Loading...
HomeMy WebLinkAbout25941COUNTY OF FRESNO CON1BACT EXTRACT PURCHASING DATE: 12/21/2009 MlrAmf: THIS EXTRACT IS FOR REFERENCE AND INFORMA TlONAL PURPOSES ONL Y. ALL BUSINESS AND MANAGEMENT DECISIONS MUST • BE GOVERNED BY THE UNDERLYING CONTRACT. ANY QUESTIONS MUST INCLUDE THE CONTRACT NUMBER AND BE ADDRESSED • TO THE COUNTY'S PURCHASING OFFICE AT 456-7110. CONTRACT NUMBER: P-Q9-626-G VENDOR NUMBER 0000003246 CONTRACT TITLE: Snow Removal Services NAME I ADDRESS Doug Koerper Construction P.O. Box 484 • MAY INClUDE MULTIPLECONTRACT PERIOD: 12/15/2009 thru 3/15/2010 ShaverLake,GA 93664 YEARS USING AGENCIES: PW & P-Special Districts REPRESENTATIVE: Doug Koerper TELEPHONE: (559) 841-3747 FAX: (559) 841-2424 E-MAIL:TERMS: Net 45 Days DELIVERY TERMS: DELIVERY TIME: REQUISITION NO'S: G -Craig J. Nickel tJ:1AJBUYER: 9181000002 CONTRACT VALUE: $50,236.80 Maximum 111 New D Cancellation Relerence:LOCATION: GSA Nos. 35-AS, Bretz Rd. from Hwy 168 to Slick o Renewal o Short Term TlcDlte: 0Rock Rd., 35-0, 35-AT, 35-GD, 35-AK o Adjustment o Evergreen Code: REPORTS: NoneoAddOn o Kill Org: 9180, 9208, 9249, 9259, 9275 SUDersedes 270078 BOARD/GROUP/STATE CONTRACT NO: COMMODITIES. SERVICES OR MAINTENANCE COVERED UNDER THIS ACTION: GSA Nos. 35-AS, 35-0, 35-AT, 35-GD, 35-AK and Bretz Road from Hwy 168 to Slick Rock Road. SPECIAL CONDITIONS FOR USE: • Agreement does not automatically renew. DISTRIBUllON REQUESTEDIBY/DATE ADDITIONAL DISTRIBUTION CONTRACT FILE IilI BUYER: VENDOR AUDITOR: DEPARTMENT Plillc Works-5pecia1 Dlstricls REQUISITIONER: Baron Zerahian ~ I I ~I ~ jeb P-09-626-G AccessReport Extract Page 1 011 County of Fresno COUNTY ADMINISTRATIVE OFFICE GENERAL SERVICES ARPI K. APKARIAN DEPUTY DIRECTOR PROCLTREMENT AGREEMENT Agreement Number P-09-626-G I)ecember9,2009 -.. ::000 . .,:.-" ~ <: ..., I ~ -...I ..0 Doug Koerper Construction OJ U)P.O. Box 484 ~ = T­ .L:.Shaver Lake, CA 93664 ~ <.::::I -n " The County of Fresno (County) hereby contracts with Doug Koerper Construction (Contractor) to perform Snow Removal Services at CSA No. 35-AS (Dogwood) and the wastewater treatment facility access road, Bretz Road from Highway 168 to Slick Rock Lane, CSA No. 35-0 (Granite Ridge), CSA No. 35-AT (Bretz Mountain Village), CSA No. 35-CD (Timber Ridge) and CSA No. 35-AK (Woody Lane) in accordance with the terms and conditions as stated under County's Request for Quotation Number 968-4773 (Exhibit No. One), the Contractor's response thereto (Exhibit No. Two) and Attachment "A". each document is attached and by reference incorporated herein. TERM: This Agreement shall become effective upon execution by both parties and shall remain in effect for three (3) months. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment "A" attached, at the rates set forth in Attachment "A". ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DEFAULT: In case of default by Contractor, the County may procure the articles from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. INVOICING: An itemized invoice in duplicate shall be mailed to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. 4525 East Hamilton Avenue / Fresno, California 93702-4599 / Phone (559) 456-7110 / Fax (559) 456-7831 Equal Employment Opportunity· Affirmative Adlon • Disabled Employer PROCUREMENT AGRE~I\IIENT NUMBER: P-09-626-G Page 2 Doug Koerper Construction December 10, 2009 MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of fifty thousand two hundred thirty-six dollars and 80 cents ($50,236.80). TERMINATION: The County reserves the right to immediately terminate this Agreement upon written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition: The Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses, causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. G\PUBLlC\CONTRACTS & EXTRACTS\G\P-09-626-G DOUG KOERPERDOC PROCUREMENT AGREEMENT NUMBER: P-09-626-G Page 3 Doug Koerper Construction December 9, 2009 B. Automobile Liability Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this Agreement. C. Professional Liability If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self­ insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Within Thirty (30) days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. G:\PUBLlC\CONTRACTS & EXTRACTS\G\P-09-626-G DOUG KOERPER.DOC PROCUREMENT AGREEMENT NUMBER: P-09-626-G Page 4 Doug Koerper Construction December 9,2009 INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations. proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this Agreement (excluding Attachment "A", County's Request for Quotation No. 968-4773 and the Contractor's Quote in response thereto); (2) Attachment "A"; (3) the County's Request for Quotation No. 968-4773 and (4) the Contractor's quotation made in response to County's Request for Quotation No. 968-4773. GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. Please acknowledge your acceptance by returning all pages of the signed original of this Agreement to my office, retaining a copy for your files. G:\PUBLlC\CONTRACTS & EXTRACTS\G\P-09-626-G DOUG KOERPERDOC PROCUREMENT AGREEMENT NUMBER: P-09-626-G Page 5 Doug Koerper Construction December 9, 2009 Please refer any inquiries in this matter to Craig Nickel, Buyer III, at (559) 456-7110 or FAX at (559) 456-7831. FOR THE COUNTY OF FRESNO ~~~~-_............... --= Purchasing Supervisor 4525 East Hamilton Avenue Fresno, CA 93702-4599 Date: f ~\ /0 f 0 4 _ KAV:CJN 4 \ r-t CONTRACTOR TO COMPLETE: Company: ~ 0 LJ E1 ,.Go £.R P.E-R.­ Type of Entity: o Individual o Limited Liability Company ~sole Proprietorship o Limited Liability Partnership o General Partnership Date o Corporation Signed by: Address Address City State Zip ( ) ~4-( -?747 TELEPHONE NUMBER ( ) 8"4r FAX NUMBER -2-42-~ 7:O~t(~//~ E-MAIL ADDRESS 9'A462l. ~A1 - , , ACCOUNTING USE ONLY ORG No.: 9180,9208,9249,9259,9275 Account No.: 7220 Requisition No.: 9181000002 (10108) G:\PUBLlC\CONTRACTS &EXTRACTS\G\P-09-626-G DOUG KOERPER.DOC PROCUREMENT AGREEMENT NUMBER: P-09-626-G Attachment Page 1 of 1 Doug Koerper Construction December 10, 2009 A TTACHMENT '~ II SERVICES This agreement is to cover the months of November, December of 2009 and January of 2010. The Public Works Department will be sending a contract to the Board of Supervisors for the remainder of the snow season. Snow Removal Service Area Quotation for an average year Monthly payment for Nov., Dec., Jan. CSA No. 35 AS (Dogwood) $ 39,600.00 $ 6,336.00 Solitude Lane to Shaver Lake Wastewater Treatment Facilities (part of CSA 35 AS Service) $ 3,800.00 $ 608.00 Bretz Road from Highway 168 to Slick Rock Lane $ 5,940.00 $ 950.40 CSA No. 35, Zone a (Granite Ridge) $ 33,000.00 $ 5,280.00 CSA No. 35, Zone AT, Bretz Mountain Village) $ 9,360.00 $ 1,497.60 CSA No. 35, Zone CD, (Timber Ridge) $ 9,960.00 $1,593.60 CSA No. 35, Zone AK (Woody Lane) $ 3,000.00 $ 480.00 G:\PUBLlC\CONTRACTS & EXTRACTS\G\P-09-626-G DOUG KOERPERDOC PROCUREMENT AGREEMENT NUMBER: P-09-626-G Doug Koerper Construction December 9,2009 EXHIBIT NO. ONE G:\PUBLlC\CONTRACTS & EXTRACTS\G\P-09-626-G DOUG KOERPER.DOC COU Y OF RESNO REQUEST FOR QUOTATION NUMBER: 968-4773 SNOW REMOVAL SERVICES November 10, 2009 PURCHASING USE ORG/Requisition: 9180/9181000002 G:\PUBLlc\RFQ\968·4773 SNOW REMOVAL SERVICES. DOC IMPORTANT: SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER, CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO, Purchasing 4525 EAST HAMILTON AVENUE FRESNO, CA 93702·4599 CLOSING DATE OF BID WILL BE AT 2:00 P.M., ON NOVEMBER 13, 2009. QUOTATIONS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M. Quotations will be opened and publicly read at that time. All quotation information will be available for review after contract award. Clarification of specifications is to be directed to: Craig Nickel, phone (559) 456-7110, e-mail CountyPurchasing@co.fresno.ca.us FAX (559) 456-7831. GENERAL CONDITIONS: See "County Of Fresno Purchasing Standard Instructions And Conditions For Request For Proposals (RFP'S) and Requests for Quotations (RFQ'S)" attached. Check County of Fresno Purchasing's Open Solicitations website at http://www2.co.fresno.ca.us/0440/Bidshome2.asp for RFOIRFP documents and changes. BIDDER TO COMPLETE UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE ATIACHED QUOTATION SCHEDULE AT THE PRICES AND TERMS STATED, SUBJECT TO THE "COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUEST FOR QUOTATIONS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S)"ATIACHED. Except as noted on individual items, the following will apply to all items in the Quotation Schedule. 1. Complete delivery will be made within calendar days after receipt of Order. 2. A cash discount % days will apply. COMPANY ADDRESS CITY STATE ZIP CODE ( ) ( ) TELEPHONE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS SIGNED BY PRINT NAME TITLE PD-OlO (6/08) Proposal No. 968-4773 COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUESTS FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S) !'Jote: the reference to "bids" in the following paragraphs applies to RFP's and RFQ's GENERAL CONDITIONS By submitting a bid the bidder agrees to the following conditions. These conditions will apply to all subsequent purchases based on this bid. 1. BID PREPARATION: A) All prices and notations must be typed or written in ink. No erasures permilted. Errors may be crossed out, initialed and corrections printed in ink by person signing bid. B) Brand Names: Brand names and numbers when given are for reference. Equal items will be considered, provided the offer clearly describes the article and how it differs from that specified. In the absence of such information it shall be understood the offering is exactly as specified. C) Siale brand or make of each item. If bidding on other than specified, state make, model and brand being bid and altach supporting literature/specifications to the bid. D) Bid on each item separately. Prices should be stated in units specified herein. All applicable charges must be quoted; charges on invoice nol quoted herein will be disallowed. E) Time of delivery is a part of the consideration and must be stated in definite terms and must be adhered to. F.O.B. Point shall be destination or freight charges must be stated. F) All bids must be dated and signed with the finn's name and by an authorized officer or employee. G) Unless otherwise noted, prices shall be firm for 180 days after closing date of bid. 2. SUBMITIING BIDS: A) Each bid must be submitted on fonns provided in a sealed envelope/package with bid number and closing date and time on the outside of the envelope/package. B) Interpretation: Should any discrepancies or omissions be found in the bid specifications or doubt as to their meaning, the bidder shall notify the Buyer in writing at once. The County shall not be held responsible for verbal interpretations. Questions regarding the bid must be received by Purchasing at least 5 wor1<ing days before bid opening. All addenda issued shall be in writing, duly issued by Purchasing and incorporated into the contract. C) ISSUING AGENT/AUTHORIZED CONTACT: This RFOIRFP has been issued by Counfy of Fresno Purchasing. Purchasing shall be the vendor's sole point of contact with regard to the RFQ/RFP, its content, and all issues conceming it. All communication regarding this RFOIRFP shall be directed to an authorized representative of County Purchasing. The specific buyer managing this RFQ is identified on the cover page, along with his or her telephone number, and he or she should be the primary point of contacl for discussions or information pertaining to the RFOIRFP. Contact with any other County representative, including elected officials, for the purpose of discussing this RFOIRFP, its content, or any other issue conceming it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in writing) with such other County representatives, may constitute grounds for rejection by Purchasing of the vendor's quotation. The above stated restriction on vendor contact with County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a vendor initiates a formal protest against the RFQ/RFP, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County's established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior 10 ils approval of a purchase order or contract, any vendor may address the Board. D) Bids received after the closing time will NOT be considered. E) Bidders are to bid what is specified or requested first. If unable to or unwilling to, bidder may bid altemative or option, indicating all advantages, disadvantages and their associated cost. F) Public Contract Code Section 7028.15 Where the State of Califomia requires a Contractor's license, it is a misdemeanor for any person to submit a bid unless specifically exempled. 