HomeMy WebLinkAboutP-20-449-Master Agreement Snow Removal Services.pdf333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110
* The County of Fresno is an Equal Employment Opportunity Employer *
County of Fresno
INTERNAL SERVICES DEPARTMENT
Facilities • Fleet • Graphics • Purchasing • Security • Technology
MASTER PROCUREMENT AGREEMENT
Agreement Number P-20-449
November 5, 2020
The County of Fresno (County) hereby contracts with various vendors (Contractors) to provide Snow
Removal Services in accordance with the text of this agreement, Attachment A and Attachment B by this
reference made a part hereof.
TERM: This Agreement shall become effective December 1, 2020 and shall remain in effect through
October 31, 2021.
MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County
reserves the right to increase or decrease orders or quantities.
CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment A and
Attachment B attached, at the rates set forth in Attachment B.
ORDERS: Orders will be placed on an as-needed basis by the County of Fresno, Department of Public
Works Planning Resources Division, Special Districts under this contract.
PRICES: Prices shall be firm for the contract period. Any pricing changes which may take place during the
life of the contract must be submitted in writing to the County of Fresno Purchasing Manager and received no
less than thirty (30) days prior to becoming effective.
MAXIMUM: In no event shall services performed and/or fees paid under this Master Agreement be in excess
of One Hundred and Ninety-Two Thousand, Five Hundred and Ninety-Seven Dollars, ($192,597.00).
ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as
deemed necessary. Such additions shall be made in writing and signed by both parties.
DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be
delivered complete as specified. All orders placed before Agreement expiration shall be honored under the
terms and conditions of this Agreement.
DEFAULT: In case of default by Contractor, the County may procure the articles/services from another
source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any
other legal means available to the County. The prices paid by County shall be considered the prevailing
market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not
meet specifications, will be at the expense of Contractor.
INVOICING: An itemized invoice in duplicate shall be mailed to requesting County department in
accordance with invoicing instructions included in each order referencing this Agreement. The Agreement
number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days.
PROCUREMENT AGREEMENT NUMBER: P-20-449 Page 2
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INVOICE TERMS: Net forty-five (45) days from the receipt of invoice.
TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30) days written
notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory
services or supplies provided to the date of termination.
LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they
be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel
engaged in service covered by this Agreement.
AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased
goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible
condition all books, documents, papers, data files and other records related to its performance under this
contract. Such records shall be complete and available to Fresno County, the State of California, the federal
government or their duly authorized representatives for the purpose of audit, examination, or copying during
the term of the contract and for a period of at least three years following the County's final payment under the
contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records
must be retained in the manner described above until all pending matters are closed.
LIABILITY: The Contractor agrees to:
Pay all claims for damage to property in any manner arising from Contractor's operations under this
Agreement.
Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and
employees from any and all claims for damage or other liability, including costs, expenses (including
attorney’s fees and costs), causes of action, claims or judgments resulting out of or in any way connected
with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this
Agreement, and from any and all costs and expenses (including attorney’s fees and costs), damages,
liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or
damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under
this Agreement.
INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any
third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following
insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two
Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars
($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific
coverage including completed operations, product liability, contractual liability, Explosion-Collapse-
Underground, fire legal liability or any other liability insurance deemed necessary because of the nature
of the contract.
B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should
include any auto used in connection with this Agreement.
C. Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the
California Labor Code.
Additional Requirements Relating to Insurance:
Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of
Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only
insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall
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apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers,
agents and employees shall be excess only and not contributing with insurance provided under Contractor's
policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days
advance written notice given to County.
Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts
paid by the policy of worker’s compensation insurance required by this Agreement. Contractor is solely
responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of
subrogation, but Contractor’s waiver of subrogation under this paragraph is effective whether or not
Contractor obtains such an endorsement.
Within Thirty (30) days from the date Contractor signs and executes this Agreement, Contractor shall provide
certificates of insurance and endorsement as stated above for all of the foregoing policies, as required
herein, to the County of Fresno, Department of Public Works and Planning Resources Division,
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, shall be excess only and not contributing with insurance provided
under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a
minimum of thirty (30) days advance, written notice given to County.
