Document alpinecountyca_gov_doc_9ecb36127c

50 Diamond Valley Road, Markleeville, CA 96120 (530) 694-2140 / Fax (530) 694-2149 www.alpinecountyca.gov Brian Peters, Director COUNTY OF ALPINE Community Development NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN THAT SEALED BIDS for BEAR VALLEY SNOW REMOVAL SERVICES IN ALPINE COUNTY, CALIFORNIA will be received at the office of the County Clerk of the County of Alpine, California until 2:00 PM on September 10, 2019, at which time they will be publicly opened and read. Each bid shall be in accordance with the attached SCOPE OF SERVICES,PROPOSAL AND CONTRACT DOCUMENTS Bids may be mailed to the County Clerk at P.O. Box 158, Markleeville, California 96120 or delivered to the County Clerk, 99 Water Street, Markleeville, CA 96120; however, bids must be received by the County Clerk prior to the time set for the bid opening or they may not be considered. Principle features of the work include furnishing all equipment, tools, labor and materials necessary for removal of snow from certain roads and parking areas Bear Valley, California as described in the SCOPE OF SERVICES. Sufficient heavy equipment is to be provided by the Contractor to insure safe and expedient snow removal. If the Contract is to be awarded, Alpine County will award the Contract to the lowest cost responsive bid. Lowest cost shall be based on the total cumulative rate from the Bid Schedule. Alpine County in its sole discretion reserves the right to reject any and all Bids, or waive any errors or discrepancies in the Bids. Questions Contact: Brian Peters [PHONE REDACTED] [EMAIL REDACTED] COUNTY OF ALPINE: Brian Peters, Community Development Director ---PAGE BREAK--- Scope of Services for Bear Valley Snow Removal 1. Supervision and Management The Bear Valley Department of Public Safety (“Department”) shall direct the work of the Contractor. The Alpine County Sheriff shall designate a representative of the Department to be the primary contact with the Contractor. The Contractor shall designate a supervisor or lead worker to direct the operation and receive directives from the Department. It shall be the responsibility of the supervisor or lead worker as designated by the Contractor to be on duty at all times during snow removal operations and to be available to meet at least once each day during snow removal operations with the designated representative of the Department to discuss any matter pertaining to the progress or condition of the work. The Department shall have authority to direct all snow removal operations, as to when snow removal will begin, end, and how much and what type of equipment and personnel will be used by the Contractor. 2. Location of Work The work shall take place with the community of Bear Valley on County-owned roads and County- owned parking areas as shown in Exhibits A and B attached hereto. Work not specifically listed in this scope of services, or work for any entity other than Alpine County shall not be part of this contract. Tier 1 (As shown on Exhibit A and listed below): Tier 1 roads and areas shall be kept clear of snow at all times throughout the period of the contract as specified herein. • Portions of Bear Valley Road • Portions of Creekside Drive • Portions of Quaking Aspen Road • No Name Road • Station House Road from Highway 4 access point to Lombardi Road intersection • Parking and access drives around the Bear Valley Public Safety Building (Sheriff’s Sub-Station) • Parking Lot Areas A, B and C • South Parking Lot • Library Parking Lot • No Name Parking Lot - Area between the Bear Valley Commercial Center and Creekside Drive • Ski Area Shuttle Stop (in lodge lot off of No Name Road) • VC-2 parking area north of No Name Road • Solid Waste Transfer Station (dumpsters) on Creekside Drive Tier 2 (As shown on Exhibit B and listed below) Tier 2 roads shall normally be kept clear during the first part of the winter season until closure as directed by the Department. Tier 2 roads shall normally be opened as directed by the Department at the end of the winter season and shall be maintained clear thereafter. However, the Department may order Tier 2 roads to be opened and maintained by the Contractor at any time during a light winter or unusual warm period. This work shall be considered part of the contract minimum payment. ---PAGE BREAK--- o Avalanche Road o Bear Valley Road o Bloods Ridge Road o Creekside Drive o Cub Lane o Road o Fremont Road o John Ebbetts Road o Lake Road o Monty Wolf Road o Mule Ear Road o Orvis Road o Quaking Aspen Road o Schimke Road o Snowshoe Road o Spring Cliff Road o Upper Avalanche Road o Upper Snowshoe Road 3. Equipment Sufficient heavy equipment as specified below, or as approved by the Department as an acceptable alternate, shall be provided by the Contractor to insure safe and expedient snow removal. Equipment shall be maintained in good working order and available for call out at any time during the contract year by the Department. In case of equipment failure or breakdown, the Contractor will provide backup equipment to ensure snow removal. The Department will allow reasonable time for the repair of equipment at the discretion of the Department. Equipment that is inoperable and which cannot be repaired in a reasonable amount of time shall be immediately removed from Bear Valley. The County shall be the judge of what constitutes reasonable time for the repair. Alternate equipment, equivalent in capacity to the equipment specified may be proposed. If alternate equipment is provided, the hourly operating rates shall be the same as the rates set forth in the proposal for similar equipment. If different or additional equipment than that specified is required for any operation of the work of this contract, such equipment shall not be used in the work until the hourly rate is agreed to by the Director of Community Development. Acceptance of the proposed hourly operating rate will be given