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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 November 5, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-449 MASTER AGREEMENT SNOW REMOVAL SERVICES\CONTRACTS & AMENDMENTS\P- 20-449-MASTER AGREEMENT SNOW REMOVAL SERVICES.DOCX 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 PROCUREMENT AGREEMENT NUMBER: P-20-449 Page 3 November 5, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-449 MASTER AGREEMENT SNOW REMOVAL SERVICES\CONTRACTS & AMENDMENTS\P- 20-449-MASTER AGREEMENT SNOW REMOVAL SERVICES.DOCX 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 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-449 MASTER AGREEMENT SNOW REMOVAL SERVICES\CONTRACTS & AMENDMENTS\P- 20-449-MASTER AGREEMENT SNOW REMOVAL SERVICES.DOCX 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 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-449 MASTER AGREEMENT SNOW REMOVAL SERVICES\CONTRACTS & AMENDMENTS\P- 20-449-MASTER AGREEMENT SNOW REMOVAL SERVICES.DOCX 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: G :\puBLIC\CchrTRACTS & EXTRAcrs\2020 ConRACTS\P-20-449 l\rIASTER AGREEMENT SNow REMOVAL SER\/ICES\CONThACTS & AVENINENTS\P- 2o-449-MASTER AGREEMENT sNcm REnyAL sER\/ICEs. Docx PROCUREMENT AGREEMENT NUMBER: P-20-449 Attachment A November 5, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-449 MASTER AGREEMENT SNOW REMOVAL SERVICES\CONTRACTS & 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 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-449 MASTER AGREEMENT SNOW REMOVAL SERVICES\CONTRACTS & AMENDMENTS\P-20-449-MASTER AGREEMENT SNOW REMOVAL SERVICES.DOCX 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 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-449 MASTER AGREEMENT SNOW REMOVAL SERVICES\CONTRACTS & AMENDMENTS\P-20-449-MASTER AGREEMENT SNOW REMOVAL SERVICES.DOCX 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 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-449 MASTER AGREEMENT SNOW REMOVAL SERVICES\CONTRACTS & AMENDMENTS\P-20-449-MASTER AGREEMENT SNOW REMOVAL SERVICES.DOCX 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 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-449 MASTER AGREEMENT SNOW REMOVAL SERVICES\CONTRACTS & 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 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-449 MASTER AGREEMENT SNOW REMOVAL SERVICES\CONTRACTS & 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 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-449 MASTER AGREEMENT SNOW REMOVAL SERVICES\CONTRACTS & AMENDMENTS\P-20-449-MASTER AGREEMENT SNOW REMOVAL SERVICES.DOCX 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