In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County
may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of
such event.
All policies shall be with admitted insurers licensed to do business in the State of California. Insurance
purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or
better.
COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish
proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence.
INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor
under this Agreement, it is mutually understood and agreed that Contractor, including any and all of
Contractor's officers, agents, and employees will at all times be acting and performing as an independent
contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint
venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise
or direct the manner or method by which Contractor shall perform its work and function. However, County
shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations
in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable
provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over
matters the subject thereof.
Because of its status as an independent contractor, Contractor shall have absolutely no right to employment
rights and benefits available to County employees. Contractor shall be solely liable and responsible for
providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor
shall be solely responsible and save County harmless from all matters relating to payment of Contractor's
employees, including compliance with Social Security, withholding, and all other regulations governing such
matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to
others unrelated to the County or to this Agreement.
NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or
duties under this Agreement without the written consent of the other party.
PROCUREMENT AGREEMENT NUMBER: P-20-449 Page 4
November 5, 2020
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AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractors and the County
with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments,
writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature
whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set
forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both
parties.
INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this
Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the
text of this Agreement (excluding Attachment A and Attachment B); (2) Attachment A and Attachment B
GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the
State of California. Venue for any action shall only be in County of Fresno.
Please acknowledge your acceptance by returning your corresponding signature page of this Agreement
to my office via email or USPS.
Please refer any inquiries in this matter to Erin Jones , Purchasing Technician, at 559-600-7120 or
ejones@fresnocountyca.gov
FOR THE COUNTY OF FRESNO
Gary E. Cornuelle
Purchasing Manager
333 W. Pontiac Way
Clovis, CA 93612
GEC:EJ
PROCUREMENT AGREEMENT NUMBER: P-20-449 Page 5
November 5, 2020
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CONTRACTOR TO COMPLETE:
Company:
Type of Entity:
Individual Limited Liability Company
Sole Proprietorship Limited Liability Partnership
Corporation General Partnership
Address City State Zip
TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS
Print Name &
Title: Print Name & Title:
Signature: Signature:
ACCOUNTING USE ONLY
ORG No.: 9140, 9180, 9196, 9208,
9259,9265,9206, 9231, 9166, 9351,
9275
Account No.: 7205
Requisition No.: 1402100035
(1/2020)
PROCUREMENT AGREEMENT NUMBER: P-20449
November 5, 2020
CONTRACTOR TO COMPLETE:
Company:Peter's Transportation,lnc
Page 5
T.vpe Of Entfty:
I Individual
I Sole Proprietorship
in Corporation
31679 Rocking Heart Ln
I Limited Liability Company
I Limited Liability Partnership
I General Partnership
Auberry CA 93602
Address
(559)269-3883
TELEPHONE NUMBER
Print Name &
Title:
Signature:
(559)855-3621
City
FAX NUMBER
Peter Nedevski/President
ACCOUNTING USE ONLY
ORG No.: 9140, 9180, 9196, 9208,
9259,9265,9206, 9231, 9166, 9351,
9275
Account No,: 7205
Requisition No.: 1402100035
(1/2020)
State Zip
sallytod911 @hotmail.com
E"AIL ADDRESS
Print Name & Title: Zlatoslava Atanasova/Secretary
Signature:
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2o-449-MASTER AGREEMENT sNcm REnyAL sER\/ICEs. Docx
PROCUREMENT AGREEMENT NUMBER: P-20-449 Attachment A
November 5, 2020
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AMENDMENTS\P-20-449-MASTER AGREEMENT SNOW REMOVAL SERVICES.DOCX
ATTACHMENT "A"
REQUIREMENTS / SCOPE OF WORK
DECEMBER THROUGH APRIL SNOW REMOVAL PERIOD: The snow removal period is
defined as beginning at 12:00 AM, December 1, through to 12:00 PM on 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 December 1:
1. Provide County staff with current certificates of insurance for all categories of
required coverage.
2. Conduct an inspection of the subject roadways accompanied by County Staff and
Citizen’s Advisory Council member to accomplish the following:
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 December 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
PROCUREMENT AGREEMENT NUMBER: P-20-449 Attachment A
November 5, 2020
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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.
