Q004182 Snow Clearing.pdf

Q004182

“SNOW CLEARING”

1.0 GENERAL CONDITIONS:

1.1 Intent: It is the intent of this “Request” to secure the services of contractors to provide assistance to the Public Works Department for snow removal for the 2026-2027 Winter season.

1.2 Contract Administrator for the City: Richard Drazenovich, Director of

Public Works, or his designee.

1.3 Public Works will maintain a list of approved contractors who will be contacted on an “as needed” basis; no work is guaranteed. Proposals will only be accepted from contractors who have equipment suitable for snow and/or ice removal and are committed to respond on an immediate basis.

1.4 Retainer: A standby fee of $1,500 will be paid to each approved contractor signing-up for the program beginning November 2026 and ending March 2027. Approval will be given by the City in writing. This retainer assures the City of the Contractor’s commitment to the City to begin work within twelve (12) hours after being notified to begin snow clearing. Invoices shall be submitted for services rendered after each winter storm. An invoice for the standby fee shall be for the entire season.

2.0. CONTRACTOR RESPONSIBILITIES/SCOPE OF SERVICE:

2.1 Personnel:

A. The Contractor shall mobilize assigned personnel and equipment to the designated site within twelve (12) hours of notification.

B. The contractor shall provide one or more qualified equipment operators

Q004182 SNOW CLEARING

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for 12-hour shifts, for the duration of snow removal operation. Shift changes will be at the Public Works Office at 7:00 AM and 7:00 PM.

C. Personnel will not commence or cease operations without proper notification of Public Works Supervisor.

D. Contractor will ensure his operating personnel are thoroughly familiar with assigned areas. A contractor may be assigned a specific area and agrees to provide supervision and shall be responsible for proper operations of that area in accordance with VDOT standards.

E. Personnel will not depart assigned areas until complete or reassigned by Public Works Supervisor.

F. In the event contractor equipment suffers a breakdown and snow removal operation ceases for any reason, Public Works Dispatcher, 434- 799-5245, must be notified.

G. City personnel reserve the right to refuse contracted employees to work if, in accordance with the City’s Drug and Alcohol Plan, contracted employee appears impaired.

2.2 Equipment:

A. Equipment may consist of:

1. Motor Graders

2. Loaders

B. Equipment shall arrive and be maintained in such manner as to provide maximum availability for service.

C. All equipment mounted with snow chains must be properly installed upon arrival and ready to commence plowing.

D. All equipment must be properly lighted for safe nighttime operation and have all required warning lights and devices for operation on public streets and highways.

2.3 Support:

Contractor shall provide the following as a part of his bid:

A. Fuel - All equipment shall arrive fully fueled. City will not provide fuel during storm to contractors free of charge.

B. Cutting Edges or Blades - All trucks, motor graders and tractors, mounted with blades shall arrive with new blades properly mounted and ready to commence plowing. All subsequent 12’ blades will be replaced by the Public Works Garage. Any larger or smaller blades will be supplied by the contractor and installed by the City.

C. Chains – Must be new; used chains will be inspected before start of operations. If chains are unacceptable to work two (2) 12-hour shifts before repairs are needed, contractor shall replace chains immediately. Chains will then be rebuilt by City Garage personnel.

2.4 Implementation:

A. Contractor shall provide names and telephone numbers of two employees who will be authorized to dispatch personnel and equipment upon notification to commence snow removal operations.

B. Contractor shall ensure snow plowing or cleaning is complete and acceptable to Public Works Supervisor and according to VDOT standards. All streets shall have snow removed to curb line or, in close proximity, as allowed by parked vehicles. Snow will not be plowed onto sidewalks and efforts shall be made to reduce blockage of driveways. All dead-ends and cul-de-sacs shall be cleared.

3.0 CITY RESPONSIBILITIES:

3.1 The Department of Public Works shall notify contractor to commence snow removal operations and assign streets to be cleared according to established priority lists.

3.2 Coordinate activities of contractor and Public Works personnel engaged in snow removal operations.

3.3 Ensure contractor is not reassigned to other than assigned areas until that area is completed.

3.4 If contractor provides plowing capability, but does not have chemical/abrasives spreading, Public Works shall coordinate spreading as required.

3.5 Provide all chemicals/abrasives.

3.6 If the contractor elects to have the City provide “minor” repair support, the cost of such services shall be deducted from his payment. Minor repairs shall consist of maintenance that shall be no more than 30 minutes in length.

