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May 15, 2020 Dear Contractor: COUNTY OF ALPINE Public Works Brian Peters, Interim Director Alpine County Community Development Department is seeking proposals from California licensed/insured contractors for the performance of all the work and the furnishing of all the labor, materials, supplies, tools, and equipment for SNOW PACKING AND GROOMING IN COUNTY SERVICE AREA BEAR VALLEY, CA., JULY 1, 2020 - JUNE 30, 2025. The proposal is to be based on the enclosed Special Provisions - Specifications (Attachment A) and associated map. If you are interested in submitting a proposal, please complete the Payment Schedule (Attachment B) and per the contact information below mail, hand deliver or e-mail (faxes will not be accepted) to Alpine County Community Development by 2:00 p.m., Friday, June 12, 2020. It is recommended that you call to confirm receipt. This is a prevailing wage contract and DIR registration is required. Brian Peters, Director Alpine County Community Development Date Contact Information: Alpine County Community Development Attn: Debbie Burkett 50 Diamond Valley Road Markleeville, CA 96120 Phone: [PHONE REDACTED] ext. 432 [EMAIL REDACTED] 50 Diamond Valley Road, Markfeeville, CA 96120 (530) 694-2140 I Fax (530) 694-2149 www.alpinecountyca.gov ---PAGE BREAK--- 1 CONTRACT FOR PROVIDING SNOW PACKING AND GROOMING IN COUNTY SERVICE AREA #1 BEAR VALLEY JULY 1, 2020 – JUNE 30, 2025 COUNTY OF ALPINE STATE OF CALIFORNIA This agreement is entered into this day of July, 2020 by and between the County of Alpine, a political subdivision of the State of California (hereinafter County) and licensed by the State of California (hereinafter Contractor). W I T N E S S E T H SECTION 1. SPECIFIC TERMS AND CONSIDERATION. 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by Alpine County, the Contractor agrees with Alpine County to perform and complete in good faith and workmanlike manner all the work; to furnish at his sole cost and expense all materials, tools, equipment and facilities, and all labor and services necessary therefore, and to do everything required by this Agreement and Attachments. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Agreement and attached Special Provisions - Specifications and Payment Schedule, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in Attachment Special Provisions - Specifications and Attachment Payment Schedule, and Attachment Minimum Guarantee, Alpine County will pay and the Contractor shall receive compensation on an hourly basis per the attached Payment Schedule. 3. Alpine County hereby promises and agrees with the Contractor to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the Special Provisions, Specifications and Payment Schedule; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. Attachment Special Provisions – Specifications, Attachment Payment Schedule and Attachment Minimum Guarantee, copies of which are attached hereto, are hereby ---PAGE BREAK--- 2 incorporated into and made a part of this Agreement. SECTION 2. GENERAL PROVISIONS. 1. Default by Contractor. If the Contractor is in default of contract relative to prosecution of work, Alpine County may do the work and deduct the cost thereof from the payment due. 2. Liability Insurance, Worker’s Compensation, and Indemnity. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the policy shall be endorsed such that the general aggregate limit shall apply separately to this contract and a copy of the endorsement provided to Alpine County. Liability policies shall contain, or be endorsed to contain the following provisions: • Insurance. CONTRACTOR shall obtain insurance of the types and in the amounts described below and satisfactory to COUNTY. • Commercial General Liability Insurance. CONTRACTOR shall maintain occurrence version commercial general liability insurance of equivalent form with a combined single limit of [not less than $1,000,000 per occurrence]. If such insurance contains general aggregate limit, it shall apply separately to this Agreement or be no less than two times the occurrence limit. • Workers’ Compensation Insurance. CONTRACTOR shall maintain workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of [not less than One Million Dollars ($1,000,000) per accident]. • Additional Insureds. Such insurance shall name COUNTY, its officers employees, agents, and consultants, as Insureds with respect to performance of Services. Such insured status shall contain no special limitations of the scope of its protection to the above listed Insureds. All insurance shall be primary with respect to any insurance or self-insurance programs covering COUNTY, its officials, offices, employees, agents, and consultants and shall contain standard separation of Insureds provisions. Also insured verification shall be attached to contract and a copy on file with the County prior to commencement of any work by the CONTRACTOR. • Certificates of Insurance. CONTRACTOR shall, prior to commencement of the Services, furnish to COUNTY properly executed certificates of insurance and , if requested by COUNTY, certified copies of endorsements and policies, which shall clearly evidence all insurance required in this Section. CONTRACTOR shall not allow such insurance to be canceled, expire or be materially reduced in coverage except on 30 days’ prior written notice to COUNTY. ---PAGE BREAK--- 3 • Term of Coverage. CONTRACTOR shall maintain all insurance required by this Article. CONTRACTOR shall replace any policies, certificate., and endorsements for any insurance expiring prior to completion of the Services. • Licensed Insurer. CONTRACTOR shall place all insurance with insurers having an A.M. Best Company rating of no less that A:VIII and license to do business in California. In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that County may arrange for insurance coverage as specified, and Contractor further agrees that administrative and premium costs may be deducted from payments due to the Contractor. Responsibility for Damage As between Alpine County and Contractor, Contractor shall take and assume all responsibility for the work as stated herein. The Contractor shall bear all losses and damages directly or indirectly resulting to him to Alpine County, its officers, employees and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents or any other causes whatsoever. 