HomeMy WebLinkAboutFleetwash a dba of Kept Companies Service Contract - Bid 12302358 - 12-14-23GSD-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 , Kept Companies DBA
Fleetwash (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: Requirements
Contract for Refuse Truck Cleaning (Bid File No. 12302358) 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 $65,666.00, 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.]
DocuSign Envelope ID: 2177922B-E975-4D51-9418-9D69F550DE69
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
KEPT COMPANIES DBA FLEETWASH,
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: Duane Myers, Fleet Manager
2101 G Street
Fresno, CA 93706
Phone: (559) 621-1186
E-mail: duane.myers@fresno.gov
CONTRACTOR:
Kept Companies DBA Fleetwash
Attention: Lorraine Matarazzo, CAO
26 Law Drive, Section E, 2nd Floor
Fairfield, NJ 07004
Phone: (813) 918-9149
E-mail: erics@keptcompanies.com
DocuSign Envelope ID: 2177922B-E975-4D51-9418-9D69F550DE69
Lorraine Matarazzo
12/21/2023
CAO
Lee Schutzman
12/21/2023
CFO
12/21/2023
12/28/2023
12/29/2023
12/29/2023
RFP 05-2021
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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 REFUSE TRUCK CLEANING
REQUEST FOR PROPOSALS NO. 12302358
The City of Fresno is soliciting proposals to wash refuse trucks. This request is for a THREE
(3) year Contract with TWO (2) 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, September 26, 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 the 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.
A proposal conference will be held at 10:00 a.m. on September 12, 2023. Join the meeting
by going to https://fresno-gov.zoom.us/j/93456168622 or call 1 669 900 9128 Meeting ID:
934 5616 8622. Prospective Proposers are encouraged to attend since City Staff will be
present to answer any questions regarding the Specifications.
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 Buyer listed on the cover at 559-
621-1153 or tamra.torrence@fresno.gov.
The City of Fresno reserves the right to reject any and all proposals.
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REQUEST FOR PROPOSALS
FOR
REQUIREMENTS CONTRACT FOR REFUSE TRUCK CLEANING
PROPOSAL NUMBER: 12302358
PROPOSAL SUBMISSION DEADLINE: Prior to 3:00 p.m., September 26, 2023
PROPOSAL CONTACT: TAMRA TORRENCE
PURCHASING DIVISION
Email: Tamra.Torrence@fresno.gov
Phone: (559) 621-1153 OR 621-1332
Fax: (559) 457-1244
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CITY OF FRESNO
PROPOSAL SPECIFICATIONS
REQUEST FOR PROPOSALS
REQUIREMENTS CONTRACT FOR REFUSE TRUCK CLEANING
REQUEST FOR PROPOSALS NO. 12302358
Table of Contents
I - INTRODUCTION ....................................................................................................................................................... 3
NOTICE INVITING PROPOSALS........................................................................................................................................ 4
INSTRUCTIONS TO PROPOSERS ...................................................................................................................................... 5
Submittal of Proposal ................................................................................................................................................ 5
ACH Payment Initiative -Electronic Payment ............................................................................................................ 5
ADA ........................................................................................................................................................................... 6
Public Records ........................................................................................................................................................... 6
Selection Process and Evaluation Criteria ................................................................................................................. 6
Time to Award ........................................................................................................................................................... 7
Contract Documents ................................................................................................................................................. 7
Questions, Clarifications, and Concerns .................................................................................................................... 7
Contacts with City Staff ............................................................................................................................................. 7
REGULATED COMMUNICATIONS IN CITY PROCUREMENT PROCESS ORDINANCE .................................................... 7
Notification of Staff Determination .......................................................................................................................... 8
Debarment ................................................................................................................................................................ 8
OUTREACH TO SMALL BUSINESS ENTERPRISES IN SUBCONTRACTING ..................................................................... 8
II - PROPOSAL AND CONTRACT DOCUMENTS .............................................................................................................. 9
CHECK LIST ................................................................................................................................................................... 10
COST PROPOSAL........................................................................................................................................................... 11
PROPOSER QUALIFICATION QUESTIONNAIRE .............................................................................................................. 12
ADDITIONAL INFORMATION TO BE PROVIDED BY PROPOSER ..................................................................................... 13
