HomeMy WebLinkAboutEx 3 BPC 9 10 10 Res 2020 08 Big Horn SnowEXHIBIT 3: Bozeman Parking Commission, 9lLO|2O2OPage 1 of 1IBOZEMAN PARKING COMMISSIONRESOLUTTON 2020-08A RESOLUTION OF THE BOZEMAN PARKING COMMISSION OF THE C¡TY OFBOZEMAN, MONTANA, AUTHORIZING THE PARKING PROGRAM MANAGER TO SIGN AFIRST ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT WITH BIGHORN SNOWREMOVAL.WHEREAS, Montana Code Annotated 7-14-462I sets out general powers of a parking commission; and,WHEREAS, the Bozeman City Commission created and empowered the Bozeman Parking Commissionpursuant to Resolution Numbers 7676,1839, 3803, and 4577; and,NOW THEREFORE, BE lT FURTHER RESOLVED that the Bozeman Parking Commission authorizes theParking Program Manager to sign a First Addendum to the Professional Services Agreement with Big Horn SnowRemoval (October 2OL7l for snow removal services to the Rouse Lot, Black Lot, N. Willson Lot, S. Willson Lot,and Bozeman Senior Center Lot.PASSED AND ADOPTED by the Parking Commission of the City of Bozeman, Montana, at a session heldon the 10th day of Septemb er 2O2O. This resolution shall become effective immediately.Jim Ness, ChairmanBozeman Parking CommissionATTEST:Ed Meece, Parking Program ManagerCity of Bozeman
FIRST ADDENDUMPROFESSIONAL SERVICES AGTHE FIRST ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT iS MAdCand entered into this 1Oth day of September,2020, by and between the CITY OF BOZEMAN'MONTANA, a self governing municipal corporation organized and existing under its Charter andthe laws of the State of Montan4 121 North Rouse Street, Bozeman, Montana, with amailingaddress of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as "City," and BighomSnow Removal, PO Box 11324 Bozeman MT 59119, hereinafter referred to as "Contractor."In consideration of the mutual covenants and agreements herein contained, the receipt andsufficiency whereof being hereby acknowledged, the parties hereto agree as follows:L Term. The Professional Services Agreement between the City and Contractor datedOctober 16,2017 (the Agreement) is extended to September 10, 2021.**** END OF AGREEMENT EXCEPT FOR SIGNATURT',5 'tI'**IN WITNESS \MHEREOF, the parties hereto have executed this instrument the day andyear first above written.CITY OF BOZEMAN, MONTANAByEd Meece, Parking Program ManagerFirst Addendum to Professional Services Agreement for Snow Removal Services2019 -2020Page I of2
CONTRACTOR (All Valley Landscaping, LLC)%*1ePrint Name: Bob MielnikTitle: Owner, Bighorn Snow RemovalAPPROVED AS TO FORMGreg Sullivan, Bozeman City AttorneyFirst Addendum to Professional Services Agreement for Snow Removal Services2019 -2020Page2 of2
(F_t:THIS AGREEMENT is made and entered into this l![ dry of Octobcr,20l?, by and betweenthe cITy oF BoZEMAN, MONTAI\A, a municipal corpomt¡on oryanized and orising under thelaws ofthe State of Montana, l2t North Rouse Ave., Bozcrlran, Montana lg'nl,hercinafter rcferedto as ..Cit¡/," and, Bighorn SnOw Removal rcferrcd tO as'tontracto¡e'.In conside¡ation of the mutual coyenants and agreernents herein containd' üre receipt andsufüciencywhereof beinc hercbv acknowledged, the partieshereto tgIËe 8s follows:l. I¡unce: City agrees to enter this Agrecrnent with Contnctor to perbrm for Cþservices of snow rcmoval and ice melt w¡û details shown on the a¡tachêd "Appendix A" and by thisreference made a part hereof.2. TermÆffectivc D¡tc: This Agreement is efbctive upon ùe date of its execution andwill temrinue on ûte 30ttr day ofApril2020-3. Scone of ll¡ork: Contractor will perfo¡m the wo¡k and provide the scnrices inaccordancæ with the details shown on the anached "Appcndix A-- For conflicts bctrvecr¡ ürisAgreement and the Scope of Serviceq unless specifically provided othcrwise, the Agreement governs'4. p¡vmcnt City agrees to pay Conúactorthc amount spocificd in the Scopc of Servicesfor the snolv nemoval and ice melt work described in "Appendix 4". Any aheration or deviation fiomthe described scrviccs that invotves additional coSs above the Agrecment amoult will be performedby ConFactor aftcr written request by ttre Cit¡ and willbccome an addition¡l chargc over a¡rd abovemust agrce in writing upon any additionallisæd in theof Services. Thecharges.S. Contnctor's Reorcsc¡t¡dons: To inducc City to enter into this Agreernent'Contractor makes the following represcntations:a- Contractor has familiarized ¡tself with the naturc and extcnt of this Agreemcnt, theScope of Services, and with all local conditions and federal, staæ and local laws, ordinanceg rules,and rcgulations that in any manner may affect cosq prog¡ess or performance of the Scope of Services'b. Conùactor represents and wanants to City that Ìt has the experience and ability toI S¿ o;¡, Removul o¡td 1cc Mch at Bozcnan 9zniøl. Ceatcr Pøìiag lat otd Cìty ot8 Ocrober 20t7' Fl'2018- Fl'2020'
