HomeMy WebLinkAbout20- Professional Services Agreement - Maintenance Pro - Snow Removal at Public Safety CondosPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 19 b * day of October, 2020 ("Effective
Date"), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121 North
Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as "City," and, Maintenance Pro., 2137 S. Alaska Rd, Belgrade, MT 59714,
hereinafter referred to as "Contractor." The City and Contractor may be referred to individually as
"Party" and collectively as "Parties."
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 described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 31 st day of March, 2023 unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. 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. The amounts will be billed on a per service basis for each individual property included in
the Scope of Services. 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:
Professional Services Agreement for Snow Removal Services
FY 2021— FY 2023
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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
perform the services required by this Agreement; that it will perform the 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, Montana Code Annotated (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.
In the event that, during the term of this Agreement, any labor problems or disputes of any type arise
or materialize which in turn cause any services to cease for any period of time, Contractor specifically
agrees to take immediate steps, at its own expense and without expectation of reimbursement from
City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall
take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all
costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit
the services to continue at no additional cost to City.
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FY 2021 — FY 2023
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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 and for any claims regarding underpaid prevailing wages.
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 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 parry 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
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (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
intentional 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 City as
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 the City 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 City 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 City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City's performance under
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FY 2021 — FY 2023
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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, 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 [City's]
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
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in 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. 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 per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City 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 thirty (30) day notice of cancellation or non -renewal.
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.
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FY 2021 — FY 2023
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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.
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 performance under this Agreement, the 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 immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
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FY 2021 — FY 2023
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in progress.
C. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City's Convenience.
d. The compensation described in Section 9(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
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 thirty (30) 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 and Notices:
a. City's Representative: The City's Representative for the purpose of this
Agreement shall be Mike Gray, Facilities Superintendent 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 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 designated by the City in writing and may receive
approvals or authorization from such persons.
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FY 2021 — FY 2023
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b. Contractor's Representative: The Contractor's Representative for the
purpose of this Agreement shall be Ty Leary 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.
C. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party's address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party's Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
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, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
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 including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
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
Professional Services Agreement for Snow Removal Services
FY 2021— FY 2023
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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.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors 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 while on City property
or in the performance of any activities 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 its employees and agents in safe work practices.
16. Modification and Assignability: 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 the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
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
Professional Services Agreement for Snow Removal Services
FY 2021 — FY 2023
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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 of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party'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: In the event it becomes necessary for either Party 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 including the City
Attorney's Office staff.
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.
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
Professional Services Agreement for Snow Removal Services
FY 2021— FY 2023
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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.
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. Inteiration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein 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. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: This Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than March 31, 2025.
* * * * END OF AGREEMENT EXCEPT FOR SIGNATURES * * * *
Professional Services Agreement for Snow Removal Services
FY 2021 — FY 2023
Page 10 of 11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA
By
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Jef i I ch, City Manager
APPR EED AS TO FORM:
By
Greg �r livan, Bozeman City Attorney
Maintenan a Proiv
CONTRA TOR a Name AboveP )_
By
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Print Name: I "l e�Orc- �� 1 y✓I. cliff
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Professional Services Agreement for Snow Removal Services
FY 2021 — FY 2023
Page 11 of 11
Exhibit — A
Public Safety Condo - Snow Removal Contract
FY 2021— 2023
Scope of Services and Frequency and Work Schedule
Maintenance Pro
1. Location of Services. The buildings that services are to be provided for are:
Public Safety Condo, 1704 Vaquero Pkwy.
Per Site Plan Drawing
Cost: $200.00 Plow Parking Area per service
Cost: $155.00 Plow/Shovel Walks per service
Cost: $225.00/hr Snow Hauling Truck Rate
Cost: $225.00/hr Loader Rate for Snow Removal
Cost: $3.00 per gallon Liquid Deice (Only upon request)
2. General Conditions.
a. Billing will be on an itemized basis for each service and each site independently.