REFERENCES ................................................................................................................................................................. 14
STATEMENT OF ACCEPTANCE OF THE INDEMNIFICATION ........................................................................................... 15
NONCOLLUSION DECLARATION ................................................................................................................................... 16
ADDENDA ..................................................................................................................................................................... 17
PROPOSAL DEPOSIT ..................................................................................................................................................... 18
SIGNATURE PAGE ......................................................................................................................................................... 20
SAMPLE CERTIFICATION ............................................................................................................................................... 22
SAMPLE SERVICE CONTRACT ....................................................................................................................................... 23
III - GENERAL CONDITIONS ........................................................................................................................................ 25
MINIMUM LIMITS OF INSURANCE ...................................................................................................................... 28
IV – SPECIAL CONDITIONS.......................................................................................................................................... 34
V - SCOPE OF WORK .................................................................................................................................................. 36
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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 REFUSE TRUCK CLEANING
REQUEST FOR PROPOSALS NO. 12302358
The City of Fresno is soliciting proposals to wash refuse trucks. This request is for a THREE
(3) year Contract with TWO (2) 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, September 26, 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 the 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.
A proposal conference will be held at 10:00 a.m. on September 12, 2023. Join the meeting
by going to https://fresno-gov.zoom.us/j/93456168622 or call 1 669 900 9128 Meeting ID:
934 5616 8622. Prospective Proposers are encouraged to attend since City Staff will be
present to answer any questions regarding the Specifications.
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 Buyer listed on the cover at 559-
621-1153 or tamra.torrence@fresno.gov.
The City of Fresno reserves the right to reject any and all proposals.
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INSTRUCTIONS TO PROPOSERS REQUIREMENTS CONTRACT FOR REFUSE TRUCK CLEANING
REQUEST FOR PROPOSALS NO. 12302358
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 on or 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 Proposals; 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 understand 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
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
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payment by paper check is expressly authorized by the Controller, in the Controller’s sole discretion,
due to extenuating circumstances. Such electronic 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.
e. Financial Stability based on information provided in the Statement of Qualifications.
f. Other related information.
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,
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
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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, in the City’s sole discretion.
13. The City reserves the right to make the selection of a Proposer based on any 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.
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.
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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 viewed on the City’s
website at, http://www.fresno.gov. Under Government, “City Clerk” - Fresno Municipal Code- Or view
the Fresno Municipal Code directly at
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOFR_CH4CIPUCOS
A_ART6RECOELOFPRPR
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 taken 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
access and opportunity for participation in the performance of all construction 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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PROPOSAL SECTION PAGE 10
(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.11)(complete attached form)
4. STATEMENT OF QUALIFICATIONS AND EXPERIENCE
5. CITY FORMS (pp. 15-18) (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. 14)
8. PROPOSER QUESTIONNAIRE (pp. 12-13) (complete attached form)
9. SIGNATURE PAGES (pp. 20-22), 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. 19) Signature page of ACH payment.
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PROPOSAL SECTION PAGE 11
(Submit with Proposal) Proposer's Name
COST PROPOSAL
REQUIREMENTS CONTRACT FOR REFUSE TRUCK CLEANING
REQUEST FOR PROPOSALS NO. 12302358
TERM OF CONTRACT The Contract shall be in effect for THREE (3) 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 the Specifications annexed hereto and made a part thereof, the following services at the following rates:
ITEM QTY DESCRIPTION UNIT PRICE TOTAL
1 17,160 Clean Refuse Trucks
(See scope of work) p. 38
$_____________
(Price Per Wash)
$_____________
2 Other Vehicles*
(See scope of work) p. 38
Hourly Rate:
$_____________
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.
