HomeMy WebLinkAboutFailSafe Testing LLC Service Contract Bid 12401470 - 3-12-24 DocuSign Envelope ID: 1 DDDAOFD-22F7-44E4-B205-CB1 16EO23019
SERVICE CONTRACT
THIS CONTRACT (Contract) is made and entered into by and between the CITY OF
FRESNO, a California municipal corporation (City), and , FailSafe Testing LLC
(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 Request For Proposals for Aerial and Ground Ladder Inspections Bid File No.
12401470) 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 $31,947.00 with a contingency
amount of$3,200.00, 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, 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
GSD-B Service Contract—Contractor(01-2024)
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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, FAILSAFE TESTING LLC,
A CaJf9�q'a Ign�f�i nicipal corporation igned by:
By: Flt�tSSOL Pt, a t,S 3/12/2024 By.F;Zu HL 3/12/2024
'ffY
e Iss erales
Purchasing Manager Name: 3 usti n Hill
General Services Department
Title: President/GM
APPROVED AS TO FORM: (If corporation or LLC., Board Chair,
ANDREW JANZ Pres. or Vice Pres.)
City Atto��teyn by:
By: [L1...
�n.c, � 3/12/2024
BY
Date Name:
Sup./Senior Deputy City Attorney
Title:
ATTEST: (If corporation or LLC., CFO, Treasurer,
TODD STERMER, CMC Secretary or Assistant Secretary)
City C1 CCU tgneaby. REVIEWED BY:
By: 3/12/2024 GceuftnaG by:
-" .. ..'.,.... Date FTT-"Z4•a 3/12/2024
Deputy 19
Addresses:
CITY: CONTRACTOR:
City of Fresno FailSafe Testing LLC
Attention: Duane Myers, Fleet Manager Attention: Justin Hill, President/GM
2101 G Street 2037 W. Bullard Ave #523
Fresno, CA 93706 Fresno, Ca 93711
Phone: (559) 621-1186 Phone: (650)-747-9599
E-mail: duane.myers@fresno.gov E-mail: scheduling@failsafetesting.net
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� a
ORAI
INFORMAL SERVICE
REQUEST FOR PROPOSALS REQUIREMENTS CONTRACT
FOR:
AERIAL AND GROUND LADDER INSPECTIONS
RFP NUMBER: 12401470
SCHEDULED PROPOSAL OPENING: January 16, 2024
PROCUREMENT SPECIALIST: TAMRA TORRENCE
EMAIL: TAM RA.TORRENCE@FRESNO.GOV City of
PHONE: (559) 621-1153 Rm.imCle�%■, \�//
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TABLE OF CONTENTS
Page #
DIVISIONI — INTRODUCTION ...............................................................................2
Notice Inviting Proposals..............................................................................
Instructionsto Proposers.......................................................................................4
DIVISION II — PROPOSAL DOCUMENTS .............................................................8
Proposer's Checklist............................................................................................1.9
CostProposal........................................................................................................10
Time Period to Award/Reject Proposals................................................................12
Proposer Qualification Questionnaire....................................................................13
References............................................................................................................14
Statement of Acceptance of the Indemnification and Insurance............................15
SignaturePage .....................................................................................................20
DIVISION III — GENERAL CONDITIONS................................................................22
Definitions .............................................................................................................23
ContractDocuments..............................................................................................24
PerformanceBond ................................................................................................24
ContractChanges .................................................................................................25
Amendments.........................................................................................................25
GoverningLaw and Venue....................................................................................26
Compliancewith Law ............................................................................................26
APPENDICES.........................................................................................................29
Appendix A—Special Conditions..........................................................................Al
Appendix B — Insurance Requirements and Sample Contract..............................B1
AppendixC— Scope of Work................................................................................C1
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DIVISION I
INTRODUCTION
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NOTICE INVITING PROPOSALS
REQUEST FOR PROPOSALS REQUIREMENTS CONTRACT FOR:
AERIAL AND GROUND LADDER INSPECTIONS
BID FILE NUMBER: 12401470
Electronic proposals will be received at the office of the Purchasing Manager of the City of Fresno all
in accordance with the specifications.
