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Home My WebLink AboutP-19-435 Agreement Pape Material Handling.pdf coU�� County of Fresno INTERNAL SERVICES DEPARTMENT Facilities•Fleet•Graphics• Purchasing•Security•Technology O� x i�S�0 PROCUREMENT AGREEMENT Agreement Number P-19-435-P October 23, 2019 Pape Material Handling Attn: Chris Tymn 3732 S Bagley Ave. Fresno, CA 93725 The County of Fresno (County) hereby contracts with Pape Material Handling (Contractor)to provide rental of lift and Compactor Equipment in accordance with the text of this agreement and Attachment"A", by this reference made a part hereof. TERM: This Agreement shall become effective July 1, 2019 and shall remain in effect through June 30, 2022. EXTENSION: This Agreement may be extended for two(2)additional one (1)year periods by the mutual written consent of all parties. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment"A" attached, at the rates set forth in Attachment"A". ORDERS: Orders will be placed on an as-needed basis by Facility Services under this contract. PRICES: Prices shall be firm for the contract period.Any pricing changes which may take place during the life of the contract must be submitted in writing to the County of Fresno Purchasing Manager and received no less than thirty(30) days prior to becoming effective. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of Ninety-nine thousand dollars, ($99,000.00). 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. DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. DEFAULT: In case of default by Contractor, and the failure by Contractor to cure such default within 10 days of written notice by County, the County may procure the articles/services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal 333 W. Pontiac Way / Clovis, California 93612 / (559) 600-7110 *The County of Fresno is an Equal Employment Opportunity Employer* PROCUREMENT AGREEMENT NUMBER: P-19-435-P Page 2 Pape Material Handling October 23,2019 means available to the County. 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. INVOICE TERMS: Net forty-five(45)days from the receipt of invoice. TERMINATION: The County reserves the right to terminate this Agreement upon thirty(30)days 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 and to the extent directly caused by 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(including attorney's fees and costs), causes of action, claims or judgments and to the extent directly caused by Contractor's gross negligence or willful misconduct. County agrees to defend, indemnify and hold harmless Contractor, its assigns, the wholesale distributor, or the manufacturer, its affiliated companies, and its and their officers, agents and employees for, from and against all loss, liability, claim, action or expense, including reasonable attorneys'fees, arising out of County's use or possession of the equipment. The foregoing includes, without limitation, property damage and bodily injury, including death, sustained by any person or persons, including, but not limited to, employees of County, arising out of the maintenance, use, possession, operation, erection, dismantling, servicing or transportation of the equipment or County's failure to comply with the terms of this Agreement. COUNTY'S OBLIGATIONS: County must check engine oil, water and fuel daily. County is responsible for all tire maintenance, fuel, missing parts and all damage other than normal wear. Any damage to this equipment resulting from improper care will be charged directly to County. The Agreement shall extend beyond the term at the same terms if County holds the equipment over the specified term of lease. County agrees not to use or allow anyone to use the equipment for any illegal purpose or in any illegal manner. County acknowledges that Contractor has no physical control over the use of the equipment. County agrees at his sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations (including OSHA) which may apply to the use of the equipment during the rental period. County further agrees to pay all licenses, fees, permits or taxes arising from its use of the equipment, including any subsequently determined to be due as a result of an audit. County shall not permit equipment to be operated by any person other than County or County's duly authorized employee, who has experience and training in the safe and proper use and operation of the equipment, and is not under the influence of alcohol, intoxicants, narcotics or drugs. County shall not allow any person to use or operate the equipment when it is in need of G:\PUBLIC\coNTRACrs&EXTRACT'S\P\P-19-435-P PAPE MATERIAL\GoNTRACTS AND AMENDME4TS\P-19-435 AGREEMENT PAPE 94TERIA!