The City reserves the right to reject any and all proposals.
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PROPOSAL SECTION PAGE 12
(Submit with Proposal.)
Proposer’s Name: _________________________
PROPOSER QUALIFICATION QUESTIONNAIRE
REQUEST FOR PROPOSALS FOR:
REQUIREMENTS CONTRACT FOR REFUSE TRUCK CLEANING REQUEST FOR PROPOSALS NO. 12302358
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):
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:
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(Submit with Proposal.) Proposer's Name __________________________
PROPOSER QUALIFICATION QUESTIONNAIRE (Continued)
REQUEST FOR PROPOSALS FOR:
REQUIREMENTS CONTRACT FOR REFUSE TRUCK CLEANING REQUEST FOR PROPOSALS NO. 12302358
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
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(Submit with Proposal)
Proposer's Name ______________________________
REFERENCES
REQUIREMENTS CONTRACT FOR REFUSE TRUCK CLEANING REQUEST FOR PROPOSALS NO. 12302358
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:
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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(Submit with Proposal) Proposer's Name
STATEMENT OF ACCEPTANCE OF THE INDEMNIFICATION AND INSURANCE REQUIREMENTS
REQUEST FOR PROPOSALS FOR:
REQUIREMENTS CONTRACT FOR REFUSE TRUCK CLEANING
REQUEST FOR PROPOSALS NO. 12302358
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 here 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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(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, partnership, 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 price 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 issuance 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
REQUEST FOR PROPOSALS FOR:
REQUIREMENTS CONTRACT FOR REFUSE TRUCK CLEANING
REQUEST FOR PROPOSALS NO. 12302358
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 thereupon 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 19
(Submit with Proposal)
Initial:____________________
CITY OF FRESNO
FINANCE DEPARTMENT
ACCOUNTS PAYABLE SECTION
AUTHORIZATION AGREEMENT FOR DIRECT PAYMENTS
(ACH PAYMENT)
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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PROPOSAL SECTION PAGE 20
(Submit with Proposal)
Proposer's Name ______________________________
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 ventures(s) authorized to sign Contracts on behalf of the joint venture evidenced
by inclusion of either a copy of the 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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SAMPLE SERVICE CONTRACT
THIS CONTRACT (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 Bids," "Instructions to Bidders,"
"Bid Proposal," and the "Specifications" including "General Conditions", "Special Conditions"
and "Technical Specifications" for the following: [Title] (Bid File No. [Number]) [Alternates (if
any)] 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 $[Dollar Amount], 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 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 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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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]
General Services Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Date
Supv./Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
[CONTRACTOR'S NAME], [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]
Phone: (559) [#]
E-mail: [E-mail Address]
CONTRACTOR:
[Contractor Name]
Attention: [Name], [Title]
[Street Address]
[City, State Zip]
Phone: [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 extension 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.
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,
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PROPOSAL SECTION PAGE 27
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 the 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 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,
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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) $2,000,000 per occurrence for bodily injury and property damage;
(ii) $2,000,000 per occurrence for personal and advertising injury;
(iii) $4,000,000 aggregate for products and completed operations; and,
(iv) $4,000,000 general aggregate applying separately to the work performed under
the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY
$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.
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.
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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 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) The Commercial General and Automobile Liability insurance policies shall be written on
an occurrence form.
(iii) The Commercial General 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.
(iv) The Commercial General 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 Pollution Liability policy is
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.
(v) Should any of these policies provide that the defense costs 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.
(vi) 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.
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(vii) 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.
(viii) The Commercial General 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 Agreement. 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, demands 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.
Whenever any conflict appears in any portion of the Contract, it shall be resolved by application of the
order precedence.
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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 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
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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 construing 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 available 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, documents, 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.
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.
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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 duly given if delivered personally or sent by
United States registered or certified mail, with postage prepaid, return receipt 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 City, 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, servants, 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.