The City of Fresno is soliciting proposals to: conduct annual aerial, ground ladder inspections and
testing. This request is for a one (1) year Contract with six (6) possible one (1) year extensions.
Proposal specifications can be downloaded at the City's website at:
http://www.fresno. ovhDurchasin /, select "Bid Opportunities".
Proposals must be submitted electronically via Planet Bids only,
Proposals must be filed electronically using Planet Bids, prior to the proposal opening at 2:00 p.m, on
Tuesday, January 16, 2024, when the proposals will be publicly opened and recorded. Electronically
filed is defined as by means of electronic equipment or devices. Join the proposal opening meeting at
https:llzoon .us/j/92047244398 or call (669) 900-9128, meeting ID 920 4724 4398.
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 11 a.m. on January 4, 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.
The City reserves the right to reject any and all proposals.
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INSTRUCTIONS TO PROPOSERS
REQUEST FOR PROPOSALS REQUIREMENTS CONTRACT FOR:
AERIAL AND GROUND LADDER INSPECTIONS
BID FILE NUMBER: 12401470
GENERAL
PROPOSALS WILL BE CONSIDERED FOR AWARD ONLY IF THE PROPOSER HAS COMPLIED
WITH THE FOLLOWING:
Proposals shall be submitted on the forms furnished herein, with all documents listed on the Proposer's
Checklist, completely filled out, properly signed by the Proposer and electronically filed utilizing Planet
Bids prior to the date and time specified in the Notice Inviting Proposals. All proposals will be publicly
opened and recorded. Proposals received at 2:00 p.m. or after will not be accepted. The time stamp
in the Purchasing Division will be the official clock for documenting the time of filing.
The City may award a Contract or reject any or all proposals within the time stated in the Specifications.
This is an informal request for proposals for contract amounts under the amount required for
formal advertised proposals (currently $50,000). Award of a contract for more than that amount
cannot be made on the basis of this proposal.
QUESTIONS, CLARIFICATIONS AND CONCERNS
Any questions or concerns relating to these Specifications shall be directed in writing to the designated
Procurement Specialist as shown on the cover or may be submitted electronically by utilizing the
Questions and Answers field on Planet Bids.
Questions will be accepted only up to three (3) working days prior to the proposal opening date to allow
the City, if necessary, time 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 Procurement Specialist. The City will not guarantee a response.
SUBMITTAL OF PROPOSAL
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.
The Proposer shall comply with any and all federal, state, or local laws, now in effect or hereafter
disseminated, which apply to the services and products herein specified.
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 best interest
of the City of Fresno, with or without negotiation.
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The City reserves the right to waive any informality or minor irregularity when it is in the best interest of
the City to d❑ 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.
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.OAA.
Supplier agrees to promptly respond to and resolve any complaint regarding accessibility of its Services.
The City may require proposers to comply with these accessibility requirements if they are awarded a
contract.
PUBLIC RECORDS
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
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
"Letter of Qualifications and Experience."
d. Conformance to the terms and conditions of the RFP.
e. Financial Stability based on information provided in the Letter of Qualifications.
f. Other related information.
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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 best interest of the City.
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.
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.
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
The Proposer agrees that the City may have SIXTY (60) 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 it
had received the award in the first instance.
CONTRACT DOCUMENTS
The proposer shall submit the required contract documents in a form acceptable to the Purchasing
Division 2101 G Street, Bldg. A, Fresno, California, 93706 within 15 calendar days (except 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.
ACH/ELECTRONIC PAYMENT
Proposer must 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 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.
CONTACTS WITH CITY STAFF
Before an award is made, any contact with City staff, other than the Purchasing Manager or their
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
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 the Fresno Municipal Cade, Chapter 4, Article 6 may be viewed on the City's
website at, http:llwww.fresno.gov. Under "Departments'; "General Services"; "Purchasing Division",
"Municipal Code", Or view the article directly at:
https:l/libraa.rnunicode.com/ca/fresno/codes/code of ordinances?nodeld=MUCOFR CH4CIPUCOS
A ART6RECOELOFPRPR
DEBARMENT
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 Cade 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
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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DIVISION 11
PROPOSAL DOCUMENTS
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(Submit with Proposal)
PROPOSER'S CHECKLIST
REQUEST FOR PROPOSALS REQUIREMENTS CONTRACT FOR:
AERIAL AND GROUND LADDER INSPECTIONS
BID FILE NUMBER: 12401470
SUBMIT THIS CHECKLIST WITH YOUR PROPOSAL DOCUMENTS.
