REQUEST FOR PROPOSALS LANDSCAPING AND GROUND MAINTENANCE ...northogd.ipower.com/wp/wp-content/uploads/2013/02/RFP-for... · request for proposals landscaping and ground maintenance

REQUEST FOR PROPOSALS

LANDSCAPING AND GROUND MAINTENANCE CONTRACT

NORTH OGDEN CITY CORPORATION

RECEIPT OF PROPOSALS: North Ogden City is requesting proposals for LANDSCAPING AND GROUNDS MAINTENANCE CONTRACTS. DESCRIPTION OF WORK: To provide landscape maintenance services by for the City parks, grounds and trails owned by North Ogden City. Work to include, but not limited to, mowing, trimming, edging, planting, cleaning, weeding, watering, pruning, fertilizing, sprinkler maintenance, etc. North Ogden City is also requesting proposals to provide snow plow services for City parking lots and sidewalks. Applicants may bid on the landscape maintenance and/or snow plowing services. North Ogden City may award all or individual components to an applicant. A (3) three year contract with the successful party (ies) will be negotiated from this request. DEADLINE FOR PROPOSALS: The proposal will be received until 4:00pm. on March 29, 2013 at North Ogden City Hall, 505 East 2600 North, North Ogden, Utah 84414. OBTAINING DOCUMENTS: Requests for proposal information and contract documents may be obtained at the North Ogden City Hall as listed above. REQUIRED PRE-BID MEETING: A pre-bid meeting will be held at the North Ogden City Hall Council chambers on March 13, 2013 at 10am. All bidders must attend. Scope of work, answers to questions and landscape area highlights will be reviewed. The pre-bid meeting will include a site visit at the properties to be maintained. PROJECT ADMINISTRATION: All questions relative to this project, prior to the opening of bids, shall be directed to the Community Services Director at the Community Services office. All questions must be submitted in writing and will be answered and forwarded to RFP document holders who attended the pre-bid meeting as an addendum to the request for proposals. OWNER’S RIGHTS RESERVED: The owner reserves the right to reject any and/or all proposals, to waive any informality in a proposal and to make awards in the interest of North Ogden City. Dated this February 27, 2013. By: Ronald F. Chandler, City Manager North Ogden City Corporation Published: March 3, 2013 and March 10, 2013

REQUEST FOR PROPOSALS

LANDSCAPING AND GROUND MAINTENANCE CONTRACT

NORTH OGDEN CITY CORPORATION

SUMMARY SHEET Project Sponsor: North Ogden City Location: North Ogden City parks, grounds and trails (see attached map) Requested Services: A qualified and licensed contractor to provide maintenance to the City

parks, grounds and trails (65.3897 acres) in North Ogden City.

A qualified contractor to provide snow plowing services for North Ogden City parking lots (360,342 square feet) and sidewalks (25,698 lineal feet). Work to be done in accordance with the contract, a copy of which is included.

Contract Tiffany Staheli, Community Services Director Representative: North Ogden City 2705 North 550 East North Ogden, Utah 84414 Phone: (801) 737-0587 Fax: (801) 737-4784 Advertisement Dates: March 3, 2013 and March 10, 2013 Pre-bid Meeting: March 13, 2013 at 10am. – Attendance is required. Proposal Due Date: March 29, 2103 by 4pm. Proposal Format: 6 copies of the proposal are required. 1 electronic copy of the proposal is

also required. Responses to the request will be made in accordance with the guidelines and information provided herein. The City reserves the right to interview respondents or to request product demonstrations as part of the proposal evaluation process and to reject any or all proposals.

Submit Proposals to: City Recorder’s Office, 505 East 2600 North North Ogden, Utah 84414 Electronic copy – [email protected]

mailto:[email protected]

REQUEST FOR PROPOSALS for

NORTH OGDEN CITY LANDSCAPING AND GROUNDS MAINTENANCE CONTRACT

I INTRODUCTION This Request for Proposal is intended to provide maintenance services for parks, grounds and trails in North Ogden City. II SCOPE OF WORK The Scope of Work shall be stipulated in the attached LANDSCAPING AND GROUNDS MAINTENANCE AGREEMENT. The parks, trails and properties included, with their acreage, are listed below.

