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HomeMy WebLinkAbout11- Mayville Landscaping Snow Removal Contract FY 2011-2012 EIVEEI) OCT` I GENERAL CONDITIONS City of Bozeman Snow Removal Contract FY ,,/I - �_e 12-- 1. MATERIAL AND LABOR BOND For the protection of the Owner, in the event of default, the Contractor shall procure and maintain for the term of the contract, at his/her own expense, and in a company or companies acceptable to the Owner, a material and labor bond in the amount of One Hundred percent (100%) of the contract to run for a period of not less than ninety (90) days from the date of default. The 90- day period would provide adequate time for the Owner to arrange for other services. 2. PERFORMANCE BOND For the protection of the Owner, in the event of default, the Contractor shall procure and maintain for the term. of the contract, at his/her own expense, and in a company or companies acceptable to the Owner, a performance bond in the amount of One Hundred percent (100%) of the contract to run for a period of not less than ninety (90) days from the date of default. The 90-day period would provide adequate time for the Owner to arrange for other services. 3. COMPREHENSIVE GENERAL LIABILITY INSURANCE The Contractor shall carry comprehensive general liability insurance policy which includes bodily injury, property damage and automobile liability insurance, with limits of not less than $1,000,000 per claim and $1,500,000 per occurrence. This certificate MUST name the City of Bozeman as additional insured under the Contractor's policy. All policies of insurance will provide for not less than thirty (30) days written notice to the City before they may be revised, non-renewed or cancelled. This Certificate shall be updated annually. 4. INDEMNIFICATION The Contractor shall indemnify the Owner against any and all actions, suits, claims, demands or liability of any character whatsoever, arising out of Contractor's negligence, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, resulting from or occurring in connection with the performance of the work herein specified. The Contractor assumes all responsibility and agrees to reimburse the Owner for any damage to property of the Owner caused by or occurring in connection with doing any work hereunder. 5. ASSIGNMENT OF CONTRACT The Contractor shall not assign the contract affected by the acceptance of this proposal or any part thereof without written approval of the Owner. Each and all of the covenants and agreements contained in the contract affected by the acceptance of this proposal shall extend to and be binding upon the successors of the parties thereto. I 7. SUPERVISION The Contractor shall at all times provide qualified supervision using his/her best skill and attention to fulfill the covenants and agreements of the contract. If the supervisor is other than the Contractor, adequate documentation, acceptable to the Owner, shall be submitted showing the qualifications of the supervisor(s) and the same shall be approved by the Owner. In all cases the supervisor shall represent the Contractor in his/her absence and all directions given to him/her shall be binding as if given to the Contractor, 8. MONTHLY INSPECTION CHECK-OFF SHEET A monthly inspection shall be accomplished by a walk thorough by the owners of the snow removal service and a check-off sheet shall be kept on a weekly basis to record all work accomplished by the crew. The report will provide documentation of the work completed during the last month, specialty work scheduled during the next month, and any irregularities identified by the Contractor that might require attention from the Owner. 9. ENFORCEMENT All services performed, materials and supplies furnished or utilized in the performance of services, and workmanship in the performance of services will be subject to inspection and test by the City to the extent practicable at all times and places, during the term of the contract. The City reserves the right to inspect a work area during any twenty-your(24)hour period. SUPPLIES AND EQUIPMENT The Contractor shall furnish all supplies necessary for accomplishment of all work as specified. Industrial strength supplies will be properly stored and handled, following manufacturer's instructions. Material Safety Data Sheets (MSDS) will be provided for each of the supplies stored. For those buildings designated as green buildings,the Contractor agrees to use only products that meet the standards established by the green building coinlcil. The Contractor shall furnish all equipment necessary for accomplishment of all work as specified. 11. MAINTENANCE OF EQUIPMENT All maintenance of equipment used in custodial services shall receive proper care and maintenance and be kept in good operating condition and properly supplied with brush, etc., suitable for required task. All ,electrically driven equipment shall be equipped with operable approved safety devices. Power equipment shall have rubber bumper protectors in place to protect finishes and furniture. 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. 2 12. MAINTAINING OF CONTRACTOR'S LOG For the protection of both the Contractor and the Owner, the Contractor shall maintain a daily log for each facility, for each day of work showing the following information: A. Names of authorized Contractor's employees. B. Time of entry and departure. C. Note any safety or security problems that arise. 