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 December through April Snow Removal Period:
PROCUREMENT AGREEMENT NUMBER: P-20-449 Attachment A
November 5, 2020
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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.
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.
PROCUREMENT AGREEMENT NUMBER: P-20-449 Attachment B
November 5, 2020
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ATTACHMENT "B "
List of Vendors Total price for 2020-21 Snow Season
1. Sierra Snow Services Inc DBA Shaver Lake Snow Removal Co. $55,170.00
2. RJW Enterprises Inc. $69,563.00
3. Messer Logging Inc. $45,908.00
4. Peters Transportation Inc. $21,956.00
The service areas each vendor is responsible for and their corresponding prices are included
below.
Sierra Snow Services Inc. DBA Shaver Lake Snow Removal Co
Snow Removal Service Area(s) and Pricing
CSA 35-O Granite Ridge
Snow Season December 1, 2020 through April 30, 2021
Total 1 Year Contract Amount $28,292.00
Total Amount will be split into 5 equal monthly payments.
Monthly Payment Amount $5,658.40
CSA 35-V Musick Falls
Snow Season December 1, 2020 through April 30, 2021
Total 1 Year Contract Amount $15,560.00
Total Amount will be split into 5 equal monthly payments.
Monthly Payment Amount $3,112.00
PROCUREMENT AGREEMENT NUMBER: P-20-449 Attachment B
November 5, 2020
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AMENDMENTS\P-20-449-MASTER AGREEMENT SNOW REMOVAL SERVICES.DOCX
CSA 35 AK Woody Lane
Snow Season December 1, 2020 through April 30, 2021
Total 1 Year Contract Amount $2,830.00
Total Amount will be split into 5 equal monthly payments.
Monthly Payment Amount $566.00
CSA 35-CD Timber Ridge
Snow Season December 1, 2020 through April 30, 2021
Total 1 Year Contract Amount $8,488.00
Total Amount will be split into 5 equal monthly payments.
Monthly Payment Amount $1, 697.60
RJW Enterprises Inc.
Snow Removal Service Area(s) and Pricing
Bretz RD HWY 168 to Slick Rock Lane
Snow Season December 1, 2020 through April 30, 2021
Total 1 Year Contract Amount $6,986.00
Total Amount will be split into 5 equal monthly payments.
Monthly Payment Amount $1,397.20
CSA 35 AS Dogwood
Snow Season December 1, 2020 through April 30, 2021
Total 1 Year Contract Amount $48,902.00
Total Amount will be split into 5 equal monthly payments.
Monthly Payment Amount $9,780.40
PROCUREMENT AGREEMENT NUMBER: P-20-449 Attachment B
November 5, 2020
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AMENDMENTS\P-20-449-MASTER AGREEMENT SNOW REMOVAL SERVICES.DOCX
CSA 35 AT Bretz Mt. Village
Snow Season December 1, 2020 through April 30, 2021
Total 1 Year Contract Amount $9,431.00
Total Amount will be split into 5 equal monthly payments.
Monthly Payment Amount $1,886.20
Solitude Lane to Shave Lake WWTF (Part of CSA 35 AS)
Snow Season December 1, 2020 through April 30, 2021
Total 1 Year Contract Amount $4,244.00
Total Amount will be split into 5 equal monthly payments.
Monthly Payment Amount $848.80
Messer Logging, Inc.
Snow Removal Service Area(s) and Pricing
CSA 35-AG Wildflower Village I-V
Snow Season December 1, 2020 through April 30, 2021
Total 1 Year Contract Amount $45,908.00
Total Amount will be split into 5 equal monthly payments.
Monthly Payment Amount $9,181.60
PROCUREMENT AGREEMENT NUMBER: P-20-449 Attachment B
November 5, 2020
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Peter’s Transportation Inc.
Snow Removal Service Area(s) and Pricing
CSA 35-CI Quartz Mt.
Snow Season December 1, 2020 through April 30, 2021
Total 1 Year Contract Amount $21,956.00
Total Amount will be split into 5 equal monthly payments.
Monthly Payment Amount $4,391.20