PARK/PROPERTY NAME TYPE PARK SIZE (ACRES)

Wadman Park Park 7.6555

Oaklawn Park Park 5.8908

Barker Park Park 7.4620

Skate Park Park 0.0734

City Hall Office/Park 0.9353

Green Acres Park Park 10.1344

Lomond View Park Park 8.2547

Bicentennial Park Park 1.2781

Mountain View Park Park 4.2986

McGriff Park Park 4.8054

Senior Center Office 0.2079

1050 East 3100 North 0.2122

1050 East 2600 North 0.1066

Aquatic Center Park 2.5281

North Ogden Park Park 8.2657

Community Service Building 0.5419

300 East behind Lees Park Strip 0.2593

Trails Trails 2.4798

Total 65.3897

The Scope of Work shall be stipulated in the attached SNOW PLOWING AGREEMENT. The parking lots and sidewalk properties included, with their acreage, are listed below.

PARK/PROPERTY NAME TYPE Area (Square Feet)

Oaklawn Park Parking Lot 19,069

Orton Park Parking Lot 47,277

Barker Park Parking Lot 44,113

Wadman Park Parking Lot 52,123

North Ogden Park Parking Lot 16,096

Community Services Parking Lot 16,090

Mountain View Park Parking Lot 35,451

Lomond View Park Parking Lot 34,494

City Offices Parking Lot 48,190

Senior Center Parking Lot 21,711

Swimming Pool Parking Lot 25,728

Total: 360,342

LOCATION TYPE SIZE

Community Services 4 ft. sidewalk 442 lineal ft.

North Ogden Park 4 ft. sidewalk 1,324 lineal ft.

5 ft. sidewalk 671 lineal ft.



Bicentennial Park 4 ft. sidewalk 2,221 lineal ft.



7 ft. sidewalk 1,551 lineal ft.


City Offices Buildings 4 ft. sidewalk 187 lineal ft.






Skate Park 4 ft. sidewalk 243 lineal ft.

Senior Citizen Building 4 ft. sidewalk 402 lineal ft.



1050 East 2600 North 4 ft. sidewalk 241 lineal ft.

Oaklawn Park 4 ft. sidewalk 1,381 lineal ft.

Wadman Park 4 ft. sidewalk 687 lineal ft.



Barker Park 4 ft. sidewalk 2,052 lineal ft.


Orton Park 4 ft. sidewalk 816 lineal ft.



6 ft. 6 In. sidewalk 116 lineal ft.


Mountain View Park 4 ft. sidewalk 796 lineal ft.


1050 East 3100 North 4 ft. sidewalk 169 lineal ft.

Aquatic Center 4 ft. sidewalk 1,093 lineal ft.

McGriff Park 4 ft. sidewalk 563 lineal ft.


TOTAL 4 ft. sidewalk 12,617 lineal ft.



6 ft. 6 In. sidewalk 116 lineal ft.







Grand Total - All Sidewalks 25,698 lineal ft.

III OBJECTIVES AND TASKS The objectives and tasks shall be as stipulated in the attached Landscaping and Grounds Maintenance and SNOW PLOWING Agreements. IV QUALIFICATIONS AND RESPONDENTS – LANDSCAPING AND GROUNDS

MAINTENANCE Respondents to this request shall be able to demonstrate their capability to comply with the following requirements: a. Must have a valid business license. A landscape qualified contractor license with the Utah

Department of Professional Licensing is a plus.

b. Each individual on the applicant’s team who will apply pesticide shall hold current certification/licensing as a pesticide applicator.

c. Must be able to provide a summary of work performed on similar projects with similar

complexity within the past five (5) years.

d. Provide references from current and/or previous landscaping contracts of similar or greater size and complexity.

e. Describe capabilities and background of qualified personnel.

f. Provide resumes of owners and key personnel (foreman) who will be working in the City, including that of consultants of other disciplines.

g. Describe drug testing program.

h. Provide, if selected, Everify on all employees (to be resubmitted each season). All individuals who perform work under this contract shall be legal employees of the contractor and no subcontractors shall be used for any portion of this contract, with the exception that those individuals providing maintenance services on equipment are not required to be employees of the contractor provided that the maintenance is not performed on City property.

i. Run and, if selected, provide police record background checks on all contractor employees working in the City.

j. Provide legal, off-site disposal of all wastes generated from performing the contract.

k. Provide insurance verification in accordance with Section 2.1 of attached Agreement.

l. Provide employees with identification badges to be worn while working on City property.

