
be made to another Proposer, who shall be bound to perform as if she/he had received the award in
the first instance.
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(Submit with Proposal)
Proposer's Name
PROPOSAL DEPOSIT
FOR REQUEST FOR PROPOSALS FOR:
REQUIREMENTS CONTRACT FOR
ANNUAL BACKFLOW ASSEMBLY TESTING AND CERTIFICATION
REQUEST FOR PROPOSALS NO. 12301639
Accompanying this proposal is a Proposal Deposit in the amount of FIVE HUNDRED DOLLARS ($500) in the
form of:
Certified Check Bidder's Bond
Cashier's Check Irrevocable Letter of Credit
Certificate of Deposit Annual Bidder's Bond
Proposal Deposit is deposited by the undersigned Proposer with the City of Fresno as a guarantee that the
Proposer, if awarded all or part of the Contract, will, within fifteen (15) calendar days (except in the event federal
funding is applicable to this Contract, then 10 working days) from the date the Notice of Award is mailed to the
Proposer, execute and return a Contract furnished by the City.
Copies of Proposal Deposits may be submitted electronically, with the exception of a certified or cashier’s check,
which must be brought to the Purchasing Manager’s office prior to the bid opening and labeled accordingly with
proposal number.
Such Deposit is made with the understanding that failure to execute such Contract will result in damage to the
City, that the amount of such damage would be difficult to determine and that in the event of such default said
Deposit shall become the property of the City; or, if a Bidder's Bond is deposited, the amount of the obligation
thereof, but not more than the above stated amount, shall t hereupon be due and payable to the City of Fresno
as liquidated damages for such default, payment of said amount to be the joint and several obligation of the
Proposer and the corporate surety.
BUSINESS LOCATION
The undersigned Proposer does not maintain a place of business in the City of Fresno.
The undersigned Proposer maintains a place of business in the City of Fresno
at: _________________________________________, Fresno, CA ________
BUSINESS LICENSE
The undersigned Proposer has a current City of Fresno Business License, and the number is _____.
If the successful Proposer does not have a City of Fresno Business License, he/she shall obtain such a license
prior to the issuance of a Notice to Proceed for the Work and maintain in effect throughout the term of this
Contract.
CONTRACTOR’S LICENSE
The undersigned Proposer holds a valid Class State of California Contractor’s License. The License Number is
and was issued on _________. Expiration Date: _________, if applicable.
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PROPOSAL SECTION PAGE 21
(Submit with Proposal)
Initial:____________________
CITY OF FRESNO
FINANCE DEPARTMENT
ACCOUNTS PAYABLE SECTION
AUTHORIZATION AGREEMENT FOR DIRECT PAYMENTS (ACH CREDITS)
Company Contact Email
Name ______________________________ Address
_____________________________________
(Required)
Contact Name Telephone Number
The City of Fresno, Finance Department, (FINANCE DEPARTMENT), is authorized to initiate credit
entries to the company above, (COMPANY), in the account below at the depository financial
institution named below, (DEPOSITORY), and to credit the same to such account. Company
acknowledges that the origination of ACH transactions to its account must comply with the provisions
of U.S. law.
Depository
Name
Branch
City State Zip Code
Routing Account
Number Number
o ACH Authorization Agreement Form already on file with City.
This authorization is to remain in full force and effect until FINANCE DEPARTMENT has
received written notification of its termination. The FINANCE DEPARTMENT and
DEPOSITORY have a reasonable time to process the termination.
Name(s)
(Please print)
Signature Date
Title
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(Submit with Proposal)
SIGNATURE PAGE
By my signature on this proposal I certify, under penalty of perjury under the laws of the State
of California, that the statements contained in this proposal are true and correct.
PROPOSAL SUBMITTED BY:
(Please follow the instructions for each line, as explained below.)
(1) ( ) ( )
Firm Phone Fax
(2)
(Corp.) (Individual) (Partner) (Other)
(3)
Business Address
City State Zip Code
(4) By:
Signature of Authorized Person
Type or Print Name of Authorized Person and Title
Federal Tax I.D. No.: Date:
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INSTRUCTIONS FOR SIGNATURE PAGE
LINE 1: The name of the Proposer must be the same as that under which a license is issued
if a license is required. If the Proposer is a corporation, enter the exact name of the
corporation under which it is incorporated; if Proposer is an individual, enter name;
if Proposer is an individual operating under a trade name, enter name and dba (trade
name in full); if a partnership, enter the correct trade style of the partnership; if a joint
venture, enter exact names of entities joining in the venture.
LINE 2: Identify here the character of the name shown under (1), i.e., corporation (including
state of incorporation), individual, partnership, or joint venture.
LINE 3: Enter the address to which all communications and notices regarding the Proposal
and any Contract awarded thereunder are to be addressed.