in writing by the Director of Community Development. Specified Equipment: • One five-ton truck snow plow unit equipped with all-wheel drive • One all-wheel drive motor grader with a 13’ long center blade • One rotary snow blower with a manufacturer’s rating of 1200 tons per hour or greater mounted on suitable loader or truck; equipped with directional chute to have controls for vertical and horizontal direction from the cab • One front-end rubber-tired loader with a minimum four cubic yard bucket or equivalent. The loader bucket may be three cubic yards if equipped with side board type modifications to increase bucket capacity to a four cubic yards minimum. All rubber tired equipment shall have approved snow and/or traction type tires on all drive wheels. All tires shall have useable tread depth to function as designed. Tire chains shall be provided and installed by the contractor on all drive wheels during snow removal operations. Tire chains shall be of standard manufacture and design so that a minimum of one cross-link chain is in contact with the ground at all times. The County shall provide an area for the Contractor's equipment storage during the snow removal season. It shall be the Contractor's responsibility to maintain this area for snow removal; free from hazardous materials, fuel and oil spills; and in a neat and workman like manner. At the end of each ---PAGE BREAK--- snow season as determined by the Department, the Contractor shall remove all equipment from County property prior to final payment. 4. Snow markers and Signs The Contractor shall provide 320 standard type metal snow markers in good condition. The markers shall be approximately ten (10) feet in length with holes for the mounting of signs and shall be approved by the Department prior to installation. Samples of the approved type of snow pole are available from Alpine County Community Development. Snow markers shall be installed each year prior to commencing snow plowing services for the season Markers shall be installed at all fire hydrants, culverts, drainage areas and intersections at all other locations as directed by the Department. Snow markers shall be removed each year following the conclusion of snow plowing services for the season. Traffic control and parking signs provided by the County shall be mounted on the snow markers by the Contractor. These signs shall also be maintained by the Contractor as directed by the Department. Each sign will be secured to the snow marker with no less than two bolts and nuts. Nuts will be secured with lock washers. Bolts, nuts, and washers for installation of the signs will be provided by the County. It shall be the responsibility of the Contractor to maintain in a safe, visible and readable manner all traffic control signs and parking signs as furnished by the County. The Contractor shall be responsible for signs and snow markers and shall immediately repair and/or replace any damaged signs or snow markers. The Contractor will not be held responsible for vandalism or damage beyond his control. The Contractor shall be responsible for signs and snow poles damaged by his operation and shall be billed for the cost of such and the amount shall be deducted from the final payment for the fiscal year. Maintenance and installation of signs and snow markers shall be considered a part of the minimum payment amount under this contract. 5. Snow removal operations ALL UNITS OF SNOW REMOVAL EQUIPMENT SHALL BE AVAILABLE WITH OPERATOR ON A TWENTY-FOUR (24) HOUR PER DAY BASIS, SEVEN DAYS PER WEEK, WITH A MIMIMUM TWELVE (12) HOUR FUEL SUPPLY FOR EACH UNIT. SUFFICIENT EMPLOYEES AND SNOW REMOVAL EQUIPMENT SHALL BE IN OPERATION WHEN THE SNOW DEPTH REACHES THREE INCHES OR WITHIN ONE HOUR MAXIMUM AFTER NOTIFICATION BY THE DEPARTMENT TO BEGIN SNOW REMOVAL. IT IS THE CONTRACTOR'S RESPONSIBILITY TO KNOW THE SNOW DEPTH AND RESPOND WITHOUT NOTICE. If the Contractor or Contractor's agent receives notice, via telephone or personal, from the County to begin work the Contractor shall have sufficient employees and equipment at the job site no later than hour from the notice. Contractor shall at all times have a representative available to receive notice from the County. Should snow removal operations have not begun by the time the snow depth has reached six inches and/or within one hour of notice by the County, it shall be considered a default on the part of the Contractor and County may engage other contractors to commence snow removal operations and the cost of such work shall be deducted from the monies due Contractor herein. Travel time to and/or from Bear Valley shall not be paid for. Snow removal operations shall result in all the roads and locations as listed in Section 1 being usable and passable in safe manner for the purposes that they are intended. Accordingly and unless ---PAGE BREAK--- otherwise instructed by the Department, the Contractor shall remove the snow from the designated roadways and parking lots in the most efficient and economical method possible. The Contractor shall maintain clear of snow all fire hydrants, standpipes and drainage openings at culverts within the snow removal area after every storm and/or once per twenty-four (24) hour period during a storm, whichever is less. The Contractor shall make every effort to not plow, push or blow snow at fire hydrants or into streams and drainage areas. It is the responsibility of the Contractor to map all hydrants for clearing. Contractor will be considered in default of the contract for failure to dig out snow in the manner described herein. The Contractor's snow removal operations and shift schedules shall be such that normal cleanup and snow berm removal are completed by eight a.m. The Contractor's work and method of operation shall not plow or blow snow onto or within any of the following areas: Bear Valley entrance sign on Highway 4; carved bears at the entrance to Bear Valley; buildings; other signs; and private driveways. In the event of heavy snow fall and loss of sufficient snow storage along roads and parking areas additional snow storage areas may be designated by the County. Where an area for snow storage must be designated, such area will be designated by the Department. Damage to roads and parking areas resulting from 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 prior to final payment. 