If more than, one site is part of the contract each site will be invoiced separately.
b. Snow removal for parking lots shall occur when snow accumulation is two (2)
inches or greater and 1 inch for the sidewalks.
c. Snow removal from all sidewalks shall be completed prior to 8 a.m., or within four
hours after any snow or ice deposit. Snow will be disposed of in Snow Removal
Storage Areas noted on site plan drawing provided by City Representative.
d. 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.
e. The City may request the Contractor dispose of accumulated snow off-site if on-
site storage reaches capacity. 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.
Exhibit — A
Public Safety Condo, Snow Removal Contract
FY 2021 — 2023
Page 1 of 4
f. 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.
g. Contractor may invoice the City on a monthly basis for services rendered. 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 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 Square Footages of Buildings Served: Any changes in square footages in any
of the buildings 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 square footages shall be accommodated by adjusting the cost per facility on a cost -per -
square -foot basis, per the amounts bid for each building.
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.
Exhibit — A
Public Safety Condo, Snow Removal Contract
FY 2021 — 2023
Page 2 of 4
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.
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. Maintaining of Contractor's Loi. 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 request.
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.
Exhibit — A
Public Safety Condo, Snow Removal Contract
FY 2021 — 2023
Page 3 of 4
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.
Exhibit — A
Public Safety Condo, Snow Removal Contract
FY 2021— 2023
Page 4 of 4
Grounds Keeping Service MSA
Property: Fire Station #3 & 911 Dispatch (City of Bozeman; 1704 Vaquero Parkway)
Property Manager Contact: Mike Gray
Property Manager Email: mgray@bozeman.net
Phone: 4065795343
Maintenance Pro Contact: Ty Leary: Ty@maintenancepromt.com
Office: infoAmaintenancepromt.com or 406-587-3703
Date Submitted:
Introduction
Thank you for requesting a proposal from Maintenance Pro. We look forward to providing you with
hassle -free grounds maintenance and a property that has a professionally maintained appearance. We
have made ourselves familiar with the property and have considered the level of quality in service to
meet your, and the community's expectations. Please make sure you review each of the following
sections to verify that they are compatible with your goals for the property.
The following supporting documents can be provided upon request if you would like to use it during the
decision process:
• References from projects we currently have under contract of similar type/scale
• Statement of qualifications
• Equipment list
• Proof of Work Comp and Liability Insurance
• W9 Form
Why Maintenance Pro is the right company for you:
We know the property: We have made ourselves familiar with the property by visiting the site.
Financial Stability: We have the financial strength to maintain this project for additional years,
providing you with consistency and building a relationship: We will be happy to provide credit
references upon award of a contract.
Integrity of the proposal: Our bid includes all services listed in the scope of work. Any services that
will be billed additionally are listed separately.
PO Box 11869
Bozeman, MT 59718 Email: info@maintenanceproMT.com Phone: (406) 587 3703
Contractor Responsibilities
• Work Force: All Maintenance Pro employees shall be competent and qualified, and
shall be United States citizens or legal residents authorized to work in the United States.
They will be dressed appropriately to safely and professionally perform their duties.
• Invoicing: Maintenance Pro will submit monthly invoices for work performed between
the 25th of the prior month and 24th of the current month.
• Notice of Defect/Damage: Maintenance Pro shall notify client of any issues that require
more than 5 business days to correct.
Client Responsibilities
• Access to Work Site: Client shall furnish access to all parts of the jobsite during normal
business hours and other reasonable periods of time.
• Pets: It is the client's responsibility to make sure that all pets, pet waste, toys, tethers etc.
are removed from turf areas prior to work being performed.
o If situations arise such as gates being locked, dogs or extensive waste are left in
yard etc., which prevent Maintenance Pro from completing regular tasks, a $25
trip fee will be assessed and a return trip scheduled.
• Payment: Payments are due in the office of Maintenance Pro no later than the 5th of the
month. If not received by the 10th, a late fee of $10 will apply. *If these terms are
unachievable please contact us to customize terms which will better meet your needs.
• Notice of Defect/Damage: Client shall immediately inform contractor of any major
Initials defects or damages caused by Maintenance Pro employees while performing job duties.