Proposers are requested to submit this Checklist and the following information, providing the content
in the sequence shown below. If the documentation provided is incomplete, the Proposer may be
ineligible for award of a Contract.
1. COVER LETTER (Include company name, address, contact name, phone number, email, etc.)
2. LETTER OF QUALIFICATIONS AND EXPERIENCE, (Company background and related
experience)
3. COST PROPOSAL, page 10
4. ADDENDA, page 12, (Complete signature page of any Addenda issued, if applicable)
5. QUESTIONNARE, page 13
6. REFERENCES, page 14
7. STATEMENT OF ACCEPTANCE OF INDEMNIFICATION AND INSURANCE
REQUIREMENTS, page 15
8. DISCLOSURE OF CONFLICT OF INTEREST, page 16
9. NONDISCRIMINATION, page 17
10.NONCOLLUSION DECLARATION, page 18
11.ACH PAYMENT INITIATIVE — ELECTRONIC PAYMENT, page 19
12.SIGNATURE PAGE, page 20
SUBMITTED BY:
Proposer's Name Contact Name
Address City State Zip
Phone No. Fax No.
E-Mail Address:
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PROPOSER'S NAME:
(Submit with Proposal)
COST PROPOSAL
REQUEST FOR PROPOSALS REQUIREMENTS CONTRACT FOR:
AERIAL AND GROUND LADDER INSPECTIONS
BID FILE NUMBER: 12401470
TO: THE PURCHASING MANAGER OF THE CITY OF FRESNO
TERM OF CONTRACT The Contract shall be in effect for one (1) year 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.
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:
SECTION I —AERIAL INSPECTION AND TESTING SERVICES
ITEM QTY DESCRIPTION OF UNIT OF UNIT PRICE TOTAL PRICE
WORK MEASURE
1. 9 Aerial with NDT
Each
Inspection $ $
2. 1 Aerial Reinspection
Per Hour
(onsite) $ $
Total Amount for Section 1 $
SECTION II — GROUND LADDER INSPECTION AND TESTING SERVICES
ITEM QTY DESCRIPTION OF UNIT OF UNIT PRICE TOTAL PRICE
WORK MEASURE
3. 3700 ft Ground Ladder
Per Foot
Inspection $
Total Amount for Section II
(Continued)
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PROPOSER'S NAME:
(Submit with Proposal)
Subtotal for Section I and Section II: S
Total Amount of Proposal: $
The Total Amount of Proposal is: Dollars
and Cents.
SECTION III — HOURLY RATES FOR WORK PERFORMED OUTSIDE OF INSPECTION AND
TESTING SCOPE OF WORK
Work not covered under the "Scope of Work" for aerial and ground ladder inspection and testing
services shall be paid to the awarded bidder at the rates listed in Section III below, plus parts.
STRAIGHT TIME RATE
ITEM RATE
1. HOURLY RATE CHARGED FOR STRAIGHT TIME $ /HR
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.
NOTE: This is an informal request for service for under $50,000, an award of a contract for
more than that amount cannot be made on the basis of this proposal.
The City reserves the right to reject any and all proposals.
MULTIPLE AWARD:
It is not necessary to bid all Sections to be responsive, but all items in a Section must be bid to
remain eligible for award of a contract for that Section. Award will be determined by Best Value.
Each Section can be awarded to a different or the same vendor.
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PROPOSER'S NAME:
(Submit with Proposal)
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 PROPOSALS
The undersigned Proposer agrees that the City may have SIXTY (60) 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 they had received the award in the first instance.
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PROPOSER'S NAME:
(Submit with Proposal)
PROPOSER QUALIFICATION QUESTIONNAIRE
REQUEST FOR PROPOSALS REQUIREMENTS CONTRACT FOR:
AERIAL AND GROUND LADDER INSPECTIONS
BID FILE NUMBER: 12401470
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:
c. Is your firm operating as a franchisee? Yes ❑ orNo ❑
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?