6. Time Tracking for Contractor Billing Each piece of equipment shall have a reliable means of recording time tracking of equipment operating times in the performance of work under this contract. Acceptable means include a mechanical clock/recording disc system or a digital GPS based system. Time tracking devices shall be installed in each piece of equipment used in the removal of snow pursuant to this contract. These devices shall be inspected and calibrated at the beginning of each contract year. Time tracking devices will be maintained in good working order to insure accuracy. In the event of a time tracking device failure it shall be repaired and inspected prior to the continued operation of the piece of equipment on which it is installed. Time tracking device installation, repair and inspection shall be done at the expense of the Contractor. Output reports from the time tracking device shall be provided for each 24 hour period of operation beginning at 12:00 a.m. The output report shall be signed by the operator of the piece of equipment assigned. The output report shall identify the piece of equipment and the date/time the equipment was placed into and out of service for the 24 hour period. Time tracking devices shall not be run during travel time to or from Bear Valley or the operator shall clearly identify travel time as such on the output report. Travel time will not be paid by the County. ---PAGE BREAK--- Casual or manual labor work required under this contract shall be paid on an hourly basis at the rate as established in this contract. This work shall include installation of snow markers, signs and manual snow removal as required. 7. Work For Other Clients The Contractor shall not be restricted from providing private snow removal services to residents or other clients within the Bear Valley area. However, any such work shall be considered secondary to the services and work performed under this contract and shall not impede, restrict, or conflict with the timely removal of snow areas covered by this contract. 8. Minimum Payment Schedule County will pay a minimum of Eighty Thousand Dollars ($80,000) in accordance with the schedule shown below through each fiscal year that said bid is in force and effect. The minimum payment shall be reduced by any amounts paid or, payable to any person; entity, or corporation, for snow removal work performed under this contract. Month Minimum Payment Accumulated Minimum October $10,000 $10,000 November $10,000 $20,000 December $10,000 $30,000 January $10,000 $40,000 February $10,000 $50,000 March $10,000 $60,000 April $10,000 $70,000 May $10,000 $80,000 TOTAL $80,000 $80,000 (Examples: 1. $7000 of snow removal work done in October, minimum payment reduced by $7,000, contractor is paid $7000 for work performed and $3000 minimum for a total payment to the contractor of $10,000; 2. $12,000 of snow removal work is done in October, minimum payment is reduced by full amount of minimum = 10,000, and contractor is paid a total of $12,000). 9. Annual Cost Adjustment For each of year of the contract subsequent to Fiscal Year 2019-20, the rates paid pursuant to the contract will be adjusted based on the Consumer Price Index (CPI) All Urban Consumers for San Francisco-Oakland-Hayward, 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: release/consumerpriceindex_sanfrancisco.htm as follows: The rates for each subsequent fiscal year will be adjusted based on the annual average CPI as reported for July of each year up to a maximum rate adjustment of FIVE PERCENT The adjusted rate will be carried out to one-tenth of one percent. Rates will not be changed or decreased if the CPI is negative. 10. Term of Contract The initial term of the contract shall be three years, expiring on June 30, 2022. Upon expiration of the initial term, the County and the Contractor may mutually agree to one extension of five years, resulting in a contract term that will expire on June 30, 2027. ---PAGE BREAK--- Alpine County GIS All data displayed on this m ap is regarded as planning or resource level inform ation specifically for use by Alpine County. Alpine County does not warrant in any way the accuracy, currency, usage or interpretation of the inform ation displayed. 7/26/2019 zwood Bear Valley Snow Plowing Contract M ap Exhibit A Tier 1 Snow Rem oval Areas ¹ S no w sh oe Rd ho e Rd Bloo ds Ridge Rd Av ala nche Rd A lp ine D r L om b ardi Ln S cen ic B y wy C u b Ln Bear Va lle y R d Cre eksi de Dr Qu a ki n g As pen Rd Schim ke R d S c h i No Nam e R d O rvi s R d To ll Ga te Rd Ebbetts Pass Scenic Bywy Bear Valley South Parking Lot Parking Lot A No Nam e Rd Parking Lot Library Parking Lot Parking Lot B Parking Lot C Lodge Parking Lot Sub-Station Parking Lot Creekside and Transfer Station VC-2 Parking Station House Lodge Bus © OpenStreetM ap (and) contributors, CC-BY-SA, Sources: Esri, HERE, Garm in, FAO, NOAA, USGS, © OpenStreetM ap contributors, and the GIS User Com m unity Tier 1 Snow Plowed by Contractor 0 500 1,000 250 Feet ---PAGE BREAK--- Alpine County GIS All data displayed on this m ap is regarded as planning or resource level inform ation specifically for use by Alpine County. Alpine County does not warrant in any way the accuracy, currency, usage or interpretation of the inform ation displayed. 