LINE 4: (a) If the Proposer is a corporation, the Proposal must be signed by an officer or
employee authorized to sign Contracts on behalf of the corporation evidenced by
inclusion of one of the following certified by the secretary of the corporation,
authorizing the officer or employee to sign contracts (sample certification attached):
a copy of the Secretary of State printout, a copy of the Articles of Incorporation, a
copy of the Bylaws, a copy of the Board Resolution or Minutes authorizing the officer
or employee to sign Contracts.
(b) If Proposer is an individual, he/she must sign the Proposal, or if the Proposal is
signed by an employee or agent on behalf of the Proposer, a copy of a power of
attorney must be on file with the City of Fresno prior to the time set for the opening
of the proposals or must be submitted with the Proposal.
(c) If the Proposer is a partnership, the Proposal must be signed by all general
partners; or by a general partner(s) authorized to sign Contracts on behalf of the
partnership evidenced by inclusion of either a copy of the Partnership Agreement or
a recorded Statement of Partnership.
(d) If the Proposer is a joint venture, the Proposal must be signed by all joint
venturers; or by a joint venturer(s) authorized to sign Contracts on behalf of the joint
venture evidenced by inclusion of either a copy of t he Joint Venture Agreement or a
recorded Statement of Joint Venture; and if the joint venturer(s) is a corporation or a
partnership signing on behalf of the Joint Venture, then Paragraphs (a) and c) above
apply respectively.
Where Proposer is a partnership or a corporation, the names of all other general
partners, or the names of the president and secretary of the corporation, and their
business addresses must be typewritten below:
NAME ADDRESS
NOTE: All addresses must be complete with street number, City, State, and Zip
Code.
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SAMPLE CERTIFICATION
I, , certify that I am the secretary
Name
of the corporation named herein; that who signed this
Name
Bid Proposal on behalf of the corporation, was then of
Title
said corporation; that said Bid Proposal is within the scope of its corporate powers and was
duly signed for and on behalf of said corporation by authority of its governing body, as
evidenced by the attached true and correct copy of the
Name of Corporate Document
By:
Name:
Title: Secretary
Date:
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PROPOSAL SECTION PAGE 25
SAMPLE SERVICE CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a
California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as
follows:
1. CONTRACT DOCUMENTS. The "Notice Inviting Proposals," "Instructions to
Proposers," "Proposal" and the "Specifications" including "General Conditions," "Special
Conditions", “Federal Conditions”, “Functional Specifications” and “Technical Requirements”
for the following: [Title] (Request for Proposals No. [Number]) copies of which are annexed
hereto, together with all the documents specifically referred to in said annexed documents,
including the Performance Bond, if required, are hereby incorporated into and made a part of
this Contract, and shall be known as the Contract Documents.
2. PRICE. For the monetary consideration of [WRITTEN $ AMOUNT] DOLLARS
AND [WRITTEN CENTS AMOUNT] CENTS ($[DOLLAR AMOUNT]), as set forth in the
Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and
workmanlike manner, and to the satisfaction of City, and in strict accordance with the
Specifications, all of the work as set forth in the Contract Documents.
3. PAYMENT. City accepts Contractor's Proposal as stated and agrees to pay the
consideration stated, at the times, in the amounts, and under the conditions specified in the
Contract Documents.
4. INDEMNIFICATION. To the furthest extent allowed by law, including California
Civil Code section 2782 (if applicable), Contractor shall indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and volunteers from any and all loss,
liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict
liability, including, but not limited to personal injury, death at any time and property damage)
incurred by City, Contractor or any other person, and from any and all claims, demands and
actions in law or equity (including attorney's fees and litigation expen ses), that arise out of,
pertain to, or relate to the negligence, recklessness or willful misconduct of Contractor, its
principals, officers, employees, agents or volunteers in the performance of this Agreement.
If Contractor should subcontract all or any portion of the work to be performed under this
Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents , and volunteers in accordance with
the terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
[Signatures follow on the next page.]
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IN WITNESS WHEREOF, the parties have executed this Contract on the day and year
here below written, of which the date of execution by City shall be subsequent to that of
Contractor's, and this Contract shall be binding and effective upon execution by both parties.
CITY OF FRESNO,
A California municipal corporation
By:
[Name],
[Title/Dept.]
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angela M. Karst Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy Date
[CONTRACTOR],
[Legal Identity]
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Addresses:
CITY:
City of Fresno
Attention: [Name]
[Title]
[Street Address]
Fresno, CA [Zip]
Telephone: (559) [#]
E-Mail: [E-Mail address]
CONTRACTOR:
[Contractor Name]
Attention: [Name]
[Title]
[Street Address]
[City, State Zip]
Telephone: [area code and #]
E-Mail: [E-Mail address]
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III - GENERAL CONDITIONS
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III. GENERAL CONDITIONS
1. DEFINITIONS: Wherever used in the Specifications, including the Instructions to
Proposers, the proposal, or any of the Contract Documents, the following words shall have the
meaning herein given, unless the context requires a different meaning.
(a) "City" and "City of Fresno" shall each mean the City of Fresno, CA, unless
otherwise indicated.