4. How many years has your business been under your present name?
5. How many years under former names? (List name and number of years)
6. What other types of services does your business provide?
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. Describe how you will meet the requirement to provide
10.Outline your support services including establishing direct lines of communication between City
technical staff and the manufacturers(s).
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PROPOSER'S NAME:
(Submit with Proposal)
REFERENCES
REQUEST FOR PROPOSALS REQUIREMENTS CONTRACT FOR:
AERIAL AND GROUND LADDER INSPECTIONS
BID FILE NUMBER: 12401470
Please list at least three variable references within the last year, of similar scope of work and type of
service(s) as required for this project, including governmental agencies, if available:
1. AGENCY/COMPANY NAME:
ADDRESS:
CONTACT PERSON: PHONE NUMBER:
FAX NUMBER EMAIL
LENGTH OF CONTRACT: (YEARS)
TYPES OF SERVICES PROVIDED:
2. AGENCY/COMPANY NAME:
ADDRESS:
CONTACT PERSON: PHONE NUMBER:
FAX NUMBER EMAIL
LENGTH OF CONTRACT: YEARS
TYPES OF SERVICES PROVIDED:
3. AGENCY/COMPANY NAME:
ADDRESS:
FAX NUMBER EMAIL
CONTACT PERSON: PHONE NUMBER:
LENGTH OF CONTRACT: YEARS
TYPES OF SERVICES PROVIDED:
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PROPOSER'S NAME:
(Submit with Proposal)
STATEMENT OF ACCEPTANCE OF THE INDEMNIFICATION
AND INSURANCE REQUIREMENTS
REQUEST FOR PROPOSALS REQUIREMENTS CONTRACT FOR:
AERIAL AND GROUND LADDER INSPECTIONS
BID FILE NUMBER: 12401470
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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PROPOSER'S NAME:
(Submit with Proposal)
DISCLOSURE OF CONFLICT OF INTEREST
YES* NO
1 Are you currently in litigation with the City of Fresno or any of ❑ ❑
its agents?
2 Do you represent any firm, organization, or person who is in ❑ ❑
litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who ❑ ❑
do business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with
the City of Fresno, or in a business which is in litigation with
the City of Fresno?
5 Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee ❑ 0]
who has any significant role in the subject matter of this
service?
6 Do you or any of your subcontractors have, or expect to have,
any interest, direct or indirect, in any other contract in ❑ ❑
connection with this Project?
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
Date
Name
Company
Address
I I Additional page(s) attached.
City, State, Zip
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PROPOSER'S NAME:
(Submit with Proposal)
Firm Address/Phone Number/ Email Address
NONDISCRIMINATION CLAUSE
1. During the performance of this contract, contractor and its subcontractors shall not unlawfully
discriminate against any employee or applicant for employment because of sex, race, religion,
color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability,
medical condition (cancer), marital status, age (over 40) or denial of family care leave.
Contractors and subcontractors shall insure that the evaluation and treatment of their
employees and applicants for employment are free of such discrimination and harassment.
Contractors and subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations
promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The
applicable regulations of the Fair Employment and Housing Commission implementing
Government Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 or the
California Administrative Code are incorporated into this contract by reference and made a
part hereof as if set forth in full. Contractor and its subcontractor shall give written notice of
their obligations under this clause to labor organizations with which they have a collective
bargaining or other agreement.
2. This contractor shall include the nondiscrimination and compliance provisions of this clause in
all subcontracts to perform work under the contract.
THE UNDERSIGNED CERTIFIES THAT THE CONTRACTOR WILL COMPLY WITH THE
ABOVE REQUIREMENTS.
CONTRACTOR OR
SUBCONTRACTOR NAME:
CERTIFIED BY:
NAME: TITLE:
SIGNATURE: DATE:
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PROPOSER'S NAME:
(Submit with Proposal)
NONCOLLUSION DECLARATION
Public Contract Code section 7106
The undersigned declares:
I am the of
Title of Authorized Person Proposing Firm (party making the foregoing proposal)
The proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation. The proposal is genuine and not collusive or sham.