7/26/2019 zwood Bear Valley Snow Plowing Contract M ap Exhibit B Tier 1 and Tier 2 Snow Rem oval Areas ¹ Bear Valley Station House Highway 4 Bear Valley Station House John Ebbetts Eberhardt Quaking Aspen Snowshoe Orvis Schim ke Cub Toll Gate M onte Vista Lom bardi Bloods Ridge M ule-ear Spring Cliff Lake Avalanche Alpine 07N40Y Frem ont Creekside M onty W olf South Parking Lot Parking Lot A No Nam e Rd Parking Lot Library Parking Lot Parking Lot B Parking Lot C Lodge Parking Lot Sub-Station Parking Lot Creekside and Transfer Station VC-2 Parking Station House © OpenStreetM ap (and) contributors, CC-BY-SA, Sources: Esri, HERE, Garm in, FAO, NOAA, USGS, © OpenStreetM ap contributors, and the GIS User Com m unity Tier 1 Snow Plowed by Contractor Tier 2 Snow Plowed by Contractor 0 500 1,000 250 Feet ---PAGE BREAK--- PROPOSAL Alpine County Board of Supervisors 99 Water Street P.O. Box 158 Markleeville, CA 96120 Gentlemen: Pursuant to your Notice to Bidders for BEAR VALLEY SNOW REMOVAL SERVICES, and the SCOPE OF SERVICES, PROPOSAL AND CONTRACT DOCUMENTS now on file with the Community Development Department, Submitted by Print Contractor Name and Company Principal Office Address: Person to contact for additional information on this bid: Name: Address: Phone: Email: (Contractor Signature) Hereby offers and agrees to do all the work and furnish all of the labor, services, equipment, and materials required for the above named work in full accordance with the terms of said SCOPE OF SERVICES, PROPOSAL AND CONTRACT DOCUMENTS for prices as stated in the BID SCHEDULE attached hereto. ---PAGE BREAK--- BID SCHEDULE The bidder shall fill in the following forms designating subcontractors and experience and financial qualifications and shall submit a complete bid. Unit prices shall be written in figures. All equipment shall be located in and remain in Bear Valley during the period for October to May of each year. PROPOSAL TO PROVIDE SNOW REMOVAL SERVICE IN BEAR VALLEY, DURING THE PERIOD FROM DATE OF EXECUTION TO JUNE 30, 2022 ALL EQUIPMENT SHALL BE IN A GOOD WORKING CONDITION EQUIVALENT TO THE DESIGN CAPABILITIES OF THE EQUIPMENT WHEN NEW. Minimum Requirement Hourly Rate for Fiscal Year 2019-20* One five-ton truck snow plow unit equipped with all- wheel drive One all-wheel drive motor grader with a 13’ long center blade One rotary snow blower with a manufacturer’s rating of 1200 tons per hour or greater mounted on suitable loader or truck; equipped with directional chute to have controls for vertical and horizontal direction from the cab One front-end rubber-tired loader with a minimum four cubic yard bucket or equivalent. The loader bucket may be three cubic yards if equipped with side board type modifications to increase bucket capacity to a four cubic yards minimum Casual or manual labor work required under this contract (other than equipment operations, must be fully burdened rate to include employer provided benefits and other costs)** Rate/marker for Fiscal Year 2019-20* Snow markers furnished, installed and removed (rate per snow marker, estimated 320 required) CUMULATIVE RATE (Sum of the individual rates shown for all of the above categories – included solely for the purpose of determining lowest cost bid) * The rates for each subsequent fiscal year will be adjusted based on the annual average CPI as reported for July of each year up to a maximum rate adjustment of FIVE PERCENT Rates will not be changed or decreased if the CPI is negative. Rates paid to the employee must be the appropriate prevailing wage in accordance with the requirements of the California Department of Industrial Relations ---PAGE BREAK--- The undersigned has checked carefully the above figures and understands that the County will not be responsible for any errors or omissions on the part of the undersigned in making up the contract unit prices. The undersigned understands that the rates set forth in the BID SCHEDULE include all costs for overhead, profit and administration. The undersigned further agrees if this proposal is accepted by the County, and if a contract for performance of the work is entered into between the County and the undersigned, to so plan the work and prosecute it with such diligence that all of the work shall be completed in accordance with the provisions set forth herein. The first day of work shall be the date the Community Development Director gives the Notice to Proceed. WITNESS OUR HANDS this of 2019 Signature of bidder or bidders, with business addresses: NOTICE: If the bidder is a corporation, attach a certified copy of the bylaws, resolution or minute order of the board of directors of the corporation authorizing said person to execute for the firm. ---PAGE BREAK--- EXPERIENCE AND FINANCIAL QUALIFICATIONS The following statement as to experience and financial qualifications of the contractor are submitted in conjunction with the proposal as a part thereof and the truthfulness and accuracy of the information is guaranteed by the contractor. In addition to possessing the required CSLB license, the Contractor is required to have a current registration with the California Department of Industrial Relations. The contractor has been engaged in the contracting business under the present business name for years. Experience in work of a nature similar to that covered in this contract extends for a period of California Contractor’s License California Department of Industrial Relations Registration Number: The contractor, as a contractor, has never failed to satisfactorily complete a contract awarded to him, except as follows: (name any and all exceptions and reasons therefor). The following contracts have been satisfactorily completed in the last three years for the person, firm or authority indicated, and to whom reference is made (name five contracts). Year Type of Work Contract Amount Location and for Whom Performed List snow removal experience or similar experience of all employees; these shall be subject to County approval. New employees shall also be subject to County approval for experience. Name of Employee Type of Experience # of Years Attach additional sheets if necessary. ---PAGE BREAK--- Page left blank