13. MAINTAINING OF OWNER'S LOG A written report of the deficiencies shall be filed and a copy given to the contractor for his/her record and response. Contractor's written and signed response will be made a part of the file. Daily services found to be incomplete, defective, or not accomplished as scheduled will be reported to the Contractor,to ensure non-recurrence.. Services other than everyday services reported incomplete, defective or not accomplished as scheduled will be reported to the Contractor for prompt corrective action by the Contractor and will be acceptably completed or corrected within the time schedule as determined by the City. Upon failure to accomplish the corrective action in a timely manner the owner reserves the right to schedule the work and charge the Contractor for the costs incurred. 14. CLEANING SCHEDULE In providing his/her services the Contractor shall adhere to the frequency and work schedule found in Attachment "A". Schedule will be determined by the Contractor, and submitted to the Owner for approval. At times the Contractor may providing his services during normal work hours, provided, however, that the Contractor shall not disrupt the normal daily business while performing his/her services. Daily general cleaning is defined under the City of Bozeman snow removal ordinance. 15. BIDDERS' STATEMENT OF QUALIFICATIONS All bidders shall complete, and attach to his bid, the questionnaire found in Attachment "B". Failure to attach the questionnaire shall be grounds for disqualification of bid. 16. PREVAILING WAGE DETERMINATION In accordance with Section 18-2-402, M.C.A., all contractors and subcontractors shall pay the standard prevailing rate of wages, including fringe benefits for health and welfare .and pension contributions and travel allowance provisions in effect and applicable to the county or locality in which the work is being performed. The prevailing wage rate for Gallatin County, as found in Attachment"C", shall apply. 3 Any questions concerning the amount of prevailing wages should be directed to the Montana Department of Labor and Industry, Labor Standards Division, P.O. Box 1728, Helena, Montana 59601. Phone: 444-5600. 17. NON-DISCRIMINATION IN HIRING All hiring must be on the basis of merit and qualifications. There may be no discrimination on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity, or physical or mental disability by the Contractor, as set forth in Commission Resolution#4250 and Section 49-3-207, Montana Code Annotated. 18. COMPLETE AGREEMENT This agreement, including these terms and conditions, the specification hereto and any additional terms and conditions incorporated into the attached hereto, constitutes the sole and entire agreement between the parties hereto. The Contractor's quotation is incorporated in and made a part of this agreement only to the extent of specifying the nature and description of the goods ordered, and then only to the extent that such items are consistent with the other tenris of this agreement. No other terms or conditions shall be binding upon Owner unless accepted by it in writing. 19. NON-WAIVER Failure of Owner to insist upon strict performance of any of the terms and conditions hereof or failure or delay to exercise any rights or remedies provided herein or by law or to promptly notify Contractor in the event of breach, or the acceptance of or payment for any goods or services hereunder, shall not release Contractor of any of the warranties or obligations of this contract, and shall not be deemed a waiver of any right of Owner to insist upon strict performance hereof or any of its rights or remedies as to any good such goods or services, regardless when received or accepted, or as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by Owner operate as a waiver of any of the terms hereof. 20. APPLICABLE LAW The definitions of terms used, interpretation of this agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Montana. 21. OWNER'S PERFORMANCE OF CONTRACTOR'S OBLIGATIONS If the Owner directs the Contractor to correct nonconforming or defective goods by a date to be agreed upon by the Owner and Contractor, and the Contractor thereafter indicates its inability or unwillingness to comply, Owner may cause the work to be performed by the most expeditious means available to it, and the Contractor shall pay all costs associated with such work. Contractor's contractual, including warranty, obligations shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by Owner. 4 22. SUPERVISION INSPECTION AND COMPLAINTS Any supervision, inspection or complaints during the term of the contract should be directed from or through the Director of Facility Services for the City of Bozeman, and is required to be in writing. Services found to be incomplete, defective or not accomplished as scheduled will be reported to the Contractor for appropriate corrective action. If the existing problem constitutes a hazard or unsafe condition, corrective action shall be immediate, at no additional expense to the Owner. Otherwise the Contractor shall take corrective action during the next work period. A written report of the problem shall be filed and a copy given to the Contractor for his/her record and response. Contractor's written and signed response will then be attached to file copy. Repetitive nonconformity in any one area or consistent overall nonconformance to workmanship and standards may result in termination of the contract and/or other punitive action as deemed necessary by the Owner. The Owner shall retain the right to determine whether an adequate level of service and workmanship is being maintained. 