The proposer has not directly or indirectly induced or solicited any other proposer to put in a false or
sham proposal. The proposer has not directly or indirectly colluded, conspired, connived, or agreed
with any proposer or anyone else to put in a sham proposal, or to refrain from proposing. The proposer
has not in any manner, directly or indirectly, sought by agreement, communication, or conference with
anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or
cost element of the proposal price, or of that of any other proposer. All statements contained in the
proposal are true. The proposer has not, directly or indirectly, submitted his or her proposal 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 proposal, and has not paid, and will not pay, any person
or entity for such purpose.
Any person executing this declaration on behalf of a proposer 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 proposer.
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 Proposal.
Proposers are cautioned that making a false declaration may subject the certifier to criminal
prosecution.
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Initial:
(Submit with Bid Proposal)
ACH PAYMENT INITIATIVE — ELECTRONIC PAYMENT FORM
CITY OF FRESNO
FINANCE DEPARTMENT
ACCOUNTS PAYABLE SECTION
AUTHORIZATION AGREEMENT FOR DIRECT PAYMENTS (ACH CREDITS)
Company Name Contact Email 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 Number Account Number
O ACH Authorization Agreement Form already on file with City.
This authorization is to remain in full force and effect until the 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)
Title:
Signature:
Date:
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SIGNATURE PAGE (Submit with Proposal)
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.)
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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(Submit with Proposal)
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 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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DIVISION III
' ENERAL CONDITIONS
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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 Purchasing 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.
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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 his or
her 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 his or her 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 the Notice of Award. Failure to provide said documents
within the designated period shall be sufficient cause to 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. 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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8. 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.
9. 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.
10. 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.
11. 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.
12. AMENDMENTS: The City of Fresno reserves the right to add, modify, or delete
services from the Contract including Special Conditions or Scope of Work. Any changes
shall be made by means of a formal amendment signed by both the City and Contractor.
13. 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.
14. 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.
15. 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.
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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 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. EXHIBITS: Each exhibit and attachment referenced in the Contract is, by the
reference, incorporated into and made a part of the Contract.
22. 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
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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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. LABOR REQUIREMENTS The following non-Federal Labor-Standards Provisions,
including the following provisions concerning maximum hours of work, minimum rates of
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pay, and overtime compensation, with respect to the categories and classifications of
employees hereinafter mentioned are included in this contract pursuant to the
requirements of applicable State or Local laws, but the inclusion of such provisions shall
not be construed to relieve the Contractor or any subcontractor from the pertinent
requirements of any corresponding Federal Labor-Standards provisions of this contract.
In case the minimum rates of pay set forth below shall be higher than the minimum rates
of pay required by or set forth in the Federal Labor-Standards Provisions of this contract
for corresponding classifications, the minimum rates of pay set forth below shall be
deemed, for the purpose of this contract, to be the applicable minimum rates of pay for
such classifications. The limitations, if any, in these non-Federal Labor Standards
Provisions upon the hours per day, per week or per month which employees engaged on
the work covered by this contract may be required or permitted to work thereon shall not
be exceeded.
This project is subject to the payment of prevailing wages.
Schedule of Prevailing Rate of Wages and Salaries is established pursuant to Sections
1770 to 1780, inclusive, of the Labor Code of the State of California and/or Section 1(b)
of the United States Labor Code. Copies of the wage rates may be obtained at the Office
of Construction Management, 1721 Van Ness, Fresno, CA 93721, at (559) 621-5600.
COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 This
contract is subject to all terms and conditions of the OCCUPATIONAL SAFETY AND
HEALTH ACT OF 1970, the California Occupational Safety and Health Act, and their
present and future amendments.
Contractor expressly assumes responsibility for compliance therewith and warrants that
all materials, supplies and equipment provided or installed pursuant to this contract,
whether provided by the Contractor, subcontractor, or a supplier, fully satisfy the
requirements of said Acts. Contractor shall, upon insertion in each contract with a
subcontractor or supplier of a clause by which the subcontractor or supplier warrants such
compliance, be relieved of responsibility for compliance by the subcontractor or supplier.
Immigration Reform and Control Act of 1986 Asa 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 (8 U.S.C.S Section 12550 (LexusNexus 2006)). 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.