3. FAILURE TO BID: A) If not bidding, return bid sheet and state reason for no bid or your name may be removed from mailing list. 4. TAXES, CHARGES AND EXTRAS: A) County of Fresno is subject to Califomia sales and/or use tax (8.975%). Please indicate as a separate line item if applicable. B) DO NOT include Federal Excise Tax. County is exempt under Registration No. 94-73-03401-K. C) County is exempt from Federal Transportation Tax. Exemption certificate is not required where shipping papers show consignee as County of Fresno. OJ Charges for transportation, containers, packing, etc. will not be paid unless specified in bid. G:\PUBLlC\RFQ\968-4773 SNOW REMOVAL SERVICES.DOC 1A PO-01O (4/09) Proposal No. 968-4773 5. W-9 -REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION: Upon award of bid, the vendor shall submit to County Purchasing, a completed W-9 -Request for Taxpayer Identification Number and Certification if not already a current vendor with The County of Fresno. This form is available from the IRS to complete on line at http://www.irs.gov/pub/irs-pdflfw9.pdf. 6. AWARDS: A) Subject to the local preference provisions referenced in Paragraph 6 below and more thoroughly set forth in the General Requirements section of this RFOIRFP, award(s) will be made to the most responsive responsible bidder. The evaluation will include such things as life-cycle cost, availability, delivery costs and whose product and/or service is deemed to be in the best interest of the County. The County shall be the sole judge in making such determination. B) Unless bidder gives notice of all-or-none award in bid, County may accept any item, group of items or on the basis of total bid. C) The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. D) After award, all bids shall be open to public inspection. The County assumes no responsibility for the confidentiality of information offered in a bid. 7. LOCAL VENDORS A) Local Vendor Preference (applicable to RFO Process only) The following provisions are applicable only to the County's acquisition of materials, equipment or supplies through the RFQ process when the funding source does not reqUire an exemption to the Local Vendor Preference. THE PROVISIONS OF THIS PARAGRAPH ARE APPLICABLE, NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS RFQ TO THE CONTRARY If the apparent low bidder is not a local vendor, any local vendor who submitted a bid which was within five percent (5%) of the lowest responsive bid as determined by the purchasing agent shall have the option of submitting a new bid within forty-eight hours (not including weekends and holidays) of County's delivery of notification. Such new bids must be in an amount less than or equal to the lowest responsive bid as determined by the purchasing agent. If the purchasing agent receives any new bids from local vendors who have the option of submitting new bids within said forty-eight hour period, it shall award the contract to the local vendor submitting the lowest responsible bid. If no new bids are received, the contract shall be awarded to the original low bidder as announced by the purchasing agent. B) Local Vendor Defined "Local Vendor" shall mean any business which: 1. Has its headquarters, distribution point or locally-owned franchise located in or having a street address within the County for at least six (6) months immediately prior to the issuance of the request for competitive bids by the purchasing agent; and 2. Holds any required business license by a jurisdiction located in Fresno County; and 3. Employs at least one (1) full-time or two (2) part-time employees whose primary residence is located within Fresno County, or if the business has no employees, shall be at least fifty percent (50%) owned by one or more persons whose primary residence(s) is located within Fresno County. 8. TIE BIDS: All other factors being equal, the contract shall be awarded to the Fresno County vendor or, if neither or both are Fresno County vendors, it may be awarded by the /lip of a coin in the presence of witnesses or the entire bid may be rejected and re-bid. If the General Requirements of this RFQ state that they are applicable, the provisions of the Fresno County Local Vendor Preference shall take priority over this paragraph. 9 PATENT INDEMNITY: The vendor shall hold the County, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance fumished or used in connection with this bid. 10. SAMPLES: Samples, when required, must be furnished and delivered free and, if not destroyed by tests, will upon written request (within 30 days of bid closing date) be returned at the bidder's expense. In the absence of such notification, County shall have the right to dispose of the samples in whatever manner it deems appropriate. 11. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: A) In case 01 default by vendor, the County may procure the articles or service from another source and may recover the cost diHerence and related expenses occasioned thereby from any unpaid balance due the vendor or by proceeding against performance bond of the vendor, if any, or by suit against the vendor. The prices paid by the County shall be considered the prevailing market price at the time such purchase is made. B) Articles or services, which upon delivery inspection do not meet specifications, will be rejected and the vendor will be considered in default. Vendor shall reimburse County for expenses related to delivery of non-specified goods or services. C) Regardless of F.O.B. point, vendor agrees 10 bear all risks of loss, injury or destruction to goods and materials ordered herein which occur prior to delivery and such loss, injury or destruction shall not release vendor from any obligation hereunder. 12. DISCOUNTS: Terms of less than 15 days for cash payment will be considered as net in evaluating this bid. A discount for payment within fifteen (15) days or more will be considered in determining the award of bid. Discount period will commence either the later of delivery or receipt of invoice by the County. Standard terms are Net Forty-five (45) days. 13. SPECIAL CONDITIONS IN BID SCHEDULE SUPERSEDE GENERAL CONDITIONS. The "General Conditions" proVisions of this RFP/RFO shall be superseded if in conflict with any other section of this bid, to the extent of any such conflict. G:\PU8L1C\RFQ\968-4773 SNOW REMOVAL SERVICES.DOC 18 PD-040 (6/08) Proposal No. 968-4773 14, SPECIAL REQUIREMENT: With the invoice or within twenty-five (25) days of delivery, the seller must provide to the County a Material Safety Data Sheet for each product, which contains any substance on "The List of 800 Hazardous Substances", published by the State Director of Industrial Relations, (See Hazardous Substances Information and Training Act. Califomia State Labor Code Sections 6360 through 6399,7,) 15, RECYCLED PRODUCTS/MATERIALS: Vendors are encouraged to provide and quote (with documentation) recycled or recyclable products/materials which meet stated specifications, 16, YEAR COMPLIANCE WARRANTY Vendor warrants that any product furnished pursuant to this Agreement/order shall support a four-digit year format and be able to accurately process date and time data from, into and between the twentieth and twenty-first centuries, as well as leap year calculations, "Product" shall include, without limitation, any piece or component of equipment, hardware, firmware, middleware, custom or commercial software, or intemal components or subroutines therein, This warranty shall survive termination or expiration of this Agreement. In the event of any decrease in product functionality or accuracy related to time and/or date data related codes and/or intemal subroutines that impede the product from operating correctly using dates beyond December 31, 1999, vendor shall restore or repair the product to the same level of functionality as warranted herein, so as to minimize interruption to County's ongoing business process, time being of the essence, In the event that such warranty compliance requires the acquisition of additional programs, the expense for any such associated or additional acquisitions, which may be required. including, without limitation, data conversion tools, shall be borne exclusively by vendor. Nothing in this warranty shall be construed to limit any rights or remedies the County may otherwise have under this Agreement with respect to defects other than year performance. 17. PARTICIPATION: Bidder may agree to extend the terms of the resulting contract to other political subdivision, municipalities and tax-supported agencies. Such participating Governmental bodies shall make purchases in their own name, make payment directly to bidder, and be liable directly to the bidder, holding the County of Fresno harmless, 18. CONFIDENTIALITY: All services performed by vendor shall be in strict conformance with all applicable Federal, State of Califomia and/or local laws and regulations relating to confidentiality, including but not limited to, Califomia Civil Code, Califomia Welfare and Institutions Code, Health and Safety Code, Califomia Code of Regulations, Code of Federal Regulations. Vendor shall submit to County's monitoring of said compliance. Vendor may be a business associate of County, as that term is defined in the "Privacy Rule" enacted by the Health Insurance Portability and Accountability Act of 1996 (HIPM). As a HIPM Business Associate, vendor may use or disclose protected health information ('PHI') to perform functions, activities or services for or on behalf of County as specified by the County, provided that such use or disclosure shall not violate HIPM and its implementing regulations. The uses and disclosures if PHI may not be more expansive than those applicable to County, as the ''Covered Entity" under HIPM'S Privacy Rule, except as authorized for G:\PUBLlC\RFQ\968-4n3 SNOW REMOVAL SERVICESDOC management, administrative or legal responsibilities of the Business Associate. Vendor shall not use or further disclose PHI other than as permilled or required by the County, or as required by law without wrillen notice to the County. Vendor shall ensure that any agent, including any subcontractor, to which vendor proVides PHI received from, or created or received by the vendor on behalf of County, shall comply with the same restrictions and conditions with respect to such information. 19. APPEALS Appeals must be submilled in writing within seven (7) working days after notification of proposed recommendations. Appeals should be submilled to County of Fresno Purchasing, 4525 E. Hamilton Avenue, Fresno, Califomia 93702-4599. Appeals should address only areas regarding RFP contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFP process. Purchasing will proVide a wrillen response to the complainant within seven (7) working days unless the complainant is notified more time is required. If the protesting bidder is not satisfied with the decision of Purchasing, he/she shall have the right to appeal to the Purchasing Agent/CAO within seven (7) business days after Purchasing's notification; except if, notified to appeal directly to the Board of Supervisors at the scheduled date and time. If the protesting bidder is not satisfied with Purchasing Agent/CAO's decision, the final appeal is with the Board of Supervisors. 20. OBLIGATIONS OF CONTRACTOR: A) CONTRACTOR shall perform as required by the ensuing contract. CONTRACTOR also warrants on behalf of itsell and all subcontractors engaged for the performance of the ensuing contract that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. B) CONTRACTOR shall obey all Federal, State, local and special district laws, ordinances and regulations. 21. AUDITS & RETENTION: The Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal govemment or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years follOWing the County's final payment under the contract or until conclusion of any pending mailer (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending mailers are closed. 