3. Payment. All payments shall be paid by Alpine County within thirty (30) days of receipt of invoices for such work, upon approval by Alpine County Community Development Department. 4. Term of Contract. The term of this contract shall be for a period commencing with the execution of this contract and terminating upon June 30, 2025. This contract may be extended for an additional four years on a year to year basis upon mutual agreement of both parties. 5. Indemnification and Hold Harmless:. The Contractor shall defend, indemnify and hold the County, its elected officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any omissions, negligence or willful misconduct of Contractor , its officials, officers, employees, agents and subcontractors arising out of or in connection with the performance of the Services or this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the active negligence, sole negligence or willful misconduct of the County. Contractor shall defend, at Contractor’s own expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the County, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against County or its elected officials, ---PAGE BREAK--- 4 officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse County and its elected officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the County, its elected officials, officers, employees, agents or volunteers. 6. Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all Local, state and federal laws, rules, regulations and ordinances in any manner affecting the performance of the Services, including without limitation County business license requirements and all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be soley responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold County, its elected officials, officers employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of the Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 7. Prevailing Wages. Contractor is aware of the requirements of California Labor Code section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are subject to the Prevailing Wage Laws, Contractor agrees to fully comply with such Prevailing Wage Laws. 8. Execution of This Agreement constitutes a warranty that contractor is in full compliance with Labor Code section 1725.5. Contractor shall provide proof for registration with the Department of Industrial Relations prior to commencement of any work under this Agreement. Contractor further agrees that it shall keep registration under Labor Code section 1725.5 current during the original or any extended terms of this Agreement. 9. Equal Opportunity Employment. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation. 10. Labor Certificate. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 8700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of Services. SECTION 3. INTERPRETATION, JURISDICTION, AND PAROL EVIDENCE ---PAGE BREAK--- 5 1. Entire Agreement. This agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 2. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties and shall not be assigned by Contractor without the prior written consent of County. 3. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 4. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Any litigation filed with regard to this Agreement may only be brought in a court in Alpine County, California. No such litigation may be instituted by either party until they have met and conferred over any disputed issues and have sought mediation of any such dispute under mutually agreeable terms and conditions. 5. Time of Essence. Time is of the essence for each and every provision of this Agreement. 6. Delivery of Notices. All notices permitted or required under this Agreement shall be deemed made when delivered to the applicable party's representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: County: Contractor: Alpine County Community Development 50 Diamond Valley Road Markleeville, CA 96120 Attn: Debbie Burkett Such notice shall be deemed made when personally delivered or when mailed, forty-eight hours after deposit in the U.S. Mail, first class postage prepared, return receipt requested and addressed to the party at its applicable address. 7. Complete Agreement. This agreement contains all of the agreements and warranties of the parties with respect to any matter covered or mentioned in this agreement. No prior agreements, arrangements or understandings pertaining to such matters shall be effective for any purpose. No provision of this agreement may be amended or added to except by an agreement in writing signed by each party or each party's successor in interest. 8. No Presumption from Identity of Drafter. All parties to this agreement have been represented by counsel and are knowledge concerning such transactions hereof. Therefore, no presumption shall arise from the identity of the drafter. 9. Interpretation in Accordance with California Law. This agreement shall be construed in ---PAGE BREAK--- 6 accordance with the provisions of California law. Any provision of this agreement which proves to be invalid, or illegal, shall in no way affect, impair or invalidate any other provisions of this agreement, and such other provisions shall remain in full force and effect. 10. Termination. County may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Contractor may not terminate this Agreement except for cause. 11. Authority to Sign. Each party warrants to each other that he or she is fully authorized and competent to enter into this agreement in the capacity indicated by his or her signature and agrees to be bound by this agreement as of the effective date of this agreement. 