23. TRAINING AND SAFETY The Contractor shall be responsible for instructing and training the Contractor's personnel in proper and specified work methods and procedures. They shall direct, schedule and coordinate all snow removal services and functions to completely accomplish the work as required by contract and as specified herein. The supervisors shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing his employees in safe work practices. 24. CHANGES IN SQUARE FOOTAiGES OF BUILDINGS SERVED Any changes in square footages in any of the buildings seined under this contract shall be forwarded by the Owner 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. 2 . FAILURE TO PERFORM Failure of the Contractor to perform the duties of this contract to a satisfactory standard, or to respond to notification of deficiencies may lead to immediate termination of this contract, with no compensation. The Performance Bond will be exercised while a new Contractor is being sought. 26. EMERGENCY CALL OUT In the event of an emergency, the Contractor may be requested to provide immediate assistance in clean-up. This work shall be performed at a cost not greater than one and one-half times the standard hourly rate. 5 City of Bozeman Snow Removal Contract FY 2009 — 2010 Attachment _ "B" Bid Document Information requested on this bid document must be completed and turned in by the specified date and the specified time to the City Clerk. Bids will be submitted ina sealed envelope, clearly identifying the Contractor on the outside of the envelope. The City reserves the right to reject any and a,ll bids considered non-responsive and reserves the right to waive any bid irregularities. A price per time for each of the listed facilities or parking lots is needed to accurately evaluate all bids. The Owner may elect tm award specific buildings to specific Contractors in order to gain the best overall price for the services provided. If you elect to only propose service for a few of the sites listed below then write in the dollar amount for that facility nr parking lot. Complete a description for each of the facilities or parking lots that services are to be provided'for uhnvvn below: (Clearly spell out the dollar amount for each facility nrparking lot listed below—for example— [Eighty Five] dollars.......) 1. Alfred M.Stiff Professional Building 20 East Olive East and West side parking lots,alley area between lots and alley north tn East Olive. South Tracy frontage sidewalk dollars to clear the rkinQ lots for each snow event P.&L�.� dollars for each application of sand to the parking Lox. �5, � , ���� 6��°�ue Page I / � _- I Bozeman City Hall 121 North Rouse East and West side parking lots and driving aisles. � z-",--,,--dollars to clear the parking lots for each snow event 11/11" dollars for each application of sand tn the parking Lot. 3. Bozeman Public Library 262 East Main Main parking lots and exit drives to East Main and in South Wallace. All site sidewalks. dollars to clear the parking lots for each snow event dollars to clear all the site sidewalks for each snow dollars for each application of sand to the parking dollars for each application of sand to the site 4. Bozeman Senior Social �Center 8O7 North Tracy Main parking lot. All site s|devva|ks dollars todeerthe parking lots for each snow event dollars to clear all the site sidewalks for each snow eve Page 2 dollars for each application of sand tothe parking dollars for each application of sand to the site sidewalks. S. nd City Hall Annex 411 East Main and ]4 North Rouse Main parking lots to the north and south side of the alley, and the parking areas to the east ofFire Station #1 �e r"'--dollars t clear the parking lots for each snow event dollars for each application of sand to the parking Lot. 8. 5uruptonoistPerk (southwest corner uf the intersection) Perimeter sidewalks along South Rouse,from the south edge of the alley. Sidewalk along East Main Street. n the park interior sidewalks i dollars to clear all the site sidewalks for each snow dollars for each application of sand tu the site Page 3 7. Bozeman |ntermmda| Facility 26 East k4endehaU All sidewalks associated with the garage, bus driving aisle, pedestrian island along East Mendenhall dollars to clear all the site sidewalks for each snow dollars for each application of sand tn the site dollars tn clear the bus driving aisle for each snow dollars to clear the pedestrian island for each snow event. The parking lots that services are tobe provided for are: B. East Babcock and South Rouse Lot (northwest corner ofintersection) Main parking lot to Eagles Lodge parking stalls to the north of the lot and driving aisles. Perimeter sidewalk along East Babcock and South Rouse dollars to clear the parking lots for each snow event dollars tm clear all the site sidewalks for each snow event. ZZ -dollars for each application nf sand tu the parking Lot. // dollars for each application of sand to the site 9. North Black and East Mendenhall (west of the Carnegie Building) Main parking lot and driving aisles. Page 4 Perimeter sidewalks along East Mendenhalland North Black to the north edge of the alley. dollars to clear the parking lots for each snow event dollars to clear all the site sidewalks for each snow event. dollars for each application nf sand to the parking Lot, dollars for each application of sand tn the site sidewalks. 