Penalties for Under-Payment of Wages, Penalties for Violation of Eight Hour Day,
Employment of Apprentices, and Payroll and Basic Records shall be governed by the
Labor Code of the State of California.
Appendix A— Special Conditions
Appendix B — Insurance Requirements and Sample Contract
Appendix C— Scope of Work
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APPENDICES
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APPENDIX A
SPECIAL CONDITIONS
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SPECIAL CONDITIONS
REQUEST FOR PROPOSALS REQUIREMENTS CONTRACT FOR:
AERIAL AND GROUND LADDER INSPECTIONS
BID FILE NUMBER: 12401470
CHANGE ORDERS
The City of Fresno reserves the right to add, modify or delete items from the Contract or
Special Conditions or Scope of Work. Any changes shall be made only by means of a
formal Change Order signed by both the City and the contractor.
TERM OF CONTRACT
This Contract shall be in effect for one (1) year from the date of the Notice to Proceed
("Initial Term"). The Contract may be extended, with the mutual consent of both parties,
for six (6) 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.
PRICING CONDITIONS
All prices and rate increases under this contract shall be limited to a maximum of four
percent (4%) for any one year.
DELIVERY If Applicable)
Except as otherwise expressly provided herein, inspection(s) shall be made ninety (90)
days from the respective City notification of release of goods and services against this
Contract. The Contractor must fill requests in their entirety within twenty-one (21) days
or must receive written approval from the City for an extension of the delivery date. The
City must be notified forty-eight (48) hours in advance of delivery or shipment may be
refused.
Delivery of items is to be F.O.B. DESTINATION, FREIGHT PREPAID AND ALLOWED,
to:
City of Fresno
ATTN: Fleet Management Division
2101 G Street BLDG F
Fresno, CA 93706
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Delivery is to be made between the hours of 6 A.M. and 5 P.M. and during regular City of
Fresno working days.
NON-DELIVERY (If Applicable
If the Contractor fails to meet delivery requirements, the City may, but is not obligated to,
procure the goods from another source and recover any loss occasioned thereby
(including, without limitation, any increase in cost and liquidated damages for Contractor's
delay up to date of delivery and acceptance by City of goods from another source), from
any unpaid balance due the Contractor or through reduction of future invoices.
Otherwise, Contractor will reimburse City within 30 days of receipt of invoice from the
City. The price paid by the City shall be considered the prevailing market price at the time
the purchase is made. City will notify Contractor of any decision to procure the goods
from another source. Such notification may be by telephone, electronic mail, or facsimile
to Contractor or Contractor's authorized representative.
TERMINATION FOR NON-PERFORMANCE:
a. If Contractor shall fail to meet quality standards or other requirements of the
specifications or 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 his or her designee, acting for and
on behalf of the City, may at any time after the expiration of the time for delivery, 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 five (5) 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, which notice shall be deemed to have been received
by Contractor, if mailed, within forty-eight hours to Contractors address as contained in
City's Proposal or, if personally delivered, upon the delivery thereof to Contractor, the
authorized representative of Contractor, or to the Contractor's said address.
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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:
City of Fresno
ATTN: Fleet Management Division
2101 G Street BLDG 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.
Informal RC RFP_GSD_ElectronicOnly A4 Rev.08-2023
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APPENDIX B
INSURANCE
REQUIREMENTS
AND
SAMPLE CONTRACT
Informal RC RFP_GSD_ElectronicOnly B1 Rev.08-2023
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INSURANCE REQUIREMENTS
a Throughout the life of this Agreement, CONTRACTOR shall pay for and maintain
in full force and effect all insurance as re aired herein with an insurance com an 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 flDi
as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time
and in his/her sole discretion. The re uired 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 immediate!