12. Cumulative Remedies of Parties. In addition to any other rights or remedies, Contractor or the County may institute legal or equitable proceedings to cure, correct or remedy any default, to specifically enforce any covenant or agreement herein, to enjoin any threatened or attempted violation of the provisions of this agreement, or to obtain a judgment to determine the rights and responsibilities of the parties hereunder. Prior to initiating any such legal action, the party intending to seek such relief shall first give the other ten days written notice of its intent to seek such judicial relief and the reasons therefor. Upon the request of the other party receiving such notice, both parties shall then, within five days thereafter, meet and confer in good faith to attempt to resolve such dispute. If such dispute is not then resolved, the complaining party may then pursue judicial relief. COUNTY OF ALPINE Nichole Williamson, County Administrative Officer Approved as to Form: Debbie Burkett, Director of Community Development Margaret Long, County Counsel CONTRACTOR By ---PAGE BREAK--- 7 ---PAGE BREAK--- 1 ATTACHMENT SPECIAL PROVISIONS - SPECIFICATIONS SNOW PACKING AND GROOMING CSA JULY 1, 2020 -JUNE 30, 2025 1. SCOPE OF WORK: The Contractor shall furnish all equipment, tools, labor and materials necessary for County Service Area #1 as shown on the attached map. Roads/snow way areas shown in heavy black shall be kept in a smooth and compact manner at all times throughout the period of the contract as specified herein. Packing and grooming of any other area not specifically shown or authorized by the County shall be considered ptivate work and not a part of this contract. Private work shall be done only when equipment is available after release by the Bear Valley Maintenance Coordinator, from the work of this contract. The Contractor shall request approval from the County in advance for any private work to be performed with equipment under this contract. Time clock discs, as required by the Contract, shall not be in the time clock during any private work, if discs are found to be in the clocks they will be marked and they shall not be used for payment. .AJ.Tangements for p1ivate work shall be between the Contractor and the person ordering the work and shall not involve the County or its representatives as to responsibility or directing of the work. 2. PERIOD OF OPERATIONS/STANDARDS OF OPERATIONS: 1ne Contractor shall provide through ownership, lease, rental, or other a1Tangements the equipment necessary to complete the work set forthin this contract. Each piece of equipment shall be equipped with an operating time clock which shall record time of operation by means of a paper disc which will be a vvritten or graphic record of hours worked. Time clocks shall be installed and maintained in the following manner: a. Time clocks shall be installed in each piece of equipment used in the packing and grooming of snow pursuant to this contract. These clocks shall be inspected and calibrated at the beginning of each contract year. b. Time clocks will be maintained in good working order to insure accuracy. In the event of time clock failure, it shall be repaired and inspected ptior to the operation of the piece of equipment on which it is installed. c. Clocks, discs, installation, repair and inspection to be done at the expense of the Contractor. d. Discs will be signed by the operator of the piece of equipment assigned. The disc will also show the type/piece of equipment and the date and time the disc was placed into the clock and the date and time the disc was removed. e. Discs will run from midnight to midnight, unless authorized otherwise by County, not to exceed 24 how-s per disc. ---PAGE BREAK--- 2 f. Discs shall not be run during travel time or the operator shall clearly identify travel time as such on the disc. Travel time will not be paid for. 3. Sufficient equipment will be provided by the Contractor to insure safe and expedient snow packing and grooming. Equipment will be maintained in good working order and available for call out at any time during the contract year by the Bear Valley Maintenance Coordinator. In case of equipment failure or breakdown, the Contractor will provide backup equipment to ensure snow packing and grooming. The County will allow reasonable time for the repair of equipment at the discretion of the Bear Valley Maintenance Coordinator. Equipment that is inoperable and which cannot be repaired in a reasonable amount of time shall be immediately removed from Bear Valley. The Bear Valley Maintenance Coordinator shall be the judge of what constitutes reasonable time for repair. Contractor is responsible for all repairs of equipment. 4. All units of snow packing and grooming equipment shall be available with operator on a twenty-four (24) hour per day basis, seven days per week, with a twelve (12) hour fuel supply for each unit. Necessary snow packing and grooming equipment shall be in operation within one hour maximum after notification by the County's representative to begin snow packing and grooming. 5. The Contractor shall be paid for actual operating time only. He shall not be paid for stand-by time or travel time except on wdtten authodzation by the Director of Community Development. If stand-by time should be authorized by the Director ofConununity Development, operator's time only will be paid. 6. The Contractor-shall have on duty at all times during snow packing and grooming operations, a foreman or leachnan to direct the operation who shall be designated by the Contractor to receive directives from the Director of Community Development or the Bear Valley Maintenance Coordinator. It shall be the responsibility of the Contractor or his authorized representative to meet when requested during snow packing and grooming operations with the Bear Valley Maintenance Coordinator or other designated representative to discuss any matter pe1taining to the progress or condition of the work. The Contractor shall provide a two way radio for each piece of equipment with band frequency of approximately 156.225 megahe1tz. The County shall approve the frequency for compatibility with County radios. The Contractor shall have each radio operational at all times during snow packing and grooming so that the County can contact the operators of the equipment. ---PAGE BREAK--- 3 7. The Contractor shall provide in writing specificationsof exact equipment, its age, condition and ownership that they have available and will be used for the work specified. All equipment shall be in good working condition without leaks of fuel, oil, coolant, hydraulic fluid or other hazardous materials. 