perfbnn the services require.d by this Agreement; that it will perform said services in a professional'competent and timely mann€r and with diligence and skill; that it has the power to enter into andperform this Agreement and grant the rights;ranted in it; and that its performance of this Agreementshall not infünge upon of violate the rights oiuny 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 orformats necessary to have these se¡lices meet this warranty'6.The parties agree that Contractoris an independent contractor for purpos€s ofthisAgreement and is not to be consideredananployeeof the City for any purpose. Contractor is notsubject to the terms and provisionsof the CitY'spersonnel policies handbook and maynot be considered aCity employee for workels'compensationor any other purpose. Contractor is notauthorized to represent the City or othcnilise bind theCity inanycontractor shall comply with the applicable requirements of the wotkers' compensation Act'Title 39, chapter 71, MCA, and the occupational Disease Act of Montan4 Title 39' Chapter 7l'MCA. Contactor shall maingin workers' compensation coverage for all members and employees ofContractor's business, except for those members who are excmpted by law'Contractor shall furnish the City with copies showing one of the following: (l ) a binder forworkers, compensation coverage by an inruro licensed and authorized to provide workers'compensation insurancæ in the state of Montana; or (2) proof of exemption from workers'compensation granted by law for independcnt contmcton¡'demnif,,defend,andholdtheCityharmlessfromanyandallclaims'¿damages'andliabilitiesarisingoutofresultingfrom,oroccurringincProblemsordisputesoranydelaysorstoppagesofworkassociatedwithsuch problerns or disPutes't--r------^ô. Enr nthaç rhnn nrofessional sgrvicgs.I,rn¿"rø, to tr, agrees to rclease, defend, indemnif,' andhold harmless the Y referred tofor purposes ofth actions' feesand costs (includi ,--,,tontulon")'rosses, expenses, riabilities (incruding riability where activity is inherentry or intrinsically dangerous)or damages of whatever kind or nature connected therewith and without limit and without regard tothe cause or oauses thereof or the negligence of any party or parties that may be asserted against'rccovered from or suffered by the City occasioned by, gfowing or arising out of or resulting from or2 Prolessìonal servìce Agteemenl, snov Remotol and lce Melt at Bæemon senìor Center Parktng Lot and City otb"ri'iàlii Sudace ralrins Lots, october 20t7' Fr'20t8 - Ft'2020'
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (íi) anynegligent, reckless, or intentional misconduct of any of the Contractor's agents'For the professional services rendered, to the fullest extent permitted by law' Contractoragrees to indemniff and hold the city harmless against claims, demands, suits, damages' losses' andexpenses, including reasonable defense attorney fees, to the extent caused by the negligence or willfulmisconduct of the Contractor or Conüactor's agents or employees'Such obligations shall not be construed to negate, abridge, or reduce other rights or obligationsof indemnity that would otherwise exist. The indemnification obligations of this section must not beconstrued to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s)contractor,s indemnity under this section shall be without regard to and without any right tocontribution from any insuance maintained by City'Should any indemnitee described herein be required to bring an action against the Contractorto assort its right to defense or indemnification under this Agreement or under the contractor'sapplicable insu¡ance policies required below the indemnitee shall be entitled to recover reasonablecosts and attomey fees incuned in asserting its riglrt to indemnification or defense but only if a courtof competent jurisdiction determines the contactor was obligated to defend the claim(s) or wasobligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof'ln the event of an action filed against City resulting from the City's performance under thisAgreement, 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 offtcers' agentsor emnlovees- includins the risht of contribution for loss or damage to person or property arisingfrom, growing out o[ or in any way connected with or incident to the performance of this Agrcementexcept,.responsibility for his own fraud, for willful iniury to the person or property of another' or forviolation of law, whether willful or negligent" as per 28'2'702,MC4.These obligations shall survive termination of this Agreement and the services performedhereunder.In addition to and independent from the above, contractor shall at contractor's expense secureinsurance coverage through an insurance comPany or companies duly licensed and authorized toconduct insurance business in Montana which insures the liabilities and obligations specifically3 professional seruice Agreemenl, snow Renoltl! and lce Melt at Bozeman senior center Parking Lol and Cily ofBozeíton H) SuÚace Palkìng Lots' October 2017' FY 2018 - FY 2020'