intentionally ---PAGE BREAK--- EXPERIENCE AND FINANCIAL QUALIFICATIONS – Continued The following is a list of plant and equipment to be furnished by the bidder and which is definitely available for use on the proposed work as required: Quantity Name, Type, Age, Capacity Condition Location Rent/Own/Lease Attach additional sheets if necessary. The Director of Community Development or his authorized representative reserves the right to inspect the equipment to be provided by the Contractor for compliance with this contract. Such inspection, however, shall not relieve the Contractor of the responsibility to provide and maintain the equipment in a condition adequate to perform the work required by this contract in an efficient manner. The County shall determine and approve the equipment's adequacy to perform the work and compliance with the minimum requirements of this contract. Equipment that is found to not comply with the Contract requirements shall be removed and replaced with equipment meeting the requirements. ---PAGE BREAK--- DESIGNATION OF SUBCONTRACTORS In compliance with the provisions of Section 4100-4107 of the Government Code of the State of California and any amendments thereof, and Part II, Section I, Article 5 of the General Provisions, the bidder shall set forth below the name and the location of the mill, shop or office of each subcontractor who will perform work or labor or render service to the contractor in or about the construction of the work or improvement to be performed under these specifications, and portion of the work which will be done by each subcontractor. If the Contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work as to which no subcontractor was designated in the original bid shall be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the owner. Subcontractors are required to be registered with the California Department of Industrial Relations. This is in addition to have the required CSLB license. Subcontractor Information Name & Location of CSLB License/ Portion of Subcontractor’s Business DIR Registration # Work to be Done___ ---PAGE BREAK--- BIDDERS BOND Each bid must be accompanied by cash, certified or cashier’s check or bidder’s bond made payable to Alpine County for an amount equal to at least Ten Thousand Dollars ($10,000.00), such guarantee to be forfeited should the bidder to whom the contract is awarded fails to enter into the contract. No bid will be accepted from a contractor who is not licensed in accordance with the provisions of Chapter 9, Division 111, of the Business and Professions Code. A certified check, cashier’s check, cash or bid bond in the amount of Ten Thousand Dollars ($10,000.00) must be enclosed in the same envelope with the proposal. The form to be used for the bidders bond is included herein. ---PAGE BREAK--- BID BOND WHEREAS WE, THE UNDERSIGNED Contractor as Principal; and as Surety, are hereby held and bound unto ALPINE COUNTY, hereinafter called the County, in the sum of payment of which sum, well and to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to the County a certain Bid attached hereto and hereby made a part hereof, to enter into a Contract in writing, for the following: PROVIDING BEAR VALLEY SNOW REMOVAL SERVICES IN ALPINE COUNTY, CALIFORNIA NOW THEREFORE, If the bid is accepted and the Principal shall sign and deliver a Contract, in the form of the Contract attached hereto and shall execute and deliver Performance and Payment Bonds in the forms attached hereto and shall deliver proof of insurance (all completed in accordance with the Contract Documents), and shall in all other respects perform the agreement created by the acceptance of the Bid; Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all default of the Principal hereunder shall be the amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the County may accept such Bid, and said Surety does hereby waive notice of any such extension. IN WITNESS THEREOF, the above-bounded parties have executed this instrument under their several seals this day of 2019, the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body. ---PAGE BREAK--- (Contractor as Principal) (Seal) [Name] [Title] (Surety) (Seal) [Name] [Title] ---PAGE BREAK--- This CONTRACT, made and entered into this day of 20__, between Alpine County, California (hereinafter COUNTY) and licensed by the State of California (hereinafter CONTRACTOR). WHEREAS, the Board of Supervisors of Alpine County has awarded a contract to Contractor for performing the work described in the SCOPE OF SERVICES, PROPOSAL AND CONTRACT DOCUMENTS), in accordance with the sealed proposal of said Contractor. W I T N E 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 furnish all materials and labor 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 (except such materials, if any, as in the said SCOPE OF SERVICES, PROPOSAL AND CONTRACT DOCUMENTS are stipulated to be furnished by Alpine County), and to do everything required by this CONTRACT in the manner designated in and in strict conformance with SCOPE OF SERVICES, PROPOSAL AND CONTRACT DOCUMENTS prepared by the Community Development Department and adopted by the County, the items and quantities of which are more particularly set forth in the Contractor’s bid therefor on file in the office of the County Clerk in the manner and upon the conditions set forth in the SCOPE OF SERVICES, PROPOSAL AND CONTRACT DOCUMENTS 2. For furnishing all said materials and labor, tools and equipment, utility and transportation services, and doing all the work contemplated and embraced in this CONTRACT, 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 until its acceptance by Alpine County, 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, except such as in the said SCOPE OF SERVICES, PROPOSAL AND CONTRACT DOCUMENTS are expressly stipulated to be borne by Alpine County; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in said SCOPE OF SERVICES, PROPOSAL AND CONTRACT DOCUMENTS, Alpine County will pay and the Contractor shall receive compensation in accordance with the terms of the SCPOPE OF SERVICES, PROPOSAL AND CONTRACT DOCUMENTS. 