HomeMy WebLinkAbout12- Alpine Lawn Care 2012-2013 Snow removal ContractGENERAL CONDITIONS
City of Bozeman Snow Removal Contra
FY 2012 - 2013 1-
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 (10 0%)
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.
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.
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.'
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 sane 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.
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-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 firrnish 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.
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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 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 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.
I I I i I � ` � I I IRINKIIIII
All bidders shall complete, and attach to his bid, the questionnaire found in Attaclunent
"B". Failure to attach the questionnaire shall be grounds for disqualification of bid.
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.
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17. NON-DISCRIMINATION IN HIDING
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 94250 and Section 49-3-207, Montana Code Annotated.
18. COMPLETE AGREEMI<NT
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 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 govenred by the laws of the State of .Montana.
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.
Any supervision, inspection or complaints during the terra of the contract should be
directed from or through the Superintendent of Facility Services for the City of Bozeman, and is
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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. Contractors 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.
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.
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.
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 perfon-ned at a cost not greater than one and one-half
times the standard hourly rate.
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
Bidder and the Owner agree that this Contract may, upon mutual agreement, be extended
for a period of one year at a time, 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.- Attachment "A" Frequency and Work Schedule
CONTRACTOR:
Business:
Name:
Signature:
Date:
CITY OF BOZEMAN
Chris Kukulski, City Manager:
Date: t H 3 -12-
6
[name of entity submitting] hereby affirms it will not discriminate
on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because
of actual or perceived sexual orientation, gender identity or disability in the performance of
work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the
eventual contract, if awarded, will contain a provision prohibiting discrimination as described
above and that this prohibition shall apply to the hiring and treatment of the
. ........ . %7-1 - — [name of entity submitting] employees and to all subcontracts it
enters into in performance of the agreement with the city of Bozeman.
Signature of Bidder: — ---------
"P�;,;,,o. autwized to sign on behalf of the bidder
City of Bozeman Snow Removal Contract
FY 2012 -- 2013
As per the terms and conditions of the FY 2011-2012 contract the Snow Removal Contract can
be extended for another year upon mutual agreement.
The contractor has agreed to continue service for the upcoming year at the cruxent contract price.
The contractor agrees to 'follow all the terms and conditions of the current contract.
The buildings or parking lots that services will be provided for include the following:
Lot or Building Price Per Time
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CONTRACTOR:
Business: a c ..
Name:
Signature:
Date: t ✓ - T l ,
CITY OF BOZEMAN
Chris Kukulski, City Manager:
Date: I 1 - 13 - i