V QUALIFICATIONS AND RESPONDENTS – SNOWPLOWING

Respondents to this request shall be able to demonstrate their capability to comply with the following requirements: a. Must have a valid business license.

b. Must be able to provide a summary of work performed on similar projects with similar

complexity within the past five (5) years. c. Provide references from current and/or previous snow plowing contracts of similar or greater

size and complexity. d. Describe capabilities and background of qualified personnel. e. Provide resumes of owners and key personnel who will be working in the City, including that

of consultants of other disciplines. f. Describe drug testing program. g. Provide, if selected, Everify on all employees (to be resubmitted each season). All

individuals who perform work under this contract shall be legal employees of the contractor and no subcontractors shall be used for any portion of this contract, with the exception that those individuals providing maintenance services on equipment are not required to be

employees of the contractor provided that the maintenance is not performed on City property.

h. Run and, if selected, provide police record background checks on all contractors’ employees

working in the City. i. Provide insurance verification in accordance with 2.1 of the attached Agreement. j. Provide employees with identification badges to be worn while working on City property

VI REQUIREMENTS FOR PROPOSAL SUBMITTAL Proposal should be limited to 15 single-sided pages of single or double-spaced written text, in addition to appropriate brochures, equipment lists, etc. All proposals shall contain the following information: a. A letter of introduction.

b. The name, address, telephone number and current licenses of the contractor.

c. A written description of all components of the Scope of Work according to the understanding of the submitter.

d. A statement of the Contractor’s expertise, experience or attributes that will provide an indication of the submitter’s ability to fulfill the Contract. Include a description of related experiences for clients similar to North Ogden City during the previous five (5) years.

e. List key personnel from the company that will be assigned to the City, their expertise/experience and their anticipated involvement (by percentage or hours) in the contract.

f. A listing of equipment and total number of employees available and to be employed by the Contractor.

g. A list of past projects of similar size, scope, etc. and the name, telephone number and position of a contact person from each entity who is familiar with the Contractor’s performance to provide a reference.

VII SELECTION CRITERIA Proposals submitted in response to this RFP will be awarded using the “Choosing by Advantages Decision Making System.” The following factors will be considered when ranking applicants a. Years of Experience

b. Projects within the past five (5) years.

c. Size of the applicants contracts within the past five (5) years.

d. Experience of key personnel from the company.

e. Contractor Licensing. Contract negotiations will be initiated with the highest ranking applicant(s). VIII AUTHORIZATION TO BEGIN WORK The selected provider of these services will be given a written Notice of Award within 7 days following City Council approval. Agreements for providing the LANDSCAPING AND GROUND MAINTENANCE and/or SNOW PLOWING SERVICES will accompany that notice and the Contractor shall sign two (2) original copies and return the Agreement to the City within in seven (7) days of receiving the Notice of Award; along with required licensing, bonding, and insurance verification and requested documentation.

NORTH OGDEN CITY LANDSCAPING AND GROUNDS MAINTENANCE AGREEMENT

WHEREAS, North Ogden City, a municipal corporation, hereinafter called CITY, desires to contact out to an independent contract certain landscape maintenance work; and, WHEREAS, ___________________, _________________, hereinafter called CONTRACTOR, desires to perform landscape maintenance work for CITY; NOW THEREFORE, the CITY AND CONTRACTOR mutually promise, covenant and agree to the following contractor terms, to wit: 1. That CONTRACTOR represents and in fact does have a valid business license.

2. CONTRACTOR has and shall maintain a comprehensive general property and general

liability insurance policy in accordance with section 2.1 to indemnify the CITY from all liability in connection with CONTRACTOR’S performance of the duties required in this contract to provide maintenance and repair work for the CITY. Proof of said insurance shall be provided to the CITY annually or at any time the information is requested by the CITY. In addition hereto, the CONTRACTOR shall provide all insurance in the types and amounts required by Exhibit A which is attached hereto and incorporated herein by this reference.

2.1 Non-liability of City for Damages; Indemnity/Hold Harmless; Certificate of Insurance. City shall not be liable for liability or damage claims for injury to person or property from any cause relating to Contractor’s performance of the Services at the lawn care locations. 2.1.1 Contactor agrees to indemnify and hold harmless City, and their agents and

employees, from and against all claims, damages, losses and expenses including reasonable attorney’s fees arising out of its occupancy or Service performed at the lawn care locations:

2.1.1.1 For bodily injury, illness, death or for property damage including use and

2.1.1.2 Caused in whole or in part by Contractor negligent act of omission or that of anyone employed by Contractor for whose acts Contractor may be liable.