8. The Contractor shall provide day labor to maintain clear of snow all fire hydrants and standpipes within the snow packing and grooming area after every storm and/or once per twenty-four (24) hour period duiing a storm, which ever is less. The Contractor shall make every effort to not plow, push or groom snow at fire 9. The Bear Valley Maintenance Coordinator shall have authority to direct all snow packing and grooming operations, as to when snow packing and grooming will begin, end and how much and what type of equipment and personnel will be used by the Contractor. Unless otherwise instructed, the Contractor will pack and groom the snow on al1the designated roads and snow ways by whatever means necessary. 10. Billing for payment of work performed will be submitted to the Bear Valley Maintenance Coordinator along with time clock discs, not later than the 15th of the month and will include work performed during the preceding month. Billing will be reviewed and certified by the Bear Valley Maintenance Coordinator and forwarded to the Director of Community Development. 11. Casual Labor. The Contractor will provide casual laborers to perform labor directed by the Bear Valley Maintenance Coordinator. This labor will include locating and removing snow from fire hydrants and standpipes in a manner which will insure fast and efficient access and use in case of emergency. 12. Damage to roads and other County prope1ty as a result of the Contractor's equipment and method of operation shall be the responsibility of the Contractor to repair to the satisfaction of the Director of Community Development. 13. The County shall provide an area for the Contractor's equipment storage during the snow packing and grooming season. It shall be the Contractor's responsibility to maintain this area for snow packing and grooming; free from hazardous materials, fuel and oil spills; and in a neat and workman like manner. At the end of each snow season, as determined by the Director of Community Development, the Contractor shall remove all equipment and materials from County property and shall also leave the property clean and free of all hazardous materials. 14. The County reserves the right to authorize the opening of County roads when deemed necessary, which includes the opening of any or all roads within the ---PAGE BREAK--- 4 County Service Area boundary, from time to time within the terms of the snow packing and grooming contract. 15. The Contractor shall, at his expense, obtain all necessary permits and licenses, easements, etc, necessary to the performance of the work described, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rnles and regulations relating to the work and to the preservation of the public health and safety. 16. Contractor shall monitor snowfall and depth. Contractor shall begin snow packing and grooming when the depth of snow reaches six inches. Packing and grooming shall be completed by 7:00 a.m. unless an extension of time is authorized by the Bear Valley maintenance Coordinator. 17. Should the County at any time during the progress of said work request any alterations, deviations, additions, or omissions from said specifications, or contract, it shall be at liberty to do so, and the same shall in no way affect or make void the contract. Under the terms of this contract the snow packing and grooming areas may be increased or decreased at the sole discretion of the County, no changes shall be made to the minimum guarantee nor to the hourly rates under such a change. No extra work shall be performed or change be made unless in pursuance of a written order from the County, stating that the extra work or change is authorized and no claim for an addition to the contract sum shall be valid unless so ordered. 18. The Bear Valley Maintenance Coordinator shall direct Contractor as to the amount of work to be perfonned, the method of work, the location, the commencement time and the cessation time of such work. ---PAGE BREAK--- Attachment ALPINE COUNTY CONTRACT FOR PROVIDING SNOW PACKING AND GROOMING IN COUNTY SERVICE AREA #1 PAYMENT SCHEDULE HOURLY RATES PER HOUR LABOR RATES This Snow Packing and Grooming Payment Schedule ismade with the understanding that each of the hourly rates include all costs for overhead, administration, licenses, taxes, insurance, equipment repair and fuel. . FISCAL YEAR: SNOW PACKING AND GROOMING HOURLY RATE 2020/21 2021/22 2022/23 2023/24 . 2024/25 HOURLY RATE: PER HOUR, PER LABORER RATE FOR SNOW REMOVAL AT FIRE HYDRANTS AND STANDPIPES IN PACKING AND GROOMING AREAS . FISCAL YEAR: 20020/21 2021/22 2022/23 2023/24 2024/25 HOURLY RATE: ---PAGE BREAK--- ATTACHMENT ALPINE COUNTY CONTRACT FOR PROVIDING SNOW PACKING AND GROOMING IN COUNTY SERVICE AREA #1 BEAR VALLEY PAYMENT SCHEDULE MINIMUM GUARANTEE Alpine County will pay to Contractor the minimum guarantee whether sufficient hours are worked, or not, due to lack of snow fall. Contractor to invoice County on a basis, in arrears, by the 15th day of the following month when the minimum guarantee isdue. The minimum guarantee will be as follows: October $1,000.00 November $1,000.00 December $1,000.00 January $1,000.00 February $1,000.00 Total Per Season $5,000.00 ---PAGE BREAK--- BEAR VALLEY' CA OPl!NSt'ACE