(b) "City Manager" shall mean the City Manager of the City of Fresno.
(c) "Contract" and "Contract Documents" shall each mean and refer to these
Specifications, including the Instructions to Proposers, the proposal and any
addenda thereto, the Contract and all City of Fresno specifications, and other
papers and documents incorporated by reference into or otherwise referred to in
any of the foregoing documents, whether or not attached thereto.
(d) "Contractor" shall mean each person or entity awarded a Contract hereunder and
named or to be named in the Contract with the City of Fresno to furnish the goods
or services, or both, to be furnished under the Contract.
(e) "Council" and "City Council" shall each mean the Council of the City of Fresno.
(f) "Proposer" shall mean each person or entity submitting a proposal, whether or not
such person or entity shall become a Contractor by virtue of award of a Contract
by the City.
(g) "Purchasing Manager" shall mean the Purchasing Manager of the City of Fresno.
(h) "Specifications" shall mean the Contract Documents.
2. DELIVERY OF SERVICES: If Contractor is delayed providing services by (i) any acts or
omissions of City or its employees, or others acting under authority of City by contract or
otherwise, (ii) acts of God which Contractor could not reasonably have foreseen and provided
for, (iii) illegal strikes, boycotts or like illegal obstructive action by employee or labor
organizations, or (iv) any illegal general lockouts or other defensive action by employers,
whether general or by organizations of employers; Contractor shall have no claim for damages
against City for any such cause of delay, but shall be entitled to an extensio n of time as will
reasonably compensate Contractor for actual loss of time occasioned thereby. Contractor may
apply to the City Manager for such extension. However, no such extension of time shall be
granted unless Contractor shall have notified the Purchasing Manager, in writing, within one
week after the commencement or occurrence of the condition or event which is expected to
cause a delay in delivery, of such condition or event and the actual or estimated number of
days of delay anticipated on account thereof. The decision of the City Manager as to the
number of additional days, if any, to be allowed for completion of delivery on account of such
condition or event, will be given in writing to Contractor.
3. TERMINATION FOR CONVENIENCE: The City reserves the right to terminate this
Contract for any reason, upon sixty (60) days written notice to the Contractor. In the event of
such termination, the Contractor shall be paid for satisfactory service performed to the date of
termination.
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4. TERMINATION FOR CAUSE:
a. If the Contractor shall fail to complete delivery, within the time or times specified
herein, of all or any part of the materials, equipment, supplies or services to be provided
under the Contract, the City Manager of the City of Fresno or designee, acting for and on
behalf of the City, may at any time after the expiration of the time for cure, terminate the
Contract as to the whole thereof, or in the event partial delivery has been made and
accepted, as to such of the items or service to be furnished which have not been
delivered or accepted prior to such termination.
b. The City may terminate this Contract if the Contractor materially breaches any of
its obligations under this Contract and fails to commence and diligently pursue
reasonable efforts to cure such breach within fifteen (15) days after written notice by the
City specifically describing the breach.
c. Such termination shall be effective upon receipt by Contractor of written notice of
termination from said City Manager or designee, which notice shall be deemed to have
been received by Contractor, if mailed by certified mail, within forty-eight hours to
Contractor's address as contained in the proposal to the City or, if personally delivered,
upon the delivery thereof to Contractor, the authorized representative of Contractor, or
to the Contractor's said address.
5. CONTRACT DOCUMENTS: Upon award of the Contract, the Contractor shall execute
and submit all required documents to the Purchasing Manager, 2101 G Street, Bldg. A, Fresno,
California 93706, in a form acceptable to the City of Fresno within fifteen (15) calendar days
(except in the event federal funding is applicable to this Contract, then 10 working days) from
the date of Notice of Award. Failure to provide said documents within t he designated period
shall be sufficient cause to forfeit the proposal deposit and initiate a City departmental
recommendation for City to award the Contract to another Proposer.
6. PERFORMANCE BOND: Throughout the life of this Contract, the Contractor shall pay
for and maintain in full force and effect a "Faithful Performance Bond" from a corporate surety,
admitted by the California Insurance Commissioner to do business in the State of California, in
the amount of N/A If applicable, this bond is to be renewed annually.