2.1.1.3 Contractor waives any claim against the City for Damages relating to its occupancy of the lawn care locations from any cause whatsoever.

2.1.1.4 Contractor agrees to provide certificates of insurance. 2.1.1.4.1 Insurance is required to be maintained until final payment

is made at the termination of the lawn care season. 2.1.1.5 Workers Compensation Insurance. With respect to all operations,

the Contractor performs and all those performed for him by subcontractors, worker’s compensation shall be in force per Utah State Law.

2.1.1.6 General Liability Insurance. Contractor shall maintain a policy of general liability comprehensive form also containing broad form property damage and coverage for independent contractors and products and completed operations, with general liability limits $2,000,000 aggregate, $1,000,000 per occurrence.

2.1.1.7 Vehicle Liability. Contractor shall maintain a policy of comprehensive liability coverage for owned, hired and non-owned vehicle. The combined limits of coverage shall not be less than $1,000,000

3. CONTRACTOR shall also maintain Workman’s Compensation and unemployment insurance for his/her employees in accordance with State and Local laws. CONTRACTOR agrees to provide the City with an affidavit that the contractor or subcontractor has verified through the Status Verification System the employment status of each new employee of the CONTRACTOR. CONTRACTOR shall provide the information from the Status Verification System upon request for every employee working on City property. This information must be submitted to the City and maintained by the CONTRACTOR for each new employee hired by CONTRACTOR. No subcontractors are allowed to perform any work under this contract and CONTRACTOR agrees that all individuals who perform any of its obligations under this AGREEMENT will be legally recognized employees of CONTRACTOR. All CONTRACTOR employees are required to wear identification badges while performing services under this AGREEMENT.

4. The terms of this Agreement are for a period of three (3) years beginning ___________ and ending ________________.

5. The work season for landscaping and park maintenance shall span the growing season and fall cleanup, commencing no later than the time to be prepared for the April 15th water startup and ending as late as November 30th. The CONTRACTOR shall also be available for consultation with Community Service personnel throughout the year.

6. Payments shall be on a monthly basis and shall be made upon invoice from CONTRACTOR and shall be paid within 30 days after receipt of invoice.

7. This agreement may be terminated by either party upon ninety (90) days written notice to the other party for just cause. However, each party shall be responsible to perform their respective duties under this contract during said ninety (90) day period.

8. CONTRACTOR agrees to perform in a competent manner to the satisfaction of CITY the following described services for maintenance of parks in the City, to-wit: a. Mow all lawn areas once a week between the hours of 7am and 8pm. All mowing on a

particular city property shall be done completely once started. If not completed that same day, it must be completed the following day, weather permitting. All lawns to be left in a clean and neat manner. This will require some park lawn grass clippings be collected where puddles of grass accumulate, but allows grass mulching most of the time. CONTRACTOR shall coordinate with the Community Service Director the time and day for mowing each park so as to allow recreation play and programs without interference.

b. Trim and edge all lawn areas at time of mowing. c. Collect, remove and properly dispose all grass clippings, trimmings and other yard waste

material. Grass on the inside of the Aquatic Center shall be bagged at all times. d. CONTRACTOR shall coordinate with the Community Service Director the time and days

for mowing each park so as to allow recreation play and programs without interference. e. Provide and plant small shrubs and plants and flowers for all parks and flowerbed areas

annually.

f. Weed all shrubs and flower beds at least twice per year. Provide at least two (2) applications of three way selective herbicide that contains the active ingredients 2, 4-D, MCPP and Dicamba to all lawn areas each growing season. Apply additional applications of broad leaf herbicide to lawn areas as requested by the Community Services Director. The cost of each extra application shall be negotiated between CONTRACTOR and CITY. Apply non-selective herbicide on sidewalk cracks and curb lines as needed to control of weeds and grasses.

g. The CONTRACTOR is to use pesticides and herbicides judiciously. Proper licensing is required. The CONTRACTOR is to maintain a log of the type, quantities, dates and locations of pesticide and herbicide applications.

h. Prune trees one (1) time per year and shrubs three (3) times per year to control growth. i. Replace, at CONTRACTOR’S expense, any sprinklers, water lines, trees, or shrubs or

other City property that are damaged by the CONTRACTOR or its employees. i. CONTRACTOR shall maintain an incident log for all incidents, injuries, accidents, or

damages that occur during the course of performing this AGREEMENT. Failure to properly record and report such incidents is a material breach of this AGREEMENT.