3.7 Contractor shall not have use of City facilities for repairs of their own equipment.

4 SUPPLEMENTAL GENERAL CONDITIONS:

4.1 Independent Contractor:

It is expressly agreed and understood that the Contractor is in all respects an independent Contractor as to work and is in no respect any agent, servant, or employee of the City. The contract specifies the work to be done by the Contractor, but the method to be employed to accomplish the work shall be the responsibility of the Contractor.

4.2 Subcontracts:

A. No proposed subcontractor shall be disapproved by the City except for cause.

B. The Contractor shall be as fully responsible to the City for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by them.

C. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the Contract for the improvements embraced in this Contract.

D. Nothing contained in the Contract shall create any contractual relation between any subcontractor and the City.

E. Payments to subcontractors

1. The contractor shall take one of the two following actions within seven days after receipt of amounts paid to the contractor by the City of Danville for work performed by the subcontractor

a. Pay the subcontractor for the proportionate share of the total payment received from the agency attributable to the work performed by the subcontractor under that contract; or

b. Notify the agency and subcontractor, in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.

2. Individual Contractors shall provide their social security numbers and proprietorships, partnerships, and corporations to provide their federal employer identification numbers.

3. The contractor shall pay interest to the subcontractor on all amounts owed by the contractor that remain unpaid after seven days following receipt by the contractor of payment from the City of Danville for work performed by the subcontractor, except for amounts withheld as allowed in subdivision 1.

4. Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month.”

The contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor.

A contractor's obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section shall not be construed to be an obligation of the City of Danville. A contract modification shall not be made for the purpose of providing reimbursement for the interest charge.

A cost reimbursement claim shall not include any amount for reimbursement for the interest charge.

4.3 Novation:

The Contractor shall not assign or transfer, whether by an Assignment or Novation, any of its rights, duties, benefits, obligations, liabilities or responsibilities under this Contract without the written consent of the City; provided, however, that assignments to banks, trust companies or other financial institutions for the purpose of securing bond may be made without the consent of the City.

Assignment or Novation of this Contract shall not be valid unless the Assignment or Novation expressly provides that the assignment of any of the Contractor's rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered and materials, tools and equipment supplied for the performance of the work under this Contract in favor of all persons, firms or corporations rendering such labor or services or supplying such materials, tools and equipment.

4.4 Observance of Laws

The Contractor at all times shall observe and comply with all Federal, State and City laws, bylaws, ordinances and regulations in any manner affecting the conduct of the work or applying to employees on the project, as well as all orders or decrees which have been promulgated or enacted, by any legal bodies or tribunals having authority or jurisdiction over the work materials, employees or contract. The contractor does not and shall not during the performance of the contract for goods and services in the Commonwealth; knowingly employs an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. Contractor shall prohibit the use of forced or indentured child labor in the performance of the contract and requiring that the contractor include such prohibition in every subcontract or purchase order that exceeds $10,000, so that the prohibition will be binding upon each subcontractor or vendor.

4.5 Safety

All practices, materials and equipment shall comply with the Federal Occupational Safety and health Act, as well as any pertinent Federal, State and/or local Safety or Environmental Codes.

4.6 Drug Free Workplace

During the performance of this contract, the contractor agrees to:

A. Provide a drug-free workplace for the contractor’s employees.

B. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.

C. State in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace.

D. Include the provisions of the foregoing clauses in every subcontract or purchase order of or over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

“Drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with Chapter 43, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

State law reference(s) - Authority, Code of Virginia § 2.2-4312.

4.7 Insurance

The Contractor shall not commence work under this contract until they have obtained all the insurance required hereunder and such insurance has been approved by the City; nor shall the Contractor allow any Subcontractor to commence work on his subcontract until all similar insurance has been so obtained and approved. Approval of the insurance by the City shall not relieve or decrease the liability of the Contractor hereunder.

A. Worker's Compensation including Occupational Disease and Employer's Liability Insurance: The Contractor shall take out and maintain during the life of this Contract Workers' Compensation and Employer's Liability Insurance for all of their employees to be engaged in work on the project under this contract in an amount no less than the minimum allowed by the State Corporation Commission, and in case of such work is sublet, the Contractor shall require the Subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such work.