7. INSURANCE REQUIREMENTS.
(a) Throughout the life of this Agreement, Contractor shall pay for and maintain in
full force and effect all insurance as required herein with an insurance company(ies) either
(i) admitted by the California Insurance Commissioner to do business in the State of California
and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized
in writing by City's Risk Manager or designee at any time and in its sole discretion. The required
policies of insurance as stated herein shall maintain limits of liability of not less than those
amounts stated therein. However, the insurance limits available to City, its officers, officials,
employees, agents, and volunteers as additional insureds, shall be the greater of the minimum
limits specified therein or the full limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension , Contractor or any
of its subcontractors fail to maintain any required insurance in full force and effect, all services
and work under this Agreement shall be discontinued immediately, and all payments due or
that become due to Contractor shall be withheld until notice is received by City that the required
insurance has been restored to full force and effect and that the premiums therefore have been
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paid for a period satisfactory to City. Any failure to maintain the required insurance shall be
sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this
section shall in any way relieve Contractor of its responsibilities under this Agreement. The
phrase “fail to maintain any required insurance” shall include, without limitation, notification
received by City that an insurer has commenced proceedings, or has had proceedings
commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by Contractor shall not be deemed to release
or diminish the liability of Contractor, including, without limitation, liability under the indemnity
provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor. Approval or
purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the
liability of Contractor, vendors, suppliers, invitees, contractors, sub-contractors,
subcontractors, or anyone employed directly or indirectly by any of them.
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01, providing liability coverage arising out of your
business operations. The Commercial General Liability policy shall be written on
an occurrence form and shall provide coverage for “bodily injury,” “property
damage” and “personal and advertising injury” with coverage for premises and
operations (including the use of owned and non-owned equipment), products and
completed operations, and contractual liability (including, without limitation,
indemnity obligations under the Agreement) with limits of liability not less than
those set forth under “Minimum Limits of Insurance.”
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01,
providing liability coverage arising out of the ownership, maintenance or use of
automobiles in the course of your business operations. The Automobile Policy
shall be written on an occurrence form and shall provide coverage for all owned,
hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).
If personal automobile coverage is used, the City, its officers, officials,
employees, agents, and volunteers are to be listed as additional insureds.
3. Workers’ Compensation insurance as required by the State of California and
Employer’s Liability Insurance.
MINIMUM LIMITS OF INSURANCE
Contractor shall procure and maintain for the duration of the contract, and for five years
thereafter, insurance with limits of liability not less than those set forth below. However,
insurance limits available to City, its officers, officials, employees, agents, and volunteers as
additional insureds, shall be the greater of the minimum limits specified herein or the full limit of
any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $2,000,000 general aggregate applying separately to the work performed
under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY
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$1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation Insurance as required by the State of California with
statutory limits and EMPLOYER’S LIABILITY with limits of liability not less
than:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
4. CONTRACTORS’ POLLUTION LEGAL LIABILITY with coverage for bodily injury,
property damage or pollution clean-up costs that could result from of pollution
condition, both sudden and gradual. Including a discharge of pollutants brought to
the work site, a release of pre-existing pollutants at the site, or other pollution
conditions with limits of liability of not less than the following:
(i) $1,000,000 per occurrence or claim; and,
(ii) $2,000,000 general aggregate per annual policy period.
(a) In the event this Agreement involves the transportation of hazardous
material, either the Commercial Automobile policy or other appropriate
insurance policy shall be endorsed to include Transportation Pollution
Liability insurance covering materials to be transported by Contractor
pursuant to the Agreement.
UMBRELLA OR EXCESS INSURANCE
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the
“Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less
coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess
insurance policy(ies) shall also apply on a primary and non -contributory basis for the benefit of
the City, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
CONTRACTOR shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and CONTRACTOR shall also be responsible for
payment of any self-insured retentions. Any self-insured retentions must be declared on the
Certificate of Insurance and approved by the City’s Risk Manager or designee. At the option
of the City’s Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such self-insured retentions as respects
City, its officers, officials, employees, agents, and volunteers; or
(ii) Contractor shall provide a financial guarantee, satisfactory to City’s Risk Manager
or designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for
the payment of any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
(i) All policies of insurance required herein shall be endorsed to provide that the
coverage shall not be cancelled, non-renewed, reduced in coverage or in limits
except after thirty calendar days’ written notice has been given to City, except ten
days for nonpayment of premium. Contractor is also responsible for providing
written notice to the CITY under the same terms and conditions. Upon issuance
by the insurer, broker, or agent of a notice of cancellation, non -renewal, or
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reduction in coverage or in limits, Contractor shall furnish City with a new
certificate and applicable endorsements for such policy(ies). In the event any
policy is due to expire during the work to be performed for City, Contractor shall
provide a new certificate, and applicable endorsements, evidencing renewal of
such policy not less than fifteen calendar days prior to the expiration date of the
expiring policy.
(ii) In the event this Contract involves any lead-based environmental hazard (e.g.,
lead based paint), the Contractors Pollution Liability insurance policy shall be
endorsed to include coverage for lead based environmental hazards. In the event
this Contract involves any asbestos environmental hazard (e.g., asbestos
remediation), the Contractors Pollution Liability insurance policy shall be
endorsed to include coverage for asbestos environmental hazards. In the event
this Contract involves any mold environmental hazard (e.g., mold remediation),
the Contractors Pollution Liability insurance policy shall be endorsed to include
coverage for mold environmental hazards and “microbial matter including mold”
within the definition of “Pollution” under the policy.
(iii) The Commercial General, Pollution and Automobile Liability insurance policies
shall be written on an occurrence form.