af¡sum€d by the Contractor in this Section, The insurance covefage shall not contain any exclusionfor liabilities specifically assumed by the Contactor in subsection (a) of this Section'The insurance shall cover and apply to all claims, demands, suits, damages, losses, andexpenses that may be asserted or claimeà against, recovered from, or suffered by the City withoutlimit and without regard to the cause therefore and which is acceptable to the City and Contractorshall furnish to the ðia, * accompanying certificate of insurance and accompanying endorsementsin amounts not less than as follows:o lilorkers' Compensation - statutory;. Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;o commercial General Liabilþ - $1,000,000 per occurence; $2,000,000 annualAutomobile Liability - $1,000,000 propertydamage/bodilY injury;The City of Bozeman, its officers, agents,or named insured on a primary non-cont¡ibutoAutomobile Liabilþ policies. The insurance andto Cþ and shall include no less than a sixty (60) dmust approve all insurance coverage and endorsContractor shall notis City within two (2) businrequired insurance coverage will be terminated oinsurance coverage for any reason.acommencingworka. If contactor refuses or fails to timely do the work, or any part thereof' or failsto perform any of its obligations under thiconditions of this Agreement, the City mthe Contractor's right to proceed with allto Contractor's Fault"). The City may thenown resoufces or by re-letting the conüact to any other third pafty'b. In the event of a termination pursuant to this Section 8, Contractor shall beentitled to payment only for those services contractor actually rendered'4 Professional Servìce Agreement, Snow Rem-ovql and lce Melf ot Bozeman Senior Cenler Parking Lot and Cìty ofBozeman (4) Surþce eaíting Lots, October 20 t 7' FY 201 8 - FY 2020'
c. Any termination provided for by this Section 8 shall be in addition to any otherremedies 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 nocircumstances, be entitled to claim or recover consequential, special, punitive, lost businessopportunity, lost productivity, field ofüce overhead, general conditions costs, of lost profitsdamages of any nature arising, or claimed to have arisen, as a result of the termination'9. Termination for Citvts Convenience:in the sole opinion and discretion of the City'the services provided, City may terminate thisAgreement by written notice to Contractor ('Notice ol'ttor ulfy's \,onvçnlsnçç .r.The termination shall be effective in the mannerspecified in the Notice of Termination forCity,s Convenience and shall b'e without ptejudice to any claims that theCity may otherwisea. Should conditions arise which,make it advisable to the City to cease work onhave against Contractor.b. Upon receip of the Notice of Termination for City's Convenience' unlessotherwise directed in the Notice, the Contractor shall discontinue services and shall do onlysuch work af¡ may be necessary to pfeserve, protect, and maintain work already completed' inprogress.c. In the event of a termination pursuant to this Section 13, Contractor is entitledto payment only for those services Contractor actually rendered and materials actuallypurchased or which conüactor has made obligations to purchase on or before the receipt ofthe Notice of Termination for city's convenience, and reasonably incuned costs' It is agreedthat any materials that City is obligated to purchase for the Contactor will remain the City'ssole property.d. The compensation described in Section l3(c) is the sole comÞensation due toConüactor for its performance of this Agreement. Contractor shall, under no circumstances,be entitled to claim or necover consequential, special, punitive, lost business opportunity, lostproductivity, field office overhead, general conilitions costs, or lost profits damages of anynature arising, or claimed to have arisen, as a result of the termination'10. L¡m¡tntion on Contrâctorts Damâqesl T¡me for Assertins Cla¡m'¡. 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 expressly5 Professionctl Service Agreement, Snow Re¡noval and lce Melt at Bozeman Senior Center Parking Lot and Ciry ofBozeman (4) Surhce nal*ing Lots, October 201 7, FY 20 I I - FY 2020'
