HomeMy WebLinkAbout3245015-1388 Agreement No. 15-551 1
1 AGREEMENT
2 THIS AGREEMENT is dated ()'} J.]'fb, 2015, and is between the County of
3 Fresno, a political subdivision of the State of California ("COUNTY"), and Doug Koerper,
4 sole proprietor of Doug Koerper Construction, P.O. Box 484 Shaver Lake, CA 93664
5 ("CONTRACTOR").
6 RECITALS
7 WHEREAS, the COUNTY wishes to contract for snow removal services on roads
8 in County Service Area No. 35, zones AS, AT, Solitude Lane to Shaver Lake
9 Wastewater Treatment Plant, and Bretz Road from State Highway 168 to Slick Rock
10 Lane (collectively, "Service Area"); and
11 WHEREAS, the COUNTY has issued Request for Quotation (RFQ) No. 968-
12 5366, and addenda, a copy of which is attached to this agreement as exhibit A, for sno
13 removal service for nine snow removal service areas, including the Service Area, and
14 WHEREAS, the CONTRACTOR is willing and able, and submitted the low bid, a
15 copy of which is attached to this agreement as exhibit B, to provide snow removal
16 services for the Service Area.
17 The parties therefore agree as follows:
18 1. CONTRACTING OF CONTRACTOR
19 A. The COUNTY hereby contracts with the CONTRACTOR as an
20 independent contractor to provide services under this agreement.
21 B. Subject to section 15 of this agreement, the CONTRACTOR may retain
22 subcontractors as CONTRACTOR requires to assist in providing services under this
23 agreement. Compensation to be paid by the COUNTY to CONTRACTOR under this
24 agreement will not be increased if CONTRACTOR retains any subcontractors. The
25 COUNTY has no obligation to compensate any subcontractors retained by
26 CONTRACTOR to assist in providing services under this agreement.
27 C. The CONTRACTOR shall provide all services under this agreement as
28 expeditiously as is consistent with the professional skill and the orderly progress of the
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work.
The contact person for the CONTRACTOR shall be:
Name: Doug Koerper, Owner
Phone: (559) 841-3747
FAX: (559) 841-2424
E-mail:dougkoerper@yahoo.com
2. CONTRACTOR’S OBLIGATIONS
The CONTRACTOR shall have the following SCOPE OF WORK /
DUTIES AND RESPONSIBILITIES : CONTRACTOR shall provide snow removal
services in the Service Area. Snow removal at all times 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 CONTRACTOR shall use those methods and equipment consistent with the best
practices of the snow removal trade. Snow removal services are divided into two
periods: The “November through April Snow Removal Period ” begins at 12:00 AM on
November 1, and lasts through 12:00 PM on the following April 30. The “Out-of-
Season Snow Removal Period” is begins at 12:00 PM on April 30 and last through
12:00 AM on the following November 1 . The CONTRACTOR’s responsibilities and
duties are detailed below.
A. The CONTRACTOR’s responsibilities and duties for the November
through April Snow Removal Period are as follows.
1. Before November 1, the CONTRACTOR shall:
a. Provide COUNTY staff with current certificates of insurance
for all categories of required coverage.
b. Conduct an inspection of the roadways in the Service Area,
while accompanied by the COUNTY Representative (as defined below), and one or
more Citizens Advisory Council member s for the relevant zone of County Service Area
No. 35 within the Service Area, to accomplish all of the following:
(i) Document in writing and in digital photographs the
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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 promptly and will be retained by
the COUNTY as a benchmark for evaluating future damage.
(ii) Determine where snow poles are needed to be
placed. The CONTRACTOR shall give p articular attention to areas susceptible to
damage during the performance of snow removal services, such as curves in the
roadway or cul-de-sacs. The CONTRACTOR can obtain snow poles from the
COUNTY’s Special Districts staff by written request (which may include by email).
Snow poles 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.
c. 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.
CONTRACTOR is solely responsible to pay encroachment permit fees. If
CONTRACTOR fails to obtain encroachment permits COUNTY may terminate this
agreement.
2. During the November through April Snow Removal P eriod, the
CONTRACTOR shall:
a. Have all necessary equipment in working and well -
maintained condition, have all necessary materials (such as sand) on hand, and have
all necessary labor available 24 hours a day, seven days a week , to perform snow
removal services in the Service Area.
b. Perform snow removal operations in the Service Area such
that snow does not accumulate to more than three (3) inches in any one place
including during storms. The CONTRACTOR must commit the necessary
equipment and manpower to reach the above referenced standard, no matter what
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other snow removal commitments it has, and no matter the length of roadways or the
amount of snow. The COUNTY Representative may allow CONTRACTOR to deviate
from the above referenced standard in extreme or abnormal situations.
c. The roadways in the Service Area shall be cleared of snow
(i) so that two (2) traffic lanes are open at all times, or (ii) if a roadway is not wide
enough for two traffic lanes, to within two (2) feet of curbs or edge of roadway
pavement.
d. Make every reasonable effort to avoid piling or pushing
snow up on driveway approaches or access ways.
e. To limit potholing and rutting of the roads, the Contractor
will remove snow that accumulates and packs during a storm as soon as weather
conditions permit, even if the accumulation is less than three inches .
f. Maintain and keep clear of snow all over -board drains
provided on the subject roadways.
g. Remove snow from fire hydrants sufficient to keep them all
accessible and maintainable.
h. Apply sand to road areas that are slippery or subject to
icing, or at the request of the COUNTY Representative.
i. Be responsible, and indemnify the COUNTY, for all
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 Representative shall
determine, and notify the CONTRACTOR in writing, whether the CONTRACTOR is
directly responsible to repair the damages or shall pay the COUNTY for the actual
cost of repair within 15 days after written notice .
j. Without additional compensation, remove snow or ice that
accumulated because CONTRACTOR failed to ensure that snow did not accumulate.
The COUNTY is not responsible for any damage or injury to equipment or persons
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resulting from the removal of accumulated snow or ice.
k. Respond in writing to the COUNTY Representative about
complaints m ade by residents in the Service Area.
l. If there are complaints of insufficient services by the
CONTRACTOR, the COUNTY Representative will ask complainants to provide digital
photo images with time stamps. If the COUNTY Representative receives a first
complaint of insufficient service, the CONTRACTOR shall investigate and provide a
written response to the COUNTY regarding the circumstances.
m. If the COUNTY Representative receives a second
complaint about the same insufficient service, or about similar insufficient service after
a later snow storm and is not satisfied with the written explanation provided by the
CONTRACTOR, the COUNTY Representative may request a meeting with the
CONTRACTOR to discuss any improvements in operation the CONTRACTOR can
provide.
n. If the COUNTY Representative receives a third complaint
about the same insufficient service, or about similar insufficient service after a later
snow storm and is not satisfied with the CONTRACTOR’s written response, the
COUNTY Representative may assess liquidated damages of up to ten percent (10%)
of the monthly’s compensation. Further complaints about the same insufficient
service, or about similar insufficient service, are cause for the COUNTY to terminate
this agreement .
o. Replace all snow poles damaged or removed during the
season.
3. After the November through April Snow Removal Period , the
CONTRACTOR shall:
a. Provide street sweepings on all roadways in the Service
Area that received by snow removal services , preferably before the Memorial Day
weekend, unless prohibited by unseasonable snows. The purpose of street sweeping
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is to remove excess sand and debris and whatever has been deposited in roadways
due to snow removal.
b. Repair all surfaces, curbs, bent snow poles and signs , and
other facilities that were damaged by snow removal. The COUNTY Representative
may withhold payment under this agreement until repairs are made.
B. For the Out-of-Season Snow Removal Period: If snowstorm episodes
occur during the Out-of-Season Snow Removal Period, the COUNTY Representative
may give verbal authorization to the CONTRACTOR to remove snow from an area
within the Service Area . The COUNTY Representative may determine the level of
service, type of equipment, and manpower levels that may or may not match the level
of service provided in the November through April Snow Removal Period. Unless
there are extraordinary conditions that imminently jeopardize the health and safety of
residents, or will result in damage to vital equipment or property , the CONTRACTOR
shall not provide snow removal services until the COUNTY Representative provides
verbal authorization. If extraordinary conditions occur, the CONTRACTOR shall
inform the COUNTY Representative in writing of the reason for initiating snow removal
without verbal authorization .
3. COUNTY’S OBLIGATIONS
A. COUNTY shall compensate the CONTRACTOR as provided in this
agreement.
B. The COUNTY Representative is the COUNTY Director of Public Works
and Planning or his or her designee. The CONTRACTOR shall communicate and
coordinate with the COUNTY Representative, who will provide the following services:
1. Examine documents and written notices submitted to the COUNTY
by the CONTRACTOR and timely render decisions as needed; and
2. Provide communication between the CONTRACTOR and COUNTY
officials and staff.
C. COUNTY Representative shall consider all matters submitted by the
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CONTRACTOR for approval in a manner reasonably calculated to avoid substantial
delays in the CONTRACTOR’s provision of services under this agreement.
4. COMPENSATION:
A. November through April Snow Removal Period: The CONTRACTOR’s
compensation for the November through April Snow Removal Period is derived from
the “Quotation for an average year” amount provided in the CONTRACTOR’s
response to RFQ No. 968 -5366. The CONTRACTOR is guaranteed a minimum of
seventy percent (70%) of that amount, which will be paid in equal monthly installments
for the first five months from November. The CONTRACTOR may receive additional
compensation only as provided in this agreement.
1. For all purposes of this agreement, the amount of precipitation is
established by taking the precipitation (rain and snowmelt) amounts at the Granite
Ridge Pump Station for the period between November 1 and April 30 , as stated in
section 4.A.2., below. For purposes of this agreement, the ten-year average
precipitation is defined as the total amount of precipitation over the 10 year period
immediately preceding the year in which the average is determined, divided by 10.
2. The electronic measuring equipment at the Granite Ridge Pump
Station is linked to the website http://www.wunderground.com/personal -weather-
station/dashboard?ID=KCASHAVE11#history . This electronic measuring equipment
has a battery backup in the event of power failure, but if this equipment is damaged or
fails to function correctly, measurement data taken manually on a daily basis by
COUNTY staff at the same location will be substituted during the period of equipment
failure. If the electronic measuring equipment fails, and manual measurements are
not obtainable, then measurements from measuring equipment located at the Shaver
Lake Regional Facility will be substituted during that period. If there is an equipment
failure, the Special Districts staff have sole discretion to determine when manual
measurements, or measurements from the Shaver Lake Regional Facility , will be
used. The California Department of Water Resources (DWR) announcement of “Final
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Snow Survey Results” and data available from stations in the southern Sierra from
other agencies will not be used as a backup if there is equipment failure at the Shaver
Lake Regional Facility or Granite Ridge Pump Station .