j. Fertilize all lawn and plant areas at least two (2) times per year with 28-4-10 mix with 4% Iron and 50% SCU (sulfur coated urea) in the spring and 20-4-20 mix with 4% Iron and 30% SCU (sulfur coated urea) in the fall. Application rate shall be 1 lb. of Nitrogen per 1,000 square feet. 1½ lbs. of Nitrogen per 1,000 square feet on all football, soccer and lacrosse fields. The CONTRACTOR shall maintain a log of the type, quantities, dates and location of fertilizer applications.

k. All work must meet the approval of the Community Service Director or designee. l. Till and weed all sand areas at least two (2) times per year. m. Coordinate with the Community Service Director the repair of park areas as needed so

as to allow recreation play and programs without interference. n. Remove trash from lawn and parking areas, including leaf removal. o. CONTRACTOR is responsible for proper disposal of lawn clippings and yard debris and

their associated fees. p. Clear grass clippings from sidewalks, curbs and parking lot areas. q. Trim shrubs, hedges and brush along fence lines weekly r. Mow weeds along trails monthly. s. Removal of Debris. Any and all law care and maintenance debris shall be removed

from the site of the maintenance and disposed of properly. i. Limbs and Foreign Objects. All limbs and large foreign objects shall be removed or

placed out of the way of lawn maintenance equipment. Under no circumstances shall lawn equipment be allowed to run over trash or other items which would be shredded and strewn across the lawn area.

9 Landscape maintenance of additional open space areas will be negotiated between the

CITY and CONTRACTOR as needed.

10 CONTRACTOR shall provide all tools, equipment and materials necessary to perform this agreement, together with all necessary personnel and manpower to satisfactorily provide maintenance service.

10.1.1 Equipment and Tools. Contractor agrees to provide all reasonable necessary tools

and equipment to perform the services to be rendered. 10.1.2 Equipment Maintenance. All hand tools and equipment employed shall be

maintained and operated in a safe condition as provided for by the manufacturer and as required by good safety practices and as specified by state and federal

requirements. It is understood that the City shall not be responsible for supplying any hand tools or equipment for the performance of this Agreement

11 CONTRACTOR agrees to comply, at CONTRATOR’S expense, with all State or Federal laws in effect relating to withholdings for employees and agrees to provide workman’s compensation for all contracted employees through duration of contract.

12 CONTRACTOR agrees to indemnify, defend and hold harmless the CITY from any and all liability, claims, suits, damages, fees, fines, costs and attorneys or causes of action, of every kind or nature, which arise from, or are in anyway related to, CONTRACTOR’S performance and completion of this Agreement, or the CONTRACTOR’S failure of the same, by CONTRACTOR, its agents or employees.

13 CITY agrees to pay for any parts and repairs necessary for delivery of water to CITY’S sprinkling systems except as described in Section 8.I and any line over four (4) inches in size. CONTRACTOR shall be responsible for parts and repairs to any line four (4) inches or smaller.

14 All work to be completed to the satisfaction of the CITY in a safe and workmanlike manner as determined by the Community Service Director or designee. CONTRACTOR agrees that if grass clippings/trimmings associated with its performance of the Services accumulate to a point where they become readily visible, Contractor will remove the same within 24 hours of receiving notice from the City. The parties agree that the City, in its sole, reasonable discretion, will determine when the grass clippings/trimmings have become readily visible triggering Contractor’s obligation to remove the same. Contractor agrees that it will not blow, sweep or otherwise remove clippings/trimmings into the streets or sidewalks

15 All work to be performed by this Agreement shall be completed between the hours of 7am and 8pm, Monday through Saturday.

16 In the event of litigation or binding arbitration to enforce the Agreement, the prevailing party shall be entitled to costs and attorneys’ fees.

17 Should any portion of this Agreement be deemed unenforceable for any reason, the remaining portion shall remain in full force and effect, as long as each party to the Agreement receives the material portion of their bargain and benefit thereto.

18 Governing Law. This Agreement is made and entered into in the State of Utah and shall be interpreted and enforced under and pursuant to the laws of the State of Utah. This Agreement shall be interpreted, construed and enforced according to the substantive laws of the State of Utah. Any dispute arising out of this Agreement, or the breach thereof, shall be brought in the District Court of Cache County, Utah, the parties expressly consenting to jurisdiction and venue in that district and county.