(iv) The Commercial General, Pollution and Automobile Liability insurance policies
shall be endorsed to name City, its officers, officials, agents, employees, and
volunteers as an additional insured. Contractor shall establish additional insured
status for the City and for all ongoing and completed operations under both
Commercial General and Pollution Liability policies by use of ISO Forms or an
executed manuscript insurance company endorsement providing additional
insured status. The Commercial General endorsements must be as broad as
that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37.
(v) The Commercial General, Pollution and Automobile Liability insurance shall
contain, or be endorsed to contain, that the CONTRACTORS’ insurance shall be
primary to and require no contribution from the City. The Commercial General
and Pollution Liability policies are required to include primary and noncontributory
coverage in favor of the City for both the ongoing and completed operations
coverage. These coverages shall contain no special limitations on the scope of
protection afforded to City, its officers, officials, employees, agents and
volunteers. If Contractor maintains higher limits of liability than the minimums
shown above, City requires and shall be entitled to coverage for the higher limits
of liability maintained by Contractor.
(vi) Should any of these policies provide that the defense co sts are paid within the
Limits of Liability, thereby reducing the available limits by defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above
stated limits.
(vii) For any claims related to this Agreement, Contractor’s insurance coverage shall
be primary insurance with respect to the City, its officers, officials, agents,
employees, and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, agents, employees, and volunteers shall be excess of
the Contractor’s insurance and shall not contribute with it.
(viii) The Workers’ Compensation insurance policy shall contain, or be endorsed to
contain, a waiver of subrogation as to CITY, its officers, officials, agents,
employees and volunteers.
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(ix) The Commercial General, Pollution and Automobile Liability insurance policies
shall contain, or be endorsed to contain, a waiver of subrogation as to City, its
officers, officials, agents, employees, and volunteers.
PROVIDING OF DOCUMENTS - Contractor shall furnish City with all certificate(s) and
applicable endorsements effecting coverage required herein. All certificates and
applicable endorsements are to be received and approved by the City’s Risk
Manager or designee prior to City’s execution of the Agreement and before work
commences. All non-ISO endorsements amending policy coverage shall be executed
by a licensed and authorized agent or broker. Upon request of City, Contractor shall
immediately furnish City with a complete copy of any insurance policy required under
this Agreement, including all endorsements, with said copy certified by the underwriter
to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreem ent. All subcontractors working under the
direction of Contractor shall also be required to provide all documents noted herein.
SUBCONTRACTORS - -If Contractor subcontracts any or all of the services to be
performed under this Agreement, Contractor shall require, at the discretion of the City
Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement
with the City to provide required indemnification and insurance protection. Any required
Side Agreement(s) and associated insurance documents for the subcontractor must be
reviewed and preapproved by City Risk Manager or designee. If no Side Agreement is
required, Contractor will be solely responsible for ensuring that its subcontractors
maintain insurance coverage at levels no less than those required by applicable law and
is customary in the relevant industry.
8. INDEMNIFICATION: To the furthest extent allowed by law including California Civil
Code section 2782, Contractor shall indemnify, hold harmless and defend City and each of its
officers, officials, employees, agents, and volunteers from any and all loss, liability, fines,
penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage) incurred by
City, Contractor or any other person, and from any and all claims, de mands and actions in law
or equity (including attorney's fees, litigation expenses, and costs to enforce this agreement),
arising or alleged to have arisen directly or indirectly out of performance of this
Contract. Contractor's obligations under the preceding sentence shall apply regardless of
whether City or any of its officers, officials, employees, agents or volunteers are passively
negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages
caused by the active or sole negligence, or the willful misconduct, of City or any of its officers,
officials, employees, agents, or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this
Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents , and volunteers in accordance with
the terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
9. PRECEDENCE OF CONTRACT DOCUMENTS: The order of precedence of documents
shall be: (1) Rules and Regulations of Federal Agencies relating to the source of funds for this
project; (2) Supplemental Agreements, Change Orders, or Contract the one dated later having
precedence over another dated earlier; (3) Special Conditions; (4) General Conditions; (5)
Scope of Work.
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Whenever any conflict appears in any portion of the Contract, it shall be resolved by application
of the order precedence.
10. FEDERAL IMMIGRATION REFORM AND CONTROL ACT OF 1986: As a material part
of any contract for a City of Fresno project, every Contractor who has employees who will work
on a City of Fresno project, is required to comply with all of the provisions of the Federal
Immigration Reform and Control Act of 1986 (P.L. 99-603, 100 Stat. 3359). This requirement
includes compliance with all of the employee documentation provisions. Furthermore, the
Contractor will make any employee documentation required to comply with the Act immediately
available to the City upon its request for each individual employee working on a City of Fresno
project.
11. WORKMANSHIP GUARANTY: The workmanship of the services to be performed for the
City by the Contractor will be in accord with the Specifications, and where not specified, in
accord with generally accepted standards.