3. After April 30, the amount of prec ipitation for the immediately
preceding snow season from November to April will be tabulated by the COUNTY. If
the total amount of precipitation for that period is greater than 70 percent of the ten-
year average of precipitation, the CONTRACTOR will receive additional compensation
calculated as the number of inches by which the amount of precipitation exceeds 70
percent of the ten-year average of precipitation multiplied by the unit price per inch. In
any case, the compensation paid to CONTRACTOR for each November through April
Snow Removal Period shall not exceed 150 percent of the compensation amounts for
an average year as stated below. If the total amount of precipitation for the
immediately preceding snow season from November to April is less than or equal to
70 percent of the ten -year average of precipitation , the CONTRACTOR will not receive
any compensation in addition to the guaranteed minimum .
4. Below are the compensation amounts for an average year, for 70
percent of an average year (the guaranteed minimum compensation), for the monthly
payment for five months to reach the guaranteed minimum compensation , and the unit
price per inch for precipitation exceeding 70 percent of the ten-year average of
precipitation.
November through April Snow Remov al Period Compensation Amounts
SERVICE AREA AVERAGE
YEAR
70% OF
AVERAGE
YEAR
MONTHLY
PAYMENT - FIVE
INSTALLMENTS
UNIT PRICE PER
INCH OF
PRECIPITATION
County Service Area 35
Zone AS $52,470 $36,729 $7,346 $1,614
Solitude Lane to Shaver Lake
Wastewater Treatment Plant $4,825 $3,378 $676 $148
County Service Area 35
Zone AT $11,940 $8,358 $1,672 $367
Bretz Road between Highway
168 and Slick Rock Lane $7,840 $5,488 $1,098 $241
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5. For illustrative purposes only, the table below shows what the
CONTRACTOR’s additional compensation would be if the ten-year average of
precipitation were 32.5 inches and the total amount of precipitation for the immediately
preceding snow season from November to April were 42.8 inches.
November through April Removal Snow Period Additional Compensation for over 70% of Ten-Year
Average Precipitation
SERVICE AREA Unit Price
Per Inch
70% of the
ten-year
avg.
Precipitation exceeding
70% of the ten-year avg.
(22.8 inches)
Additional
Compensation
County Service Area 35
Zone AS $1,614 22.8 inches 20 inches $32,280
Solitude Lane to Shaver
Lake Wastewater
Treatment Plant
$148 22.8 inches 20 inches $2,960
County Service Area 35
Zone AT $367 22.8 inches 20 inches $7,340
Bretz Road between
Highway 168 and Slick
Rock Lane
$241 22.8 inches 20 inches $4,820
B. Out-of-Season Snow Removal Period: During the Out-of-Season Snow
Removal Period, the CONTRACTOR will be compensated at the rates stated in the
table below. The CONTRACTOR shall submit in writing the hours engaged in Out-of-
Season snow removal when a minimum of three inches has accumulated on the subject
roadway. No allowance will be made for travel time to and from the service area. The
CONTRACTOR may be required to provide snow removal services for other areas that
the CONTRACTOR is not responsible for during the November through April Snow
Removal Period. The table below provides the hourly rate that may be utilized for Out-
of-Season Snow Removal.
Out-of-Season Snow Removal Period Hourly Rates
SERVICE AREA Hourly Rate
County Service Area 35 Zone AS $200
Solitude Lane to Shaver Lake Wastewater Treatment Plant $200
County Service Area 35 Zone AT $200
Bretz Road between Highway 168 and Slick Rock Lane $200
C. The maximum compensation that may be paid to the CONTRACTOR for
each year of the three-year term of this agreement is $115,613 for the November
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through April Snow Removal Period and $15,415 for the Out-of-Season Snow
Removal Period, for a total of $131,028.
D. CPI ADJUSTMENT: For each of the two additional one year ex tensions
past the three year term, the price quote(s) will be adjusted based on the Consumer
Price Index (CPI) All Urban Consumers for San Francisco -Oakland-San Jose, CA,
Standard Metropolitan Statistical Area published by the United States Department of
Labor, Bureau of Labor Statistics or any successor index. The CPI information will be
taken from the U.S. Department of Labor’s website: http://www.bls.gov/cpi/.
The price quote(s) for an average year for the November through April snow removal
period and rate(s) per hour for Out-of-Season snow removal shall be adjusted as
follows.
1. In the fourth year of the service agreement, if both the COUNTY
Representative and CONTRACTOR agree to extend the agreement by one year, the
CPI value for April 201 5 will be subtracted from the CPI value for April 201 8 and the
difference divided into the April 2015 value to determine the percentage change in the
CPI from April 2015 to April 2018 . The percentage change will be calculated to a
tenth of one percent. If the COUNTY Representative and the CONTRACTOR agree
to extend the agreement in the fou rth year, all compensation amounts will be adjusted
up by the percentage change from April 2015 to April 2018 not to exceed nine percent
(9%).
2. In the fifth year of the service agreement, if both the COUNTY
Representative and the CONTRACTOR agree to extend the agreement by one more
year, the CPI value for April 2018 will be subtracted from the CPI value for April 201 9
and the difference divided into the CPI value for April 2018 to determine the
percentage change during that period. If the COUNTY Representative and the
CONTRACTOR agree to extend the agreement in the fifth year, all compensation
amounts will be adjusted up by the percentage change not to exceed three percent
(3%).
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3. If the percentage change is zero or negative, t he respective
quotations and hourly rates shall remain the same in either or both of the fourth or the
fifth year of the agreement.
5. INVOICING:
CONTRACTOR shall prepare and send to the COUNTY Representative a
separate invoice for each County Service Area zone within the Service Area. If the
precipitation amount is above the ten-year average, the CONTRACTOR shall prepare
and send to the COUNTY an invoice by the end of May showing the adjustment
calculation.
The CONTRACTOR shall send invoices by United States First-Class Mail to:
Fresno County Department of Public Works and Planning
Resources Division, Special Districts Section
2220 Tulare Street, Sixth Floor
Fresno, CA 93721-2106
6. PAYMENT:
Upon receipt of a proper invoice, the COUNTY will take a maximum of forty-five
(45) working days to review, approve, and issue payment through the COUNTY Auditor-
Controller/Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices may be
returned to the CONTRACTOR for correction and resubmittal.
7. TERM AND RENEWAL:
This agreement is effective when signed through October 31, 2018, provided
however that this agreement may be extended for no more than two one-year periods
after October 31, 2018, by the COUNTY Representative. To exercise each one-year
extension, the COUNTY Representative will notify the CONTRACTOR of the extension
by written letter before June 30, 2018, for the first extension and before June 30, 2019,
for the second extension.
8. DEFAULT:
In case of default by CONTRACTOR, the COUNTY may procure snow removal
services from another source and may recover the loss occasioned thereby from any
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unpaid balance due the CONTRACTOR or by any other legal means available to the
COUNTY.
9. TERMINATION:
A. Non-Allocation of Funds - The terms of this agreement, and the services
to be provided thereunder, are contingent on the approval of funds by the COUNTY.
Should sufficient funds not be allocated, the services provided may be modified, or th is
agreement terminated, at any time by giving the CONTRACTOR thirty (30) days
advance written notice.
B. Breach of Contract - The COUNTY may immediately suspend or terminate
this agreement in whole or in part, where in the determination of the COUNTY ther e is:
1) An illegal or improper use of funds;
2) A failure to comply with any term of this agreement;
3) A substantially incorrect or incomplete report submitted to the
COUNTY;
4) Improperly performed service.
In no event shall any payment by the COUNTY constitute a waiver by the
COUNTY of any breach of this agreement or any default, which may then exist on the
part of the CONTRACTOR. Neither shall such payment impair or prejudice any remedy
available to the COUNTY with respect to the breach or default. The COUNTY sh all
have the right to demand of the CONTRACTOR the repayment to the COUNTY of any
funds disbursed to the CONTRACTOR under this agreement, which in the judgment of
the COUNTY were not expended in accordance with the terms of this agreement. The
CONTRACTOR shall promptly refund any such funds upon demand.
C. Without Cause - Under circumstances other than those set forth above,
this agreement may be terminated by either party upon the giving of ninety (90) days
advance written notice of an intention to terminate to other party. In the event of such
termination, the CONTRACTOR shall be paid for satisfactory services or supplies
provided to the date of termination.
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10. LAWS AND REGULATIONS:
The CONTRACTOR shall comply with all laws, rules and regulations whether
they are Federal, State or municipal, which may be applicable to CONTRACTOR's
business, equipment and personnel engaged in service covered by this Agreement.
11. AUDITS AND INSPECTIONS:
A. The CONTRACTOR shall at any time during business hours, and as often
as the COUNTY may deem necessary, make available to the COUNTY for examination all
of its records and data with respect to the matters covered by this agreement. The
CONTRACTOR shall, upon request by the COUNTY, permit the COUNTY to audit and
inspect all of such records and data necessary to ensure CONTRACTOR'S compliance
with the terms of this agreement.
B. If this agreement exceeds ten thousand dollars ($10,000.00),
CONTRACTOR shall be subject to the examination and audit of the Auditor General for
a period of three (3) years after final payment under contract (Government Code
Section 8546.7).
12. HOLD HARMLESS:
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.
13. 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 throughout the term of this
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agreement:
Commercial General Liability: Commercial General Liability Insurance with limits
of not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence and an
annual aggregate of Two Million and No/100 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.
Automobile Liability: Comprehensive Automobile Liability Insurance with limits
for bodily injury of not less than Two Hundred Fifty Thousand Dollars and No/100
Dollars ($250,000.00) per person, Five Hundred Thousand and No/100 Dollars
($500,000.00) per accident and for property damages of not less than Fifty Thousand
and No/100 Dollars ($50,000.00), or such coverage with a combined single limit of Five
Hundred Thousand and No/100 Dollars ($500,000.00). Coverage should include owned
and non-owned vehicles used in connection with this Agreement.