19 Entire Agreement and Amendment. With respect to the subject matter of this Agreement, this Agreement and other documents and instruments identified or contemplated by this Agreement constitute the parties’ entire agreement, and may not be altered, modified or amended except by written agreement signed by all parties. All prior and contemporaneous

agreements, arrangements and understandings between the parties respecting the subject matter of this Agreement are hereby superseded and rescinded.

20 Assignability. This agreement is not assignable to other contractors except with written consent of the City. If the ownership of contractor substantially changes during the term of this contract, the City may cancel this contract unless it gives prior consent to the change of ownership.

ACCEPTED AND APPROVED this ___ day of March, 2013.

________________________________

Mayor Richard G. Harris

North Ogden City

ATTEST:

________________________________

Annette Spendlove, MMC

City Recorder

North Ogden City

Contractor:

By: ______________________________

Name: ___________________________

Title: ____________________________

Date: ____________________________

NORTH OGDEN CITY SNOW PLOWING AGREEMENT

WHEREAS, North Ogden City, a municipal corporation, hereinafter called CITY, desires to contact out to an independent contract certain snow plowing; and, WHEREAS, ___________________, _________________, hereinafter called CONTRACTOR, desires to perform landscape maintenance work for CITY; NOW THEREFORE, the CITY AND CONTRACTOR mutually promise, covenant and agree to the following contractor terms, to wit: 1. That CONTRACTOR represents and in fact does have a valid business license

2. CONTRACTOR has and shall maintain a comprehensive general property and general

liability insurance policy in accordance with section 2.1 to indemnify the CITY from all liability in connection with CONTRACTOR’S performance of the duties required in this contract to provide maintenance and repair work for the CITY. Proof of said insurance shall be provided to the CITY annually or at any time the information is requested by the CITY. In addition hereto, the CONTRACTOR shall provide all insurance in the types and amounts required by Exhibit A which is attached hereto and incorporated herein by this reference.

2.1 Non-liability of City for Damages; Indemnity/Hold Harmless; Certificate of Insurance. City shall not be liable for liability or damage claims for injury to person or property from any cause relating to Contractor’s performance of the Services at the lawn care locations. 2.1.1 Contactor agrees to indemnify and hold harmless City, and their agents and

employees, from and against all claims, damages, losses and expenses including reasonable attorney’s fees arising out of its occupancy or Service performed at the lawn care locations: 2.1.1.1 For bodily injury, illness, death or for property damage including use and

2.1.1.2 Caused in whole or in part by Contractor negligent act of omission or that of anyone employed by Contractor for whose acts Contractor may be liable.

2.1.1.3 Contractor waives any claim against the City for Damages relating to its occupancy of the lawn care locations from any cause whatsoever.

2.1.1.4 Contractor agrees to provide certificates of insurance. 2.1.1.4.1 Insurance is required to be maintained until final payment is made at

the termination of the lawn care season. 2.1.1.5 Workers Compensation Insurance. With respect to all operations, the

Contractor performs and all those performed for him by subcontractors, worker’s compensation shall be in force per Utah State Law.

2.1.1.6 General Liability Insurance. Contractor shall maintain a policy of general liability comprehensive form also containing broad form property damage and coverage for independent contractors and products and completed operations, with general liability limits $2,000,000 aggregate, $1,000,000 per occurrence.

2.1.1.7 Vehicle Liability. Contractor shall maintain a policy of comprehensive liability coverage for owned, hired and non-owned vehicle. The combined limits of coverage shall not be less than $1,000,000

3. CONTRACTOR shall also maintain Workman’s Compensation and unemployment insurance for his/her employees in accordance with State and Local laws. CONTRACTOR agrees to provide the City with an affidavit that the contractor or subcontractor has verified through the Status Verification System the employment status of each new employee of the CONTRACTOR. CONTRACTOR shall provide the information from the Status Verification System upon request for every employee working on City property. This information must be submitted to the City and maintained by the CONTRACTOR for each new employee hired by CONTRACTOR. No subcontractors are allowed to perform any work under this contract and CONTRACTOR agrees that all individuals who perform any of its obligations under this AGREEMENT will be legally recognized employees of CONTRACTOR. All CONTRACTOR employees are required to wear identification badges while performing services under this AGREEMENT.