12. ALTERATION OF TERMS: No alterations or variations of the terms of this Contract shall
be valid unless made in writing and signed by both parties.
13. CONTRACT CHANGES: No changes or modifications to the Contract shall be made
unless agreed to and signed by both parties. No prior, current or post award verbal agreement
or agreements with any officer, agent or employee of the City shall affect or modify any terms
or obligations of these Specifications or any Contract resulting from this procurement.
14. AMENDMENTS: The City of Fresno reserves the right to add, modify, or delete items from
the Contract including Special Conditions or Scope of Work. Any changes shall be made only
by means of a formal amendment signed by both the City and Contractor.
15. ASSIGNMENT: The Contract is personal to the Contractor and there shall be no
assignment, transfer, sale, or subcontracting by the Contractor of its rights or obligations under
the Contract without the prior written approval of the City. Any attempted assignment, transfer,
sale, or subcontracting by the Contractor, its successors, or assigns, shall be null and void
unless approved in writing by the City.
16. TERMINATION BY CITY FOR NON-APPROPRIATION: In the event of non-appropriation
relating to the Contract, City shall have the right to terminate the Contract at the end of any
fiscal year of City, in the manner and subject to the terms specified in this paragraph. City shall
endeavor to give written notice of such termination not less than sixty (60) days prior to the end
of such fiscal year and shall notify Contractor of any anticipated termination. For purposes of
this paragraph, "fiscal year" shall mean the twelve-month fiscal period of City which
commences on July 1 in every year and ends on the following June 30. For purposes of this
paragraph, "non-appropriation" shall mean the failure of the City or City's governing body to
appropriate money for any fiscal year of City sufficient for the continued performance of the
Contract by City.
17. INDEPENDENT CONTRACTOR: In the furnishing of the services provided for herein, the
Contractor is acting as an independent contractor. Neither the Contractor, nor any of its
officers, associates, agents or employees shall be deemed an employee, joint venturer,
partner, or agent of the City for any purpose. However, the City shall retain the right to verify
that the Contractor is performing its respective obligations in accordance with the terms of the
Contract.
Because of its status as an independent contractor, Contractor and its officers, agents and
employees shall have absolutely no right to employment rights and benefits available to City
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employees. Contractor shall be solely liable and responsible for all payroll and tax withholding
and for providing to, or on behalf of, its employees all employee benefits including, without
limitation, health, welfare and retirement benefits. In addition, together with its other obligations
under this Agreement, Contractor shall be solely responsible , indemnify, defend and save City
harmless from all matters relating to employment and tax withholding for and payment of
Contractor’s employees, including, without limitation, (i) compliance with Social Security and
unemployment insurance withholding, payment of workers compensation benefits, and all other
laws and regulations governing matters of employee withholding, taxes and payment ; and (ii)
any claim of right or interest in City employment benefits, entitlements, programs and/or funds
offered employees of City whether arising by reason of any common law, de facto, leased, or
co- employee rights or other theory. It is acknowledged that during the term of this Agreement,
Contractor may be providing services to others unrelated to City or to this Agreement.
18. GOVERNING LAW AND VENUE: The Contract shall be governed by, and construed and
enforced in accordance with, the laws of the State of California, excluding, however, any conflict
of laws rule which would apply the law of another jurisdiction . Venue for purposes of the filing
of any action regarding the enforcement or interpretation of the Contract and any rights and
duties thereunder shall be Fresno County, California.
19. COMPLIANCE WITH LAW: In providing the services required under the Contract,
Contractor shall at all times comply with all applicable laws of the United States, the State of
California and the City of Fresno, and with all applicable regulations promulgated by Federal,
State, regional, or local administrative and regulatory agencies, now in force and as they may
be enacted, issued, or amended during the term of the Contract.
20. SEVERABILITY: The provisions of the Contract are severable. The invalidity, or
unenforceability of any one provision in the Contract shall not affect the other provisions.
21. INTERPRETATION: The Contractor acknowledges that the Contract in its final form is the
result of the combined efforts of the parties and that, should any provision of the Contract be
found to be ambiguous in any way, such ambiguity shall not be resolved by construin g the
Contract in favor or against any party, but rather by construing the terms in accordance with
their generally accepted meaning.
22. ATTORNEY'S FEES: If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of the Contract, the prevailing
party in such proceeding or action shall be entitled to recover from the other party its reasonable
attorney's fees and legal expenses.
23. EXHIBITS: Each exhibit and attachment referenced in the Contract is, by the reference,
incorporated into and made a part of the Contract.
24. MAINTENANCE OF RECORDS: Records of Contractor pertaining to the services
hereunder shall be kept on a generally recognized accounting basis and shall be av ailable to
City or its authorized representatives upon request during regular business hours throughout
the life of the Contract and for a period of three years after final payment and for the period of
time required by law. In addition, all books, docume nts, papers, and records of Contractor
pertaining to the Contract shall be available for the purpose of making audits, examinations,
excerpts, and transcriptions for the same period of time. This section shall survive expiration
or termination of the Contract.