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, 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 ins ured 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
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above for all of the foregoing policies, as required herein, to the COUNTY Department
of Public Works and Planning, Resources Division, Special Districts Section, stating that
such insurance coverage have been obtained and are in full force; that the COUNTY, its
officers, agents and employees will not be responsible for any premiums on the policies;
that such Commercial General Liability insurance names the COUNTY, 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.
14. INDEPENDENT CONTRACTOR:
A. 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
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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.
B. 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.
15. 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.
16. AMENDMENTS:
Except as provided in section 7, this agreement may be amended only by written
agreement signed by both parties.
17. CONTRACTOR'S LEGAL AUTHORITY:
Each individual executing this agreement on behalf of CONTRACTOR hereby
covenants, warrants, and represents: (i) that he or she is duly authorized to execute and
deliver this agreement on behalf of the CONTRACTOR; and (ii) that this agreement is
binding upon the CONTRACTOR.
18. NOTICES:
The persons and their addresses having authority to give and receive notices under
this Agreement include the following:
COUNTY CONTRACTOR
COUNTY OF FRESNO Doug Koerper, Owner
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Special Districts Administrator Doug Koerper Construction
Department of Public Works and Planning P.O. Box 484
2220 Tulare Street, 6th Floor Shaver Lake, CA 93664
Fresno, CA 93721
All notices between the COUNTY and the CONTRACTOR provided for or permitted
under this agreement must be in writing and delivered either by personal service, by first-
class United States mail, by an overnight commercial courier service, or by telephonic
facsimile transmission. A notice delivered by personal service is effective upon service to
the recipient. A notice delivered by first-class United States mail is effective three
COUNTY business days after deposit in the United States mail, postage prepaid,
addressed to the recipient. A notice delivered by an overnight commercial courier service
is effective one COUNTY business day after deposit with the overnight commercial courier
service, delivery fees prepaid, with delivery instructions given for next day delivery,
addressed to the recipient. A notice delivered by telephonic facsimile is effective when
transmission to the recipient is completed (but, if such transmission is completed outside
of COUNTY business hours, then such delivery shall be deemed to be effective at the next
beginning of a COUNTY business day), provided that the sender maintains a machine
record of the completed transmission. For all claims arising out of or related to this
agreement, nothing in this section establishes, waives, or modifies any claims presentation
requirements or procedures provided by law, including but not limited to the Government
Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810).
19. GOVERNING LAWS AND VENUE:
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.
20. INCONSISTENCIES:
If there is any inconsistency between the documents that constitute this
agreement, it shall be resolved by giving precedence to those documents in the
following order of priority: (1) the text of this agreement excluding its exhibits; (2) the
COUNTY's Request for Quotation No. 968-5366 and addenda (exhibit A to this
agreement); and (3) the CONTRACTOR's quotation in response (exhibit B to this
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agreement).
21. SEVERABILITY:
If a court of competent jurisdiction finds that any provision of this agreement is
invalid, this agreement shall be construed as not containing such provision, and all other
provisions which are otherwise lawful shall remain in full force and effect.
22. ENTIRE AGREEMENT:
This agreement constitutes the entire agreement between the CONTRACTOR and
COUNTY with respect to the subject matter hereof and supersedes all previous
agreement negotiations, proposals, commitments, writings, advertisements, publications,
and understanding of any nature whatsoever unless expressly included in this agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first hereinabove written.
FOR ACCOUNTING USE ONLY:
CSA 35 Zone 0
Fund: 0220
Org No.: 9180
Subclass: 12330
Account No.: 7220
CSA 35 Zone AS
Fund: 0220
Org No.: 9275
Subclass: 12778
Account No.: 7220
CSA 35 Zone AT
Fund: 0220
Org No.: 9231
Subclass: 12575
AccountNo.· 7220
CSA 35 Zone CD
Fund: 0220
Org No.: 9259
Subclass: 12758
Account No.: 7220
CSA 31 Zone B
Fund: 0810
Org No.: 9166
Subclass: 16120
AccountNo.: 7220
WWD 41 ZoneS
Fund: 0920
Org No.: 9351
Subclass: 16000
Account No.: 7220
\\Pacific\pwp\4360Resources\SPECIAL
DISTRICTS\CONTRACTED SERVICES\Snow
Removai\RFQ 2015\Board Date\Draft Agreements\Koerper
Docs to Merge\Agreement with Doug Koerper Construction-
Final.doc
19
COUNTY OF FRESNO
DEBORAH A. POOCHIGIAN,
CHAIRMAN
Board of Supervisors.
REVIEWED & RECOMMENDED
FOR APPROVAL
Alan Weaver, Director
Department of Public Works and
Planning
APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG, COUNTY
COUNSEL
APPROVED AS ACCOUNTING FORM:
VICKI CROW, C.P.A., AUDITOR-
CONTROLLERffREASURER-TAX
COLLECTOR
ATTEST:
PD-010 (06/2015)
CCOOUUNNTTYY OOFF FFRREESSNNOO
RREEQQUUEESSTT FFOORR QQUUOOTTAATTIIOONN
NUMBER: 996688--55336666
SNOW REMOVAL SERVICES
July 17, 2015
ORG/Requisition: 9180/ 9181500003 PPUURRCCHHAASSIINNGG UUSSEE G:\PUBLIC\RFQ\FY 2015-16\968-5366 SNOW REMOVAL
SERVICES\968-5366 SNOW REMOVAL SERVICES.DOC ssj 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, 2nd Floor
FRESNO, CA 93702-4599
CLOSING DATE OF BID WILL BE AT 2:00 P.M., ON AUGUST 10, 2015.
QUOTATIONS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M.
All quotation information will be available for review after contract award.
Clarification of specifications is to be directed to: Louann M. Jones,
e-mail ljones@co.fresno.ca.us, phone (559) 600-7118.
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
https://www2.co.fresno.ca.us/0440/Bids/BidsHome.aspx for RFQ/RFP documents and changes.
BIDDER TO COMPLETE
UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE ATTACHED QUOTATION SCHEDULE AT THE
PRICES AND TERMS STATED, SUBJECT TO THE “COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR
REQUEST FOR PROPOSALS (RFP’S) AND REQUESTS FOR QUOTATIONS (RFQ’S)”ATTACHED.
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
Quotation No. 968-5366
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CCOOUUNNTTYY OOFF FFRREESSNNOO PPUURRCCHHAASSIINNGG
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 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
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.
D) 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 one hundred eighty
(180) days after closing date of bid.
2. SUBMITTING BIDS:
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 stated within this document. All addenda
issued shall be in writing, duly issued by Purchasing and incorporated
into the contract.
C) ISSUING AGENT/AUTHORIZED CONTACT: This RFP/RFQ has been
issued by County of Fresno, Purchasing. Purchasing shall be the
vendor’s sole point of contact with regard to the RFP/RFQ, its content,
and all issues concerning it.
All communication regarding this RFP/RFQ shall be directed to an
authorized representative of County Purchasing. The specific buyer
managing this RFP/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 RFP/RFQ.
Contact with any other County representative, including elected
officials, for the purpose of discussing this RFP/RFQ, 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 formal protest against the RFP/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.
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 alternative or option, indicating all
advantages, disadvantages and their associated cost.
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 California sales and/or use tax
(8.225%). 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.
D) Charges for transportation, containers, packing, etc. will not be paid
unless specified in bid.
5. W-9 – REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND
CERTIFICATION & CALIFORNIA FORM 590 WITHHOLDING EXEMPTION
CERTIFICATE:
Upon award of bid, the vendor shall submit to County Purchasing, a
completed IRS Form W-9 - Request for Taxpayer Identification Number and
Quotation No. 968-5366
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Certification and a California Form 590 Withholding Exemption Certificate if
not currently a County of Fresno approved vendor.
6. AWARDS:
A) Award(s) will be made to the most responsive responsible bidder;
however, the Fresno County Local Vendor Preference and/or the
Disabled Veteran Business Enterprise Preference shall take
precedence when applicable. Said Preferences apply only to Request
for Quotations for materials, equipment and/or supplies only (no
services); the preference do not apply to Request for Proposals. RFQ
evaluations 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) Award Notices are tentative: Acceptance of an offer made in response
to this RFP/RFQ shall occur only upon execution of an agreement by
both parties or issuance of a valid written Purchase Order by Fresno
County Purchasing.
E) 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. 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 flip of a coin in the presence of witnesses or the entire bid
may be rejected and re-bid. If the General Requirements of the RFQ state
that they are applicable, the provisions of the Fresno County Local Vendor
Preference shall take priority over this paragraph.
8. 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 un-copyrighted composition,
secret process, patented or unpatented invention, article or appliance
furnished or used in connection with this bid.
9. SAMPLES:
Samples, when required, must be furnished and delivered free and, if not
destroyed by tests, will upon written request (within thirty (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.
10. 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.
11. DISCOUNTS:
Terms of less than fifteen (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.
12. 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.
13. 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 State Labor Code
Sections 6360 through 6399.7.)
14. RECYCLED PRODUCTS/MATERIALS:
Vendors are encouraged to provide and quote (with documentation) recycled
or recyclable products/materials which meet stated specifications.
15. 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 internal 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 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.
16. 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.
Quotation No. 968-5366
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17. CONFIDENTIALITY:
All services performed by vendor shall be in strict conformance with all
applicable Federal, State of California and/or local laws and regulations
relating to confidentiality, including but not limited to, California Civil Code,
California Welfare and Institutions Code, Health and Safety Code, California
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.
18. APPEALS:
Appeals must be submitted in writing within seven (7) working days after
notification of proposed recommendations for award. A “Notice of Award” is
not an indication of County’s acceptance of an offer made in response to this
RFP/RFQ. 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/RFQ 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) working 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.
19. 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.
20. 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 (3) 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.
21. 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:
o fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing 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) terminated for cause or default.
22. DATA SECURITY:
Individuals and/or agencies that enter into a contractual relationship with the
COUNTY for the purpose of providing services must employ adequate
controls and data security measures, both internally and externally to ensure
and protect the confidential information and/or data provided to contractor by
the COUNTY, preventing the potential loss, misappropriation or inadvertent
access, viewing, use or disclosure of COUNTY data including sensitive or
personal client information; abuse of COUNTY resources; and/or disruption
to COUNTY operations.
