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HomeMy WebLinkAboutP-25-215 American Pavement Systems Inc.pdf A .. r > c0 County of Fresno GENERAL SERVICES DEPARTMENT Facilities-Fleet-Purchasing-Security O 183 0 ' PROCUREMENT AGREEMENT Agreement Number P-25-215 June 6,2025 American Pavement Systems, Inc. 1012 111h Street Modesto CA 95354 The County of Fresno(County)hereby contracts with American Pavement Systems, Inc.(Contractor)for Slurry Seal Application in CSA 35M in accordance with the text of this agreement and Attachment"A". TERM: This Agreement shall become effective upon execution and shall remain in effect through June 5, 2026, 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 Public Works and Planning under this contract. PRICES: Prices shall be firm for the contract period. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of Forty-Four Thousand Eight Hundred dollars ($44,800.00). 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, 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 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 shall be sent 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. Purchasing Services/333 W Pontiac Way/Clovis, California 93612/(559)600-7110 .The County of Fresno is an Equal Employment Opportunity Employer' I PROCUREMENT AGREEMENT NUMBER: P-25-215 Page 2 American Pavement Systems,Inc. June 6,2025 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(including attorney's fees and costs),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,and from any and all costs and expenses(including attorney's fees and costs),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. 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)per occurrence and an annual aggregate of Four Million Dollars ($4,000,000).This policy must be issued on a per occurrence basis. Coverage must include products, completed operations,property damage, bodily injury, personal injury, and advertising injury. The Contractor shall obtain an endorsement to this policy naming the County of Fresno, its officers, agents, employees,and volunteers, individually and collectively,as additional insureds, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insureds will apply as primary insurance and any other insurance,or self-insurance, maintained by the County is excess only and not contributing with insurance provided under the Contractor's policy. B. Automobile Liability: Automobile liability insurance with limits of not less than One Million Dollars ($1,000,000)per occurrence for bodily injury and for property damages. Coverage must include any auto used in connection with this Agreement. C. Professional Liability: Professional liability insurance with limits of not less than One Million Dollars ($1,000,000)per occurrence and an annual aggregate of Three Million Dollars($3,000,000). If this is a claims-made policy,then(1)the retroactive date must be prior to the date on which services began under this Agreement; (2)the Contractor shall maintain the policy and provide to the County annual evidence of insurance for not less than five years after completion of services under this Agreement;and (3)if the policy is canceled or not renewed, and not replaced with another claims-made policy with a retroactive date prior to the date on which services begin under this Agreement,then the Contractor shall purchase extended reporting coverage on its claims-made policy for a minimum of five years after completion of services under this Agreement. D. Worker's Compensation: Workers compensation insurance as required by the laws of the State of California with statutory limits. Additional Requirements Relating to Insurance: P-25-215 American Pavement Systems Inc i PROCUREMENT AGREEMENT NUMBER: P-25-215 Page 3 American Pavement Systems,Inc. June 6,2025 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, Public Works Resources Division,2220 Tulare St.6"'Floor,Fresno, CA 93721, 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. Certificates of Insurance are to include the contract number at the top of the first page. 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. P-25-215 American Pavement Systems Inc PROCUREMENT AGREEMENT NUMBER: P-25-215 Page 4 American Pavement Systems,Inc. June 6, 2026 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. ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An"electronic signature"means any symbol or process intended by an individual signing this Agreement to represent their signature,including but not limited to(1)a digital signature; (2)a faxed version of an original handwritten signature; or(3) an electronically scanned and transmitted(for example by PDF document)of a handwritten signature. B. Each electronic signature affixed or attached to.this Agreement(1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding,and(2)has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act(Civil Code, Division 3, Part 2,Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs(1)through(5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or USPS. Please refer any inquiries in this matter to Heather Stevens,Purchasing Analyst, at 559-600-7110 or