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25. RECYCLING: In the event Contractor maintains an office or operates a facility(ies), or is
required herein to maintain or operate same, within the incorporated limits of the City of Fresno,
Contractor at its sole cost and expense shall:
(a) After award, immediately establish and maintain a viable and ongoing recycling
program, approved by the City's Solid Waste Management Division, for each office and
facility. Literature describing City recycling programs is available from City's Solid Waste
Management Division and by calling City of Fresno Recycling Hotline at (559) 621 -1111.
(b) Immediately contact the Solid Waste Management Division at (559) 621 -1452
and schedule a free waste audit and cooperate with such Division in their conduct of the
audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of City's Solid Waste
Management Division the establishment of the recycling program in paragraph (i) above
and the ongoing maintenance thereof.
26. NOTICES: Any notice required or intended to be given to either party under the terms of
this Contract shall be in writing and shall be deemed to be dul y given if delivered personally or
sent by United States registered or certified mail, with postage prepaid, return rece ipt
requested, addressed to the party to which notice is to be given at the party's address set forth
on the signature page of the Proposal in the case of the Contractor and at the address in the
Special Conditions for mailing of invoices in the case of Ci ty, or at such other address as the
parties may from time to time designate by written notice. Notices served by United States
mail in the manner above described shall be deemed sufficiently served or given at the time of
the mailing thereof.
27. BINDING: Subject to Section 15 of these General Conditions, once this Contract is signed
by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servan ts, employees and
representatives.
28. WAIVER: The waiver by either party of a breach by the other of any provision of this
Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of either
the same or a different provision of this Contract. No provisions of this Contract may be waived
unless in writing and signed by all parties to this Contract. Waiver of any one provision herein
shall not be deemed to be a waiver of any other provision herein.
29. CUMULATIVE REMEDIES: No remedy or election hereunder shall be deemed exclusive
but shall, wherever possible, be cumulative with all other remedies at law or in equity.
30. NO THIRD PARTY BENEFICIARIES: The rights, interests, duties and obligations defined
within this Contract are intended for the specific parties hereto as identified in the preamble of
this Contract. Notwithstanding anything stated to the contrary in this Contract, it is not intended
that any rights or interests in this Contract benefit or flow to the interest of any third parties.
31. EXTENT OF AGREEMENT: Each party acknowledges that they have read and fully
understand the contents of this Contract. This Contract represents the entire and integrated
agreement between the parties with respect to the subject matter hereof and supersedes all
prior negotiations, representations or agreements, either written or oral. This Contract may be
modified only by written instrument duly authorized and executed by both City and Contractor.
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32. HEADINGS: The section headings in this Contract are for convenience and reference only
and shall not be construed or held in any way to explain, modify or add to the interpretation or
meaning of the provisions of this Contract.
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IV – SPECIAL CONDITIONS
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IV. SPECIAL CONDITIONS
TERM OF CONTRACT: This Contract shall be in effect for ONE (1) year from the date of the
Notice to Proceed. The Contract may be extended, with the mutual written consent of both
parties, for FOUR (4) ONE (1) year increments with price increases/decreases in accordance
with the provisions set forth herein, all other terms and conditions specified herein remaining
the same. If either the City or Contractor elects not to extend the Contract, or upon expiration
of the final one-year extension term, the Contractor shall aid the City in continuing,
uninterruptedly, the requirements of the Contract, by continuing to perform on a temporary
basis, when specifically requested to do so in writing by the Purchasing Manager , for a
specified term not to exceed twelve months. Such continuance shall be subject to price
increases/decreases in accordance with the provisions set forth herein, and all other terms and
conditions remaining the same as if the contract had been extende d for such a temporary
period by an amendment hereto.
PRICING CONDITIONS:
For the first 12-month period of the Contract, pricing for the work will be fixed at the proposal
pricing. Sixty days prior to the one-year anniversary date of the Contract, the Contractor may
submit proposed pricing revisions for the following year to the Purchasing Manager of the City
of Fresno. The City may consider pricing revisions for any extension of the Contract, if it can
be demonstrated that circumstances exist that warrant such revisions subject to the provisions
in the following paragraph. Any proposed pricing revisions will be subject to negotiation by the
City at the City's discretion. The Purchasing Manager of the City of Fresno shall be the
authorized City agent in any such negotiation. Any proposed pricing revisions will be subject to
the Purchasing Manager’s written approval before being implemented by the Contractor. The
Contractor must provide adequate documentation to substantiate any request for any price
increase. Any increases in any unit prices included in this Contract shall not exceed the percent
change for the U.S. Bureau of Labor Statistics Consumer Price Index, All Urban Consumers,
US city average, all items, Not Seasonally Adjusted, for the twelve -month period starting with
the month in which the proposals were opened. In the event that the index drops, the Contractor
will be required to pass on to the City any equivalent reduction in pricing.