Individuals and/or agencies may not connect to or use COUNTY
networks/systems via personally owned mobile, wireless or handheld
devices unless authorized by COUNTY for telecommuting purposes and
provide a secure connection; up to date virus protection and mobile devices
must have the remote wipe feature enabled. Computers or computer
peripherals including mobile storage devices may not be used (COUNTY or
Contractor device) or brought in for use into the COUNTY’s system(s)
without prior authorization from COUNTY’s Chief Information Officer and/or
designee(s).
No storage of COUNTY’s private, confidential or sensitive data on any hard-
disk drive, portable storage device or remote storage installation unless
encrypted according to advance encryption standards (AES of 128 bit or
higher).
The COUNTY will immediately be notified of any violations, breaches or
potential breaches of security related to COUNTY’s confidential information,
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data and/or data processing equipment which stores or processes COUNTY
data, internally or externally.
COUNTY shall provide oversight to Contractor’s response to all incidents
arising from a possible breach of security related to COUNTY’s confidential
client information. Contractor will be responsible to issue any notification to
affected individuals as required by law or as deemed necessary by COUNTY
in its sole discretion. Contractor will be responsible for all costs incurred as
a result of providing the required notification.
23. PURCHASING LOCATION & HOURS:
Fresno County Purchasing is located at 4525 E. Hamilton Avenue (second
floor), Fresno, CA 93702. Non-holiday hours of operation are Monday
through Friday, 8:00 A.M. to 12:00 Noon and 1:00 P.M. to 5:00 P.M. PST;
Purchasing is closed daily from 12:00 Noon to 1:00 P.M. The following
holiday office closure schedule is observed:
January 1* New Year's Day
Third Monday in January Martin Luther King, Jr.’s Birthday
Third Monday in February Washington - Lincoln Day
March 31* Cesar Chavez’ Birthday
Last Monday in May Memorial Day
July 4* Independence Day
First Monday in September Labor Day
November 11* Veteran's Day
Fourth Thursday in November Thanksgiving Day
Friday following Thanksgiving
December 25* Christmas
* When this date falls on a Saturday, the holiday is observed the
preceding Friday. If the date falls on a Sunday, the holiday is observed
the following Monday.
24. FRESNO COUNTY BOARD OF SUPERVISORS ADMINISTRATIVE
POLICIES:
ADMINISTRATIVE POLICY NUMBER 5
Contract Salary Limitation Fresno
County Administrative Policy No. 5 provides that in contracts with non-
profit organizations that primarily serve Fresno County and professional
service contracts where Fresno County is the sole client, the contractors
must agree to the following contract language: “The contractor agrees to limit
administrative cost to a maximum of 15% of the total program budget and to
limit employee benefits to a maximum of 20% of total salaries for those
employees working under this agreement during the term of the agreement.
Failure to conform to this provision will be grounds for contract termination at
the option of the County of Fresno.” Any bidder that wishes an exemption
from this contract requirements must set forth the request for exemption, as
well as a complete explanation of why the exemption should be granted, in
the bidder’s response to the RFP. Only the Board of Supervisors can
approve such exemption.
Policy Statement: Contractors shall be limited to a maximum 15%
administrative cost as compared to the total program budget and employee
benefits shall be limited to a maximum of 20% of salaries.
The following language will be included in each applicable contract:
"The contractor agrees to limit administrative cost to a maximum of 15% of
the total program budget and to limit employee benefits to a maximum of
20% of total salaries for those employees working under this agreement
during the term of this agreement. Failure to conform to this provision will be
grounds for contract termination at the option of the County of Fresno."
The above provision shall be applied to renewal or multi-year contracts with
non-profit organizations which primarily serve Fresno County and
professional services contracts where
Fresno County is the sole client, such as:
Community based organization service contracts related to social
services, health services, or probation services.
Cultural art program contracts.
Professional services contracts.
This policy will not apply to contracts between the County and the Federal or
State governments; or one-time contracts. The Board of Supervisors will
consider exemptions to this policy only upon the recommendation of the
County Administrative Office.
Management Responsibility: It shall be the responsibility of any County
official authorized by the Board of Supervisors to execute contracts or enter
into agreements on behalf of the County to review all applicable contracts to
insure that this policy is fully enforced.
It shall be the responsibility of the County Administrative Officer to review
requests for exemptions to this policy and to make recommendations to the
Board of Supervisors on such requests for exemption.
ADMINISTRATIVE POLICY NUMBER 34
Competitive Bids and Requests for Proposals
Fresno County Administrative Policy No. 34 provides that no person, firm
or subsidiary thereof who has been awarded a consulting services contract
by the County, may submit a bid for, or be awarded a contract for, the
provision of services, procurement of goods or supplies, or any other related
action which is required, suggested, or otherwise deemed appropriate in the
end product of the consulting services contract. Any bidder that wishes an
exemption from this contract limitation must set forth the request for
exemption, as well as a complete explanation of why the exemption should
be granted, in the bidder’s response to the RFP. Only the Board of
Supervisors, on a four-fifths (4/5) vote finding that such waiver is in the best
interests of the County, can waive this policy.
Definitions: Purchasing Authority and Responsibility – In accordance with
the State of California Government Code Section 25500 et seq., and the
Fresno County Ordinance Code Chapter 2.56, the Board of Supervisors has
established a County Purchasing Agent. The Board has designated the
County Administrative Officer as the Purchasing Agent. Unless otherwise
restricted, all necessary authority and responsibility has been delegated to
the Purchasing Agent to satisfy the acquisition requirements of the County.
The Purchasing Agent may defer day-to-day acquisition management to the
Purchasing Manager as appropriate.
Policy Statement: Competitive bids or requests for proposals shall be
secured for all contracts for goods or services which are proposed to be
acquired by the County except when in unusual or extraordinary
circumstances, a department head, requests an exception to competitive
bidding. All such requests must be documented by the department head
including a detailed description of the facts justifying the exception. The
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SERVICES.DOC
1E PD-010 (04/2015)
request must receive concurrence of the procurement authority who will sign
that particular contract i.e. the Board of Supervisors or Purchasing
Agent/Purchasing Manager. The following circumstances are examples
which constitute “Suspension of Competition”:
In an emergency when goods or services are immediately necessary
for the preservation of the public health, welfare, or safety, or for the
protection of County property.
When the contract is with a federal, state, or local governmental
agency.
When the department head, with the concurrence of the Purchasing
Agent, finds that the cost of preparing and administering a competitive
bidding process in a particular case will equal or exceed the estimated
contract amount or $1,000 whichever is more.
When a contract provides only for payment of per diem and travel
expenses and there is to be no payment for services rendered.
When obtaining the services of expert witnesses for litigation or special
counsel to assist the County.
When in unusual or extraordinary circumstances, the Board of
Supervisors or the Purchasing Agent/Purchasing Manager determines
that the best interests of the County would be served by not securing
competitive bids or issuing a request for proposal.
Contracts for services should not usually cover a period of more than one
year although a longer period may be approved in unusual circumstances.
Multiple year contracts must include provisions for early termination and
must be contingent on available funding. Unless exempted as provided for
above, no contract for service shall extend, either by original contract or by
extension, beyond three years unless competitive bids have been sought or
a Request for Proposal has been processed.
During any competitive bidding procedure, all bids shall be opened publicly
and the dollar amount of each bid shall be read aloud. Under no
circumstance shall a bid which is received at the designated place of
opening after the closing time be opened or considered.
Contracts for goods or services shall not be effective until approved by the
Board of Supervisors or, if appropriate, the Purchasing Agent/Purchasing
Manager. Contractors and vendors shall be advised by the responsible
department head that performance under the contract may not commence
prior to such approval.
Medical Professional Contracts
The competitive recruitment process, annual performance evaluation, and
periodic salary surveys are equivalent to competitive bids for independent
physicians contracting with the County on a fee for service basis.
A salary survey for physician services shall be conducted every two years.
Contracts for physician services shall not extend, either by original contract
or by extension, beyond five years unless competitive bids have been sought
or unless exempted as provided above.
Contracts for Legal Services
The competitive recruitment process, annual performance evaluation, and
periodic salary surveys are equivalent to competitive bids for independent
law firms and attorneys contracting with the County on a fee for service
basis.
A salary survey for legal services shall be conducted every two years.
The selection of and contracting with firms to provide legal services shall be
coordinated through the County Counsel's Office. The County Counsel shall
assist in securing a law firm with the requisite legal expertise and price
structure that would provide the best service to the County. County Counsel
shall be involved throughout the process of selecting a firm, developing a
contract, and monitoring the billing and services provided throughout the
contract period.
Prohibited Bids Concerning End Product of Consulting Contracts
No person, firm, or subsidiary thereof who has been awarded a consulting
services contract by the County, shall be awarded a contract for the
provision of services, procurement of goods or supplies, or any other related
action which is required, suggested, or otherwise deemed appropriate in the
end product of the consulting services contract. This policy may be waived
by the Board of Supervisors on a four-fifths (4/5) vote finding that such
waiver is in the best interests of the County.
Management Responsibility: The County Administrative Officer is
responsible for preparing and issuing written procedures to assure
compliance with this policy by all County officials and departments.
ADMINISTRATIVE POLICY NUMBER 71
Prohibiting the Use of Public Funds for Political Advocacy
Fresno County Administrative Policy No. 71 provides that no County
assets, including money, shall be used for political campaigns of any type.
Political campaigns are defined as political advocacy for or opposition to a
matter or person that has qualified for the ballot. No contract entered into by
the County shall provide for use of County monies for political campaigns.
Policy Statement: Government assets, including money, grant funds, paid
staff time, equipment and supplies, facilities or any other government asset
shall not be used for political campaigns of any type. Political campaigns are
defined as political advocacy for or opposition to a matter or person that has
qualified for the ballot.
Management Responsibility: Department Heads shall be held responsible
for ensuring that government assets within their control are not used to
advocate for or against any matter or person that has qualified for the ballot.
This section does not prohibit the expenditure of government assets to
create and provide informational or educational materials regarding a matter
that has qualified for the ballot. Such information or educational materials
shall provide a fair, accurate and impartial presentation of relevant
information relating to the matter that has qualified for the ballot. However,
government assets shall not be expended to create and provide such
informational or educational materials in the 90 days prior to the election
unless specifically authorized by the Board of Supervisors or required by the
Public Records Act or other law.