waives any fight to claim of recover consequential, special, punitive' lost businessopportunity, lost productivity, field of1ïce ov"rheåd, general conditions costs' or lost profitsdamages of anY nature or kind.b. In the event contractor wants to assert a claim for damages of any kind ornature, Contractor shall provide City with written notice of its claim' the facts andcircumstances surrounding and giving rise to the claim, and the total amount of damagessought by the claim, withìn ten (10) days of the facts and circumstances giving rise to theclaim. In the event contractor fails to provide such notice, contractor shall waive all rightsto assert such claim.t.City,sRepresentstive:TheCity'sRepresentativeforthepurposeofthisAgreement shall be Ed lvf...., Parking Program Manager, or such other individual as Cityshall designate in writing. Whenever approval or authorization from or communication orsubmission to city is required by this Agreemeng such communication or submission shall bedi¡ected to Ed Meece as the city's Representative and approvals or authorizations shall beissued only by such Representative; provided, however, that in exigent circumstances whenCity's Representative is not available, Contractor may direct its communication or submissionto other designated city personnel or agents as listed above and may receive approvals orauthorization from such Persons'b. contr¡ctorts Representdive: The contractor's Representative for thepurpose of this Agr.r-r.nt rhull be Bob M-ielnik, or such other individual as contractor shalldesignate in writing. whenever direction to or communication with contractor is required bythis Agreement, such direction or communication shall be directed to contractor'srrenrecenfetive: nrovided. however, that in exigent CircumstanCes When COntractor'sRepresentative is not available, City may direct its direction or communication to otherdesignated Contractor personnel or agents'|2,@:Contractorshallprovideallnotices,complywithallapplicablelaws'ordinances, rules, and regulations, obtain all necessary permits, licenses, including a city of Bozemanbusiness license6 Professional Service Agreemenl, Snow Removal and lce Melt at Bozeman Senior Center Parking Lot and City of-siri:;à, f4 Surface eaiking Lots, october 20t7' FY 20lE - FY 2020'
13 Laws and Reeulations: Contractor shall comply frrlly with all applicable state andfederal 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, afürmative actiory and utilization of minority and small business statutes andregulations.14. Nondiscrimination: The Contractor will havea policy to provide equal employmentopportunity in accordance with all applicable state and federalanti-discrimination laws, regulations,and contracts. The Contractor will not refi¡se employment to a person'bar a person from emPloYment,or discriminate against a person in compensation or in a term'condition, orprivilege of emPloYmentbecause ofrace, color, religion, creed, political ideas, sex, age'marital status, national origin, actualor perceived sexual orientation, gender identity,physical or mentaldisability, excePt when themarital status or sexdistinction. The Contractor shall be subject to and comply withTitle VI of the Civil Rights Act of1964; Section 140, Title 2, united states code, and all regulationspromulgated thereunder. TheContractor shall require these nondiscrimination terms of its sub'Contractorsproviding sen ices underthis agreement.15.Contractorshall not permit or suffer the inÍoduction or use of anyintoxicants, including alcohol or illegal drugs,by any employee or agent engaged inservices to theCity under this Agreement. Contractoracknowledges it is aware of and shall complywith its responsibilities and obligationsunder the U.SDepartment of Transportation (DOT) regulationsgoverning anti-drug and alcohol misusepreventionplans and related testing. city shall have the right to requestproof of such compliance and Contractorshall be obligated to funrish such proof.The Contractor shall be responsible for instn¡cting and faining theConüactor's emPloYees andagents in proper and specified work methods andprocedures. The Contractorshall provide continuousthe work performed.The Contractor is responsible for instructinghisemployees and agents in safe work practices'16. Modification and Assisp¡bility: This document contains the entire agreementbetween the parties and no statements, promises or inducements made by either party or agents ofeither pafty, 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 bothparties hereto. The Contractor may not subcontract or assign Contractor's rights, including the rightto compensation or duties arising hereunder, without the prior written consent of City' Anysubcontractor or assignee will be bound by all of the terms and conditions of this Agreement'7 Professional Service Agreemenl, Snow Remol! and lce Melt at Bozeman Senior Center Parking Lot and City ofBozelman (4) Surløce eal*ing Lots. October 20 t 7, FY 201 I - FY 2020'