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 fora 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
roceed ing s commenced a ainst it ind icati ng 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 agply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits d❑ not act as a limitation upon the amount of
indemnification to be provided by CONTRACTOR. Approval or purchase of an
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 Coverac je Form CG QO 01 providing
liabilitycoverage arisingout of our
business operations. The Commercial General Liability policy shall be written on an
occurrence form and shall provide covers a for"bodily inju " " ro ert dams e" and
"personal and advertising inou " with coverage for premises and operations includin
the use of owned and non-owned a ui ment roducts and completed operations, and
contractual liability (including, without limitation indemnity obligations under the
Informal RC RFP_GSD_ElectronicOnly B2 Rev.08-2023
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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 ownersht maintenance or use of
automobiles in the course of your business operations. The Automobile Policy shall be
written on an occurrence form and shall rovide coverage for all owned hired and non-
owned automobiles or other licensed vehicles (Code 1- Any Auto).
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 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
M $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 eneral a re ate 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
statuta limits and EMPLOYER'S LIABILITY with limits of liabili!Y not less than:
(i) $1,000,000 each accident for bodily injur;
ii) $1,000,000 disease each employee; and
iii) $1,000,000 disease policy limit.
Informal RC RFP_GSD_ElectronicOnly B3 Rev.08-2023
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UMBRELLA OR EXCESS INSURANCE
In the event CONTRACTOR purchases an Umbrella or Excess insurance olio ies to
meet the "Minimum Limits of Insurance," this insurance olic ies shall "follow form"
and afford no less coverage than the primary insurance olic ies . In addition such
Umbrella or Excess insurance olic ies shall also ap2ly on a rims and non-
contributga 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 an
insurance olio ies required herein and CONTRACTOR shall also be responsible far
payment of any 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 coveracle or in limits except
after thirty 30 calendar days written notice has been given to CITY except ten 10
days for non a ment 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 oliG ies . In the event any policyis 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 seven 7 calendar days following to the expiration date of the ex irinpollic .
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 for all ongoing and completed operations. The Commercial General
endorsements must be as broad as that contained in ISO Forms: GC 20 10 11 85 or
both CIS 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 rims to and
require no contribution from the Cily. These coverages shall contain nospecial
limitations on the scope of protection afforded to City, its officers officials employees,
agents and volunteers.
v 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
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maintained by CONTRACTOR.
NO 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.
(vii) All policies of insurance 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 his/her designee prior to
CITY'S execution of the Agreement and before work commences. All non-ISO
endorsements amending olic coverage shall be executed by a licensed and
authorized agent or broker. Upon request of CITY, CONTRACTOR shall immediately
furnish CITY with a complete_cypy_o€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, subcontractors to enter into a separate Side Agreement with the City to
provide required indemnification and insurance protection, Any required Side
Agreemen (s) and associated insurance documents for the subcontractor must be
reviewed and preappro_ved by CITY Risk Manager or designee. If no Side Agreement is
required, CONTRACTOR will be solely responsible for ensuring that it's subcontractors
maintain insurance coverage at levels no less than those required by applicable law and
is customary in the relevant industry.
Informal RC RFP_GSD_ElectronicOnly B5 Rev.08-2023
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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 (Re guest for Proposals No. rNumbern 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 BNRITTEN AMOUNT
DOLLARS AND WRITTEN CENTS AMOUNT CENTS DOLLAR AMOUN , 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, 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 cost to enforce this agreement), arising or alleged
to have arisen directly or indirectly out of performance of this Agreement.
CONTRACTOR'S obligations under the preceding sentence shall apply regardless of
whether CITY or any of its officers, officials, employees, agents or volunteers are
negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused 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 Agreement, 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 Agreement.
[Signatures follow on the next page.]
Informal RC RFP_GSD_ElectronicOnly B6 Rev.08-2023
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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, [CONTRACTOR],
A California municipal corporation [Legal Identity]
By: By:
[Name],
[Title/Dept.] Name:
Title:
APPROVED AS TO FORM: (If corporation or LLC., Board Chair, Pres.or
ANDREW JANZ Vice Pres.)