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 CONTRACT FOR PUBLIC WORKS WITH LICENSED CALIFORNIA CONTRACTOR BEAR VALLEY SNOW REMOVAL SERVICES ---PAGE BREAK--- same at the time, in the manner and upon the conditions set forth in the SCOPE OF SERVICES, PROPOSALAND CONTRACT DOCUMENTS; 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. The SCOPE OF SERVICES, PROPOSAL AND CONTRACT DOCUMENTS, copies of which are attached hereto, are hereby incorporated into and made a part of this CONTRACT. 5. The contractor shall, on commencing operations, take all precautions required for public safety and shall observe all provisions of the SCOPE OF SERVICES, PROPOSAL AND CONTRACT DOCUMENTS. SECTION 2. BONDS The Contractor shall furnish a surety bond in an amount of Eighty thousand dollars ($80,000.00) as security for the faithful performance for the full term of this contract. The Contractor shall also furnish a separate surety bond in the amount of Forty Thousand Dollars ($40,000) as security for the payment of all persons, for furnishing materials, provisions, or other supplies used in, upon, for or about the performance of the work contracted to be done or for performing any work or labor thereon of any kind and for the payment of amounts due under the Unemployment Insurance Act with respect to such work or labor in connection with this contract and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond. All such bonds shall be issued by a California-admitted insurer, the status of which shall be verified and documented by Contractor and submitted to County prior to any commencement of work. The bonds shall be on the forms provided by the County in the SCOPE OF SERVICES, PROPOSAL AND CONTRACT DOCUMENTS. SECTION 3. GENERAL PROVISIONS. A. 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. Due to the serious public health and safety issues involved with snow removal, if at any time the County determines that said snow removal is being done in an unsatisfactory manner the County may take over the work and prosecute the same to completion by contractor by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and Contractor's surety shall be liable to the County for any excess cost occasioned the County thereby, and in such event , the County may without liability for so doing, take possession of and utilize in completing the work, such materials, appliances and other property belonging to the Contractor as may be on the site of the work and necessary therefor. B. Prevailing Wages Department of Industrial Relations Registration. California Department of Labor Relations prevailing wages for Public Works projects apply. Registration with the California Department of Industrial Relations is required on this project. ---PAGE BREAK--- C. Liability Insurance. Commercial General Liability Insurance shall be provided and endorsed such that the general aggregate limit shall apply separately to this contract and a copy of the endorsement provided to Alpine County. Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $2,000,000 per occurrence shall be provided. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for products and completed operations; contractual liability; third party action over claims; or cross liability exclusion for claims or suits by one insured against another. Liability policies shall contain, or be endorsed to contain the following provisions: General Liability and Automobile Liability Alpine County, its officers, officials, employees and volunteers shall be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope or protection afforded to Alpine County, its officers, officials, employees or volunteers. The Contractor's insurance coverage shall be primary insurance as respects Alpine County, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by Alpine County, its officers, officials, employees and volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Alpine County, its officers, officials, employees and volunteers. The Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Workers Compensation and Employer's Liability In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Workmen’s Compensation Insurance. By my signature, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workman's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing and throughout the performance of the work of this contract. ---PAGE BREAK--- A copy of said insurance policy shall be submitted to the County and kept current by the Contractor. The insurer shall agree to waive all rights of subrogation against Alpine County, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for Alpine County. All Coverage’s Each insurance policy required by this subsection shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days written notice by certified mail, return receipt requested, has been given to: Alpine County Community Development Attn: Brian Peters, Director 50 Diamond Valley Road Markleeville, CA 96120 All liability insurance shall be on an occurrence basis. Insurance on a claims-made basis will be rejected. Any deductibles or self-insured retentions shall be declared to and approved by County. The Insurer shall provide an endorsement to County eliminating such deductibles or self-insured retentions as respects Alpine County, its officials, employees and volunteers. Contractor shall furnish to County certificates of insurance and endorsements on forms furnished by County, duly authenticated, giving evidence of the insurance coverage's required in this contract and other evidence of coverage or copies of policies as may be reasonably required by County from time to time. Insurance shall be placed with insurers with a Best's rating of no less than A: VII. All subcontractors employed on the work referred to in this contract shall meet the insurance requirements set forth for Contractor. Contractor shall furnish certificates of insurance and endorsements for each subcontractor at least five days prior to the subcontractor entering the job site, or Contractor shall furnish County an endorsement including all subcontractors as insureds under its policies. The cost of such insurance shall be included in the various items of work in the Contractor's bid and no additional compensation for purchasing insurance or additional coverage's needed to meet these requirements will be allowed. 