17.Contractoi agrees to develop and/orprovide documentation as requested by theCity demonstrating Contractor'scompliance with therequirements of this Agreement.Contactorshall allow the City, its auditors, andother personsauthorized by the City to inspect and copyits books and records for the purpose of veriffingthat thereimbursement of monies distributed to Contractorpursuant to thisAgreement was used incompliance with this Agteement and all applicableprovisionsoffederal, state, andlocal law. TheContractor shall not issue any statements, releases orinformation for Publicdissemination withoutprior approval of the CitY.18. Non-Waiver: A waiver by either party any default or breach by the other party of anyterms or conditions of this Agreement does not limit the other party's right to enforce such term orconditions or to pursue any available legal or equitable rights in the event ofany subsequent default19. Attornevrs Fees and Costs: That in the event it becomes necessary for either Party ofthisAgreemerrtto,"til,,*"tto-"ytoenforceanyofthetermsorconditionsofthisAgreementortogive any notice required herein, then the prevailing Party or the Party giving notice shall be eîtitledtoreasonableattorney,sfeesandcosts,includingfees,salary,andcostsofin-housecounseltoincludeCity AttorneY.20.Þeg:Conhactorisobligatedtopayalltaxesofanykindornatureandmakeallappropriate employee withholdings'21. DisPutc Resolution:a.Any claim, controvelsy, or dispute between the parties' their agents'employees,orrepresentativesshallberesolvedfirstbynegotiationbetweenæriror-Levqþerson4e!from9a9! nanY duly authorized to execute settlementagreements. Upon,,,rrtu¿ aþeamèniof the þarties, thãþaiies may-rnvìte mindependent, disinterested mediator to assist in the negotiated settlementdiscussion .b. If the parties are unable to resolve the dispute within thirl¡/ (30) days from thedate the dispute was first raised, then such dispute may only be resolved in acourt of competent jurisdiction in compliance with the Applicable Lawprovisions of this Agreement'22. W!yg!: Contractor,s indemnification shall survive the termination or expiration ofthis Agreement for the rnaximum period allowed under applicable law'g professional senice Agreentenl, snor+, Renoval and lce Melt at Bozeman senior Cenler Parking Lol and City of-sori:;on (4) Surface faíking Lots, October 2017' Fy 20lE - FY 2020'
23. E@gE: The headings used in this Agreement are for convenience only and are notbe construed as a part of the Agreement of as a limitation on the scope of the pa,rticular paragraphs towhich they refer.24, Severabilitv: If any portion of this Agreement is held to be void or unenforceable, thebalance thereof shall continue in effect'25. Annlicable Law: The parties agree that this Agreement is govemed in all respects bythe laws of the State of Montana and the pafies expressly agree that venue will be in Gallatin County'Montana" and no other venue.legal representatives, successors' and assigns oftheparties.enforced by a third Party,27. No Third-partv Bencficisft: This Agreement is for the exclusive benefit of theparties, does not "orrrtitut a third-party beneficiary agreemørt, and may not be relied upon or28.Counterparts: This Agreement may be executed in counterparts, which together29. Intesr¡tion: This Agreement and all Exhibits atüached hereto constitute the entireagreement of the parties. covenants or representations not contained therein or made a part thereofby reference, afe not binding upon the parties. There are no understandings between the parties otherthan as set forth in this Agrãement. All communications, either verbal or written, made prior to thedate of this Agreenìent are hereby ábrogated and withdrawn unless specificarly made a part of thisconstitute one instrument.Agreement bY reference.g Professionol service Agreemenl, snow Rem-oval and lce Melt at Bozeman senìor center Parking Lot and city ofBoreman (4) Surface eaíking Lots, October 20t7' FY 2018- FY 2020'30, Extensions: This Agreement may, upon mutual agreement' be extended for period ofone year by written agreement of the parties. In no case, however, may this agreement run longer thanApril30,2025.****ENDoFAGREEMENTEXCEPTFoRSIGNATIIRES****IN \ryITNESS WHEREOF, the parties hereto have executed this instrument the day and yearfirst above wrinen.
ByCITY OF BOZEMAN, IVIONTAI{ATrylortC MenegcrFORM:GregBozcmrn CitY AttomeY/2 /4,j,LtN¡nc:Print Tiüe:oull¿l-
AaF'C&oFI , Snou, Remot al and lce Melt at Bozeman Senior Center Parkíng Lot and City ofB October 20t7' FY 2018- FY 2020'
Atf¡chment - ACþ of Bozemsn - Snow Remov¡l Contr¡ct- rY 20t8-2020Scope of Selrices, Í'requenca' and \ilork Schedule' Big Hom Snow ß oval Sen'icesl. Loc¡tion of Sen ices. The locations that services afe to be provided for are:Bozeman Senior Center, 807 N' Tracy AvenueParking lot, perimeter sidewalks on Tamarack Street and Tracy Avenue, SouthEnüance, Ñåtrft East Entrance' and North West Entrance'Cost: $120.00 Plow Parking Area per serviceCose $35.00 Shovel Walks per serviceCost: $25.00Ice Melt SidewalksCost: $60.00Ice MeltParking Lot Isles OnlyCost: $125.00lce Melt Entire Parking LotParking Lots - Norttr Mendenhall Street and Wilson StreetSouth Mendenhall Steet and Wilson StreetEast Babcock Steet and South Rouse AvenueBhckıEe;t and Mendenhall Strect & Alley Parking Areaon Wilson Steet and Mendenhall Sreet'räd:ftF#Hlffi¡x:Cost $250'00 Plow all four (4) Parking Lot fueas' per suviceCosc $180.00 Shovel all for¡r (a) Parking Lot V/alks' per serviceCost: $35.00Ice Melt Sidewalks,Cost: $25.00 Ice Melt Disabled PCost: $140.00Ice Melt all four (4) PAfiachment - ABozeman Senior Center Parking Lot & (4) City-of Bozeman Surface Parking Lots;- FY 2018 -2020Page I of4Snow Removal Contract
2, Gencr¡l Conditions. Snow removal for parking lots shall occur when snow accumulationis two (2) inches or greater and one (l) rq ^v¡ re'.--o -- -- t will be incuned forheavier snow falls, and ifnecessary toAt times it might be required to perform plgYng qi :t-d:,:dk clearing for drifting snow andmelting slush, ãd¿ition¡ cost will be incuned during these ttmes'Snow removal for all sidewalks shall conform with chapter 34, Article 6, Bozeman city Municipalcode. Snow will be disposed of in snow-Reilna storæ. Areas noted on snow Removal mapspñ¿.¿ UV the City ãiËor",,'* for each location service is provided'The City may fequest the Contractor dispose ol3ccryuþqd snow off-site if on-site storagereaches capacity. cãnractor should notiı- tt, city of what the additional charges will be toperform this work. ù*tinrotion of an ofr-iite now storage a¡ea will be the responsibility of theıãittuttot. The City does not have any design ed snow storage areas'At the end of the snow season' the Contractor will be responsiblt "t,:tlîHï"iät$it;:moval Process for thattY of third Parties' In theed that create a imme )annot wait until the endof seasor¡ they will be replaced and pin u,ï. m" in a timely manner following notification fromIce meltconøining high concentrations of saltwill be avoided, inorderto protect landscaPingsaline run-offinto adjacent \^taterways orstorm sewers.Cþ representative.invoice will list the dates of service, the type of service provloeo' ror eaçu |;[y r'¡r/u*r v^ r's¡urÞconfractor may invoice the city on a monthly basis for.services rendered' If more than onerocarion is ro be serviced by this scope "i;;tË.;"h Lcation.will be invoiced Pll::$t**llot.3.The work u¡rder this Agreementis to be performed during non-business hours'The hor¡rs will be establishedby the Contactor andconveyed to the CitY'sRepresentative. Hourswill reflect the limiøtion of work hor¡¡s establishedby Chapter 16, Article 6, BozemanMunicipal Code. Wherepossible, consideration will be givenfor adjoining property owneß so as not to disruptthei¡ activities.Specific hours will be agreed toAttachment - ABozeman Senior Center Parking Lot & (4) City of Bozeman Surface Parking- FY 2018 -2020Page? of 4Lots; Snow Removal Contract