18. East Mendenhall and North Willson (northeast corner of the intersection) Main parking lot and driving aisles tothe north side of the alley. Perimeter sidewalk along North Willson to north edge of the alley. Sidewalk along East Mendenhall. dollars to clear the parking lots for each snow event dollars tn clear all the site sidewalks for each snow dollars for each application uf sand bo the parking / dollars for each application of sand to the site sidewalks. Page 5 12. East KHeodehmU and North Willson (southeast corner of the intersection) Main perking lot and driving aisles. Perimeter sidewalk along North Willson tosouth edge ofalley. Sidewalk along East Mendenhall. dollars to clear the parking lots for each snow event dollars tn clear all the site sidewalks for each snow event. Z dollars for each application nf sand to the parking Lot. Z dollars for each application of sand to the site Provide a brief narrative describing the types of equipment that will be used to pick up and haul snow from the snow storage areas on each of the sites when the size of the stored snow pile interferes with the ability effective move snow on the site. In order to make a fair comparison for all bidders provide a cost per cubic yard to load and haul snow form the on-site snow storage area. 12. Snow hauling � dollars per cubic yard nfsnow. Page 16 27. HOURS DURING WHICH WORK IS TO BE PERFORMED The work under this contract is to be performed during non-business hours. The hours will be established by the contractor and conveyed to the owner. Hours will reflect the limitation of work hours established by city ordinance. Where possible, consideration will be given for adjoining property owners so as not to disrupt their activities. Specific hours will be agreed to at the start of the contract and any deviation from this schedule will be approved by the Owner 32. ONE-YEAR EXTENSION Bidder and the Owner agree that this Contract may, upon mutual agreement, be extended for a period of one year at a tune, with no more than four such extensions allowed. In no case, however, may this contract run longer than six years. Negotiations for the extension of this contract shall be completed not less than sixty days prior to the termination of this contract. Contract Includes: Attachrnent"A" Frequency and Work Schedule CONTRACTOR: Business: ,,. Name: Signature: Date: CITY OF BOZEMAN Chris Kukulski, City Manager Date: 6 0 VED Q CT 11 DATE(MMIDOffYYY) CERTIFICATE OF LIABILITY INSURANCE 110/1312011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONT C T WEBB MANDEVILLE PRODUCER MANDEVILLE INSURANCE AGENCY, INC. TONE., FAX 406-322-5361 .1:406-322-5461 PO BOX 69 N Ext): E-MAIL COLUMBUS, MIT 59019-0069 ADDRESS!webb@mandeville-insurance.com INSURER(S)AFFORDING COVERAGE NAtC A� INSURERA: TRAVELERS PROPERTY CASUALTY INSURED MAYVILLE LANDSCAPING, INC. INSURERS: MONTANA STATE FUND STEVEN A & KAREN D MAYVILLE INSURERC: P 0 BOX 4571 INSURE BOZEMAN MAN MT 59772-4571 INSURER E,. I INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS mm A 11 UL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INM_Wp POLICYNUMBER IMM/owyYYY) JMM/DDJYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED x COMMERCIAL GENERAL LIABILITY PREMISES Ea $ 300,000 CLAIMS-MADE OCCUR ME D EXP(Any one person) $ 5,000 A CLAIMS-MADE N N 1-680-251 M7992-PHX-11 10/1712011 10/17/2012 PERSONAL&Acv INJURY s 1,000,000 GENERAL AGGREGATE S 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS.-COMPIOP AGG S 2,000,000, 1 POLICY[7"' LOC Fire Dama2e JECT s AUTOMOBILE LIABILITY COMBINFUSINGLE LIMIT Ecnt— S 1,000,000 LR qEgdl _ ANYAUTO BODILY INJURY(Per person) 5 ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ ALITO$ AUTOS A NON-OWNED N N BA-252M1618-11-SEL 10117/2011 10/1712012 PROPERTY DAMAGE HIRED AUTOS AUTOS (Peraccident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB AGGREGATE OED i I RETENTION S WORKERS COMPENSATION ..X_L�WC STATU- "CTH- AND EMPLOYERS'LIABILITY YIN BANY PROPRIETORIPARTNERIEXECUTIVE —] E_L EACHACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUO FY NIA N 03-136411-0 07/0112011 000112012 IMandatory In I E L.DISEASE-EA EMPLOYE d S 1,000,000 If yes,describe under DESCRI PTtON OF OPERATIONS below E.L.DISEASE.POLICY LIMIT I S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if mom space is required) Steven A Mayville - President Karen Mayville -Vice President CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF BOZEMAN THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN C/O JAMES GOEHRUNG ACCORDANCE WITH THE POLICY PROVISIONS, P 0 BOX 1230 BOZEMAN MT 5977 1- 1230 AUTHORIZED REPRESENTATIVE @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD