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Home My WebLink About12- Solstice Landscaping LLC 2012-2013 Snow Removal Contract for Fire Station at Rouse and Mendenhall GENERAL CONDITIONS City of oz an Snow Removal Contract FY 2012 - 2013 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 (60) days from the date of default. The 60-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. S. 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 famished 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-four(24)hour period, 10. SUPPLIES AND EQUIPMENT The Contractor shall furnish all supplies necessary for accomplishment of all work as specified. 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 council. The Contractor shall furnish all equipment necessary for accomplishment of all work as specified. 11. 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. 2 12. MAINTAINING OF CQ TRACTQWS 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. Narnes of authorized Conti-actor'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 pail 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 seheduled 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. 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. 3 17. NON-DISCRIMINATION IN HIRING All hiring must be on the basis of merit and qualifications. '"I'liere 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 94250 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 work to be performed, and then only to the extent that such work is consistent with the other terms 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 perfomiance 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 term.s 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. 22. SUPERVISION,INSPECTION AND COMPLAINTS Any supervision, inspection or complaints during the term of the contract should be directed from or through the Superintendent of Facility Services for the City of Bozeman, and is 4 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 problems 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 noncoril-brinity in any one area or consistent overall nonconforniance to -workmanship and standards may result in ten-nination 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 perfon-ned. The Contractor is responsible for instructing his employees in safe work practices. 24. CHANGES IN SQUARE FOOTAGES OF BUILDINGS SERVED Any changes in square footages in any of the buildings served 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. 25. 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. 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 5 the staid oftlie contract and any deviation from this schedule will be approved by the Owner 32. ONE-VEAR EXTENSIONS Bidder and the Owner agree that this Contract may, upon mutual agreement, be extended f'or a period of one year at a time, with no rnore than four such extensions allowed. In no case, however, may this contract run longer than six years. Negotiations for the extension of this contract sgall be completed not less than sixty days prior to the te rin fi-lati oil of this contract. Contract Includes: Attachment "A" Frequency and Work Schedule CONTRA.CTOR: Business- Name- .................... ........ Signature. Date: CITY OF BOZEMAN Chris Kukulski, City Manager: Date: ............. Nt ,..MSCRIl t A`t ION AFFIRMATION ION FOR le-'---, k nat ae o tatity submitting]hereby affirms it will not discriminate on the basis of race, color, religion,cj- sex, age,marital status,national origin, or because of actual or perceived. sexual orientation, gender identity or disability in the perforn-ance of work performed for the city of Bozeman., if a contract is awarded to it,and also recognizes the eventual contract,it'awarded,will contain a provision prohibiting discrimination as described �n above and that lilts prohiibit oli shall apply to the hiring and treatinent of the en,e of entity submitting] employees and to all subcontracts it enters into in perforanance ofT ie agreement with the city of Bozeman. Signature of Bidder: Pmon authorized to sign on behalf of ttae bidder (406) 587-2250 523 VVW BABCOCK T. BOZEMAN . MT . 59715 i t1-17-2012 Re: Fire Station @ Rouse and Mendenhall Bozeman, MT Snow Removal for Winter of 2012 and 2013 Season Attn: James James, Thank you for allowing us to draw up an estimate for this project. Our rates and specifications for snow plowing I snow removal are listed below. Areas to be plowed would be all sidewalk and parking areas at the City Hall. Prices quoted for these areas would be based on the average time necessary to remove I —5.99 inches of snow. Price for snow depth greater than 6 inches would be a set amount in addition to the normal rate. Available Equipment 4 full-sized pick ups w/plows. I 6205 Bobcat I ATV w/plow Toro/Honda walk-behind snow throwers Truck sander/spreader Sand/Deicer-upon request of the owners. Parking lots * I inch or more—50.00 Parking lots @ 6 inches or more—75.00 Sanding or other snow removal maintenance— 120 hr. —upon request. Snow removal will take place between the hours of 4:00 AM and 8:00 PM unless necessary to keep areas clear as a result of abnormal snow accumulation. Snow removal will take place for the sidewalk areas after receiving more than a trace of snow. Snow removal will take place for all other areas after receiving I inch or more of snow accumulation or upon request of the property manager. Snow removal needing to be done as a result of drifting snow or abnormal build up is available upon request. Maintenance of walkways and areas needing sanding or ice smelter as a result of ice build up or ice build up prevention is also available. If this estimate seems agreeable,please sign and return this estimate to Solstice Landscaping. This will serve as the contract for the work to be done at the premises for the season. Solstice Landscaping is a licensed and insured contractor in the state of Montana. We have specialized in landscape contracting for 10 years and are able to supply references upon request. Thank you again for allowing us the opportunity to provide and estimate for this project. Geoff Hammond Solstice Landscaping LLC Member/Manager Owner or Management of Property date