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TABLE OF CONTENTS
TABLE OF CONTENTS .................................................................................................. 2
BIDDING INSTRUCTIONS CONTRACT SERVICES AND SUPPLY .............................. 4
PARTICIPATION ........................................................................................................... 12
REFERENCE LIST ........................................................................................................ 13
REQUIREMENTS / SCOPE OF WORK ........................................................................ 14
BIDDER TO COMPLETE .............................................................................................. 20
QUOTATION SCHEDULE ............................................................................................ 22
CHECK LIST ................................................................................................................. 23
EXHIBITS ...................................................................................................................... 24
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KEY DATES
RFQ Issue Date: July 17, 2015
Vendor Conference: July 27, 2015 at 1:30 p.m.
Vendors are to contact Louann M.
Jones at (559) 600-7118 if planning to
attend vendor conference.
County of Fresno Purchasing
4525 E. Hamilton Avenue, 2nd Floor
Fresno, CA 93702
Deadline for Written Requests for
Interpretations or Corrections of RFQ:
July 29, 2015 at 12:00 p.m.
E-Mail: ljones@co.fresno.ca.us
RFQ Closing Date: August 10, 2015 at 2:00 p.m.
County of Fresno Purchasing
4525 E. Hamilton Avenue, 2nd Floor
Fresno, CA 93702
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BIDDING INSTRUCTIONS
CONTRACT SERVICES AND SUPPLY
The County of Fresno is soliciting bids to establish an agreement under which the successful
bidder will provide, 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. 35, Zone O, (Granite Ridge), Internal Roads, Phases I through VIII 2.813
2. CSA No. 35, Zone V, (Musick Falls), Internal Roads 0.998
3. CSA No. 35, Zone AG, (Wildflower Village), Internal Roads, Phases I through V 3.250
4. CSA No. 35, Zone AK, (Woody Lane), Internal Roads 0.174
5. CSA No. 35, Zone AS, (Dogwood), Internal Roads 6.30
Solitude Lane to Shaver Lake WWTP (Invoice separately from CSA No. 35 AS) .20
6. CSA No. 35, Zone AT, (Bretz Mountain Village), Internal Roads 1.196
7. CSA No. 35, Zone CD, (Timber Ridge), Internal Roads 0.708
8. CSA No. 35, Zone CI, (Quartz Mountain), Internal Roads 1.965
9. Bretz Road from Highway 168 to Slick Rock Lane 1.25
LOCAL VENDOR PREFERENCE AND DISABLED VETERAN BUSINESS ENTERPRISE BID
PREFERENCE: The Local Vendor Preference and Disabled Veteran Business Enterprise
Preference does not apply to this Request for Quotation.
DEFINITIONS: The terms Bidder, Proposer, Contractor and Vendor are all used
interchangeably and refer to that person, partnership, corporation, organization, agency, etc.
which is offering the quotation and is identified on page one of this Request For Quotation
(RFQ).
ISSUING AGENT: This RFQ has been issued by County of Fresno, Purchasing. Purchasing
shall be the vendor’s sole point of contact with regard to the RFQ, its content, and all issues
concerning it.
INTERPRETATION OF RFQ: Vendors must make careful examination of the requirements,
specifications and conditions expressed in the RFQ and fully inform themselves as to the quality
and character of services required. If any person planning to submit a quotation finds
discrepancies in or omissions from the RFQ or has any doubt as to the true meaning or
interpretation, correction thereof may be requested at the scheduled Vendor Conference (see
below). Any change in the RFQ will be made only by written addendum, duly issued by the
County. The County will not be responsible for any other explanations or interpretations.
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Questions may be submitted subsequent to the Vendor Conference, subject to the following
conditions:
a. Such questions are submitted in writing to County Purchasing by July 29, 2015 by 12:00
p.m. Questions must be directed to the attention of the buyer identified on page one.
b. Such questions are submitted with the understanding that County can respond only to
questions it considers material in nature.
Questions shall be delivered to County of Fresno Purchasing, 4525 E. Hamilton Avenue,
Fresno, CA 93702 or E-Mail: ljones@co.fresno.ca.us.
NOTE: The bidder is encouraged to submit all questions at the Vendor Conference. Time
limitations can prevent a response to questions submitted after the conference.
AWARD: Award will be made to the vendor(s) offering the services, products, prices, delivery,
equipment and system deemed to be to the best advantage of the County. The County shall be
the sole judge in making such determination. Award Notices are tentative: Acceptance of an
offer made in response to this RFQ shall occur only upon execution of an agreement by both
parties or issuance of a valid written Purchase Order by Fresno County Purchasing.
RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to
waive informalities or irregularities in bids.
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 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.
VENDOR CONFERENCE: On July 27, 2015 at 1:30 p.m., a vendor's conference will be
held in which the scope of the project and quotation requirements will be explained. The
meeting will be held at the office of County of Fresno Purchasing, 4525 E. Hamilton
(between Cedar and Maple), 2nd Floor, Fresno, California. Minutes will be prepared and
distributed to all bidders only if necessary to clarify substantive items raised during the
bidders' conference.
Bidders are to contact Louann M. Jones at County of Fresno Purchasing, (559) 600-7118,
if they are planning to attend the conference.
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CODES AND REGULATIONS: All work and material to conform to all applicable state and
local building and other codes and regulations.
NUMBER OF COPIES: Submit one (1) original, with one (1) *reproducible compact disc
and two (2) hardcopies of your quotation no later than the quotation closing date and time as
stated on the front of this document to County of Fresno Purchasing. Each copy to be identical
to the original, include all supporting documentation (e.g. literature, brochures, reports,
schedules etc.). The cover page of each quotation is to be appropriately marked “Original” or
“Copy”.
*Bidder shall submit one (1) reproducible compact discs (e.g.: PDF file) containing the
complete quotation. Compact discs should accompany the original and should be
inserted in an attached sleeve or envelope in the front of the bid to insure the discs are
not misplaced.
FIRM QUOTATION: All quotations shall remain firm for at least 180 days.
TAXES: The quoted amount must include all applicable taxes. If taxes are not specifically
identified in the quotation it will be assumed that they are included in the total quoted.
SALES TAX: Fresno County pays California State Sales Tax in the amount of 8.225%
regardless of vendor's place of doing business.
TAXES, PERMITS & FEES: The successful bidder shall pay for and include all federal, state
and local taxes direct or indirect upon all materials; pay all fees for, and obtain all necessary
permits and licenses, unless otherwise specified herein.
VENDOR ASSISTANCE: Successful bidder shall furnish, at no cost to the County, a
representative to assist County departments in determining their product requirements
MINOR DEVIATIONS: The County reserves the right to negotiate minor deviations from the
prescribed terms, conditions and requirements with the selected vendor.
QUOTATION REJECTION: Failure to respond to all questions or not to supply the requested
information could result in rejection of your quotation.
BIDDERS’ LIABILITIES: County of Fresno will not be held liable for any cost incurred by
vendors in responding to the RFQ.
PRICE RESPONSIBILITY: The selected vendor will be required to assume full responsibility
for all services and activities offered in the quotation, whether or not they are provided directly.
Further, the County of Fresno will consider the selected vendor to be the sole point of contact
with regard to contractual matters, including payment of any and all charges resulting from the
contract. The contractor may not subcontract or transfer the contract, or any right or obligation
arising out of the contract, without first having obtained the express written consent of the
County.
PRICES: Bidder agrees that prices quoted are a maximum for the contract period, and in the
event of a price decline such lower prices shall be extended to the County of Fresno. Prices
shall be quoted F.O.B. destination
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CONFIDENTIALITY: Bidders shall not disclose information about the County's business or
business practices and safeguard confidential data which vendor staff may have access to in
the course of system implementation.
NEWS RELEASE: Vendors shall not issue any news releases or otherwise release information
to any third party about this RFQ or the vendor's quotation without prior written approval from
the County of Fresno.
BACKGROUND REVIEW: The County reserves the right to conduct a background inquiry of
each proposer/bidder which may include collection of appropriate criminal history information,
contractual and business associations and practices, employment histories and reputation in the
business community. By submitting a quotation/bid to the County, the vendor consents to such
an inquiry and agrees to make available to the County such books and records the County
deems necessary to conduct the inquiry.
EXCEPTIONS: Identify with explanation, any terms, conditions, specifications or stipulations of
the RFQ with which you CAN NOT or WILL NOT comply.
ADDENDA: In the event that it becomes necessary to revise any part of this RFQ, addenda will
be provided to all agencies and organizations that receive the basic RFQ.
SUBCONTRACTORS: If a subcontractor is proposed, complete identification of the
subcontractor and his tasks shall be provided. The primary contractor is not relieved of any
responsibility by virtue of using a subcontractor.
CONFLICT OF INTEREST: The County shall not contract with, and shall reject any bid or
quotation submitted by the persons or entities specified below, unless the Board of Supervisors
finds that special circumstances exist which justify the approval of such contract:
1. Employees of the County or public agencies for which the Board of Supervisors is the
governing body.
2. Profit-making firms or businesses in which employees described in Subsection (1) serve
as officers, principals, partners or major shareholders.
3. Persons who, within the immediately preceding twelve (12) months, came within the
provisions of Subsection (1), and who were employees in positions of substantial
responsibility in the area of service to be performed by the contract, or participated in
any way in developing the contract or its service specifications.
4. Profit-making firms or businesses in which the former employees described in
Subsection (3) serve as officers, principals, partners or major shareholders.
5. No County employee whose position in the County enables him to influence the
selection of a contractor for this RFQ, or any competing RFQ, and no spouse or
economic dependent of such employee, shall be employees in any capacity by a bidder,
or have any other direct or indirect financial interest in the selection of a contractor.
INVOICING: All invoices are to be delivered in duplicate to Public Works – Accounts Payable,
2220 Tulare Street – 6th Floor, Fresno, CA 93721. Reference shall be made to the purchase
order/contract number and equipment number, if applicable, on the invoice.
PAYMENT: County will make partial payments for all purchases made under the
contract/purchase order and accumulated during the month.
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CONTRACT TERM: It is County’s intent to contract with the successful bidder for a term
of three (3) years.
RENEWAL: Agreement may be renewed for a potential of two (2) one (1) year periods, based
on the mutual written consent of all parties.
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.
ORDERING: Orders will be placed as required by County of Fresno Public Works - Roads
Department.
TERMINATION: The County reserves the right to terminate any resulting contract upon written
notice.
INDEPENDENT CONTRACTOR: In performance of the work, duties, and obligations assumed
by Contractor under any ensuing 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 the Agreement, Contractor may be providing services to others unrelated to
the County or to the Agreement.