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. D. Indemnity The Contractor shall assume the defense of and indemnify and save harmless Alpine County, its officers, employees, and agents, from and against any and all claims, losses, damage, ---PAGE BREAK--- expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence, and from any and all claims, losses, damage, expenses, and liability, however the same may be caused, resulting directly, or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance with Civil Code Section 2782, nothing in these contract documents shall require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of Alpine County, or its agents, servants or independent contractors who are directly responsible to Alpine County, or for defects in design furnished by such persons. Moreover, nothing in the contract documents shall apply to impose on the Contractor, or to relieve Alpine County from liability for active negligence of Alpine County. No act by Alpine County, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, shall in any respect relieve the Contractor or anyone else from any legal responsibility, obligation or liability he might otherwise have. The cost of such insurance shall be included in the various items of work in the Contractor's bid and no additional compensation for purchasing insurance or additional coverage's needed to meet these requirements will be allowed. 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. E. Payments. Payments will be made to the Contractor by the County at intervals for work performed under this contract during the preceding month at the rates as specified in the sealed proposal of the Contractor. The Contractor shall render his billings on forms approved by the Director of Community Development, together with suitable supporting documentation, to the Bear Valley Public Safety Department for certification of work performed. The County will make payment to the Contractor within thirty (30) days following submission of the invoice to the Community Development Department. From each payment, five percent will be deducted and retained by Alpine County, and the remainder will be paid to the Contractor. After notification by the Director of Community Development that the snow removal season has ended and that all work covered by this contract has been satisfactorily completed, the Contractor shall within ten (10) days submit to the Community Development Department a final billing, including therein an itemization of said amount, segregated as to contract item, hours of work, extra work and any other basis for payment. The Director of Community Development shall review the final billing. All prior payments shall be subject to correction in the final payment and the final payment shall also be adjusted to reflect any amounts to be retained, if any, subject to the conditions and provisions of this contract. Final payment shall be made to the Contractor after thirty-five (35) days from the date of receipt of the Contractor's final billing or June 30th, whichever comes later. F. Termination of Agency Liability. Prior to receiving final payment, the Contractor shall ---PAGE BREAK--- execute the attached Release on Contract form which shall operate as, and shall be a release to Alpine County, Alpine County Board of Supervisors, and each member of Alpine County Board of Supervisors and their agents, from all claims and liability to the Contractor for anything done or furnished for, or relegating to, the work or for any act of neglect of Alpine County of any person relating to or affecting the work, except the claim against Alpine County for the remainder, if any there be, of the amounts kept or retained and except for any unsettled claims listing on said form which have been filed in compliance with the requirements for making claims. SECTION 4. SPECIAL PROVISIONS. The special provisions attached to the SCOPE OF SERVICES, PROPOSAL AND CONTRACT DOCUMENTS are incorporated by reference into this CONTRACT as if fully set forth. SECTION 5. INTERPRETATION, JURISDICTION, AND PAROL EVIDENCE A. Entire Agreement. The executed SCOPE OF SERVICES, PROPOSAL AND CONTRACT DOCUMENTS contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The executed SCOPE OF SERVICES, PROPOSAL AND CONTRACT DOCUMENTS may only be modified in writing signed by both parties. B. Successors and Assigns. This CONTRACT shall be binding on the successors and assigns of the parties and shall not be assigned by the Contractor without the prior written consent of County. C. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this CONTRACT, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. D. Governing Law. This CONTRACT shall be governed by and construed with the laws of the State of California. Any litigation filed with regard to this CONTRACT 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. E. Time of Essence. Time is of the essence for each and every provision of this CONTRACT. F. Delivery of Notices. All notices permitted or required under this CONTRACT shall be deemed made when delivered to the applicable party's representative as provided in this CONTRACT. 