HomeMy WebLinkAbout17- Professional Services Agreement, Parking Commission - Bighorn Snow Removal - Snow Removal and Ice Melt in City Parking Lots S
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this �day of October, 2017, by and between
the CITY OF BOZEMAN,MONTANA, a municipal corporation organized and existing under the
laws of the State of Montana, 121 North Rouse Ave., Bozeman, Montana 59771,hereinafter referred
to as "City," and, Bighorn Snow Removal referred to as"Contractor".
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged,the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services of snow removal and ice melt with details shown on the attached "Appendix A"and by this
reference made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution and
will terminate on the 30th day of April 2020.
3. Scope of Work: Contractor will perform the work and provide the services in
accordance with the details shown on the attached "Appendix A". For conflicts between this
Agreement and the Scope of Services,unless specifically provided otherwise,the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services
for the snow removal and ice melt work described in "Appendix A".Any alteration or deviation from
the described services that involves additional costs above the Agreement amount will be performed
by Contractor after written request by the City, and will become an additional charge over and above
the amount listed in the Scope of Services. The City must agree in writing upon any additional
charges.
5. Contractor's Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
) Professional Serrice Agreement, Snow Removal and Ice A4elt at Bozeman Senior Center Parking Lot and City of
Bozeman(a)Sinface Parking Lots, October 2017, F)'2018—F)'2020.
perform the services required by this Agreement; that it will perform said services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it;and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party,whether rights of copyright,trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City's
personnel policies handbook and may not be considered a City employee for workers' compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers' Compensation Act,
Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71,
MCA. Contractor shall maintain workers' compensation coverage for all members and employees of
Contractor's business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers' compensation coverage by an insurer licensed and authorized to provide workers'
compensation insurance in the State of Montana; or (2) proof of exemption from workers'
compensation granted by law for independent contractors.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney's fees and the costs and fees of and expert witness and consultants),
losses,expenses, liabilities(including liability where activity is inherently or intrinsically dangerous)
or damages of whatever kind or nature connected therewith and without limit and without regard to
the cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
2 Professional Service Agreement, Snow Removal and ke Melt at Bo_eman Senior Center Parking Lot and City of
Bozeman(4)Surface Parking Lots, October 2017, FY 2018—FY 2020.
in any way related to: (i)the negligent, reckless, or intentional misconduct of the Contractor; (ii) any
negligent,reckless, or intentional misconduct of any of the Contractor's agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses,including reasonable defense attorney fees,to the extent caused by the negligence or willful
misconduct of the Contractor or Contractor's agents or employees.
Such obligations shall not be construed to negate,abridge,or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s)
which would otherwise exist as to such indemnitee(s).
Contractor's indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor's
applicable insurance policies required below the indemnitee shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court
of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was
obligated to indemnify the indemnitee for a claim(s) or any portion(s)thereof.
In the event of an action filed against City resulting from the City's performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property arising
from, growing out of, or in any way connected with or incident to the performance of this Agreement
except"responsibility for his own fraud, for willful injury to the person or property of another, or for
violation of law,whether willful or negligent" as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above,Contractor shall at Contractor's expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
3 Professional Service Agreement, Snow Removal and Ice Melt at Bozeman Senior Center Parking Lot and 01),of
Bozeman (4)Su.face Parking Lots, October 2017, FY 2018—FY 2020.
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in subsection(a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
• Workers' Compensation—statutory;
• Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury;
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional
or named insured on a primary non-contributory basis on both the Commercial General and
Automobile Liability policies. The insurance and required endorsements must be in a form suitable
to City and shall include no less than a sixty (60) day notice of cancellation or non-renewal. The City
must approve all insurance coverage and endorsements prior to the Contractor commencing work.
Contractor shall notify City within two (2) business days of Contractor's receipt of notice that any
required insurance coverage will be terminated or Contractor's decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor's Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor's right to proceed with all or any part of the work ("Termination Notice Due
to Contractor's Fault"). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
4 Professional Service Agreement, Snow Removal and Ice Melt at Bozeman Senior Center Parking Lot and City q1'
Bozeman (4)Surface Parking Lots, October 2017, FY 2018—FY 2020.
C. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City's Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease work on the services provided, City may terminate this
Agreement by written notice to Contractor("Notice of Termination for City's Convenience").