SELF-DEALING TRANSACTION DISCLOSURE: Contractor agrees that when operating as a
corporation (a for-profit or non-profit corporation), or if during the term of the agreement the
Contractor changes its status to operate as a corporation, members of the Contractor’s Board of
Directors shall disclose any self-dealing transactions that they are a party to while Contractor is
providing goods or performing services under the agreement with the County. A self-dealing
transaction shall mean a transaction to which the Contractor is a party and in which one or more
of its directors has a material financial interest. Members of the Board of Directors shall
disclose any self-dealing transactions that they are a party to by completing and signing a
Fresno County Self-Dealing Transaction Disclosure Form and submitting it to the County prior to
commencing with the self-dealing transaction or immediately thereafter.
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
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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.
MATERIALS TO BE NEW: All materials shall be new and of merchantable grade, free from
defect. No bid will be considered unless it is accompanied by a complete list of manufacturer's
catalog numbers of the items, which the bidder proposes to furnish, together with full descriptive
literature on all items so enumerated. If item proposed differs from these specifications, bidder
shall present specific explanation of functioning and structural characteristics for those details
which differ from the specifications listed herein.
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.
COORDINATE WORK WITH OWNER: Successful bidder shall coordinate and schedule the
work with the County so that any interruption to the normal business operations be kept to a
minimum.
INSPECTION: All material and workmanship shall be subject to inspection, examination and
test by the County at any and all times during which manufacture and/or construction are carried
on. The County shall have the right to reject defective material and workmanship or require its
correction.
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.
CONTRACTOR'S LICENSE: Bidder to possess appropriate license for the project, in
accordance with current regulations/statutes.
SAFEGUARDS: The successful bidder shall provide, in conformity with all local codes and
ordinances and as may be required, such temporary walls, fences, guardrails, barricades, lights,
danger signs, enclosures, etc., and shall maintain such safeguards until all work is completed.
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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) 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 County of Fresno, Public Works-Special Districts, 2220
Tulare Street 6th 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,
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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.
EPAYMENT OPTION: The County of Fresno provides an Epay Program which involves
payment of invoices by a secure Visa account number assigned to the supplier after award of
contract. Notification of payments and required invoice information are issued to the supplier's
designated Accounts Receivable contact by e-mail remittance advice at time of payment. To
learn more about the benefits of an Epay Program, how it works, and obtain answers to
frequently asked questions, click or copy and paste the following URL into your browser:
www.bankofamerica.com/epayablesvendors or call Fresno County Accounts Payable, 559-600-
3609.
DISPUTE RESOLUTION: The ensuing contract shall be governed by the laws of the state of
California .Any claim which cannot be amicably settled without court action will be litigated in the
U.S. District Court for the Eastern District of California in Fresno, CA or in a state court for
Fresno County.
DEFAULT: In case of default by the selected bidder, the County may procure the services from
another source and may recover the loss occasioned thereby from any unpaid balance due the
selected bidder, or by any other legal means available to the County.
ASSIGNMENTS: The ensuing proposed contract will provide that the vendor may not assign
any payment or portions of payments without prior written consent of the County of Fresno.
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.
AUDITS AND 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.
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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.
Yes, we will extend contract terms and conditions to all qualified agencies within the
Central Valley Purchasing Group and other tax supported agencies.
No, we will not extend contract terms to any agency other than the County of Fresno.
(Authorized Signature)
Title
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VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR QUOTATION.
Firm:
REFERENCE LIST
Provide a list of at least five (5) customers for whom you have recently provided similar
products/services. Be sure to include all requested information.
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Failure to provide a list of at least five (5) customers may be cause for rejection of
this RFQ.
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REQUIREMENTS / 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. 35, Zone O, (Granite Ridge), Internal Roads, Phases I through VIII 2.813
2. CSA No. 35, Zone V, (Musick Falls), Internal Roads 0.998
3. CSA No. 35, Zone AG, (Wildflower Village), Internal Roads, Phases I through V 3.250
4. CSA No. 35, Zone AK, (Woody Lane), Internal Roads 0.174
5. CSA No. 35, Zone AS, (Dogwood), Internal Roads 6.30
Solitude Lane to Shaver Lake WWTP (Invoice separately from CSA No. 35 AS) .20
6. CSA No. 35, Zone AT, (Bretz Mountain Village), Internal Roads 1.196
7. CSA No. 35, Zone CD, (Timber Ridge), Internal Roads 0.708
8. CSA No. 35, Zone CI, (Quartz Mountain), Internal Roads 1.965
9. Bretz Road from Highway 168 to Slick Rock Lane 1.25
Exhibit A-1 is an area wide map showing the snow removal areas within the Shaver Lake
Community. Exhibits A-2 through A-6 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.
NOVEMBER THROUGH APRIL SNOW REMOVAL PERIOD: The snow removal period is
defined as beginning at 12:00 AM, November 1, through to 12:00 PM on April 20.
OUT-OF-SEASON SNOW REMOVAL PERIOD: The snow removal period prior to 12:00 AM
November 1 or after 12:00 PM April 30.
DUTIES AND RESPONSIBILITIES: Snow removal shall be done in a manner to preserve and
protect the roads to the extent necessary and 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 November 1:
1. Provide County staff with current certificates of insurance for all categories of required
coverage.
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2. Conduct an inspection of the subject roadways accompanied by County Staff and
Citizen’s Advisory Council member to accomplish the following:
a. Document in writing and in digital photographs the location and extent of any
previous damage to roadway pavement, curbs, gutters, driveway approaches, and
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 November through April Snow Removal Period as defined above:
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 such that snow does not
accumulate to more than three (3) inches in any one place until the storm or
storms have passed. If the subject roadways are lengthy, or conditions require a
sizeable amount of snow to be removed, the contractor must commit the necessary
equipment and manpower to reach the above referenced standard, no matter what other
snow removal commitments they have. Considerations will be given to extreme or
abnormal situations.
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.
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f. Apply sand to road areas that are slippery, 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.
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 photographs with time stamps. If the County receives a
complaint or is notified of insufficient service for the first time after a snowstorm, 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 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 November through April Snow Removal Period:
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.
COMPENSATION FOR THE NOVEMBER THROUGH APRIL SNOW REMOVAL PERIOD:
The price quotation provided by bidders represents what the Contractor expects in
compensation for an average snow season from November 1 to April 30 to fulfill all the
responsibilities and conduct all duties specified in “Requirements / Scope of Work”. The
selected Contractor(s) for snow removal areas will be guaranteed a minimum of seventy percent
(70%) of the price quotation and it will be paid in equal monthly installments for the first five
months starting from November. The Average Snow Removal Period Precipitation has been
established by taking the precipitation (rain and snowmelt) amounts at the Shaver Lake
Regional Facility and/or the Granite Ridge Pump Station for the period between November 1
and April 30, for the last ten years and deriving the average (Exhibit C provides a table of
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precipitation measurements from 2005-06 to 2014-15 and the ten-year average). Each
subsequent year, the table will be revised to include the prior year measurements. After April
30, the amount of precipitation received for the subject year from November to April will be
tabulated. If that precipitation amount is greater than seventy percent (70%) of the ten-year
average, the Contractor will receive an adjusted payment based on the inches above the ten-
year average at the unit price up to one hundred and fifty percent (150%). Below is an example
of how compensation will be determined.
Quotation for
an average
year
70 % of
Quote
Monthly
Payment for
5 mos. at
70% of
Quote
10 yr. Avg.
Snow Season
Precipitation
100% & 70%
Unit Cost per inch
$45,000/32.5
Example:
Precipitation
During Snow
Season
Adjustment
Payment
10 inches X
unit rate
$45,000 $31,500 $6,300 32.5” & 22.8” $1384.62 32.8” $13,846
Quotation for
an average
year.
70 % of
Quote
Monthly
Payment for
5 mos. at
70% of
Quote
10 yr. Avg.
Snow Season
Precipitation
100% & 70%
Unit Cost per inch
$28,500/32.5
Example:
Precipitation
During Snow
Season
Adjustment
Payment
25.95 inches
x unit rate
$28,500 $19,950 $3990 32.5” & 22.8” $876.92 70.0” $22,756
Maximum of 150% of 10 yr. average 48.75”
Quotation for
an average
year
70 % of
Quote
Monthly
Payment for
5 mos. at
70% of
Quote
10 yr. Avg.
Snow Season
Precipitation
100% & 70%
Unit Cost per inch
$17,000/32.5
Example:
Precipitation
During Snow
Season
Adjustment
Payment
0 inches x
unit rate
$17,000 $11,900 $2,380 32.5” & 22.8” $523.08 22.0” $0
Minimum of 70% of the 10 yr. average 22.8”
The electronic measuring equipment at the Shaver Lake Facility is linked to the website
http://www.wunderground.com/weatherstation/WXDailyHistory.asp?ID=KCASHAVE7.
This electronic measuring equipment has a battery backup in the event of power failure,
however, if this equipment is damaged or fails to function correctly, measurement data taken
manually on a daily basis at the same location will be substituted during the period of equipment
failure. If the electronic measuring equipment fails, and manual measurements are not
obtainable, then measurements from measuring equipment located in the Granite Ridge Tracts
(Granite Ridge Site) will be substituted during that period.
In the event of equipment failure, the Special Districts staff will have sole discretion on
determining when manual measurements or measurements from the Granite Ridge Site will be
used.
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The California Department of Water Resources (DWR) announcement of “Final Snow Survey
Results” and data available from stations in the southern Sierra from other agencies will not be
used as a backup if there is equipment failure at the Shaver Lake Facility or Granite Ridge Site.
There are several reasons for this. The locations where data are collected are not near the
Shaver Lake Area and are higher in elevation, and therefore, do not reflect the Shaver Lake
Area’s local conditions. The methods used to measure snowfall at remote locations cannot be
converted precisely to precipitation amounts. Some locations did not have data going back over
ten years in order to derive an average. Lastly, the snowfall and precipitation levels at some
locations are not recorded in a timeframe consistence with the November 1 through April 30
period.