4 The terms of this Agreement are for a period of three (3) years beginning ___________ and ending ________________.

5 The work season for snow plowing shall span winter season commencing with the first snow fall and ending with the last snow fall. The CONTRACTOR shall also be available for consultation with Community Service personnel throughout the year.

6 Payments shall be on a monthly basis and shall be made upon invoice from CONTRACTOR and shall be paid within 30 days after receipt of invoice.

7 This agreement may be terminated by either party upon ninety (90) days written notice to the other party for just cause. However, each party shall be responsible to perform their respective duties under this contract during said ninety (90) day period.

8 CONTRACTOR agrees to perform in a competent manner to the satisfaction of CITY the following described services for maintenance of parks in the City, to-wit: a. Snow plow all areas listed in the scope of work upon notification by the Police

Department or Community Service Department. i. If notified between the hours of 5am and 5pm, the CONTRACTOR shall begin

snow plowing within 30 minutes of notification. ii. If notified between the hours of 5pm and 5am the CONTRACTOR shall begin

snow plowing by 5am. b. The CONTRACTOR shall snow plow in the following order.

i. City Office buildings – sidewalk and parking lot ii. Senior Citizen Building – sidewalk and parking lot iii. Recreation Building – sidewalk and parking lot iv. All other sidewalks and parking lots listed in the scope of work.

c. CONTRACTOR shall clear all areas of snow, ice and apply ice melt. d. Replace or repair at the CONTRACTOR’S expense any equipment or property that is

damaged or injured by the CONTRACTOR.

9 CONTRACTOR shall provide all tools, equipment and materials necessary to perform this agreement, together with all necessary personnel and manpower to satisfactorily provide maintenance service.

9.1.1 Equipment and Tools. Contractor agrees to provide all reasonable necessary tools and equipment to perform the services to be rendered.

9.1.2 Equipment Maintenance. All hand tools and equipment employed shall be maintained and operated in a safe condition as provided for by the manufacturer and as required by good safety practices and as specified by state and federal requirements. It is understood that the City shall not be responsible for supplying any hand tools or equipment for the performance of this Agreement

10 CONTRACTOR agrees to comply, at CONTRATOR’S expense, with all State or Federal laws in effect relating to withholdings for employees and agrees to provide workman’s compensation for all contracted employees through duration of contract.

11 CONTRACTOR agrees to indemnify, defend and hold harmless the CITY from any and all liability, claims, suits, damages, fees, fines, costs and attorneys or causes of action, of every kind or nature, which arise from, or are in anyway related to, CONTRACTOR’S performance and completion of this Agreement, or the CONTRACTOR’S failure of the same, by CONTRACTOR, its agents or employees..

12 All work to be completed to the satisfaction of the CITY in a safe and workmanlike manner as determined by the Community Service Director or designee.

13 In the event of litigation or binding arbitration to enforce the Agreement, the prevailing party

shall be entitled to costs and attorneys’ fees.

14 Should any portion of this Agreement be deemed unenforceable for any reason, the remaining portion shall remain in full force and effect, as long as each party to the Agreement receives the material portion of their bargain and benefit thereto.

15 Governing Law. This Agreement is made and entered into in the State of Utah and shall be interpreted and enforced under and pursuant to the laws of the State of Utah. This Agreement shall be interpreted, construed and enforced according to the substantive laws of the State of Utah. Any dispute arising out of this Agreement, or the breach thereof, shall be brought in the District Court of Cache County, Utah, the parties expressly consenting to jurisdiction and venue in that district and county.

16 Entire Agreement and Amendment. With respect to the subject matter of this Agreement, this Agreement and other documents and instruments identified or contemplated by this Agreement constitute the parties’ entire agreement, and may not be altered, modified or amended except by written agreement signed by all parties. All prior and contemporaneous agreements, arrangements and understandings between the parties respecting the subject matter of this Agreement are hereby superseded and rescinded.

17 Assignability. This agreement is not assignable to other contractors except with written consent of the City. If the ownership of contractor substantially changes during the term of this contract, the City may cancel this contract unless it gives prior consent to the change of ownership.

ACCEPTED AND APPROVED this ___ day of March, 2013.

________________________________

Mayor Richard G. Harris

North Ogden City

ATTEST:

________________________________

Annette Spendlove, MMC

City Recorder

North Ogden City

Contractor:

By: ______________________________

Name: ___________________________

Title: ____________________________

Date: ____________________________

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