22. DISCLOSURE -CRIMINAL HISTORY & CIVIL ACTIONS: Applies to Request for Proposal (RFP); does not apply to Request for Quotation (RFQ) unless specifically stated elsewhere in the RFQ document. In their proposal, the bidder is required to disclose if any of the following conditions apply to them, their owners, officers, corporate managers and partners (hereinafter collectively referred to as "Bidder): • Within the three-year period preceding the proposal, they have been convicted of, or had a civil judgment rendered against them for: 1C PD-040 (6/08) Proposal No. 968-4773 o fraud or a criminal offense in connection with obtaining, attempting to obtain, or perfonning a public (federal, state, or local) transaction or contract under a public transaction; o violation of a federal or state antitrust statute; o embezzlement, theft, forgery, bribery, falsification, or destruction of records; or o false statements or receipt of stolen property Within a three-year period preceding their proposal, they have had a public transaction (federal, state, or local) tenninated for cause or default. G:\PUBLlC\RFQ\96B-4773 SNOW REMOVAL SERVICES.DOC 10 PD-040 (610B) Quotation No. 968-4773 Page 2 BIDDING INSTRUCTIONS CONTRACT SERVICE AND SUPPLY The County of Fresno is soliciting bids to provide all labor, materials, equipment, etc., for Snow Removal Services at the following County Service Areas (CSA). Snow Removal Service Area Miles 1. CSA NO.1 -Tamarack Estates Internal Roads 0.663 Access way to wastewater treatment plant 12' wide by 100' long (part of CSA No.1) 0.19 2. CSA No. 35 AS (Dogwood) 6.45 Solitude Lane to Shaver Lake WWTP (Part of CSA No. 35 AS service) 0.50 3. Bretz Road from Highway 168 to Slick Rock Lane 1.25 4. CSA No. 35, Zone 0 (Granite Ridge), Internal Roads, Phase I through Phase VII' 2.813 5. CSA No. 35, Zone AT, Bretz Mountain Village), Internal Roads 1.196 6. CSA No. 35, Zone CD, (Timber Ridge), Internal Roads 0.7087 7. CSA No. 35, Zone AG, (Wildflower Village) Internal Roads, Phases I through V 3.250 8. CSA No. 35, Zone V, (Musick Falls), Internal Roads 0.998 9. CSA No. 35, Zone AK (Woody Lane), Internal Roads 0.174 The contract term shall be one (1) year. LOCAL VENDOR PREFERENCE: The Local Vendor Preference does not apply to this Request for Quotation. AWARD: Award will be made to the vendor(s) offering the equipment and system deemed to be to the best advantage of the County. The County shall be the sole judge in making such determination. COPIES: Submit one (1) original and two (2) copies of your quotation no later than the RFQ closing date and time as stated on the front of this document, to County of Fresno Purchasing. ISSUING AGENT: This RFQ has been issued by County of Fresno Purchasing. The Purchasing shall be the vendor's sole point of contact with regard to the RFQ, its content, and all issues concerning it. AUTHORIZED CONTACT: All communication regarding this RFQ shall be directed to an authorized representative of County Purchasing. The specific buyer managing this RFQ is identified on the cover page, along with his or her telephone number, and he or she should be the primary point of contact for discussions or information pertaining to the RFQ. Contact with any other County representative, including elected officials, for the purpose of discussing this RFQ, it content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in G:\PUBLlC\RFQ\968·4773 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 3 writing) with such other County representatives, may constitute grounds for rejection by Purchasing of the vendor's quotation. The above stated restriction on vendor contact with County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a vendor initiates a formal protest against the RFQ, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County's established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may address the Board. PAYMENT: County will make partial payments for services under this contract as described in the paragraph entitled "Compensation" within the Scope of Work section of this RFQ. RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. TERM: The contract period shall be one (1) year. QUANTITIES: Quantities shown in the bid schedule are approximate and the County guarantees no minimum amount. The County reserves the right to increase or decrease quantities. INVOICING: All invoices are to be delivered in duplicate to Special Districts Administration, Resources Division, Department of Public Works and Planning, 2220 Tulare Street, Sixth Floor, Fresno, CA 93721. Reference shall be made to the purchase order/contract number and equipment number if applicable on the invoice. VENDOR ASSISTANCE: Successful bidder shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements. TERMINATION: This agreement may be terminated by the County at any time upon written notice. HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save, hold harmless and at County's request, defend the County, its officers, agents and employees, from any and all costs and expenses, damages, liabilities, claims and losses occurring or resulting to County in connection with the performance, or failure to perform, by Contractor, its officers, agents or employees under this Agreement and from any and all costs and expenses, damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents or employees under this Agreement. ASSURANCES: Any contract awarded under this RFQ must be carried out in full compliance with The Civil Rights Act of 1964, The Americans With Disabilities Act of 1990, their subsequent amendments, and any and all other laws protecting the rights of individuals and agencies. The County of Fresno has a zero tolerance for discrimination, implied or expressed, and wants to ensure that policy continues under this RFQ. The contractor must also guarantee that services, or workmanship, provided will be performed in compliance with all applicable local, state, or federal laws and regulations pertinent to the types of services, or project, of the nature required under this RFQ. In addition, the contractor may be required to provide evidence substantiating that their employees have the necessary skills and training to perform the required services or work. G:\PUBLlC\RFQ\968·4773 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 4 INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Bidder under this agreement, it is mutually understood and agreed that Bidder, including any and all of Bidder's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Bidder shall perform its work and function. However, County shall retain the right to administer this agreement so as to verify that Bidder is performing its obligations in accordance with the terms and conditions thereof. Bidder and County shall comply with all applicable provisions of law and the rules and regulations, if any, of Governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Bidder waives any and all employment rights and benefits available to County employees. Bidder shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee benefits. In addition, Bidder shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this agreement, Bidder may be providing services to others unrelated to the County or to this agreement. PRICES: Bidder agrees that prices quoted are maximum for the contract period, and in the event of a price decline such lower prices shall be extended to the County of Fresno. EXAMINATION OF SITE: Where work is to be performed on County site, each bidder shall have examined the site of work before bidding and shall be responsible for having acquired full knowledge of the job and of all problems affecting it. No variations or allowance from the contract sum will be made because of lack of such examination. DAMAGE TO EXISTING WORK: Damage to existing construction, equipment, planting, etc., by the contractor in the performance of his work shall be replaced or repaired and restored to original condition by the contractor. CLEAN-UP: The Contractor shall at all times, keep the premises clean from accumulation of waste materials or rubbish caused by his employees or work and shall remove all resulting work debris from the job site. SUPERVISION: The Contractor shall give efficient supervision to the work, using therein the skill and diligence for which he is remunerated in the contract price. He shall carefully inspect the site and study and compare all drawings, specifications and other instructions, as ignorance of any phase of any of the features or conditions affecting the contract will not excuse him from carrying out its provisions to its full intent. STANDARD OF PERFORMANCE: All work shall be performed in a good and workmanlike manner. SAFEGUARDS: The contractor shall provide safeguards, in conformity with all local codes and ordinances as may be required. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an G:\PUBLlC\RFQ\968-4773 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 5 insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liability Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non­ owned vehicles used in connection with this Agreement. C. Professional Liability If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Within Thirty (30) days from the date contractor executes this Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Public Works and Planning ­ Special District Administration, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. G:IPUBLICIRFQI968-4773 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 6 In the event contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. Name of Insurance Carrier: Public Liability: Expires: Workman's Compensation: ________________ Expires: Proof of maintenance of adequate insurance will be required before award is made to vendor. GUARANTEE: The bidder shall state his written guarantee here: REFERENCES: Provide a list of three (3) client references who are presently using services being quoted. (Name, phone number and contact person.) G:\PUBLlC\RFQ\96B-4773 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 7 BIDDER TO COMPLETE THE FOLLOWING: PARTICIPATION The County of Fresno is a member of the Central Valley Purchasing Group. This group consists of Fresno, Kern, Kings, and Tulare Counties and all governmental, tax supported agencies within these counties. Whenever possible, these and other tax supported agencies co-op (piggyback) on contracts put in place by one of the other agencies. Any agency choosing to avail itself of this opportunity, will make purchases in their own name, make payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the original contract, all the while holding the County of Fresno harmless. If awarded this contract, please indicate whether you would extend the same terms and conditions to all tax supported agencies within this group as you are proposing to extend to Fresno County. D Yes, we will extend contract terms and conditions to all qualified agencies within the Central Valley Purchasing Group and other tax supported agencies. D No, we will not extend contract terms to any agency other than the County of Fresno. (Authorized Signature) Title G:\PUBLlC\RFQ\968-4773 SNOW REMOVAL SERVICES.DOC ------------------- ------------ --- --------- --------- --- --------- --------- --------- --- --------- Quotation No. 968-4773 Page 8 Firm: REFERENCE LIST Provide a list of at least five (5) customers for whom you have recently provided similar services (preferably California State or local government agencies). Be sure to include all requested information. Contact: Zip: Date: ____________ Contact:Reference Name: Address: City: State: Zip: ----------,-----------------------­ Phone No.: ( Date: Service Provided: ____________ Contact: Zip: Date: ____________ Contact: Zip: Date: ____________ Contact: Zip: Date: Failure to provide a list of at least five (5) customers may be cause for rejection of this RFQ. G:\PUBlIC\RFQ\968·4773 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 9 SCOPE OF WORK SNOW REMOVAL SERVICE AREAS: The County of Fresno Purchasing on behalf of the Department of Public Works and Planning, Resources Division is requesting quotations from qualified snow removal contractors for snow removal services. Below is a list of the snow removal service areas for which individual quotes will be received. Snow Removal Service Area Miles 1. CSA NO.1 -Tamarack Estates Internal Roads 0.663 Access way to wastewater treatment plant 12' wide by 100' long (part of GSA No.1) 0.19 2. CSA No. 35 AS (Dogwood) 6.45 Solitude Lane to Shaver Lake WWTP (Part of GSA No. 35 AS service) 0.50 3. Bretz Road from Highway 168 to Slick Rock Lane 1.25 4. CSA No. 35, Zone 0 (Granite Ridge), Internal Roads, Phase I through Phase VIII 2.813 5. CSA No. 35, Zone AT, Bretz Mountain Village), Internal Roads 1.196 6. CSA No. 35, Zone CD, (Timber Ridge), Internal Roads 0.7087 7. CSA No. 35, Zone AG, (Wildflower Village) Internal Roads, Phases I through V 3.250 8. CSA No. 35, Zone V, (Musick Falls), Internal Roads 0.998 9. CSA No. 35, Zone AK (Woody Lane), Internal Roads 0.174 Exhibit A-1 is an area wide map showing the snow removal areas within the Shaver Lake Community. Exhibits A-2 through A-7 show areas and roadways needing snow removal services. Exhibit B provides a list of road names and lengths. Bids may be submitted for one or more areas. Bidders are encouraged to bid on service areas in which they can provide the best response time and efficiencies. However, the County may not obtain service contracts for all of the areas listed above. SNOW SEASON: The snow season is defined as when the first snowfall occurs, or November 1, which ever occurs first until the last snowfall, or May 31, whichever occurs last. SCOPE OF WORK I DUTIES AND RESPONSIBILITIES: Snow removal shall be done in a manner to preserve and protect the roads, to the extent necessary, to insure safe and efficient transportation. The work shall be performed in a professional, workmanlike manner, and shall use those methods and equipment consistent with the best practices of the trade. The Contractor's responsibilities and duties are detailed below. A. Prior to the first snow fall: 1 Provide County staff with current certificates of insurance for all categories of required coverage. 