The termination shall be effective in the manner specified in the Notice of Termination for
City's Convenience and shall be without prejudice to any claims that the City may otherwise
have against Contractor.
b. Upon receipt of the Notice of Termination for City's Convenience, unless
otherwise directed in the Notice, the Contractor shall discontinue services and shall do only
such work as may be necessary to preserve,protect, and maintain work already completed, in
progress.
C. In the event of a termination pursuant to this Section 13, Contractor is entitled
to payment only for those services Contractor actually rendered and materials actually
purchased or which Contractor has made obligations to purchase on or before the receipt of
the Notice of Termination for City's Convenience, and reasonably incurred costs. It is agreed
that any materials that City is obligated to purchase for the Contractor will remain the City's
sole property.
d. The compensation described in Section 13(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special,punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor's Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor's damages shall be limited to contract damages and Contractor hereby expressly
5 Professional Service Agreement, Snow Removal and Ice Melt at Bozeman Senior Center Parking Lot and City of
Bozeman (1)Surface Parking Lots, October 2017, FY 2018—FY 2020.
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives:
a. City's Representative: The City's Representative for the purpose of this
Agreement shall be Ed Meece, Parking Program Manager, or such other individual as City
shall designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to Ed Meece as the City's Representative and approvals or authorizations shall be
issued only by such Representative; provided, however, that in exigent circumstances when
City's Representative is not available,Contractor may direct its communication or submission
to other designated City personnel or agents as listed above and may receive approvals or
authorization from such persons.
b. Contractor's Representative: The Contractor's Representative for the
purpose of this Agreement shall be Bob Mielnik, or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor's
Representative; provided, however, that in exigent circumstances when Contractor's
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances,rules,and regulations,obtain all necessary permits, licenses,including a City of Bozeman
business license.
6 Professional Service Agreement, Snow Removal and Ice Melt at Bozeman Senior Center Parking Lot and City of
Bozeman(1)Surface Parking Lots, October 2017, FY 2018—FY 2020.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers'
compensation laws, all environmental laws, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14. Nondiscrimination: The Contractor will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. The Contractor will not refuse employment to a person,bar a person from employment,
or discriminate against a person in compensation or in a term, condition, or privilege of employment
because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual
or perceived sexual orientation, gender identity, physical or mental disability, except when the
reasonable demands of the position require an age,physical or mental disability,marital status or sex
distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of
1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The
Contractor shall require these nondiscrimination terms of its sub-Contractors providing services under
this agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants,including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S.
Department of Transportation(DOT)regulations governing anti-drug and alcohol misuse prevention
plans and related testing. City shall have the right to request proof of such compliance and Contractor
shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees and
agents in proper and specified work methods and procedures. The Contractor shall provide continuous
inspection and supervision of the work performed. The Contractor is responsible for instructing his
employees and agents in safe work practices.
16. Modification and Assignability: This document contains the entire agreement
between the parties and no statements, promises or inducements made by either party or agents of
either party, which are not contained in this written Agreement, may be considered valid or binding.
This Agreement may not be enlarged,modified or altered except by written agreement signed by both
parties hereto. The Contractor may not subcontract or assign Contractor's rights, including the right
to compensation or duties arising hereunder, without the prior written consent of City. Any
subcontractor or assignee will be bound by all of the terms and conditions of this Agreement.
7 Professional Service Agreement, Snow Removal and Ice Melt at Bozeman Senior Center Parking Lot and City of
Bozeman (4)Szn,face Parking Lots, October 2017, FY 2018—FY 2020.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor's compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other parry's right to enforce such term or
conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney's Fees and Costs: That in the event it becomes necessary for either Party of
this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to
give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled
to reasonable attorney's fees and costs,including fees, salary,and costs of in-house counsel to include
City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between
senior-level personnel from each party duly authorized to execute settlement
agreements. Upon mutual agreement of the parties, the parties may invite an
independent, disinterested mediator to assist in the negotiated settlement
discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a
court of competent jurisdiction in compliance with the Applicable Law
provisions of this Agreement.
22. Survival: Contractor's indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
8 Professional Service Agreement, Snow Removal and Ice Melt at Bozeman Senior Center Parking Lot and Cih,of
Bozeman(4)Surface Parking Lots, October 2017, FY 2018—FY 2020.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable,the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana and the parties expressly agree that venue will be in Gallatin County,
Montana, and no other venue.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Extensions: This Agreement may,upon mutual agreement,be extended for period of
one year by written agreement of the parties. In no case,however,may this agreement run longer than
April 30, 2025.
x*** END OF AGREEMENT EXCEPT FOR SIGNATURES *xx*
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year
first above written.
9 Professional Service Agreement, Snow Removal and Ice Melt at Bozeman Senior Center Parking Lot and City or
Bozeman (4)Surface Parking Lots, October 2017, FY 2018—FY 2020.
CITY OF BOZEMAN, MONTANA Bighorn Snow Removal
CONT TOR
By B
Dennis Taylor, Inter' City Manager
Print Name:
Print Title: cW- nej,�
APPR VED AS--TO FORM:
By
Greg S van, Bozeman City Attorney
10 Professional Service Agreement, Snow Removal and Ice Melt at Bozeman Senior Center Parking Lot and 01.1,of
Bozeman(a)Surface Parking Lots, October 2017, F)'2018—F)'2020.
APPENDIX A:
SCOPE OF WORK & COSTS FOR SNOW REMOVAL AT
BOZEMAN SENIOR CENTER PARKING LOT &
(4) CITY OF BOZEMAN SURFACE PARKING LOTS
I Professional Service Agreement, Snow Removal and Ice Melt at Bozeman Senior Center Parking Lot and Cih,of
Bozeman (t)Surface Parking Lots, October 2017, F)'2018—F)'2020.
Attachment—A
City of Bozeman - Snow Removal Contract
FY 2018—2020
Scope of Services,Frequency, and Work Schedule
Big Horn Snow Removal Services
1. Location of Services. The locations that services are to be provided for are:
Bozeman Senior Center, 807 N. Tracy Avenue
Parking lot,perimeter sidewalks on Tamarack Street and Tracy Avenue, South
Entrance,North East Entrance, and North West Entrance.
Cost: $120.00 Plow Parking Area per service
Cost: $35.00 Shovel Walks per service
Cost: $25.00 Ice Melt Sidewalks
Cost: $60.00 Ice Melt Parking Lot Isles Only
Cost: $125.00 Ice Melt Entire Parking Lot
Parking Lots-North Mendenhall Street and Wilson Street
South Mendenhall Street and Wilson Street
East Babcock Street and South Rouse Avenue
Black Street and Mendenhall Street&Alley Parking Area
Parking Lot,perimeter sidewalks on Wilson Street and Mendenhall Street.
Parking Lot,perimeter sidewalks on Wilson Street and Mendenhall Street.
Parking Lot,perimeter sidewalks on Babcock Street and Rouse Avenue.
Parking Lot,perimeter sidewalks on Black Street and Mendenhall Street.
Cost: $250.00 Plow all four(4)Parking Lot Areas,per service
Cost: $180.00 Shovel all four(4) Parking Lot Walks,per service
Cost: $35.00 Ice Melt Sidewalks,per Parking Lot, as needed
Cost: $25.00 Ice Melt Disabled Parking Space,per Parking Lot, as needed
Cost: $140.00 Ice Melt all four(4) Parking Lots Sidewalks, as needed
Attachment—A
Bozeman Senior Center Parking Lot&(4)City of Bozeman Surface Parking Lots; Snow Removal Contract
FY 2018—2020
Page 1 of 4
2. General Conditions. Snow removal for parking lots shall occur when snow accumulation
is two(2)inches or greater and one(1)inch for the sidewalks. Additional cost will be incurred for
heavier snow falls, and if necessary to plow more than once during snowfall.
At times it might be required to perform plowing and sidewalk clearing for drifting snow and
melting slush, additional cost will be incurred during these times.
Snow removal for all sidewalks shall conform with Chapter 34,Article 6,Bozeman City Municipal
Code. Snow will be disposed of in Snow Removal Storage Areas noted on Snow Removal maps
provided by the City of Bozeman for each location service is provided.
If weather conditions warrant, aggregate may need to be applied to lots or sidewalks. Ice melt
containing high concentrations of salt will be avoided, in order to protect landscaping and reduce
saline run-off into adjacent waterways or storm sewers.
The City may request the Contractor dispose of accumulated snow off-site if on-site storage
reaches capacity. Contractor should notify the City of what the additional charges will be to
perform this work. Identification of an off-site snow storage area will be the responsibility of the
Contractor. The City does not have any designated snow storage areas.
At the end of the snow season, the Contractor will be responsible for repairing any damaged
irrigation heads and other irrigation components. The Contractor will also be responsible for the
replacement and pinning of any curb stops disturbed during the snow removal process for that
season and any other damage that occurs to City property or to the property of third parties. In the
event curb stops are disturbed that create a immediate safety hazard that cannot wait until the end
of season,they will be replaced and pin at the time in a timely manner following notification from
City representative.