COMPENSATION ESCALATION DUE TO CHANGE IN MINIMUM WAGE
In the event the Contractor is required by a collective bargaining labor agreement or by the
Federal Government increases the minimum wage then the contract rates as defined in this
proposal shall be subject to negotiation between the Contractor and the City of Fr esno. In the
event that negotiated changes in contract rates cannot be agreed upon by the City of Fresno
and the Contractor, then the Contract may be terminated by either party in accordance with the
General Conditions of This Contract. If the Contractor a nd the City of Fresno agree to a
negotiated change in contract rates as defined in this proposal, the Contractor shall increase
the minimum hourly wages and salaries paid to its employees performing services under this
Contract in accordance with new negotiated wages and salaries.
*Note: The Minimum wage rate in California is currently $15.50 an hour effective January 1,
2023. Proposers should consider wage rates when completing their proposal. (IF
APPLICABLE)
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PAYMENT: The Proposer shall invoice the City of Fresno in order to initiate the payment
process. Invoices shall conspicuously display the City's purchase order number and shall be
submitted to:
ATTENTION:
City of Fresno
Landscape Maintenance Division
2101 G Street, Bldg E-1
Fresno, CA 93706
DPW-StreetsLandscapePayable@fresno.gov
Contractor hereby agrees not to assign the payment of any monies due Contractor from City
under the terms of this Contract to any other individual(s), corporation(s) or entity(ies). City
retains the right to pay any and all monies due Contractor directly to Contractor.
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V - SCOPE OF WORK
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V. SCOPE OF WORK
Background:
The City of Fresno has approximately 1800 backflow devices that need to be tested on an
annual basis. The contractor shall provide the City copies of their backflow assembly tester’s
certifications by the California Section of the American Water Works Association or American
Backflow Prevention Association, as well as documentation that their test gauges have been
calibrated in compliance with California Department of Public Health’s administrative rules
within the last 12 months. No proposal will be considered for award unless the Proposer at the
time of the bid opening, is licensed with a valid Class "C-36" Contractor's License issued by
the State of California.
Purpose:
The City of Fresno (“City”) is required by California Water Code to document annually that all
backflow prevention assemblies are tested and in proper functioning condition. The task will be
to complete all backflow assembly testing and report findings to the City. All assemblies are to
be tested within the same calendar year from the date of Contract. The Contractor shall be
responsible for supplying all equipment to perform the tests. The City is seeking proposals from
contractors with considerable experience in backflow assembly testing.
Scope of Work:
The City of Fresno annually tests all backflow devices connected to the City’s water distribution
system. While the number of backflow prevention devices varies slightly from year to year,
there are currently:
• 1700 devices that are 2 inches in diameter or less
• 100 devices that are greater than 2 inches and less than 6 inches in diameter
Contractor must maintain a minimum Backflow Technician Certification recognized by the
American Water Works Association or the American Backflow Prevention Association.
All backflow preventers must have received an annual test. A copy of the paperwork for this
testing must be filed with the requesting City department or division. Timeliness of completion,
accuracy of records, customer comments, and overall performance will be used to determine
renewal of the annual contract.
Test procedures shall be those currently recommended by the University of Southern California
Foundation for Cross-Connection Control. The current list of backflow prevention devices that
are known within the City is available upon request. Contractor shall conduct tests on an annual
basis beginning approximately July 1st, and shall complete all inspections by the end of the
calendar year, or during a time period agreed upon by the City.
If initial test fails, Contractor shall provide basic onsite cleaning of internal components of
assemblies and retest. By the next business day, Contractor shall provide written notification
to City, via email or in hard copy form, of assemblies that do not pass tests following onsite
cleaning and retest. Such written notification will include the nature of the observed conditions
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RFP 05-2021
PROPOSAL SECTION PAGE 43
that may contribute to the inability of the backflow prevention device to pass the test.
Contractor shall, upon identifying assemblies that do not pass tests following onsite cleaning
and retest, schedule a time to repair at the direction and approval of the City, if possible, the
assembly in accordance with the submitted proposal. No work will be paid for without approval
from the City.
Contractor shall complete and provide the City a test report for each backflow assembly that is
tested.
Contractor shall conduct testing and repair during normal business hours Monday -Friday. The
Contractor shall be required to receive prior written authorization from the City for any testing
outside normal business hours.
Contractor shall furnish all labor, materials, tools, equipment, supplies, facilities, vehicle and
supervision necessary to provide annual tests and basic onsite cleaning.
City agrees that Contractor will be afforded adequate time to complete requested tasks.
Contractor agrees to make reasonable effort to complete accepted projects in a timely manner.
City will provide information and data that are in the records and required in connection with
these backflow prevention device inspection services on backflow prevention devices
including, but not limited to: maps, reports, standards, policies, procedures, rights of way,
restrictions and easements.
City will, upon request, provide access to, and make all provisions necessary to enter upon
public or private lands as required for Contractor to perform such work and inspections as are
required in the course of the project.
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