2 Conduct an inspection of the subject roadways accompanied by County Staff and Citizen's Advisory Council member to accomplish the following: G:IPUBLICIRFQI968-4773 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 10 a Document in writing and in electronic digital photographs the location and extent of any previous damage to roadway pavement, curbs, gutters driveway approaches, drainage and sewer collection facilities. The documentation shall be transmitted to the County Representative in a timely manner and will be retained as a benchmark for evaluating future damage. b Determine where snow poles are needed to be placed. Particular attention should be given to areas susceptible to damage during snow removal operations such as curves in the roadway or cul-de-sacs. The Contractor can obtain snow poles from the County Special Districts staff. They should be placed close to roadside curbing and close enough to each other to guide the snow removal equipment operator away from causing damage to curbs and other obstacles. 3 Contact the Permit Engineer in the Road Maintenance and Operations Division of the County Department of Public Works and Planning and obtain an encroachment permit for snow removal for all eligible roadways. Payment of encroachment permit fees is the responsibility of the Contractor. If encroachment permits are not obtained in a timely manner, this may cause the County to delay payments to the Contractor for snow removal services or termination of the Agreement. B. During the snow fall period: 1 Have necessary equipment in working and well maintained condition; have materials such as sand on hand, and labor mobilized and available twenty-four (24) hours a day, seven (7) days a week to perform snow removal and related services for the subject roadways. 2 Perform snow removal operations on subject roadways so that snow does not accumulate to more than three (3) inches in anyone place. a The roadway shall be cleared of snow so that two (2) traffic lanes are open at all times or to within two feet of curbs or edge of roadway pavement. b Make every reasonable effort to avoid piling or pushing snow up on driveway approaches or access ways. c Remove snow that accumulates and packs during a storm as soon as weather conditions permit, eliminating potholes and rutting. d Maintain and keep clear of snow all over-board drains provided on the subject roadways. e Remove snow from fire hydrants in order to keep them all accessible and maintainable. f Apply sand to road areas that are slippery or subject to icing or at the request of County staff. 3 Take responsibility for any damages to public and private property resulting from snow removal and ancillary services. If the contractor damages County owned property or property that the County is responsible for maintaining, the County shall have the discretion of determining if the contractor should repair the damages or should provide for the cost of repair. G:\PUBLlC\RFQ\968-4773 SNOW REMOVAL SERVICES.oOC Quotation No. 968-4773 Page 11 4 Remove at no further increased compensation the accumulation or build-up of snow or ice as a result of neglect. The County shall not be responsible for any damage or injury to equipment or persons resulting from the removal of said accumulation or ice. 5 Respond in writing to the County in regards to complaints made by the CSA's residents. 6 The County will try to document reports of insufficient services by requesting complainants provide digital photo images with time stamps. If the County receives a complaint or is notified of insufficient service for the first time after a snow storm, the Contractor shall investigate and provide a written response to the circumstances. a If the County receives a complaint or is notified a second time for the same or similar insufficient service for a succeeding snow storm and is not satisfied with the written explanation provided by the Contractor, the County may request a meeting with the Contractor to discuss any improvements in operation the Contractor can provide. b If the County receives a complaint or is notified a third time for the same or a similar insufficient service for a succeeding snow storm and the County Representative is not satisfied with the Contractor's written response, the County may assess liquidated damages of up to ten (10) percent of the monthly's compensation. Continued complaints of the same nature may cause termination of the Agreement. 7 Add and/or replace snow poles if taken out during the season. C. After the last snow of the season or May 1, whichever comes later: 1 Provide street sweepings on all subject roadways impacted by snow removal services; preferably prior to the Memorial Day weekend unless prohibited by unseasonable snows. The purpose of street sweeping will be to remove excess sand and debris and whatever has been deposited due to snow removal. 2 Repair all surfaces, curbs, bent snow poles and signs and other facilities that were damaged by snow removal. County may withhold final payment until repairs are made. GENERAL PROVISIONS: No allowance will be made for travel time to and from the service area. The County Purchasing Manager reserves the right to choose the bid price method that best suits the financial needs of the County Service Area and evaluate the equipment, manpower availability and experience, distance from equipment storage yard to service area, and snow removal commitments and work load. COMPENSATION: (All areas except CSA No.1 -Tamarack Estates) Compensation shall be based on the selected bidder's "lump sum" price quotation for the entire snow season to fulfill all the responsibilities and conduct all duties specified in "Scope of Work / Responsibilities and Duties" for an Average Season. The Average Season has been established by taking the precipitation amounts at the Shaver Lake Regional Facility for the months of November, December, January, February, March and April for the last ten years and deriving the average of 38.3 inches (Exhibit C). Eighty percent (80%) of the quoted amount will be paid in equal monthly installments for the first five months of the snow season. G:\PUBLlC\RFQ\968-4773 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 12 At the end of the snow season, the amount of precipitation received for the months of November through the end of April will be tabulated. If that amount is greater than the eighty percent (80%) of the ten year average (30.6"), an adjusted payment will be made based on the inches above 30.6 at the unit price. Below is an example of how compensation will be determined for all service areas. Quotation for an avg. year 80 % of Quote Monthly installment for five mos. 10 yr. Avg. Snow Season Precipitation Unit Cost per inch Actual Precipitation During Snow Season Adjustment Payment 11.4 inches x unit rate $40,000 $32,000 $6,400 38.3 $1,044.39 42 $11,906.05 Quotation for an avg. year 80 % of Quote Monthly installment for five mos. 10 yr. Avg. Snow Season Precipitation Unit Cost per inch Actual Precipitation During Snow Season Adjustment Payment 1.4 inches x unit rate $40,000 $32,000 $6,400 38.3 $1,044.39 32 $1,462.15 Quotation for an avg. year 80 % of Quote Monthly installment for five mos. 10 yr. Avg. Snow Season Precipitation Unit Cost per inch Actual Precipitation During Snow Season Adjustment Payment $40,000 $32,000 $6,400 38.3 $1,044.39 29 $0 If measuring equipment at Shaver Lake Regional Facility is damaged or unable to produce reliable data, precipitation amounts published by California Department of Water Resources will be used to calculate reimbursement amounts. COMPENSATION: CSA No.1 -Tamarack Estates: Compensation at CSA NO.1 ­ Tamarack Estates shall be a flat rate for the entire snow season paid in six (6) equal monthly installments from November through April. EQUIPMENT: The attached "Equipment Inventory" sheet must be completed and submitted with bids. Contractors shall provide on the Equipment Inventory the type of equipment, make, model, year and description. The contractor must possess the equipment listed at the time of bid opening and it must be in operating condition. Equipment capabilities will be a factor in evaluating bids. The contractor shall identify the response time to reach the subdivision from the location equipment is stored. All equipment must be well maintained and kept in good running condition. The County may verify and inspect equipment prior to award of contracts. G:IPUBLICIRFQI966·4773 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 13 MANPOWER AVAILABILITY AND SNOW REMOVAL EXPERIENCE: The Bidders must also complete and submit the Man Power Availability and Experience Questionnaire indicating the manpower available to operate the equipment. The drivers of the equipment shall have the proper and valid licenses to operate the equipment. The experience level of bidders will be a consideration of selection. LIST OF OTHER SNOW REMOVAL CONTRACTS OR SERVICES TO OTHER PARTIES: Bidders shall provide information on other snow removal contracts or services to other parties. This will be used to gauge the existing or planned work commitments and work load of the bidder. PREPARATION PRIOR TO BID SUBMITTALS: Bidders are encouraged to field check the snow removal areas and may submit questions to Craig Nickel, Buyer III, 4525 E. Hamilton Ave., Fresno, CA 93702, phone (559) 456-7110, fax (559) 456-7831, email: cnickel@co.fresno.ca.us. BID SHEET: The bidder shall state a quotation for the entire snow season to fulfill all the responsibilities and conduct all duties specified in "Scope of Work / Responsibilities and Duties" for an Average Season based on the ten year average (38.3") provided in Exhibit C. Eighty percent (80%) of the quoted amount will be paid in equal monthly installments for the first five months of the snow season. At the end of the snow season, the amount of precipitation received for the months of November through the end of April will be tabulated. If that amount is greater than the eighty percent (80%) of the ten year average (30.6"), an adjusted payment will be made based on the inches above 30.6 at the unit price. The County is also requesting an hourly rate quotation for snow removal services in each district. This will be utilized for unanticipated or extra services pre-authorized by the County. EXAMINATION OF WORK SITE: Each bidder shall have examined the site of work before bidding and shall be responsible for having acquired full knowledge of the job and of all problems affecting it. No variations or allowance from the contract sum shall be made because of lack of such examination. G:IPUBLICIRFQI968-4773 SNOW REMOVAL SERVICES.DOC ------------------ Quotation No. 968-4773 Page 14 Company Name: QUOTATION SCHEDULE The bidder shall state a quotation for the entire snow season to fulfill all the responsibilities and conduct all duties specified in "Scope of Work / Responsibilities and Duties" for an Average Season based on the ten year average (38.3") provided in Exhibit C. Eighty percent (80%) of the quoted amount will be paid in equal monthly installments for the first five months of the snow season. At the end of the snow season, the amount of precipitation received for the months of November through the end of April will be tabulated. If that amount is greater than the eighty percent (80%) of the ten year average (30.6"), an adjusted payment will be made based on the inches above 30.6 at the unit price. PLEASE NOTE: Quotation for CSA NO.1 -Tamarack Estates is exempted from this compensation formula. The bidder shall state a flat fee quotation for the entire snow season to fulfill all of the responsibilities in "Scope of Work / Responsibilities and Duties" for service to CSA NO.1. The County is also requesting an hourly rate quotation for snow removal services in each district. This will be utilized for unanticipated or extra services pre-authorized by the County. Snow Removal Service Area Quotation for an average year Hourly rate for snow removal GSA No. 35 AS (Dogwood) $ $ Solitude Lane to Shaver Lake Wastewater Treatment Facilities (part of GSA 35 AS Service) $ $ Bretz Road from Highway 168 to Slick Rock Lane $ $ GSA No. 35, Zone 0 (Granite Ridge) $ $ GSA No. 35, Zone AT, Bretz Mountain Village) $ $ GSA No. 35, Zone GO, (Timber Ridge) $ $ GSA No. 35, Zone AG, (Wildflower Village) $ $ GSA No. 35, Zone V, (Musick Falls) $ $ GSA No. 35, Zone AK (Woody Lane) $ $ Snow Removal Service Area Flat fee quotation for entire snow season Hourly rate for snow removal GSA NO.1 Tamarack Estates $ $ GSA No.1 Access Way to Wastewater Treatment Plant 12' wide by 100' long (part of GSA 1 Service) $ $ G:\PUBLlC\RFQ\96B-4773 SNOW REMOVAL SERVICES.DOC ----------------- Quotation No. 968-4773 Page 15 Company Name: BIDDER TO COMPLETE EQUIPMENT INVENTORY Type of Equipment Make / Model/Year Description MANPOWER AVAILABILITY AND EXPERIENCE Employee's Classification Special Licenses Experience or Primary Function G:IPUBLICIRFQI968-4773 SNOW REMOVAL SERVICES.DOC ----------------- Quotation No. 968-4773 Page 16 Company Name: DISTANCE FROM EQUIPMENT STORAGE YARD TO SERVICE AREA Bidders shall provide the distance (down to tenths of a mile) from where equipment is stored to the service area. District Location of Equipment Distance 1. CSA No.1, Tamarack Estates 2 CSA No. 35 AS, Dogwood Tracts 3. Bretz Road from Highway 168 4. CSA No. 35, Zone 0, Granite RidQe 5. CSA No. 35, Zone AT, Bretz Mt. VillaQe 6. CSA No. 35, Zone CD, Timber RidQe 7. CSA No. 35, Zone AG, Wildflower VillaQe 8. CSA No. 35, Zone V, Musick Falls 9. CSA No. 35 AK, Woody Lane LIST OF OTHER SNOW REMOVAL CONTRACTS OR SERVICES TO OTHER PARTIES Service Area Current Obligation or Time Period of Obligation Total Miles / Distance of PlanninQ to Bid Services Provided G:\PUBLlC\RFQ\968·4773 SNOW REMOVAL SERVICES,DOC Quotation No. 968-4773 Page 17 CHECK LIST This Checklist is provided to assist the vendors in the preparation of their bid response. Included in this list, are important requirements and is the responsibility of the bidder to submit with the bid package in order to make the bid compliant. Because this checklist is just a guideline, the bidder must read and comply with the bid in its entirety. Check off each of the fol/owing: 1. The Request for Quotation (RFQ) has been signed and completed. 2. One (1) original and two (2) copies of the RFQ have been provided. 3. Addenda, if any, have been completed, signed and included in the bid package. 4. The completed Reference List as provided with this RFQ. 5. The Quotation Schedule as provided with this RFQ, has been completed, priced reviewed for accuracy and any corrections initialed in ink. 6. Indicate all of bidder exceptions to the County's requirements, conditions and specifications as stated within this RFQ. 7. Bidder to Complete page as provided with this RFQ. 8. Lastly, on the LOWER LEFT HAND CORNER of the sealed envelope, box, etc. transmitting your bid, attach the "Request for Quotation Label" and include the following information: County of Fresno RFQ No. 968-4773 Closing Date: November 13, 2009 Closing Time: 2:00 P.M. Commodity or Service: Snow Removal Services This Checklist does not need to be returned with your bid. G:\PUBLlC\RFQ\968·4773 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 18 EXHIBITS Exhibit A-1 Shaver Lake Area Map 968-4773 EXHIBIT A-1.pdf Exhibit A-2 County Service Area 1 -Tamarack Estates 968-4773 EXHIBIT A-2.pdf Exhibit A-3 County Service Area 35 AS -Dogwood Tracts 968-4773 EXHIBIT A-3.pdf Exhibit A-4 Bretz Road & County Service Areas 35 A, 35 CD, 35AT, & 35CI 968-4773 EXHIBIT A-4.pdf Exhibit A-5 County Service Area 35 AG -Wildflower Village 968-4773 EXHIBIT A-5.pdf Exhibit A-6 County Service Area 35 V -Musick Falls 968-4773 EXHIBIT A-6.pdf Exhibit A-7 County Service Area 35 AK -Woody Lane 968-4773 EXHIBIT A-7.pdf Exhibit B -Service Area Road Names and Lengths 968-4773 EXHIBIT B.pdf Exhibit C -Average Snow Season Precipitation Level 968-4773 EXHIBIT C.pdf G:\PUBLlC\RFQ\968·4n3 SNOW REMOVAL SERVICES.DOC PROCUREMENT AGREEMENT NUMBER: P-09-626·G Doug Koerper Construction December 9,2009 EXHIBIT NO. TWO G:\PUBLlC\CONTRACTS & EXTRACTS\G\P-09-626-G DOUG KOERPER.DOC ---- COUNTY OF FRESNO REQUEST FOR QUOTATION NUMBER: 968·4773 SNOW REMOVAL SERVICES November 10, 2009 PURCHASING USE ORG/Requisition: 9180/9181000002 G:\PUBLlC\RFQ\968-4773 SNOW REMOVAL SERVIC ES. DOC IMPORTANT: SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER, CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO, Purchasing 4525 EAST HAMILTON AVENUE FRESNO, CA 93702·4599 CLOSING DATE OF BID WILL BE AT 2:00 P.M., ON NOVEMBER 13, 2009. QUOTATIONS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M. Quotations will be opened and publicly read at that time. All quotation information will be available for review after contract award. Clarification of specifications is to be directed to: Craig Nickel, phone (559) 456·7110, e-mail CountyPurchasing@co.fresno.ca.us FAX (559) 456·7831. GENERAL CONDITIONS: See "County Of Fresno Purchasing Standard Instructions And Conditions For Request For Proposals (RFP'S) and Requests for Quotations (RFQ'S)" attached. Check County of Fresno Purchasing's Open Solicitations website at http://www2.coJresno.ca.uslO440/Bidshome2.asp for RFQfRFP documents and changes. BIDDER TO COMPLETE UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE ATIACHED QUOTATION SCHEDULE AT THE PRICES AND TERMS STATED, SUBJECT TO THE "COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUEST FOR QUOTATIONS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S)"ATIACHED. Except as noted on individual items, the following will apply to all items in the Quotation Schedule. 1. Complete delivery will be made within calendar days after receipt of Order. 2. A cash discount ______ % days will apply. / -V~t/6 /QEtf!.JGK. (7QA/srl? de raP COMPANY ADDRESS CITY SIGNED BY PRINT NAME 722C-J6 ZIP CODE #~~£~~ ~A'/~-V. ~ E-MAIL ADDRESS 7 TITLE PD-01O (6/08) Proposal No. 968-4773 COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUESTS FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S) Note: the reference to "bids" in the following paragraphs applies to RFP's and RFQ's GENERAL CONDITIONS By submitting a bid the bidder agrees 10 the following conditions. These conditions will apply to all subsequent purchases based on this bid. 1. BID PREPARATION: A) All prices and notations must be typed or written in ink. No erasures permitted. Errors may be crossed out, initialed and corrections printed in ink by person signing bid. B) Brand Names: Brand names and numbers when given are for reference. Equal items will be considered, provided the offer clearly describes the article and how it differs from that specified. In the absence of such information it shall be understood the offering is exactly as specified. C) State brand or make of each item. If bidding on other than specified, state make, model and brand being bid and attach supporting literature/specifications to the bid. 0) Bid on each item separately. Prices should be stated in units specified herein. All applicable charges must be quoted; charges on invoice not quoted herein will be disallowed. E) Time of delivery is a part of the consideration and must be stated in definite terms and must be adhered to. F.O.B. Point shall be destination or freight charges must be stated. F) All bids must be dated and signed with the firm's name and by an authorized officer or employee. G) Unless otherwise noted, prices shall be firm for 180 days after closing date of bid. 2. SUBMITTING BIOS: A) Each bid must be submitted on forms provided in a sealed envelope/package with bid number and closing date and time on the outside of the envelope/package. B) Interpretation: Should any discrepancies or omissions be found in the bid specifications or doubt as to their meaning, the bidder shall notify the Buyer in writing at once. The County shall not be held responsible for verbal interpretations. Questions regarding the bid must be received by Purchasing at least 5 working days before bid opening. All addenda issued shall be in writing, duly issued by Purchasing and incorporated into the contract. C) ISSUING AGENT/AUTHORIZED CONTACT: This RFQlRFP has been issued by County of Fresno Purchasing. Purchasing shall be the vendor's sole point of contact with regard to the RFQlRFP, its content, and all issues conceming it. All communication regarding this RFQlRFP shall be directed to an authorized representative of County Purchasing. The specific buyer managing this RFQ is identified on the cover page, along with his or her telephone number, and he or she should be the primary point of contact for discussions or infomnation pertaining to the RFQ/RFP Contact with any other County representative, including elected officials, for the purpose of discussing this RFQ/RFP, its content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in writing) with such other County representatives, may constitute grounds for rejection by Purchasing of the vendor's quotation. The above stated restriction on vendor contact with County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a vendor initiates a fomnal protest against the RFQ/RFP, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County's established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may address the Board. D) Bids received after the closing time will NOT be considered. E) Bidders are to bid what is specified or requested first. If unable to or unwilling to, bidder may bid altemative or option, indicating all advantages, disadvantages and their associated cost. F) Public Contract Code Section 7028.15 Where the State of California requires a Contractor's license, it is a misdemeanor for any person to submit a bid unless specifically exempted. 3. FAILURE TO BID: A) If not bidding, retum bid sheet and state reason for no bid or your name may be removed from mailing list. 4. TAXES, CHARGES AND EXTRAS: A) County of Fresno is subject to California sales and/or use tax (8.975%). Please indicate as a separate line item if applicable. B) DO NOT include Federal Excise Tax. County is exempt under Registration No. 94-73-Q3401-K. C) County is exempt from Federal Transportation Tax. Exemption certificate is not required where shipping papers show consignee as County of Fresno. D) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid. HTIP:J1WWW2.CO.FRESNO.CA.USl0440/DWNPGITMSI968-4773 SNOW REMOVAL SERVICES.DOC 1A PD-Q10 (4/09) Proposal No. 968-4773 5 W-9 -REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND 2. Holds any required business license by a jurisdiction located in CERTIFICATION: Upon award of bid, the vendor shall submit to County Purchasing, a completed W-9 -Request for Taxpayer Identification Number and Certification if not already a current vendor with The County of Fresno. This fomn is available from the IRS to complete on line at http://www.irs.qov/pub/irs-pdf/fw9.pdf. 6. AWARDS: A) Subject to the local preference provisions referenced in Paragraph 6 below and more thoroughly set forth in the General Requirements section of this RFQ/RFP, award(s) will be made 10 the most responsive responsible bidder. The evaluation will include such things as life-cycle cost, availability, delivery costs and whose product and/or service is deemed to be in the best interest of the County. The County shall be the sole judge in making such determination. B) Unless bidder gives notice of all-<lr-none award in bid, County may accept any item, group of items or on the basis of total bid. G) The County reserves the right 10 reject any and all bids and to waive infomnalities or irregularities in bids. D) After award, all bids shall be open to public inspection. The County assumes no responsibility for the confidentiality of information offered in a bid. 7. LOCAL VENDORS A) Local Vendor Preference (applicable to RFQ Process only) The following provisions are applicable only to the County's acquisition of materials, equipment or supplies through the RFQ process when the funding source does not require an exemption to the Local Vendor Preference. THE PROVISIONS OF THIS PARAGRAPH ARE APPLICABLE, NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS RFQ TO THE CONTRARY If the apparent low bidder is not a local vendor, any local vendor who submitted a bid which was within five percent (5%) of the lowest responsive bid as determined by the purchasing agent shall have the option of submitting a new bid within forty-eight hours (not including weekends and holidays) of County's delivery of notification. Such new bids must be in an amoun I less than or equal to the lowest responsive bid as determined by the purchasing agent. If the purchasing agent receives any new bids from local vendors who have the option of submitting new bids within said forty-eight hour period, it shall award the contract to the local vendor submitting the lowest responsible bid. If no new bids are received, the contract shall be awarded to the original low bidder as announced by the purchasing agent. B) Local Vendor Defined "Local Vendor" shall mean any business which: 1. Has its headquarters, distribution point or locally-<lwned franchise located in or having a street address within the County for at least six (6) months immediately prior to the issuance of the request for competitive bids by the purchasing agent; and Fresno County; and 3. Employs at least one (1) full-time or two (2) part-time employees whose primary residence is located within Fresno County, or if the business has no employees, shall be at least fifty percent (50%) owned by one or more persons whose primary residence(s) is localed within Fresno County. 8. TIE BIDS: All other factors being equal. the contract shall be awarded 10 the Fresno County vendor or, if neither or both are Fresno County vendors, it may be awarded by the flip of a coin in the presence of witnesses or the entire bid may be rejected and re-bid. If the General Requirements of this RFQ state that they are applicable, the provisions of the Fresno County Local Vendor Preference shall take priority over this paragraph. 9. PATENT INDEMNITY The vendor shall hold the County, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with this bid. 10. SAMPLES: Samples, when required, must be furnished and delivered free and, if not destroyed by tests, will upon written request (within 30 days of bid closing date) be retumed at Ihe bidder's expense. In the absence of such notification, County shall have the right to dispose of the samples in whatever manner it deems appropriate. 11. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: A) In case of default by vendor, the County may procure the articles or service from another source and may recover the cost difference and related expenses occasioned thereby from any unpaid balance due the vendor or by proceeding against performance bond of the vendor, if any, or by suit against the vendor. The prices paid by the County shall be considered the prevailing market price at the time such purchase is made. B) Articles or services, which upon delivery inspection do not meet specifications, will be rejected and the vendor will be considered in default. Vendor shall reimburse County for expenses related to delivery of non-specified goods or services. C) Regardless of F.O.B. point, vendor agrees to bear all risks of loss, injury or destruction to goods and materials ordered herein which occur prior to delivery and such loss, injury or destruction shall not release vendor from any obligation hereunder. 12. DISCOUNTS: Terms of less than 15 days for cash payment will be considered as net in evaluating this bid. A discount for payment within fifteen (15) days or more will be considered in determining the award of bid. Discount period will commence either the later of delivery or receipt of invoice by the County Standard terms are Net Forty-five (45) days. 13. SPECIAL CONDITIONS IN BID SCHEDULE SUPERSEDE GENERAL CONDITIONS. The "General Conditions" provisions of this RFP/RFQ shall be superseded if in conflict with any other section of this bid, to the extent of any such conflict HTIP:IIWWW2.CO.FRESNO.CA.USI0440IDWNPGITMS/9684773 SNOW REMOVAL SERVICES.DOC 16 PD~40 (6/08) Proposal No. 968-4773 14. SPECIAL REQUIREMENT: With the invoice or within twenty-five (25) days of delivery, the seller must provide to the County a Material Safety Data Sheet for each product, which contains any substance on "The List of 800 Hazardous Substances', published by the State Director of Industrial Relations. (See Hazardous Substances Information and Training Act. California Slate Labor Code Sections 6360 through 6399.7.) 15. RECYCLED PRODUCTS/MATERIALS: Vendors are encouraged to provide and quote (with documentation) recycled or recyclable products/materials which meet stated specifications. 16 YEAR COMPLIANCE WARRANTY Vendor warrants that any product furnished pursuant to this Agreement/order shall support a four-digit year format and be able to accurately process date and time data from, into and between the twentieth and twenty-first centuries, as well as leap year calculations. 'Product' shall include, without limitation, any piece or component of equipment, hardware, firmware, middleware, custom or commercial software, or intemal components or subroutines therein. This warranty shall survive termination or expiration of this Agreement. In the event of any decrease in product functionality or accuracy related to time and/or date data related codes and/or internal subroutines that impede the product from operating correctly using dates beyond December 31, 1999, vendor shall restore or repair the product to the same level of functionality as warranted herein, so as to minimize interruption to County's ongoing business process, time being of the essence. In the event that such warranty compliance requires Ihe acquisition of additional programs, the expense for any such associated or additional acqUisitions, which may be required, including, without limitation, data conversion tools, shall be borne exclusively by vendor. Nothing in this warranty shall be construed to limit any rights or remedies the County may otherwise have under this Agreement with respect to defects other than year performance. 17. PARTICIPATION: Bidder may agree to extend the terms of the resulting contract to other political subdivision, municipalities and tax-supported agencies. Such participating Govemmental bodies shall make purchases in their own name, make payment directly to bidder, and be liable directly to the bidder, holding the County of Fresno harmless. 18. CONFIDENTIALITY: All services performed by vendor shall be in strict conformance with all applicable Federal, State of Califomia and/or local laws and regulations relating to confidentiality, including but not limited to, Califomia Civil Code, Califomia Welfare and Institutions Code, Health and Safety Code, Califomia Code of Regulations, Code of Federal Regulations. Vendor shall submit to County's monitoring of said compliance. Vendor may be a business associate of County, as that term is defined in the 'Privacy Rule" enacted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). As a HIPAA Business Associate, vendor may use or disclose protected health information ("PHI') to perform functions, activities or services for or on behalf of County as specified by the County, provided that such use or disclosure shall not violate HIPAA and its implementing regulations. The uses and disclosures if PHI may not be more expansive than those applicable to County, as the 'Covered Entity' under HIPAA'S Privacy Rule, except as authorized for management, administrative or legal responsibilities of the Business Associate. Vendor shall not use or further disclose PHI other than as permitted or required by the County, or as required by law without written notice to the County. Vendor shall ensure that any agent, including any subcontractor, to which vendor provides PHI received from, or created or received by the vendor on behalf of County, shall comply with the same restrictions and conditions with respect to such information. 19. APPE,';LS Appeals must be submitted in writing within seven (7) working days after notification of proposed recommendations. Appeals should be submitted to County of Fresno Purchasing, 4525 E. Hamilton Avenue, Fresno, California 93702-4599. Appeals should address only areas regarding RFP contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFP process. Purchasing will provide a written response to the complainant within seven (7) working days unless the complainant is notified more time is required. If the protesting bidder is not satisfied with the decision of Purchasing, he/she shall have the right to appeal to the Purchasing Agent/CAO within seven (7) business days after Purchasing's notification; except if, notified to appeal directly to the Board of Supervisors at the scheduled date and time. If the protesting bidder is not satisfied with Purchasing Agent/CAO's decision, the final appeal is with the Board of Supervisors. 20 OBLIGATIONS OF CONTRACTOR A) CONTRACTOR shall perform as required by the ensuing contract. CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of the ensuing contract that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. B) CONTRACTOR shall obey all Federal, State, local and special district laws, ordinances and regulations. 21. AUDITS &RETENTION: The Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. 22. DISCLOSURE -CRIMINAL HISTORY &CIVIL ACTIONS: Applies to Request for Proposal (RFP); does not apply to Request for Quotation (RFQ) unless specifically stated elsewhere in the RFQ document. In their proposal, the bidder is required to disclose if any of the following conditions apply to them, their owners, officers, corporate managers and partners (hereinafter collectively referred to as 'Bidde(): • Within the three-year period preceding the proposal, they have been convicted of, or had a civil judgment rendered against them for: HTIP:lJWlNW2.CO.FRESNO.CAUS/0440/DWNPGITMSl968-4773 SNOW REMOVAL SERVICES.DOC 1C PO-Q4Q (6/08) Proposal No. 968-4773 o fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, slate, or local) transaction or contract under a public transaction; o violation of a federal or state antitrust statute; o embezzlement, theft, forgery, bribery, falsification, or destruction of records; or o false statements or receipt of stolen property Within a three-year period preceding their proposal, they have had a public transaction (federal, state, or local) terminated for cause or default. HTIP:/1WWW2.CO.FRESNO.CA.US/0440IDWNPGITMS/9684773 SNOW REMOVAL SERVICES.DOC 10 PD-Q40 (6/08) Quotation No. 968-4773 Page 2 BIDDING INSTRUCTIONS CONTRACT SERVICE AND SUPPLY The County of Fresno is soliciting bids to provide all labor, materials, equipment, etc., for Snow Removal Services at the following County Service Areas (CSA). Snow Removal Service Area Miles 1. CSA No.1 -Tamarack Estates Internal Roads 0.663 Access way to wastewater treatment plant 12' wide by 100' long (part of CSA No.1) 0.19 2. CSA No. 35 AS (Dogwood) 6.45 Solitude Lane to Shaver Lake WWTP (part of CSA 1\10. 35 AS service) 0.50 3. Bretz Road from Highway 168 to Slick Rock Lane 1.25 4. CSA No. 35, Zone 0 (Granite Ridge), Internal Roads, Phase I through Phase VIII 2.813 5. CSA No. 35, Zone AT, Bretz Mountain Village), Internal Roads 1.196 6. CSA No. 35, Zone CD, (Timber Ridge), Internal Roads 0.7087 7. CSA No. 35, Zone AG, (Wildflower Village) Internal Roads, Phases I through V 3.250 8. CSA No. 35, Zone V, (Musick Falls), Internal Roads 0.998 9. CSA No. 35, Zone AK (Woody Lane), Internal Roads 0.174 The contract term shall be one (1) year. LOCAL VENDOR PREFERENCE: The Local Vendor Preference does not apply to this Request for Quotation. AWARD: Award will be made to the vendor(s) offering the equipment and system deemed to be to the best advantage of the County. The County shall be the sole judge in making such determination. COPIES: Submit one (1) original and two (2) copies of your quotation no later than the RFQ closing date and time as stated on the front of this document, to County of Fresno Purchasing. ISSUING AGENT: This RFQ has been issued by County of Fresno Purchasing. The Purchasing shall be the vendor's sole point of contact with regard to the RFQ, its content, and all issues concerning it. AUTHORIZED CONTACT: All communication regarding this RFQ shall be directed to an authorized representative of County Purchasing. The specific buyer managing this RFQ is identified on the cover page, along with his or her telephone number, and he or she should be the primary point of contact for discussions or information pertaining to the RFQ. Contact with any other County representative, including elected officials, for the purpose of discussing this RFQ, it content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in HTIP:/1WWW2.CO.FRESNO.CA.US/0440IDWNPGITMS/968-4773 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 3 writing) with such other County representatives, may constitute grounds for rejection by Purchasing of the vendor's quotation. The above stated restriction on vendor contact with County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a vendor initiates a formal protest against the RFQ, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County's established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may address the Board. PAYMENT: County will make partial payments for services under this contract as described in the paragraph entitled "Compensation" within the Scope of Work section of this RFQ. RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. TERM: The contract period shall be one (1) year. QUANTITIES: Quantities shown in the bid schedule are approximate and the County guarantees no minimum amount. The County reserves the right to increase or decrease quantities. INVOICING: All invoices are to be delivered in duplicate to Special Districts Administration, Resources Division, Department of Public Works and Planning, 2220 Tulare Street, Sixth Floor, Fresno, CA 93721. Reference shall be made to the purchase order/contract number and equipment number if applicable on the invoice. VENDOR ASSISTANCE: Successful bidder shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements. TERMINATION: This agreement may be terminated by the County at any time upon written notice. HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save, hold harmless and at County's request, defend the County, its officers, agents and employees, from any and all costs and expenses, damages, liabilities, claims and losses occurring or resulting to County in connection with the performance, or failure to perform, by Contractor, its officers, agents or employees under this Agreement and from any and all costs and expenses, damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents or employees under this Agreement. ASSURANCES: Any contract awarded under this RFQ must be carried out in full compliance with The Civil Rights Act of 1964, The Americans With Disabilities Act of 1990, their subsequent amendments, and any and all other laws protecting the rights of individuals and agencies. The County of Fresno has a zero tolerance for discrimination, implied or expressed, and wants to ensure that policy continues under this RFQ. The contractor must also guarantee that services, or workmanship, provided will be performed in compliance with all applicable local, state, or federal laws and regulations pertinent to the types of services, or project, of the nature required under this RFQ. In addition, the contractor may be required to provide evidence SUbstantiating that their employees have the necessary skills and training to perform the required services or work. HTIP:/JWWW2,CO,FRESNO.CA,US/0440/DWNPGITMS/968··1n3 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 4 INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Bidder under this agreement, it is mutually understood and agreed that Bidder, including any and all of Bidder's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Bidder shall perform its work and function. However, County shall retain the right to administer this agreement so as to verify that Bidder is performing its obligations in accordance with the terms and conditions thereof. Bidder and County shall comply with all applicable provisions of law and the rules and regulations, if any, of Governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Bidder waives any and all employment rights and benefits available to County employees. Bidder shall be solely liable and responsible for providing to; or on behalf of, its employees all legally required employee benefits. In addition, Bidder shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this agreement, Bidder may be providing services to others unrelated to the County or to this agreement. PRICES: Bidder agrees that prices quoted are maximum for the contract period, and in the event of a price decline such lower prices shall be extended to the County of Fresno. EXAMINATION OF SITE: Where work is to be performed on County site, each bidder shall have examined the site of work before bidding and shall be responsible for having acquired full knowledge of the job and of all problems affecting it. No variations or allowance from the contract sum will be made because of lack of such examination. DAMAGE TO EXISTING WORK: Damage to existing construction, equipment. planting, etc., by the contractor in the performance of his work shall be replaced or repaired and restored to original condition by the contractor. . CLEAN-UP: The Contractor shall at all times, keep the premises clean from accumulation of waste materials or rubbish caused by his employees or work and shall remove all resulting work debris from the job site. SUPERVISION: The Contractor shall give efficient supervision to the work, using therein the skill and diligence for which he is remunerated in the contract price. He shall carefully inspect the site and study and compare all drawings, specifications and other instructions, as ignorance of any phase of any of the features or conditions affecting the contract will not excuse him from carrying out its provisions to its full intent. STANDARD OF PERFORMANCE: All work shall be performed in a good and workmanlike manner. SAFEGUARDS: The contractor shall provide safeguards, in conformity with all local codes and ordinances as may be required. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an HTTP://WWW2.CO.FRESNO.CA.US/0440IOWNPGITMS/968-4773 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 5 insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liability Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non­ owned vehicles used in connection with this Agreement. C. Professional Liability If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Within Thirty (30) days from the date contractor executes this Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Public Works and Planning ­ Special District Administration, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. HTIP:/M'WW2.co .FRESNO.CA.US/0440/DWNPGITMS/9684 773 SNOW REMOVAL SERVICES.DOC -- Quotation No. 968-4762 Page 6 concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. In the event contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best. Inc. rating of A FSC VII or better. Name of Insurance Carrier: £o4/~51r:::;;PH/4:V!, Public Liability: 11IAr/1§'~>~AL-7J' o4Il!t900Z/Jt"4!cxpires: ~ Workman's Compensation: J~/?Z!/t!?J /317 '1% Expires: Proof of maintenance of adequate insurance will be required before award is made to vendor. GUARANTEE: The bidder shall state his written guarantee here: REFERENCES: Provide a list of three (3) client references who are presently using services being quoted. (Name, phone number and contact person.) --FI2&S#tfJ (locJ#?'Y ~g Y6A-TiS ~-t?898 HTIP:/iWWW2.CO.FRESNO.CAUSl0440/DWNPGITMSI968-4762 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 7 BIDDER TO COMPLETE THE FOLLOWING: PARTICIPATION The County of Fresno is a member of the Central Valley Purchasing Group. This group consists of Fresno, Kern, Kings, and Tulare Counties and all governmental, tax supported agencies within these counties. Whenever possible, these and other tax supported agencies co-op (piggyback) on contracts put in place by one of the other agencies. Any agency choosing to avail itself of this opportunity, will make purchases in their own name, make payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the original contract, all the while holding the County of Fresno harmless. If awarded this contract, please indicate whether you would extend the same terms and conditions to all tax supported agencies within this group as you are proposing to extend to Fresno County. D Yes, we will extend contract terms and conditions to all qualified agencies within the Central Valley Purchasing Group and other tax supported agencies. ~' we will n e end contract terms to any agency other than the County of Fresno ( uthorized Signature) ~ Title HTIP:/1WWW2.CO.FRESNO.CA.USl0440IDWNPGITMSI968-4773 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4762 Page 8 Firm: 7)0 U G7 tiaPft/2 CoAl '3f7<?r/wtJ /1// REFERENCE LIST Provide a list of at least five (5) customers for whom you have recently provided similar services (preferably California State or local governmenl agencies). Be sure to include all Reference Name: Address: requested information. City: F£..&5A/'z:; State: C44 Zip: ~?7ok-- Phone No.: ( ) 456-/1/(;) Date: 1907 7iJ ;O~~,vr Service Provided: ~ 4) I2G--a:rd c../,,¢£--f/d7'2-/J C/ 5" rz?~ <''''R;f~7;~;;N;~;~-W~&:,~p',o/:&$2?~~X~~t~Y,,"'C7?Z~~/$'''0fA7'ff'7.LaY Address: 5'7/5'"5' ~$~ City: Bt4/tt/EJ/? -<-1~ State: CA-Zip: 93U-~ Phone No.: ( ) 817-84"3/ Date: /';(8'7 70 ,P£$13~~~ Se rvice Provided: $do c,J 'R.E:/:?/.J c:/;1e::.--­ Failure to provide a Jist of at least five (5j customers may be cause for rejection . of this RFQ. HTTP://WWW2.CO.FRESNO.CA.US/0440/DWNPGITMS/968-4762 SNOW REMOVAL SERVICE'S nor Quotation No. 968-4773 Page 9 SCOPE OF WORK SNOW REMOVAL SERVICE AREAS: The County of Fresno Purchasing on behalf of the Department of Public Works and Planning, Resources Division is requesting quotations from qualified snow removal contractors for snow removal services. Below is a list of the snow removal service areas for which individual quotes will be received. Snow Removal Service Area Miles 1. CSA NO.1 -Tamarack Estates Internal Roads 0.663 Access way to wastewater treatment plant 12' wide by 100' long (part of CSA No.1) 0.19 2. CSA No. 35 AS (Dogwood) 6.45 Solitude Lane to Shaver Lake WWTP (Part of CSA No. 35 AS service) 0.50 3. Bretz Road from Highway 168 to Slick Rock Lane 1.25 4. CSA No. 35, Zone 0 (Granite Ridge), Internal Roads, Phase I through Phase VIII 2.813 5. CSA No. 35, Zone AT, Bretz Mountain Village), Internal Roads 1.196 6. CSA No. 35, Zone CD, (Timber Ridge), Internal Roads 0.7087 7. CSA No. 35, Zone AG, (Wildflower Village) Internal Roads, Phases I through V 3.250 8. CSA Nc. 35, Zone V, (Musick Falls), Internal Roads 0.998 9. CSA No. 35, Zone AK (Woody Lane), Internal Roads 0.174 Exhibit A-1 is an area wide map showing the snow removal areas within the Shaver Lake Community. Exhibits A-2 through A-7 show areas and roadways needing snow removal services. Exhibit B provides a list of road names and lengths. Bids may be submitted for one or more areas. Bidders are encouraged to bid on service areas in which they can provide the best response time and efficiencies. However, the County may not obtain service contracts for all of the areas listed above. SNOW SEASON: The snow season is defined as when the first snowfall occurs, or November 1, which ever occurs first until the last snowfall, or May 31, whichever occurs last. SCOPE OF WORK I DUTIES AND RESPONSIBILITIES: Snow removal shall be done in a manner to preserve and protect the roads, to the extent necessary, to insure safe and efficient transportation. The work shall be performed in a professional, workmanlike manner, and shall use those methods and equipment consistent with the best practices of the trade. The Contractor's responsibilities and duties are detailed below. A. Prior to the first snow fall: 1 Provide County staff with current certificates of insurance for all categories of required coverage. 2 Conduct an inspection of the subject roadways accompanied by County Staff and Citizen's Advisory Council member to accomplish the following: HTTP://WWW2.CO.FRESNO.CA.US/0440/DWNPGITMSl9684773 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 10 a Document in writing and in electronic digital photographs the location and extent of any previous damage to roadway pavement, curbs, gutters driveway approaches, drainage and sewer collection facilities. The documentation shall be transmitted to the County Representative in a timely manner and will be retained as a benchmark for evaluating future damage. b Determine where snow poles are needed to be placed. Particular attention should be given to areas susceptible to damage during snow removal operations such as curves in the roadway or cul-de-sacs. The Contractor can obtain snow poles from the County Special Districts staff. They should be placed close to roadside curbing and close enough to each other to guide the snow removal equipment operator away from causing damage to curbs and other obstacles. 3 Contact the Permit Engineer in the Road Maintenance and Operations Division of the County Department of Public Works and Planning and obtain an encroachment permit for snow removal for all eligible roadways. Payment of encroachment permit fees is the responsibility of the Contractor. If encroachment permits are not obtained in a timely manner, this may cause the County to delay payments to the Contractor for snow removal services or termination of the Agreement. B. During the snow fall period: Have necessary equipment in working and well maintained condition; have materials such as sand on hand, and labor mobilized and available twenty-four (24) hours a day, seven (7) days a week to perform snow removal and related services for the subject roadways. 2 Perform snow removal operations on subject roadways so that snow does not accumulate to more than three (3) inches in anyone place. a The roadway shall be cleared of snow so that two (2) traffic lanes are open at all times or to within two feet of curbs or edge of roadway pavement. b Make every reasonable effort to avoid piling or pushing snow up on driveway approaches or access ways. c Remove snow that accumulates and packs during a storm as soon as weather conditions permit, eliminating potholes and rutting. d Maintain and keep clear of snow allover-board drains provided on the subject roadways. e Remove snow from fire hydrants in order to keep them all accessible and maintainable. f Apply sand to road areas that are slippery or subject to icing or at the request of County staff. 3 Take responsibility for any damages to public and private property resulting from snow removal and ancillary services. If the contractor damages County owned property or property that the County is responsible for maintaining, the County shall have the discretion of determining if the contractor should repair the damages or should provide for the cost of repair. HTIP:/1WWW2.CO.FRESNO.CA.USI0440IDWNPGITMSI968-4773 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 11 4 Remove at no further increased compensation the accumulation or build-up of snow or ice as a result of neglect. The County shall not be responsible for any damage or injury to equipment or persons resulting from the removal of said accumulation or ice. 5 Respond in writing to the County in regards to complaints made by the CSA's residents. 6 The County will try to document reports of insufficient services by requesting complainants provide digital photo images with time stamps. If the County receives a complaint or is notified of insufficient service for the first time after a snow storm, the Contractor shall investigate and provide a written response to the circumstances. a If the County receives a complaint or is notified a second time for the same or similar insufficient service for a succeeding snow storm and is not satisfied with the written explanation provided by the Contractor, the County may request a meeting with the Contractor to discuss any improvements in operation the Contractor can provide. b If the County receives a complaint or is notified a third time for the same or a similar insufficient service for a succeeding snow storm and the County Representative is not satisfied with the Contractor's written response, the County may assess liquidated damages of up to ten (10) percent of the monthly's compensation. Continued complaints of the same nature may cause termination of the Agreement. 7 Add and/or replace snow poles if taken out during the season. C. After the last snow of the season or May 1, whichever comes later: 1 Provide street sweepings on all subject roadways impacted by snow removal services; preferably prior to the Memorial Day weekend unless prohibited by unseasonable snows. The purpose of street sweeping will be to remove excess sand and debris and whatever has been deposited due to snow removal. 2 Repair all surfaces, curbs, bent snow poles and signs and other facilities that were damaged by snow removal. County may withhold final payment until repairs are made. GENERAL PROVISIONS: No allowance will be made for travel time to and from the service area. The County Purchasing Manager reserves the right to choose the bid price method that best suits the financial needs of the County Service Area and evaluate the equipment, manpower availability and experience, distance from equipment storage yard to service area, and snow removal commitments and work load. COMPENSATION: (All areas except CSA No.1 -Tamarack Estates) Compensation shall be based on the selected bidder's "lump sum" price quotation for the entire snow season to fulfill all the responsibilities and conduct all duties specified in "Scope of Work / Responsibilities and Duties" for an Average Season. The Average Season has been established by taking the precipitation amounts at the Shaver Lake Regional Facility for the months of November, December, January, February, March and April for the last ten years and deriving the average of 38.3 inches (Exhibit C). Eighty percent (80%) of the quoted amount will be paid in equal monthly installments for the first five months of the snow season. HTTP://WWW2.CO.FRESNO.CA.USl0440/DWNPGITMS/968-4773 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 12 At the end of the snow season, the amount of precipitation received for the months of November through the end of April will be tabulated. If that amount is greater than the eighty percent (80%) of the ten year average (30.6"), an adjusted payment will be made based on the inches above 30.6 at the unit price. Below is an example of how compensation will be determined for all service areas. Quotation for an avg. year 80 % of Quote Monthly installment for five mos. 10 yr. Avg. Snow Season Precipitation Unit Cost per inch Actual Precipitation During Snow Season Adjustment Payment 11.4 inches x unit rate $40,000 $32,000 $6,400 38.3 $1,044.39 42 $11,906.05 Quotation for an avg. year 80 % of Quote Monthly installment for five mos. 10 yr. Avg. Snow Season Precipitation Unit Cost per inch Actual Precipitation During Snow Season Adjustment Payment 1.4 inches x unit rate $40,000 $32,000 $6,400 38.3 $1,044.39 32 $1,462.15 Quotation for an avg. year 80 % of Quote Monthly installment for five mos. 10 yr. Avg. Snow Season Precipitation Unit Cost per inch Actual Precipitation During Snow Season Adjustment Payment $40,000 $32,000 $6,400 38.3 $1,044.39 29 $0 If measuring equipment at Shaver Lake Regional Facility is damaged or unable to produce reliable data, precipitation amounts published by California Department of Water Resources will be used to calculate reimbursement amounts. COMPENSATION: CSA No.1 -Tamarack Estates: Compensation at CSA NO.1 ­ Tamarack Estates shall be a flat rate for the entire snow season paid in six (6) equal monthly installments from November through April. EQUIPMENT: The attached "Equipment Inventory" sheet must be completed and submitted with bids. Contractors shall provide on the Equipment Inventory the type of equipment, make, model, year and description. The contractor must possess the equipment listed at the time of bid opening and it must be in operating condition. Equipment capabilities will be a factor in evaluating bids. The contractor shall identify the response time to reach the subdivision from the location equipment is stored. All equipment must be well maintained and kept in good running condition. The County may verify and inspect equipment prior to award of contracts. HTIP:lMWW2.CO.FRESNO.CA.US/0440/DWNPGITMSI968-4773 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 13 MANPOWER AVAILABILITY AND SNOW REMOVAL EXPERIENCE: The Bidders must also complete and submit the Man Power Availability and Experience Questionnaire indicating the manpower available to operate the equipment. The drivers of the equipment shall have the proper and valid licenses to operate the equipment. The experience level of bidders will be a consideration of selection. LIST OF OTHER SNOW REMOVAL CONTRACTS OR SERVICES TO OTHER PARTIES: Bidders shall provide information on other snow removal contracts or services to other parties. This will be used to gauge the existing or planned work commitments and work load of the bidder. PREPARATION PRIOR TO BID SUBMITTALS: Bidders are encouraged to field check the snow removal areas and may submit questions to Craig Nickel, Buyer III, 4525 E. Hamilton Ave., Fresno, CA 93702, phone (559) 456-7110, fax (559) 456-7831, email: cnickel@co.fresno.ca.us. BID SHEET: The bidder shall state a quotation for the entire snow season to fulfill all the responsibilities and conduct all duties specified in "Scope of Work / Responsibilities and Duties" for an Average Season based on the ten year average (38.3") provided in Exhibit C. Eighty percent (80%) of the quoted amount will be paid in equal monthly installments for the first five months of the snow season. At the end of the snow season, the amount of precipitation received for the months of November through the end of April will be tabulated. If that amqunt is greater than the eighty percent (80%) of the ten year average (30.6"), an adjusted payment will be made based on the inches above 30.6 at the unit price. The County is also requesting an hourly rate quotation for snow removal services in each district. This will be utilized for unanticipated or extra services pre-authorized by the County. EXAMINATION OF WORK SITE: Each bidder shall have examined the site of work before bidding and shall be responsible for having acquired full knowledge of the job and of all problems affecting it. No variations or allowance from the contract sum shall be made because of lack of such examination. HTIP:/1WWW2.CO.FRESNO.CA.USI0440/DWNPGITMS/968-4n3 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4773 Page 14 Company Name:DOUfi "E...RPE.J2 Co iJS,R.cX.A-:JC).N QUOTATION SCHEDULE The bidder shall state a quotation for the entire snow season to fulfill all the responsibilities and conduct all duties specified in "Scope of Work / Responsibilities and Duties" for an Average Season based on the ten year average (38.3") provided in Exhibit C. Eighty percent (80%) of the quoted amount will be paid in equal monthly installments for the first five months of the snow season. At the end of the snow season, the amount of precipitation received for the months of November through the end of April will be tabulated. If that amount is greater than the eighty percent (80%) of the ten year average (30.6"), an adjusted payment will be made based on the inches above 30.6 at the unit price. PLEASE NOTE: Quotation for CSA NO.1 -Tamarack Estates is exempted from this compensation formula. The bidder shall state a flat fee quotation for the entire snow season to fulfill all of the responsibilities in "Scope of Work / Responsibilities and Duties" for service to CSA NO.1. The County is also requesting an hourly rate quotation for snow removal services in each district. This will be utilized for unanticipated or extra services pre-authorized by the County. Snow Removal Service Area Quotation for an average year Hourly rate for snow removal CSA No. 35 AS (Dogwood) $ 3~660 $ 31~OO $ 50/10 $ ~51<900 $ 9.. 36(1) $ 9 J 9bo $ 52,000 $ 18)~o $ 3 1 C!J6)E) $ \75 $ \,5 $ \75 $ LtS $ l75 $ t75 $ 175 $ /75 $ 175 Solitude Lane to Shaver Lake Wastewater Treatment Facilities (part of CSA 35 AS Service) Bretz Road from Highway 168 to Slick Rock Lane CSA No. 35, Zone 0 (Granite Ridge) CSA No. 35, Zone AT, Bretz Mountain Village) CSA No. 35, Zone CD, (Timber Ridge) CSA No. 35, Zone AG, (Wildflower Village) CSA No. 35, Zone V, (Musick Falls) CSA No. 35, Zone AK (Woody Lane) Snow Removal Service Area Flat fee quotation for entire snow season Hourly rate for snow removal CSA NO.1 Tamarack Estates $ $ -­ CSA NO.1 Access Way to Wastewater Treatment Plant 12' wide by 100' long (part of CSA 1 Service) $ $ HTIP:JtWWW2.CO.FRESNO.CA.US/044O/DWNPGITMS/968-4773 SNOW REMOVAL SERVICES.DOC ---------- ---------- Quotation No. 968-4762 Page 15 Company Name: ~DU~ ~£.RfE..R Cbi:J.sr1!rX:770d BIDDER TO COMPLETE EQUIPMENT INVENTORY /' JOHN DEERE 6728 6WD ARTICULATED GRADER AUSTIN WF~TI=DIIJ DA~I=R ~O() 4WD GRADER (2) EA BLANCHET LOADER MOUNT ROTARY SNOW BLOWER SNO-GO DIESEL POWERED ROTARY SNOW BLOWER JOHN DEERE 644G 4YD 4X4 LOADER WITH QUICK COUPLER JOHN DEER E 624E 3YD" " ,," " JOHN DEERE 544H 3 YO" " "" " JOHN DEERE 544E 2 % " " " " " JOHN DEERE 7100 4X4 LOADER/HOE 1 3/4 YD JOHN DEERE 310SG "" 1 %YD (2) JD 310SE "" " JOHN DEERE 210LE 4X4LOADER 1 YO (2) INTL. PAYSTAR 5000 4X4 PLOW TRUCK WITH SANDERS (DIESEL) Ford F-350 4X4 with Plow INTL.A.o"IQ4l<-4 P-LOW-T-RIJ-GKWffH -5A-NEtER----------­ 7 &10 CUSIC YARD SNOW.BASKETS FOR LOADERS REVERSABLE LOADER MOUNT PLOWS FOR LOADERS WiTH COUPLERS MOTOROLA LOW-BAND RADIOS IN ALL EQUIPMENT INDOOR HEATED SHOP FACILITIES, SPARE PARTS, CHAINS & FULL TIME MECHANIC COVERED SAND .STORAGE MANPOWER SlX' FULL TiME EMPLOYEES AND ~ PART TIME EMPLOYEES ALL WITH SNOW REMOVAL EXPERIENCE IN THE SHAVER LAKE AREA HTTP://WWW2.CO.FRESNO.CA.USI0440IDWNPGITMSB6S-4762 SNOW REMOVAL SERVICES.DOC Quotation No. 968-4762 Page 16 DISTANCE FROM EQUIPMENT STORAGE YARD TO SERVICE AREA Bidders shall provide the distance (down to tenths of a mile) from where equipment is stored to the service area. DistanceDistrict Location of Equipment -1. CSA No.1, Tamarack Estates - ~?2 CSA No. 35 AS, Dogwood Tracts SHAVel< ~€-YARvs I( rr t( rl3. Bretz Road from Hiqhway 168 If f( ~3r4. CSA No. 35, Zone 0, Granite Ridge rf If 'I .. 85. CSA No. 35, Zone AT, Bretz Mt. VillaQe (r ({ .~6. CSA No. 35, Zone CD, Timber Ridqe " f{ ItIt I.r;;7. CSA No. 35, Zone AG. Wildflower Village ;r II-/! ~38. CSA No. 35, Zone V, Musick Falls It/If( ,b9. CSA No. 35 AK, Woody Lane LIST OF OTHER SNOW REMOVAL CONTRACTS OR SERVICES TO OTHER PARTIES Service Area Current Obligation or Planninq to Bid Time Period of Obligation Total Miles I Distance of Services Provided 1<fl)~~ 77J f> ~Mbf/f J­y~R /,-7D /.t TT1-£;€.,r'X6 E II 'I t; .. 3~ ~jJu.I2(V6e ? /. &,. C> /J1AJ~~5wn ~rr if 'II .~o HTIP:/iWWW2.CO.FRESNO.CA.USI0440/DWNPGITMSI9684762 SNOW REMOVAL SERVICES.DOC