City Attorney
By:
By:
[Name] Date Name:
Senior Deputy City Attorney
Title:
ATTEST: (If corporation or LLC., CFO, Treasurer,
TODD STERMER, CMC Secretary or Assistant Secretary)
City Clerk REVIEWED BY:
By:
Date
Deputy
Addresses:
CITY: CONTRACTOR:
City of Fresno [Contractor Name]
Attention: [Name] Attention: [Name]
[Title] [Title]
[Street Address] [Street Address]
Fresno, CA [Zip] [City, State Zip]
Telephone: (559) [#] Telephone: [area code and #]
E-Mail: [E-Mail address] E-Mail: [E-Mail address
Informal RC RFP_GSD_ElectronicOnly B7 Rev.08-2023
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APPENDIX C
SCOPE OF WORK
Informal RC RFP_GSD_ElectronicOnly Ci Rev.08-2023
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SCOPE OF WORK
REQUEST FOR PROPOSALS REQUIREMENTS CONTRACT FOR:
AERIAL AND GROUND LADDER INSPECTION
BID FILE NUMBER: 12401470
The City of Fresno, Fleet Management Division is currently seeking proposals for:
Annual aerial and ground ladder inspections and testing.
Scope of work to include the following:
SECTION I —AERIAL LADDER INSPECTION SERVICES
The awarded bidder shall conduct aerial inspections with non-destructive tests (NDT) on
an annual basis. Inspections and tests should evaluate structural, mechanical, and
electrical systems to detect any wear, damage, or potential faults.
All inspections and testing shall be in accordance with the current National Fire Protection
Association (NFPA) 1911 Standards.
SECTION II — GROUND LADDER INSPECTION SERVICES
The awarded bidder shall conduct ground ladder inspections and tests on an annual
basis. Total ground ladder inspections and tests should evaluate all load bearing
components on various ladder types to determine any wear, damage or issues needing
repair.
All inspections and testing shall be in accordance with the current National Fire Protection
Association (NFPA) 1932 Standards.
SECTION III — HOURLY RATES FOR WORK PERFORMED OUTSIDE OF
INSPECTION AND TESTING SCOPE OF WORK
Additional services not covered under the Scope of Work relating to the inspection and/or
repair of aerial and ground ladders shall be paid to the awarded bidder at the rates listed
in Section III, Item 1. Hourly Rate Charged for Straight Time, plus parts.
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Vendor Requirements
a) Technicians involved in nondestructive testing shall have the required certifications
per the current NFPA and Standard for Qualifications and Certifications of
Nondestructive Testing Personnel.
b) All City ladder trucks shall be visually and non-destructive tested on an annual
basis and/or after major repairs or overhaul during the term of the contract.
c) All inspections shall be coordinated with designated City personnel.
d) Designated City personnel shall observe all testing procedures.
e) The Vendor shall include a detailed work report to City designated personnel.
f) All items not specifically mentioned which are required for a complete inspection
and test shall be included in the unit bid price.
g) The Vendor shall have knowledge of tolerances from manufacturer.
h) Vendor shall contact designated City personnel 30 days in advance to establish a
time schedule for the inspections.
Repairs and Re-Inspections
a) If an aerial unit should have minor defects and cannot be repaired before the
Vendor's inspector leaves the area, the City shall make necessary repairs and
notify the inspection company of the completion of the repairs and schedule a re-
inspection. All other tests shall be conducted.
b) If a ground unit should have minor defects and can be repaired, the Vendor shall
make necessary repairs and complete the inspection. If Vendor cannot make
necessary repairs during the visit, the Vendor shall reschedule with City personnel
for repairs and re-inspection. All other tests shall be conducted.
c) If either an aerial or ground unit should have a major defect, Inspector and Fleet
Manager or Designee shall determine if load tests will be aborted until repairs have
been completed or unit replaced.
Reporting and Certificates
a) When the aerial unit successfully meets all NFPA 1911, latest edition
requirements, the testing Vendor shall issue a certificate of aerial lift device
examination and testing stating the unit is in compliance with NFPA 1911,
latest Edition.
i. A certification sticker (self-adhesive) shall be mounted in a location
approved by the City, stating the date of test, inspection Vendor and the
aerial ladder is in compliance with NFPA 1911
b) When the ground ladder successfully meets all the NFPA 1932 latest edition
requirements, the testing company shall issue a certificate of ground ladder
examination and testing stating the unit is in compliance with NFPA 1932,
latest edition.
i. A certification sticker (self-adhesive) shall be mounted in a location
approved by the City, stating the date of test, inspection Vendor and the
ground ladder is in compliance with NFPA 1932
Informal RC RFP_GSD_ElectronicOnly C3 Rev.08-2023