COMPENSATION FOR OUT-OF-SEASON SNOW REMOVAL SERVICES: There may be
snowstorm episodes that occur prior to 12:00 AM, November 1 or after 12:00 PM, April 30. In
such events, the County Representative will provide verbal authorization to the contractor to
remove snow from an area. The County Representative has the discretion of determining the
level of service, type of equipment and manpower levels that may or may not match the level of
service provided in the November through April Snow Removal Period. The contractor should
not provide snow removal services until the County Representative provides verbal
authorization, unless there are extraordinary conditions that eminently jeopardize the health and
safety of residents or will result in damage to vital equipment or property. In extraordinary
conditions, the contractor should document the reason for initiating snow removal.
The contractor will be compensated with the quoted per hour rate for equipment and manpower
authorized by the County Representative. The contractor shall show the hours engaged in out-
of-season snow removal when a minimum of three inches has accumulated on the subject
roadway. No allowance will be made for travel time to and from the service area. The
Contractor may be requested to provide snow removal services for other areas that the
Contractor is not responsible for during the November through April snow removal period.
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 where 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.
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.
BID SHEET: Bidders are requested to provide two (2) price quotations for each snow removal
area. The first price quotation will be to conduct all duties specified in “Requirements / Scope of
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Work” from November 1 through April 30 snow removal period based on the ten-year average
provided in Exhibit C.
The second price quotation will be an hourly rate for out-of-season snow removal services in a
snow removal area. This will be utilized when snowstorms occur prior to November 1 or after
April 30.
PRICES: The Bidder agrees that the price quote offered for the November through April period
for an area is based on the last ten-year average of precipitation level in inches rounded at the
tenth of one-inch increment from November 1 to April 30. However, the price quote offered
does not represent the minimum compensation. The minimum compensation is seventy
percent (70%) of the price quotation. The maximum compensation shall be determined by the
amount of precipitation from November 1 to April 30 up to one hundred fifty percent (150%) of
the last ten-year average.
CPI ADJUSTMENT: For each of the two additional one year extensions past the three year
term, the price quote(s) will be adjusted based on the Consumer Price Index (CPI) All Urban
Consumers for San Francisco-Oakland-San Jose, CA, Standard Metropolitan Statistical Area
published by the United States Department of Labor, Bureau of Labor Statistics or any
successor index. The information will be taken from the U.S. Department of Labor’s website:
http://www.bls.gov/cpi/.The price quote(s) for an average year for the November through April
snow removal period and rate(s) per hour for out-of-season snow removal shall be adjusted as
follows, in the fourth year of the service agreement, if both the County and contractor agree to
extend the agreement one year, the CPI value for April 2015 will be subtracted from the CPI
value for April 2018 and the difference divided into the April 2015 value to determine the
percentage change in the CPI from April 2015 to April 2018. The percentage change will be to
a tenth of one percent. If the County and the contractor agree to extend the agreement in the
fourth year, the contractor’s price quotes will be adjusted up by the percentage change from
April 2015 to April 2018 not to exceed nine percent (9%). In the fifth year, the CPI value for
April 2018 will be subtracted from the CPI value for April 2019 and the difference divided into
the CPI value for April 2018 to determine the percentage change during that period. If the
County and the contractor agree to extend the agreement in the fifth year, the contractor’s price
quotes will be adjusted up by the percentage change not to exceed three percent (3%). If the
percentage change is zero or negative, the price quotations shall remain the same in either the
fourth or fifth year of the agreement.
If measuring equipment at Granite Ridge Pump Station is damaged or unable to produce
reliable data, precipitation amounts published by California Department of Water Resources will
be used to calculate reimbursement amounts.
BACK-UP FIRM: The County shall reserve the right to call for a back-up firm, in the event the
Contractor is unable to respond or provide service in a timely manner. If the County does utilize
a back-up firm the County may deduct the actual cost to provide the back-up firm plus ten
percent (10%) administrative costs from the monthly reimbursement of the Contractor. The
back-up firm shall be allowed to complete the job without interference from the Contractor, in the
event the Contractor shows up late.
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BIDDER TO COMPLETE
INSURANCE:
Name of Insurance Carrier:
Public Liability: Expires:
Worker's Compensation: Expires:
Proof of maintenance of adequate insurance will be required before award is made to vendor.
EQUIPMENT INVENTORY
Type of Equipment Make / Model / Year Description
MANPOWER AVAILABILITY AND EXPERIENCE
Employee’s Classification
or Primary Function
Special Licenses Experience
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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
CSA No. 35, Zone O, Granite Ridge
CSA No. 35, Zone V, Musick Falls
CSA No. 35, Zone AG, Wildflower Village
CSA No. 35, Zone AK, Woody Lane
CSA No. 35, Zone AS, Dogwood
CSA No. 35, Zone AT, Bretz Mountain Village
CSA No. 35, Zone CD, Timber Ridge
CSA No. 35, Zone CI, Quartz Mountain
Bretz Road from Highway 168
LIST OF OTHER SNOW REMOVAL CONTRACTS OR SERVICES TO OTHER PARTIES
Service Area Current Obligation or
Planning to Bid
Time Period of Obligation Total Miles / Distance of
Services Provided
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QUOTATION SCHEDULE
The bidder shall state a quotation for the period between November 1 to April 30 to fulfill all the
responsibilities and conduct all duties specified in “Requirements / Scope of Work” for an
Average Season based on the ten year average (32.5”) provided in Exhibit C. Seventy percent
(70%) of the quoted amount will be paid in equal monthly installments for the first five months of
the snow season. After April 30, the amount of precipitation (rain and snow melt) will be
tabulated. If that amount is greater than the seventy percent (70%) of the ten year average, an
adjusted payment will be made based on the inches above seventy percent (70%) 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.
Snow Removal Service Area Quotation for average
from November
through April period
Quotation for
Hourly rate for
Out-of-Season
CSA No. 35, Zone O, (Granite Ridge) $ $
CSA No. 35, Zone V, (Musick Falls) $ $
CSA No. 35, Zone AG, (Wildflower Village) $ $
CSA No. 35, Zone AK, (Woody Lane), Internal Roads $ $
CSA No. 35 AS, (Dogwood) $ $
Solitude Lane to Shaver Lake WWTP, (part of CSA 35 AS Service) $ $
CSA No. 35, Zone AT, (Bretz Mountain Village) $ $
CSA No. 35, Zone CD, (Timber Ridge) $ $
CSA No. 35, Zone CI, (Quartz Mountain) $ $
Bretz Road from Highway 168 to Slick Rock Lane $ $
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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 following:
1. Front page of the Request for Quotation (RFQ) has been signed (original signature)
and completed.
2. One (1) original and two (2) copies of the RFQ have been provided.
3. One (1) reproducible compact disc of the RFQ have been provided.
4. Addenda, if any, have been completed, signed and included in the bid package.
5. The completed Reference List as provided with this RFQ.
6. The Quotation Schedule as provided with this RFQ has been completed, priced
reviewed for accuracy and any corrections initialed in ink.
7. Indicate all of bidder exceptions to the County’s requirements, conditions and
specifications as stated within this RFQ.
8. The Participation page as provided within this RFQ has been signed and included
9. Bidder to Complete page as provided with this RFQ.
10. Lastly, on the LOWER LEFT HAND CORNER of the sealed envelope, box, etc.
transmitting your bid include the following information:
County of Fresno RFQ No. 968-5366
Closing Date: August 10, 2015
Closing Time: 2:00 P.M.
Commodity or Service: Snow Removal Services
This Checklist does not need to be returned with your bid.
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EXHIBITS
Exhibit A-1: Shaver Lake Area Map
Exhibit A-2: County Service Area 35AK – Woody Lane
Exhibit A-3: County Service Area 35AS – Dogwood
Exhibit A-4: Bretz Road & County Service Areas 35O, 35CD & 35AT
Exhibit A-5: County Service Area 35AG – Wildflower Village
Exhibit A-6: County Service Area 35V – Musick Falls
Exhibit B: Service Area Road Names and Lengths
Exhibit C: Average Snow Season Precipitation
·|}þ168
CSA 35ASDOGWOOD MOUNTAIN
CSA 35AGWILDFLOWER VILLAGE
CSA 35OGRANITE RIDGE
CSA 35VMUSICK FALLS
CSA 35ATBRETZ MOUNTAIN VILLAGE
CSA 35CIQUARTZ MOUNTAINCSA 35CDTIMBER RIDGECSA 35AKWOODY LANE TOLLHOUSEBRE
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Snow Removal Services - Shaver Lake Area MapPublic Works and Planning 4
Public Works and Planning
Resources, Special Districts
Snow Removal Service Area
Exhibit A-1
Bretz Road
TOL
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WOODYCOLD SPRINGSCRYSTAL CREEKTOLLH
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County Service Area 35AK - Woody LanePublic Works and Planning 4