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 THREE (3) years from the date of the Notice
to Proceed. The Contract may be extended, with the mutual written consent of both parties, for TWO
(2) 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 extended for such a temporary
period by an amendment hereto.
CONTRACT PRICE ADJUSTMENTS
All prices and rate increases under this contract shall be limited to a maximum of three percent (3%) for
any one year.
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 Fresno. 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 and 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 at $15.50 an hour for businesses with 25
employees or fewer and $14 an hour for larger companies, effective January 1, 2023. Proposers should
consider wage rates, when completing their proposal. (IF APPLICABLE)
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:
William Warnke
City of Fresno
Fleet Division
2101 G. Street Building F
Fresno, CA 93706
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
It is the purpose and intent of these Specifications to describe the minimum requirements for
refuse truck cleaning to be used by the Fleet Management Division, and other Departments
within the City of Fresno.
a) All items not specifically mentioned which are required for a complete unit shall be included
in the unit bid price.
b) All equipment and accessories to be furnished must be new and in current production. All
products shall conform in design, strength, quality of material and workmanship to current
industry standards.
c) Each bid shall be accompanied by two sets of literature/specification sheets.
All equipment and accessories shall comply with regulations of the Federal Occupational
Safety and Health Administration (OSHA) and/or the California Occupational Safety and Health
Administration (Cal/OSHA), whichever is more restrictive.
Explanation of Bid Items:
The coordinator for this project will be the Fleet Equipment Supervisor in the Heavy Equipment
section of the Fleet Management Division.
The unit price(s) proposal shall include all costs of labor, equipment, and materials necessary
for the furnishing of the complete service in accordance with the specifications for the City of
Fresno for all work listed in the proposal items.
Before submitting a bid proposal, bidders are encouraged to inspect the work site, and the
conditions under which the work will be performed. The submittal of a bid proposal shall be
sufficient evidence that the bidder has reviewed the site and is fully aware of the required work
and work conditions.
1. QUANTITY LEVEL
a. The successful bidder shall be responsible for washing approximately one
hundred ten (110) refuse trucks once per week.
b. The successful bidder will be responsible for coordinating the washing of “other”
vehicles on an hourly basis and rate.
i. “Other” may include but not be limited to Utility Truck and Sweepers.
2. SERVICE LEVEL
a. All exterior components of the trucks shall be washed including, but not limited
to, the wheels, fuel tanks, and refuse collection body. Each truck shall be washed
to the satisfaction of the City of Fresno. Units not washed to the City’s satisfaction
will be re-washed to the City’s satisfaction at no additional charge.
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b. The washing shall be accomplished using hot water cleaning equipment having
a minimum 2000 psi pressure, a minimum water temperature of 190 degrees
Fahrenheit, and using biodegradable detergents. Hand brushing of the trucks
shall also be provided, if necessary, to completely clean the truck. A cold water
source will be made available at the wash site. All washing equipment and
supplies shall be provided by the successful bidder.
c. The detergents utilized shall not fade or streak the truck surfaces and shall be
pre-approved by the City of Fresno Fleet Management Division.
d. The truck stall or wash bay site utilized shall be cleaned after each group of trucks
scheduled for that day and have been washed. Such cleaning shall include, but
not be limited to, the removal of sludge accumulated in the truck stall or wash bay
by shovel and placed in the designated bins located near the wash bay.
e. Any wastewater runoff from the Contractor’s washing operation that is not
captured in wash bay drains shall be collected by the contractor prior to running
into any storm drain.
f. A list of cleaning materials shall be submitted and approved prior to use. These
products much be accompanied with its respective Safety Data Sheet.
g. The successful bidder will provide an accurate list of refuse trucks serviced, any
duplicate or non-existent vehicle numbers will not be paid.
INSPECTION
The Fleet Equipment Supervisor may perform inspections with the contractor to ensure
satisfaction. The successful bidder shall provide in writing, after each schedule group of trucks
in completed, a list of the units washed. This list is to be provided to the Fleet Equipment
Supervisor for the Heavy Equipment section.
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