B. Comprehensive General Liability Insurance: The Contractor shall maintain during the life of this Contract comprehensive general liability insurance as shall protect him, the City of Danville and its offices, agents and employees, and any Subcontractors performing work covered by this Contract from claims for damage for personal injury, including death, as well as from claims for property damage, which may arise from operations under this Contract, whether such operations by himself or by any Subcontractor, or by anyone directly or indirectly employed by either of them. The amount of such insurance shall not be less than a combination single limit of $1,000,000.00 per occurrence on bodily injury and property damage and $1,000,000.00 aggregate on completed operations. The comprehensive general liability insurance shall provide the following coverage:

C. Automobile liability insurance minimum combined single limits of $1,000,000.00 for any one person and subject to the same limit for each person, $1,000,000 on account of any one accident. This insurance shall include bodily injury and property damage for the following vehicles:

Owned Vehicles

Non-owned Vehicles

Hired Vehicles

D. Umbrella Policy. At the option of the Contractor, primary limits may be less than required, with an umbrella policy providing the additional limits needed. This form of insurance will be acceptable provided that the primary and umbrella policies both provide the insurance coverage's herein required. However, any such umbrella policy must have minimum coverage limits of $3,000,000.00.

E. To the fullest extent permitted by law, a Waiver of Subrogation Clause shall be added to the General Liability, Automobile, Excess or Umbrella and Workers Compensation policies in favor of the City of Danville and shall apply to it Owners officers, agents and employees, with respect to all Projects during the policy term.

F. Prior to commencement of Work on any individual Project, the Contractor shall submit a Certificate of Insurance in favor of the City of Danville and an Additional Insured Endorsement (in a form acceptable to the City) as required hereunder.

The Contractor’s Insurance policies shall provide for thirty (30) days' notice to City for cancellation or any change in coverage and be evidenced by the Certificate of Insurance. Copies of insurance policies shall promptly be made available to the City upon request.

G. The City of Danville, along with their respective officers, agents and employees, shall be named as additional insureds.

H. Certificate holder should read as follows:

The City of Danville

427 Patton Street

Danville, VA 24541

4.8 Indemnification

A. The Contractor shall indemnify, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the City, its agents, officials and employees in consequence of the granting of this contract or which may in anyway result therefrom, whether or not it shall be alleged or determine that the act was caused through negligence or omission of the Contractor or his employees, or of the subcontractor or their employees, if any, and the Contractor shall, at their own expense, appear, defend and pay all charges of attorneys and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Contractor shall, at his own expense, satisfy and discharge the same. The Contractor expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City, its agents, officials, and employees as herein provided. The Contractor shall have charge and control of the entire work until its completion and acceptance by the City.

B. The Contractor shall assume all risks and responsibilities for casualties of every description in connection with the work, except that he shall not be held liable or responsible for delays or damage to the work caused by acts of God, acts of Public enemy, acts of Government, quarantine restrictions, general strikes through the trade, or by freight embargoes not caused or participated in by the Contractor. The Contractor shall have charge and control of the entire work until completion and acceptance of the same by the City.

C. The Contractor shall alone be liable and responsible for, and shall pay, any and all loss or damage sustained by any person or party either during the performance or subsequent to the completion of the work under this agreement by reason of injuries to persons and damage to property, buildings, and adjacent work, that may occur either during the performance of the work covered by this contract or that may be sustained as a result of or in consequence thereof, irrespective of whether or not such injury or damage be due to negligence or the inherent nature of the work.

D. The Contractor shall bear all losses resulting from the amount or character of the work being different, or because the nature of the premises on which the work is done is different from what was expected, or on account of the weather, or similar other causes.

4.9 Equal Employment

During the performance of this contract, the Contractor agrees as follows:

A. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions for this non-discrimination clause.

B. The Contractor also shall not discriminate against any handicapped person in violation of any state or federal law or regulation and shall also post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this additional non-discrimination clause.

C. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such contractor is an equal opportunity employer.

D. Notices, advertisements, and solicitations placed in accordance with Federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

E. The Contractor will include the provisions of the foregoing paragraphs in every subcontract or purchase order over $10,000 so that the provisions will be binding upon each subcontractor or vendor.

F. The Contractor will otherwise comply with all other applicable provisions of local, State, and Federal law.

CITY OF DANVILLE,

VIRGINIA

Q004182

“SNOW CLEARING”

I (We) agree to provide all services according to the attached Request Q004182

Firm Name (or individual):

Address:

Telephone Number:

Name Telephone Number

Dispatchers:

Equipment Provided:

Rental of 3 Motor Graders: Operator: Hourly Rate:

Grader Size 1 With Operator

Without Operator

Grader Size 2 With Operator

Without Operator

Grader Size 3 With Operator

Without Operator

Rental of 2 Loaders: Operator: Hourly Rate:

Grader Size 1

Without Operator

Grader Size 2

Without Operator

Signed:

Return to: Purchasing Department, purchasing@danvilleva.gov or PO Box 3300, Danville, Virginia, 24543

Virginia Contractor’s Number

Danville Business License Number

Virginia SCC Registration Number mailto:purchasing@danvilleva.gov