Public Works and Planning
Resources, Special Districts
CSA 35AK - Woody Lane
Exhibit A-2
Elevation: 5,500 Feet
Road Length: 0.174 Miles
TOLLHOUSEWOODLANDOLD RAILROADPONDLITTLEFIELDAPPL
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RIDGELOWER ROUTT MILLSOLITUDE
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GRANITEUPPER ROUTT MILLRED LEAFBIG SHUTEYE
CREST PO
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WOODYHIGHC
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Y COLD SPRINGSSILVERPINEWILD ROSETHUMPERMUSI
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ESUNSET ROCKHEARTWOODCRYSTAL CREEKMILKHOUSEAPPLEWINE
SOLITUDE
CSA 35AS - DogwoodPublic Works and Planning 4
Public Works and Planning
Resources, Special Districts
CSA 35AS - Dogwood
Exhibit A-3
CSA 35AS Pave Road Length: 6.30 Miles
Access Road to Shaver Lake Maintenance Plant: .20 Miles
Access Road to Shaver Lake
Maintenance Plant
·|}þ168
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CREST PO
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WOODYCOLD SPRINGSSILVERPINEMUSI
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ESUNSET ROCKHEARTWOODCRYSTAL CREEKCSA 35OGRANITE RIDGE2.813 Miles
CSA 35CIQUARTZ MOUNTAIN1.965 Miles
CSA 35ATBRETZ MOUNTAIN VILLAGE1.196 Miles
CSA 35CDTIMBER RIDGE0.708 Miles
Bretz Road & CSA 35O, 35AT, 35CD, & 35CIPublic Works and Planning 4
Public Works and Planning
Resources, Special Districts
Bretz Road
CSA 35O, 35AT, 35CD, 35CI
Exhibit A-4
Bretz Road From Highway 168 to Slick Rock Lane
Approximate Length: 1.25 Miles
Elevation: 5,600 - 5,800 Feet
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WILD IRISRI
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IELD
MARIPOSA LILYFO
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LEOPARD
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LITTLERIDGE
SNOWFLOWER
County Service Area 35AG - Wildflower VillagePublic Works and Planning 4
Public Works and Planning
Resources, Special Districts
CSA 35AG
Exhibit A-5
Road Length: 3.25 Miles
TOLLHOUSE BRETZVILLAGE
PASS
CREST POIN
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OAKWOODS
WOODLANDWATERFALLOC
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C
HWELDON CORRALOCKENDEN RANCHCounty Service Area 35, Zone V- Musick FallsPublic Works and Planning 4
Public Works and Planning
Resources, Special Districts
G:\4360Resources\SPECIAL DISTRICTS\CONTRACTED SERVICES\Snow Removal\RFQ 2015\Exhibit A\EX A-6 CSA 35V Musick
CSA No. 35 V
Exhibit A-6
Elevation: 5,600 ft
Road Length: 0.998 miles
EXHIBIT B
SERVICE AREA ROAD NAMES AND LENGTHS
CSA 35-O (GRANITE RIDGE)
Outcrop 0.091
Rock shelf 0.251
Granite Ridge 0.931
Gray Rock 0.354
Split Rock 0.068
Granite Ledge 0.074
Granite Oaks 0.058
Granite Circle 0.583
Granite Rim 0.077
Pinnacle 0.326
Total 2.813 miles
CSA 35-V (Musick Falls)
Sunset Vista Lane 0.192
Crest Vista Lane 0.141
Ockenden Ranch Road (Formerly Shaver Lake Forest Road) 0.131
Musick Falls Lane 0.178
Water Fall Lane 0.059
Crest Point Lane 0.297
Total 0.998 miles
CSA 35-AG (Wildflower Village Phases I-V)
Phase I:
Littlefield Road 0.109
Wild Rose Lane 0.959
Yellow Lupine Lane 0.173
Snow Flower Lane 0.077
Phase II:
Wild Rose Lane 0.263
Phase III:
Wild Rose Lane 0.048
Wild Iris Lane 0.369
Leopard Lily Lane 0.099
Sierra Violet Lane 0.090
Phase IV:
Leopard Lily Lane 0.060
Wild Iris Lane 0.090
For Tract 5186, Phase V:
Foxglove Lane 0.114
Mountain Heather Lane 0.172
Fawn Lily Lane 0.348
Total 3.25 miles
EXHIBIT B
CSA-AK (Woody Lane)
Woody Lane 0.174
Total 0.174 miles
CSA 35-AS (Dogwood Tracts)
S. Applewine Road 0.22
N. Applewine Road 0.70
Woodland Road 2.80
Solitude Lane 1.50
Little Shuteye Lane 0.44
Big Shuteye Lane 0.30
Little Thumber Lane 0.03
Big Thumper Lane 0.31
East fork of Solitude Lane 0.15
Solitude Lane (end of Dogwood Tract to Shaver Lake WWTP Office) (Separate Bid) 0.20
Total 6.50miles
CSA 35-AT (Bretz Mountain Village)
Bretz Road 0.467
Blue Canyon Road 0.447
Forest Run Lane 0.092
Summit Creek Court 0.055
Rush Creek Lane 0.060
Bretz Camp Lane 0.075
Total 1.196 miles
CSA 35-CD (Timber Ridge)
Timber Ridge Lane 0.486
Timber View Lane 0.222
Total 0.708 miles
CSA-CI (Quartz Mountain)
Rhinestone Lane 0.222
Garnet Lane 0.722
Opal Lane 0.334
Tourmaline Lane 0.386
Emergency Access Road 0.034
Bretz Road 0.222
Total 1.965 miles
Bretz Road
Bretz Road from Highway 168 to Slick Rock Lane 1.25 miles
Exhibit C
AVERAGE SNOW SEASON PRECIPITATION
RAIN AND SNOW MELT
Precipitation monitoring was conducted at the Shaver Lake Regional Facility on Solitude
Lane and the Granite Ridge Pump Station.
Month/Year Total Inches
11/01/2005-4/30/2006 68.6
11/01/2006-4/30/2007 21.7
11/01/2007-4/30/2008 32.3
11/01/2008-4/30/2009 35.1
11/01/2009-4/30/2010 43.6
11/01/2010-4/30/2011 57.9
11/01/2011-4/30/2012 20.3
11/01/2012-4/30/2013 16.4
11/01/2013-4/30/2014 13.2
11/01/2014-4/30/2015 16.0
Total 325.1
Average 32.5
G:\PUBLIC\RFQ\FY 2015-16\968-5366 SNOW REMOVAL SERVICES\968-5366 ADD 1.DOC (04/2015)
COUNTY OF FRESNO
ADDENDUM NUMBER: ONE (1)
RFQ NUMBER: 968-5366
SNOW REMOVAL SERVICES
July 29, 2015
PPUURRCCHHAASSIINNGG UUSSEE G:\PUBLIC\RFQ\FY 2015-16\968-5366 SNOW
REMOVAL SERVICES\968-5366 ADD 1.DOC hrs
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, 2ND FLOOR
FRESNO, CA 93702-4599
CLOSING DATE OF BID WILL BE AT 2:00 P.M., ON AUGUST 10, 2015.
QUOTES WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M.
All quotation information will be available for review after contract award.
Clarification of specifications is to be directed to: Louann M. Jones, phone (559) 600-7118
e-mail ljones@co.fresno.ca.us.
NOTE THE FOLLOWING AND ATTACHED ADDITIONS, DELETIONS AND/OR CHANGES TO THE
REQUIREMENTS OF REQUEST FOR QUOTATION NUMBER: 968-5366 AND INCLUDE THEM IN YOUR
RESPONSE. PLEASE SIGN AND RETURN THIS ADDENDUM WITH YOUR QUOTATION.
Page 14 should read “NOVEMBER THROUGH APRIL SNOW REMOVAL PERIOD: The snow removal
period is defined as beginning at 12:00 AM, November 1, through to 12:00 PM on April 30.”
Bidder question period is extended to July 31, 2015 ending at 12:00 noon.
ACKNOWLEDGMENT OF ADDENDUM NUMBER ONE (1) TO RFQ 968-5366
COMPANY NAME:
(PRINT)
SIGNATURE:
NAME & TITLE:
(PRINT)
ADDENDUM NO. One (1) Page 2
REQUEST FOR QUOTATION NUMBER 968-5366
July 29, 2015
G:\PUBLIC\RFQ\FY 2015-16\968-5366 SNOW REMOVAL SERVICES\968-5366 ADD 1.DOC
QUESTIONS AND ANSWERS
Q1. Will there be any changes in contract since the last one?
A1. There are no boiler plate contract language changes. The contract terms will be
negotiated with the awarded vendor(s) after Tentative Award notice is released.
Q2. What is the 10 year average?
A2. The 10 year average can be found in Exhibit C of the bid packet.
Q3. What is the main reason for 70% minimum instead of 80%?
A3. The decrease in percentage minimum was an administrative decision based on the
snowfall in recent years.
Q4. Are we looking for one contractor?
A4. No, contractors will bid on each zone separately. There can be as few as one contract
and as many as nine depending on the bids.
Q5. Is there still a 90 days written notice to get out of the contract prior to the full three
years?
A5. Per the current model contract:
TERMINATION:
Without Cause -
Under circumstances other than those set forth above, this Agreement may be
terminated by COUNTY upon the giving of thirty (30) days advance written notice of
an intention to terminate to CONTRACTOR.
Q6. If awarded the contract for 3 years do you have to rebid in 2 years?
A6. This contract is for 3 years with 2 additional one year extensions based upon mutual
written consent of both parties. An awarded vendor can choose to decline to extend their
contract at the end of the three year initial term.
G:\PUBLIC\RFQ\FY 2015-16\968-5366 SNOW REMOVAL SERVICES\968-5366 ADD 2.DOC (04/2015)
COUNTY OF FRESNO
ADDENDUM NUMBER: TWO (2)
RFQ NUMBER: 968-5366
SNOW REMOVAL SERVICES
August 3, 2015
PPUURRCCHHAASSIINNGG UUSSEE G:\PUBLIC\RFQ\FY 2015-16\968-5366 SNOW
REMOVAL SERVICES\968-5366 ADD 2.DOC hrs
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, 2ND FLOOR
FRESNO, CA 93702-4599
CLOSING DATE OF BID WILL BE AT 2:00 P.M., ON AUGUST 10, 2015.
QUOTES WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M.
All quotation information will be available for review after contract award.
Clarification of specifications is to be directed to: Louann M. Jones, phone (559) 600-7118
e-mail ljones@co.fresno.ca.us.
NOTE THE ATTACHED ADDITIONS, DELETIONS AND/OR CHANGES TO THE REQUIREMENTS OF
REQUEST FOR QUOTATION NUMBER 968-5366 AND INCLUDE THEM IN YOUR RESPONSE. PLEASE SIGN
AND RETURN THIS ADDENDUM WITH YOUR QUOTATION.
Changes in the SCOPE OF WORK to clarify where readings are gathered from, what the backup source
is, and where they can be viewed online.
The changes are bolded and underlined.
ACKNOWLEDGMENT OF ADDENDUM NUMBER TWO (2) TO RFQ 968-5366
COMPANY NAME:
(PRINT)
SIGNATURE:
NAME & TITLE:
(PRINT)
ADDENDUM NO. Two (2) Page 2
REQUEST FOR QUOTATION NUMBER 968-5366
August 3, 2015
G:\PUBLIC\RFQ\FY 2015-16\968-5366 SNOW REMOVAL SERVICES\968-5366 ADD 2.DOC
P. 17
The electronic measuring equipment at the Granite Ridge Site is linked to the website
http://www.wunderground.com/weatherstation/WXDailyHistory.asp?ID=KCASHAVE11.
This electronic measuring equipment has a battery backup in the event of power failure,
however, if this equipment is damaged or fails to function correctly, measurement data taken
manually on a daily basis at the same location will be substituted during the period of
equipment failure. If the electronic measuring equipment fails, and manual measurements are
not obtainable, then measurements from measuring equipment located at the Shaver Lake
Regional Facility will be substituted during that period.
P. 19
If measuring equipment at Granite Ridge Pump Station is damaged or unable to produce
reliable data, precipitation amounts gathered at the Shaver Lake Regional Facility will be
used to calculate reimbursement amounts.