HomeMy WebLinkAbout22- Amendment 1 - PSA with Greenspace Landscaping - Snow Plowing Services in the Parking Garage
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE,
EQUIPMENT, AND SERVICE AGREEMENT
FY 2022-FY 2027
Page 1 of 6
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
WITH GREENSPACE LANDSCAPING dated September 14, 2021 (the “Agreement”) is made
and entered into this 1st day of November, 2022, 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 Passport
Labs, Inc., hereinafter referred to as “Passport” or “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Amended Scope of Work The Scope of Work attached as Exhibit B replaces Exhibit A.
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
DocuSign Envelope ID: 325C0676-9921-4BAE-BC5B-9714BC8C168C
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE,
EQUIPMENT, AND SERVICE AGREEMENT
FY 2022-FY 2027
Page 2 of 6
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA Greenspace Landscaping
By________________________________ By_____________________________
Jeff Mihelich, City Manager Micheline Bisailon
Owner
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: 325C0676-9921-4BAE-BC5B-9714BC8C168C
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT,
AND SERVICE AGREEMENT
FY 2022-FY 2027
Page 1 of 6
EXHIBIT B: SCOPE OF WORK
SERVICE CONTRACT - SNOW REMOVAL - 2022/2023 Season
Client Name: Parking Garage (City) Phone: 406-946-2869 (Mike)
Address: 26 E. Mendenhall St.
Billing Address: Address: P.O. Box 1230, Bozeman, MT 59771
Email (for electronic invoices): n/a
If you would like Greenspace to perform snow removal services for your property, please review, sign and return this
contract no later than October 1st, 2022 or we cannot guarantee services. Thank you for your understanding and your
prompt response.
Terms and Conditions:
This contract is based upon a per plow rate. The season shall commence on Oct, 15th 2022 and shall terminate
on April 30, 2023. If a snow event occurs outside this designated season, the client must call Greenspace to
request services.
During the season, snow plowing will commence within a reasonable time after accumulation.
City of Bozeman clients, please refer to the City of Bozeman Municipal Code for snow removal regulations – it
states that you are required by law to remove any snow from your sidewalks within 24 hours of snowfall.
Clients who live outside of the City limits, please indicate below at what accumulation you would like us to
remove snow (any snow accumulation above 2" will be automatically removed.)
Client is responsible for contacting Greenspace office immediately if snow is removed by client. If Greenspace
is not contacted and Greenspace employee drives to site to remove snow, client will be billed for contracted
snow removal services.
DocuSign Envelope ID: 325C0676-9921-4BAE-BC5B-9714BC8C168C
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT,
AND SERVICE AGREEMENT
FY 2022-FY 2027
Page 2 of 6
Greenspace Landscaping is pleased to offer snow removal services on federal holidays during the contracted
snow season at an additional 50% of the client’s contracted rate. Please indicate below if you would like
Greenspace to perform snow duties on these days. If you decline services on these holidays, we will perform
snow removal services the following day instead at the regular contracted per plow price. We will not be able to
add or accommodate services for the holidays on the day of the holiday so please indicate in advance.
On a non-snow event day (meaning it didn't snow that day), all snow removal services will be charged at an
hourly rate of $170/hr. including drive time for the snow plow driver to and from the Greenspace shop (half
hour minimum). This includes but is not limited to snow drifting events or a client needing additional plowing
on a non-snow event day.
Ice melt application: Ice melt product will be charged at $2.75 per pound. Labor to apply ice melt will be
charged at $150/hr/person with a 15-minute minimum.
Customer understands that plowing, sanding or salting of a particular location may not clear the area to “bare
pavement” and that slippery conditions may continue to prevail even after plowing (or application of salt or
sand). Customer understands that contractor assumes no liability for this naturally occurring condition.
Customer agrees to defend and hold harmless the contractor for any and all suits that may arise as a result of
this naturally occurring condition.
Once snow falls we are unable to determine what lies under the accumulation. In order to avoid accidental
damage to turf, sprinkler heads, outdoor lighting, woody plants, and other landscape items we kindly request
clients to stake their driveways prior to Oct 15th. This requirement is in place to protect our clients’ property.
Greenspace is also available to do the staking for our clients at an additional cost.
Greenspace Landscaping, Inc. is not responsible for damage to turf grass, sprinkler heads, outdoor lighting, or
any unknown objects that have not been marked by a stake. With gravel driveways or parking areas it is likely
that gravel may be distributed into the grass during snow removal services. Greenspace is not responsible for
the distribution of this gravel. Gravel cleanup is available at an additional cost. Greenspace is not responsible
for damage to any form of paver or concrete driveways or sidewalks including stamped and colored concrete.
Reports of damage must be reported to the contractor within 24 hours. Failure to report the damages
constitutes a waiver and the contractor is released from liability.
Sanding of parking lots and sidewalks is available; please call Greenspace office for quote. Chipping of
sidewalk ice buildup is available at an additional cost of $150/hr/person (half hour minimum). Quoted contract
DocuSign Envelope ID: 325C0676-9921-4BAE-BC5B-9714BC8C168C
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT,
AND SERVICE AGREEMENT
FY 2022-FY 2027
Page 3 of 6
rate does not include front end loader service. Loader services for removing snow will be charged separately,
please call office for cost of services.
Please check any services you would like this season. Please note we will charge a fuel surcharge for each
service visit when gas prices are over $3.50 per gallon.
______Sidewalks Only: Under 6” $___162__ 6”+ $__182___
________Ice melt ______ Driveway or lot staking
In the County properties please indicate: Snow will be removed at ___________ inches or more (any snow
accumulation of 2" or more will be removed and invoiced automatically).
Yes, please remove snow on these Holidays (50% surcharge):
________Thanksgiving Day _________Christmas Day ________New Years Day
(11/24/22) (12/25/222) (1/1/23)
Payment Terms:
Failure to make timely payment terminates the contract and relieves the contractor from any further liability to
plow the snow.
A late charge of 1.5% per month will be imposed upon any payment which is not made within 15 days from the
date of invoice, which charge shall continue to accrue until such payment is made.
Insurance:
Greenspace Landscaping, Inc. will maintain liability insurance and (ii) workers compensation for their
employees.
Attorneys Fees and Costs:
DocuSign Envelope ID: 325C0676-9921-4BAE-BC5B-9714BC8C168C
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT,
AND SERVICE AGREEMENT
FY 2022-FY 2027
Page 4 of 6
Should I not pay my account as agreed, I agree to pay interest on my account at the rate of 18% on the unpaid
balance and all costs of enforcing my duty to pay, including without limitation, costs of recording and serving
liens or documentation associated with serving liens, attorney fees, title company fees, and court costs. This
proposal may be withdrawn by Seller if not accepted within (30) thirty days. A $30 charge will be added to any
checks returned by our bank.
Client Signature: _____________________________________________________________ Date: _________________
Contractor Signature: _____Micheline Halpin____________________________________Date: ___10/25/2022____
DocuSign Envelope ID: 325C0676-9921-4BAE-BC5B-9714BC8C168C