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REPORT TO: Honorable Mayor and City Commission
FROM: James Goehrung, Superintendent of Facility Services
Chuck Winn, Assistant City Manager
SUBJECT: Addendum to the Professional Services Agreement of the Contract for Snow
Removal Services for the Bozeman Public Library with Alpine Lawn Care.
MEETING DATE: December 22, 2014
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: Authorize the City Manager to sign the Addendum for the
Professional Services Agreement of the Contract for Snow Removal Services for the Bozeman
Public Library with Alpine Lawn Care.
SUGGESTED MOTION: Authorize the City Manager to sign the Addendum for the
Professional Services Agreement of the Contract for Snow Removal Services for the Bozeman
Public Library with Alpine Lawn Care.
BACKGROUND: Facilities received a request from Alpine Lawn Care the Contractor that
was awarded the contract for snow removal at the Bozeman Public Library for this season. For
personal family reasons he wanted to sub-contract the snow removal services to another qualified
firm he has worked with in the past, All Valley Landscape LLC. In working with the Legal
Department the ability to sub-contract must be approved by the city. The sub-contractor will
follow the same requirements required of the primary contractor and payments will be made the
primary contractor who will then pay the sub-contractor.
UNRESOLVED ISSUES: Staff has met with both contractors on site to discuss the scope of
work and the conditions needed to sub-contract and the procedure for city approval.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: Alpine was the low bidder for the Library site and the sub-
contractor has agreed to meet the price per plow and shovel and other conditions such as
insurance requirements and state requirements such as prevailing wage rate.
Attachments: Addendum to the Professional Service Agreement
Report compiled on: December 16, 2014
LIBRARY SNOW REMOVAL CONTRACT REVISION
December 9, 2014
Alpine Lawn Care was awarded the contract for snow removal services at the Bozeman Public
Library for this season. I received a request from Shane Skinner with Alpine on December 5,
stating that due to family interests he wanted to sub-contract the service work to another
experienced contractor, All Valley Landscape Services LLC.
Alpine was the low bidder on the project and after checking with the City Attorney's office I was
given confirmation that the current contractor could sub-contract if the following items were
addressed.
The City will need to approve the sub-contract through consent. The contract and conditions will
remain with Alpine and All Valley has been contacted and provided a copy of their City of
Bozeman Business License and Proof of Insurance form and they have been directed to include
the City of Bozeman as Additionally insured.
The current contract with Alpine has been modified to identify the sub-contracting for this
season to All Valley Landscape Services LLC. The modified contract is attached and copies are
delivered to the City Manager and City Attorney for signatures which will approve the revised
contract for this season.
Once complete I will prepare a memo to the City Commission to authorize the signature of the
City Manager for the contract revisions.
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FIRST ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT is
made and entered into this 22nd day of December, 2014, 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,"
Alpine Lawn Care, hereinafter referred to as "Contractor" and All Valley Landscaping Services,
LLC, hereinafter referred to as "Subcontractor."
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. The purpose of this First Addendum is for the City to authorize Contractor to
sub-contract the duties and obligations under the Professional Agreement between the
City and Contractor for snow removal services dated September 15, 2014 to
Subcontractor and to describe the terms and conditions for such authorization.
2. Authorization to sub-contract: Section 16 of the Agreement states "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 City. Any subcontractor or
assignee will be bound by all of the terms and conditions of this Agreement." The City
hereby authorizes Contractor to sub-contract with All Valley Landscape Services, LLC
subject to the following requirements:
a. Contractor shall continue to remain responsible for all requirements of the
Agreement and nothing herein shall be deemed to relieve Contractor of its
obligations under the Agreement.
b. Subcontractor shall comply with and be bound by the all requirements of the
original Agreement.
First Addendum to Professional Services Agreement for Snow Removal
FY 2014—FY 2015
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c. Subcontractor may not commence services under this First Addendum until the
Subcontractor provides insurance naming the City as an additional insured
pursuant to the requirements of Sect. 7 of the Agreement.
3. Agreement still valid. All remaining terms and provisions of the Agreement remain
valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA CONTRACTOR(Alpine Lawn Care)
By By
Chris Kukulski, City Manager Print Name:
Title:
SUBCONTRACTOR (All Valley Landscaping Services, LLQ
By:
Print Name:
Title:
APPROVED AS TO FORM
By
Greg Sullivan, Bozeman City Attorney
First Addendum to Professional Services Agreement for Snow Removal
FY 2014—FY 2015
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