prior to the coÍmencement of services and any deviation from this schedule urill be approved by theCity' s Re,Presentative.4. Enereenca C¡ll Out: In the event of an emefg€'ncy' the Contactor will be notifiedby the City's R.ppr-nøtin" *dmay be requested to provide immediate sen'ice' For emergencysewices, payment shall be performed ", o.oO not gfeater than one and one-half times the søndardhoruly rate.5.Anychangesinsr¡rface areas in any ofthe properties or lots servedu¡rder this Agreement shall beforwa¡ded bY theCþto the Contractor at leastthirtydayspriorto anY changein services to be P,rovided' Theadditionor deletion ofsurface areas shall beaccommodated by adjusting the cost perproperty or lot on alot.the a¡nounts bid for each property or6.LnsPection end ComPl¡ints:a. Any complaints received by the contactor regarding the contractor'sperformance r¡nder ttri* egro-ent shall ie directed by the Conüactor to the City'sRepresentative shall be in uniting, and shall state the natufe of the complaint and' if possible'the complainant's contact information'b. Services found by the Clty to be incomplete, defective of not accomplished asscheduled \ryiu be reported in witing to the ConEactor for appropriate corrective 1:tion'c. In addition, if the city's Representative determines the contactor'sperformance constitutes ahazardor creates an r¡nsafe condition, the City's Representative shallinform the contractor and the contactor shall take immediate conective action at noadditional exp€lil¡e to the cþ to coÍ€ct the haza¡dous or unsafe condition' If arfhorized bythe Cþ's Representative, the Contractor may take conective action drning the next workFor subsections a- c, above, the City's Representative shall forward a written report describingthe corrective action to the contactor for his/her record and rcsponse' wittrin tefi (10) days ofreceiving the report the Contactor shall provide the City's Re'presenøtive with a writæn andperiod.signed resPoru¡e.Attachment - ABozemanSeniorCenterParkingtot&'(4)CityofBozemanSurfaceParkingLots;- FY 2018-2020Page 3 of4The City shall retain the right to determine whether an adequate level of service andworkmanship is being maintained. Repetitive nonconformity in any one area or consistentoverall nonconformance to workmanship and standards may result in termination of thecontact and/or other action as deemed necessary by the City'Snow Removal Contract
7.shall bepose a h8. The Contactor shall maintain a daily log foreach facility, fo, *.h d"y of rervice showing the following information:a. Names of authorized contactor's employees conducting the work;b. Time of entrY and dçarture; andc. Note any safety or security problems that adse'The conüactor's daily log shall be provided to the city on a monthly basis'g.orvnerlngDcctions.TheCitymayconductinspectionsthisAgreement.TheCitymaypÌepareacheckoffsheettorecorrdallof senices provided unclerwork accomPlished bY theContractor.10. Eouioment. The Contractor shall fumish all zupplies and equipment necessary foraccomplishment of all work as specified and all equipment shall be kept out of faffic lanes' (excçtwhen moving material), of other areas where tlrey migbt Pose e hazerrd and sÌrall be secured orremoved from the premises at the end of each work period'Anachment - ABozeman Senior Cenler Parking Lot & (4) CitV of Á-oieÀan Surface Parking Lots; Snow Removal Contract- FY20l8 -2020Page 4 oî 4
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