_ HANDLING.DOIX PROCUREMENT AGREEMENT NUMBER: P-19-435-P Page 3 Pape Material Handling October 23, 2019 repair or when it is in an unsafe condition or situation; modify, misuse, harm or abuse the equipment; permit any repairs to the equipment without Contractor's written permission; or allow a lien to be placed upon the equipment. County agrees to check filters, oil, fluid levels and air pressure and to clean and visually inspect the equipment at least daily and to discontinue use and immediately notify Contractor when equipment is found to need repair or maintenance. County acknowledges that Contractor has no responsibility to inspect the equipment while it is in County's possession. If the equipment becomes unsafe or requires repair, County shall discontinue using it and notify Contractor immediately. County agrees to return the equipment to Contractor during regular business hours upon "return date" or immediately upon termination or cancellation of this Agreement,whichever occurs first.County agrees to return equipment free of contamination by Hazardous Substances(as defined by state and federal laws)and agrees that the cost of any cleaning and decontamination caused by County's failure to do so will be County's responsibility. County must inform Contractor if the equipment has been in contact with Hazardous Substances. 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 Two Million Dollars($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Col lapse- Underground,fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto 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. Additional Requirements Relating to Insurance: 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. Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker's compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor's waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. 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, Facilities Services Attn: Facilities Manager 4590 E Kings Canyon Rd, Fresno, CA 93702, stating that such insurance coverage have been obtained and are in full force;that the G:\PUBLIC\CONTRACTS&EXTRACTS\P\P-19-435-P PAPE MATERIAL\CONTTRACTS AND AMENDMENTTS\P-19-435 AGREEMENT PAPE MATERIAL R4DLING.D000 PROCUREMENT AGREEMENT NUMBER: P-19-435-P Page 4 Pape Material Handling October 23,2019 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. COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. 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") and (2)Attachment"A". GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. G:\PUBLIC\c0,irRAcrs&Ex RAm\P\P-19-435-P PAPE M4TERIAL\CONTRACTS AND AMENDMEMS\P-19-435 AGREEMENT PAPE M4TERIAL FWOLING.DOCX PROCUREMENT AGREEMENT NUMBER: P-19-435-P Page 5 Pape Material Handling October 23, 2019 Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or USPS, retaining a copy for your files. Please refer any inquiries in this matter to Debbie Scharnick, Purchasing Technician Il, at(559)600-7110 or dscharnickafresnocountyca.gov. FOR THE COUNTY OF FRESNO rY1 Digitally signed by Gary E.Co nuelle Gary E. COI nueIIe ON:al=g aryE @freslle,o,ty email=gcomueileQfresnocounlyca.gov,c=US Date.2019.10.23 15:00:35.07'00' Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:DS G:\PI1BLIC\CONTRACTS&E)0RACTS\P\P-19-435-P PAPE MATERIAL\CONTRACrS AND AMENDMENTS\P-19-435 AGREEMENT PAPE MATERIAL FMDLING.D000 P R C,'-,U R ON`,r-N 7 A G R E E"Vi E N' N L'I P,Ai 3 P, N T R A CIr 0,'R TO C 0 hA P i,ot "45 -L-549 A C C C)LIN N G'U SE,0 N't Y C3i PROCUREMENT AGREEMENT NUMBER: P-19-435-P Attachment Page 1 of 1 Pape Material Handling October 23, 2019 ATTACHMENT 'A" Equipment Day Week 4 Weeks Bobcat Mini Excavator(35G) 7,000# 225 895 1695 Bobcat Mini Excavator(50G) 10,000# 245 1095 2195 Bobcat Mini Excavator(60G)13,000# 295 1295 2395 Bobcat Mini Excavator(85G) 19,000# 375 1595 2995 Auger Attachment(Mini Excavator) 95 225 S95 Breaker Attachment(Mini Excavator) 200 42S 895 1D Track Loader(JD 317) 225 895 1850 JD Track Loader(331) 325 995 2195 Breaker Attachment(Skidsteer) 185 375 750 Auger Attachment(Skidsteer) 30 90 330 Fork Attachment(Skidsteer) 25 75 125 Auger Bits(18"-24") 20 40 80 Auger Extension 4' 25 45 85 185 cfm Compressor 80 350 795 60#Hammer 40 160 480 47"Roller(Double Drum Smooth) 200 795 1500 Skip Loader(John Deere 210) 225 795 1995 Backhoe(John Deere 310) 245 950 2395 Compactor(Rammer/Jumping Jack,Vibratory Plate) 65 265 595 Water Trailer(500 Gallon) 70 240 500 19'Electric Scissor Lift (GS 1930) 90 235 375 26'Electric Scissor Lift (GS 2646,2632) 110 325 595 32'Electric Scissor Lift (GS 3246) 130 395 850 30'Electric Articulating Boom Lift 220 585 1395 40'-45'Electric Articulating Boom Lift 235 625 1450 40'-45'Diesel Straight Boom Lift 255 650 1495 60'-66'Diesel Straight Boom Lift 345 945 2395 G:\PLIBLIC\CONTRACTS&DCTRACTS\P\P-19-435-P PAPE M4TERIAL\CONTRACTS AND AMENDMENTS\P-19-435 AGREEMENT PAPE MATERIAL RANDLING.D000