heastevens(dfresnocountyca.qov. FOR THE COUNTY OF FRESNO liglckbur Riley Blackburn Datle:tally 2025.06.10signedY15:42:Riley45a0700n Riley Blackburn Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 P-25-215 American Pavement Systems Inc PROCUREMENT AGREEMENT NUMBER: P-25-215 Page 5 American Pavement Systems, Inc. June 6,2025 CONTRACTOR TO COMPLETE: Company: American Pavement Systems Inc. Type of Entity: Q Individual El Limited Liability Company [� Sole Proprietorship EI Limited Liability Partnership Corporation EI General Partnership 1012 11 th Street Ste 1000 Modesto Ca 95354 Address City State Zip 209-522-2277 zgeiszler@americanpavementsystems.com TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS r PfIV� Print Name& MIKE MARCHINI �a✓� VICE PRESIDENT V II`Ce- Pr Title: Print Name&Title: r Signature: ^ na ure: r ACCOUNTING USE ONLY ORG No.: 9236 Account No.: 7295 Requisition No.: 2362500001 (7/2024) P-25-215 American Pavement Systems Inc PROCUREMENT AGREEMENT NUMBER: P-25-215 Attachment Page 1 of 2 American Pavement Systems, Inc. June 6,2025 A TTACHMENT'A" Scope of Work: CSA 35M—Slurry Seal Application: • Apply Type 11 slurry seal to 0.67 miles of road within CSA 35M. • Roads included: Aman Avenue, Deep Avenue, and Punjab Ave. • The slurry seal shall conform to Section 37 of the Caltrans standard specifications. Cost: Description Quantity Unit Unit Cost Total Slurry Seal Type 2 80,000 SF $0.56 $44,800 Notes: • Slurry Seal price is contingent upon the ability to fully close the streets in the same day to complete the work. If street closures cannot be implemented,the price will be subject to adjustment. • The quoted price is applicable provided that an agreed-upon schedule is established while we are in Fresno performing other work. Between the Dates of 05/07/2025 to 06/18/2025 if work needs to be scheduled outside of these dates an additional mobilization charge will be required. • APS is only Responsible for the Slurry Seal Application, No Striping, Crack Fill Tack Coat ETC. (notes continue on next page) P-25-215 American Pavement Systems Inc PROCUREMENT AGREEMENT NUMBER: P-25-215 Attachment Page 2 of 2 American Pavement Systems,Inc. June 6, 2025 Proposal All: 06-25-SQ-0026 Price Includes: • Placement of emulsified asphalt Slurry Seal,per Cal Trans. • Protection of existing manhole covers,water valve boxes and any other utility covers which can be easily covered in order to prevent slurry from sticking to it. • Quoted cost and invoice will be based on a minimum of the bid items above.Amounts over the bid quanitites will be invoiced at the unit cost quoted. • Traffic control adequate for application of slurry seal until slurry has sufficiently cured to alkra access to traffic- • Pre-Sweeping prior to the application of slurry seal only. • One Slurry Seal mix design that may be project specific or current from other work with the same materials. Price Excludes: The following Items are not included unless APS specifically includes them in the format of our proposal under"Includes." • Any applicable permits or fees,inspection or inspection costs. • Notification of owners or agencies affected by the work. • Traffic plan,Flagging,Traffic signs,PCMS Boards,AtlenuatorTrucklTrailer, Posting No Parking Signs,Barricading,Notifications. • Testing,OA-QC plan 8 Inspection.SWPP Materials/Supplies and/or Placement.SWPC Manager. • Removal of items from work area and I or towing of vehicles from the work area. • Tack coat if required and/or rolling if required. • Adjustment of any utilities,marking of utilities. • Removal or roughening and/or replacement of existing pavement markings and markers, • Pavement markings Temporary or permanent raised Pavement markers,Installation or removal of any type. • Removal of vegetation,sift spots,oil,grease or any other extraneous materials which may affect the adherence of slurry to the existing pavement,Herbicide or weed sterilant. • Flushing of surface with water prior to the application of any materials. • Asphalt repairs,seal coat,striping,crack sealing or cleaning. • Removal d disposal of any refuse,tree limbs,or garbage piles. Tree Trimming. • Cleanup or any type of surface preparation prior to slurry seal. • Other project work items and/or any other work. • Post sweeping and or ravel sweeping. At least one post sweeping Is recommended! Pricing Is listed on Page 1. Conditions: Price Is based on one(1)mobilization. Additional mobilizations available @$22,500 per mobilization,plus any additional materials and/or labor. Work to be performed Monday through Friday during normal working hours of 7.00 a.m.untl 5:00 p.m. Price for split shift,weekend or night work(o be provided upon request. Price is fimn for acceptance within 30 days. Work must be scheduled 45 days in advance to assure crew availability. Application to be completed in one(1)day. APS can provide a Waiver of Subrogation if required.Cost shall be reimbursed by the Contractor. Owner/Prime Contractor to provide a suitable staging area for APS operations to use to stockpile slurry aggregate,park equipment,and provide hydrant type or suitable water source within%mile of work location. P-25-215 American Pavement Systems Inc