In most cases, we will be able to address and/or remedy the problem within 2-5 business
days after receiving the repair request. In some cases, it may take longer due to
uncontrollable conditions such as weather, inappropriate time of year to mitigate issue, or
unavailability of materials. In such cases efforts will be made to most quickly fix the
problem, and scheduling will be coordinated with client.
Visit Schedules
• All lawn maintenance is scheduled for the same day each week. If uncontrollable
conditions prevent us from completing our duties on the scheduled day, we will return the
next available day. The following week's visit will be on the regularly scheduled day
(assuming it is at least 4 or more days after the off -schedule visit).
• Cancelling a Scheduled Visit: If client wishes to have a regularly scheduled visit
postponed for a week, Maintenance Pro must be informed of this change at least 2 days
Initials prior to the scheduled visit. If regular maintenance is postponed via client request and
lawn is found to be overgrown on the next visit, Maintenance Pro may add up to an
additional 50% surcharge to the "per -visit price" to cover additional time need to perform
maintenance and/or additional wear on equipment.
Contract Transfer: The provisions and terms agreed upon in this contract may be transferable by:
a
PC
Client to new property owners, managers or tenants for the remainder of the current
term under the same provisions and conditions set forth by this contract.
Maintenance Pro to another qualified lawn maintenance company so long as said
company conforms to the same responsibilities and adheres to the same provisions
and conditions set forth by this contract.
2
Description of Per -Visit Services: At each visit as needed, Maintenance Pro will be responsible
for:
A. Removal of normal trash and debris from lawn areas. *
B. Mowing of turf to a height of 2.5"-3.5" utilizing professional grade lawn mowers with sharp
blades. Clippings will be mulched on-site unless otherwise specified.**
C. Line -trimming around trees, mail boxes, mulch beds, fences etc.***
D. Air -sweeping clippings from hard surfaces, except fully fenced patios.
*Removal of excessive fallen or pruned branches is not included in our regular service. They
will be piled at a location off turf or removed upon request at an hourly rate with a half hour
minimum.
**In an effort to keep customer costs down and encourage healthy soil for lush turf, we do
not generally bag clippings. If bagging is still requested, 25%-50% will be added to the "per
visit" price.
***SNOW AND ICE MANAGEMENT -
Initials Maintenance Pro operates a curb to curb and zero tolerance operation at times most
convenient to an efficient and safe snow removal operation. Typically starting at 1:00 a.m
and operating until I0:00am (depending on snow event start times, and inch/hour
accumulations) Maintenance Pro crew disseminate to remove snow and ice to mitigate slip,
trip and falls. All services are documented professionally to assist in any claims and billing
purposes. Services are charged on a per/service occurrence unless a designated piece of
equipment is allocated to maintain a particular property in which case a retainer may be
accrued. Like previously mentioned, operations occur with a zero tolerance and no minimum
snow triggers. However, a minimum snow trigger can be discussed.
Service Options and Pricing: Ask for additional services we are happy to provide.
❑
Parkin Lot
$200/push
❑
Sidewalk Clearing
$155/push
❑
Snow Hauling Truck Rate
$225/hr
❑
Loader Rate for Snow Removal
$225/hr
❑
Liquid Ice -Melt (Only upon request)
$3.00/gallon
Initials
Client Coff-Please Sign and retain for your records
Approval to Proceed
I hereby acknowledge that I have read and understand the terms and conditions of this
contract. I approve the price stated above and agree to pay all associated invoices from
Maintenance Pro barring any outstanding claims of defect or damages. I would like to proceed
with the services selected above. This proposal is valid for 30 days from the date prepared. A
signed copy of this contract is needed to schedule any work. Maintenance Pro Lawn Care, and
owner will be under contract and all terms and conditions will be upheld.
Additional Option Years Contract Extension:
Customer wishes to extend this contract for the scope of work chosen for the following option
years. Prices will remain the same without an increase. All terms and conditions remain the
same.
Base Year: 2019
(Intl) Year 2: 2020 (Intl) Year 3: 2020
Authorized Signer:
Customer
Print Name:
Authorized Signer:
Contractor
Print Name:
Title:
Title:
Date:
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