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: ---PAGE BREAK--- County: Contractor: Alpine County Public Works 50 Diamond Valley Road Markleeville, CA 96120 Attn: Brian Peters Attn: Such notice shall be in writing, and shall be deemed made when personally delivered or served, or when mailed, forty-eight hours after deposit in the U.S. Mail, first class postage prepaid, certified or registered, return receipt requested and addressed to the party at its applicable address. Either party may change such address by proper written notice to the other party G. Complete Agreement. The complete contract consists of the executed SCOPE OF SERVICES, PROPOSAL AND CONTRACT DOCUMENTS, on file with the County Community Development Department, and shall be a part of this contract and all of which are incorporated herein and made a part hereof by reference. The Proposal and Contract Documents include the following elements: 1. Proposal 2. Bid Bond 3. Contract 4. Contract Bonds 5. Scope of Services 6. Addenda, Bulletins, Change Orders, and Documents incorporated by reference All of the above documents are intended to be integrated so that any work called for in one and not mentioned in another is to be executed the same as if mentioned in all said documents. This CONTRACT contains all of the agreements and warranties of the parties with respect to any matter covered or mentioned in this CONTRACT. No prior agreements, arrangements or understandings pertaining to such matters shall be effective for any purpose. No provision of this CONTRACT may be amended or added to except by an agreement in writing signed by each party or each party's successor in interest. H. No Presumption from Identity of Drafter. All parties to this CONTRACT have been represented by counsel and are knowledgeable concerning such transactions hereof. Therefore, no presumption shall arise from the identity of the drafter. I. Interpretation in Accordance with California Law. This CONTRACT shall be construed in accordance with the provisions of California law. Any provision of this CONTRACT which proves to be invalid, or illegal, shall in no way affect, ---PAGE BREAK--- impair or invalidate any other provisions of this CONTRACT, and such other provisions shall remain in full force and effect. J. Authority to Sign. Each party warrants to each other that he or she is fully authorized and competent to enter into this CONTRACT in the capacity indicated by his or her signature and agrees to be bound by this CONTRACT as of the effective date of this CONTRACT. K. 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 CONTRACT, 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. SECTION 6. MISCELLANEOUS PROVISIONS A. County Representative. The County hereby designates as its representatives the Director of Community Development or his assigned designee. B. Permits - Compliance with the Law. The Contractor shall, at Contractor’s expense, obtain all necessary permits and licenses, easements, etc., necessary to the performance of the work above described, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 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 term of this Agreement. C. Extra And/Or Additional Work And Charges. Should the County Engineer at any time during the progress of said work request any alterations, deviations, additions, or omissions from said Proposal or Contract Documents, it shall be at liberty to do so, and the same shall in no way affect or make void the contract. No extra work shall be performed or change be made except in accordance with 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. D. Termination or Breach. If the Contractor should be adjudged as bankrupt, or if Contractor should make a general assignment for the benefit of Contractor’s creditors, or if a receiver ---PAGE BREAK--- should be appointed on account of Contractor’s insolvency, or if Contractor or any of Contractor’s subcontractors should violate any of these provisions, the County may serve written notice upon Contractor and Contractor’s surety of its intention to terminate the contract, and unless within five days after serving of such violation shall cease and satisfactory arrangement for correction thereof be made, the contract shall, upon the expiration of said five days, cease and terminate. In the event of any such termination, the County shall immediately serve written notice thereof upon the surety and the Contractor, and surety shall have the right to take over and perform the contract, provided however, that if the surety, within five days after the serving upon it of notice of termination, does not give the County written notice of its intention to take over and perform the contract or does not commence performance thereof within five days from the date of serving of such notice, the County may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable. E. Drug and Alcohol-Free Work Place. During the performance of this contract, the contractor will maintain a drug and alcohol-free workplace in connection with work performed on County property. F. Liability. The costs of said work will be paid from the appropriate Airport line items created by the Board of Supervisors for these project tasks, and such fund shall be not less than the contract. The project funding is dependent on receipt by Alpine County of a notice to proceed with the project from CALTRANS Aeronautics Division. In no case will the County or any of its officers, agents and employees, be liable for any part of the cost thereof other than from the monies allocated for this project in said fund, excepting where it has been provided by subsequent resolution of the Board of Supervisors providing for the making of a contribution to said fund, in which case the liability of the County shall be limited to the amount of said contribution. ---PAGE BREAK--- Executed at Alpine County, California. COUNTY OF ALPINE [INSERT NAME OF CONTRACTOR] By: By: David Griffith, Chairman [Name] Alpine County Board of Supervisors [Title] Attest: Attest: By: By: Teola Tremayne [Name] County Clerk [Title] Approved as to Form: By: Margaret Long, County Counsel