Contractor may invoice the City on a monthly basis for services rendered. If more than one
location is to be serviced by this scope of work each location will be invoiced individually. The
invoice will list the dates of service,the type of service provided, for each city facility or parking
lot.
3. Hours During Which Work is to be Performed: The work under this Agreement
is to be performed during non-business hours. The hours will be established by the Contractor and
conveyed to the City's Representative. Hours will reflect the limitation of work hours established
by Chapter 16, Article 6, Bozeman Municipal Code. Where possible, consideration will be given
for adjoining property owners so as not to disrupt their activities. Specific hours will be agreed to
Attachment—A
Bozeman Senior Center Parking Lot&(4)City of Bozeman Surface Parking Lots; Snow Removal Contract
FY 2018—2020
Page 2 of 4
prior to the commencement of services and any deviation from this schedule will be approved by the
City's Representative.
4. Emergency Call Out: In the event of an emergency,the Contractor will be notified
by the City's Representative and may be requested to provide immediate service. For emergency
services,payment shall be performed at a cost not greater than one and one-half times the standard
hourly rate.
5. Changes in Surface Areas of Properties and Lots Served: Any changes in
surface areas in any of the properties or lots served under this Agreement shall be forwarded by the
City to the Contractor at least thirty days prior to any change in services to be provided. The addition
or deletion of surface areas shall be accommodated by adjusting the cost per property or lot on a
cost-per-service basis,per the amounts bid for each property or lot.
6. Inspection and Complaints:
a. Any complaints received by the Contractor regarding the Contractor's
performance under this Agreement shall be directed by the Contractor to the City's
Representative shall be in writing, and shall state the nature of the complaint and, if possible,
the complainant's contact information.
b. Services found by the City to be incomplete, defective or not accomplished as
scheduled will be reported in writing to the Contractor for appropriate corrective action.
C. In addition, if the City's Representative determines the Contractor's
performance constitutes a hazard or creates an unsafe condition,the City's Representative shall
inform the Contractor and the Contractor shall take immediate corrective action at no
additional expense to the City to correct the hazardous or unsafe condition. If authorized by
the City's Representative, the Contractor may take corrective action during the next work
period.
For subsections a—c,above,the City's Representative shall forward a written report describing
the corrective action to the Contractor for his/her record and response. Within ten(10)days of
receiving the report the Contractor shall provide the City's Representative with a written and
signed response.
The City shall retain the right to determine whether an adequate level of service and
workmanship is being maintained. Repetitive nonconformity in any one area or consistent
overall nonconformance to workmanship and standards may result in termination of the
contract and/or other action as deemed necessary by the City.
Attachment—A
Bozeman Senior Center Parking Lot&(4)City of Bozeman Surface Parking Lots; Snow Removal Contract
FY 2018—2020
Page 3 of 4
7. Maintenance of Equipment. All Contractor supplies, equipment, and machines
shall be kept out of traffic lanes, (except when moving material), or other areas where they might
pose a hazard and shall be secured or removed from the premises at the end of each work period.
8. Maintainine of Contractor's Loy. The Contractor shall maintain a daily log for
each facility,for each day of service showing the following information:
a. Names of authorized Contractor's employees conducting the work;
b. Time of entry and departure; and
c. Note any safety or security problems that arise.
The Contractor's daily log shall be provided to the City on a monthly basis.
9. Owner Inspections. The City may conduct inspections of services provided under
this Agreement. The City may prepare a check-off sheet to record all work accomplished by the
Contractor.
10. Equipment. The Contractor shall furnish all supplies and equipment necessary for
accomplishment of all work as specified and all equipment shall be kept out of traffic lanes,(except
when moving material), or other areas where they might pose a hazard and shall be secured or
removed from the premises at the end of each work period.
Attachment—A
Bozeman Senior Center Parking Lot&(4)City of Bozeman Surface Parking Lots; Snow Removal Contract
FY 2018—2020
Page 4 of 4
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Wilson Mendenhall Parking Lot Snow Removal Plan
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This product is for informational purposes and may not have been
0 0 0 0 prepared for,or be suitable for legal,engineering,or surveying purposes.
1: 571 Users of this Information should review or consult the primary data and
Feet information sources to ascertain the usability of the information.