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Bismarck Public Schools Bismarck Public Schools Snow Removal 18.19 Bismarck, North Dakota Advertisement for Proposals Snow Removal Notice is hereby given that proposals for SNOW REMOVAL at Bismarck Public School sites will be received in the Bismarck Public Schools Facilities and Transportation Office, 705 South 9th Street, Bismarck, ND, by Nicole Schwehr, Grounds Supervisor, until Wednesday April 25, 2018 at 1:00 pm. Complete specifications and site plans are available at 705 South 9th Street, Bismarck, by calling 701 323 4503 or on our website at www.bismarckschools.org. Proposals shall be submitted in duplicated copy and enclosed in a sealed opaque envelope upon which there is disclosed the necessary information as required by the Bid Documents. Please mark Bismarck Public Schools Snow Removal on the envelope. The Bismarck School Board reserves the right to reject any and all bids and to waive informalities and minor irregularities in submissions received and to accept any submissions if deemed in the best interest of school district. Dated this 10 th day of April, 2018. /s/ Darin Scherr Darin Scherr, Business and Operations Manager Bismarck Public School District #1 705 South 9 th Street Bismarck, North Dakota 58504 ADVERTISEMENT FOR BIDS

REQUEST FOR PROPOSALS For SNOW REMOVAL Services Issued by Bismarck Public School District #1 Facilities and Transportation Department INTRODUCTION AND GENERAL RESULTS DESIRED Bismarck Public Schools, Bismarck, ND (hereinafter referred to as SCHOOLS) seeks specific proposals from interested snow removal contractors (hereinafter referred to as CONTRACTOR) that are capable of snow removal. It is the intention of SCHOOLS to enter into a contract for a period from October 1, 2018 to May 1, 2019. SCHOOLS personnel have divided schools in to the groups listed below. School Group #1 Myhre Elementary Wachter Middle School Moses Elementary Bismarck High School Solheim Elementary Prairie Rose Elementary Lincoln Elementary Roosevelt Elementary Hughes Educational Center Riverside SCHS Group #2 Richholt - BECEP Miller Elementary Pioneer Elementary Simle Middle School Murphy Elementary Saxvik Elementary Northridge Elementary Will-Moore Elementary Group #3 Century High School Legacy High School Centennial Elementary Horizon Middle School Sunrise Elementary Highland Acres Elementary Grimsrud Elementary Liberty Elementary Address 919 South 12 th Street 1107 South 7 th Street 1312 South Columbia Drive 800 North 8 th Street 325 Munich Drive 2200 Oahe Bend 3320 McCurry Way, Lincoln, ND 613 West Avenue B 806 North Washington Street 406 South Anderson Street 720 North 14 th Street 1989 North 20 th Street 1400 East Braman Avenue 1215 North 19 th Street 611 North 31 st Street 523 North 21 st Street 1727 North 3 rd Street 400 East Avenue E 1000 East Century Avenue 3400 Calgary Avenue 2800 Ithica Drive 500 Ash Coulee Drive 3800 Nickerson Avenue 1200 Prairie Drive 716 St. Benedict Drive 5400 Onyx Drive Page 1

PROCUREMENT PROCESS The evaluation and selection of a CONTRACTOR, and the negotiation and procurement of services will proceed as follows: Site Plans and Specifications. Prior to the submission of proposals, CONTRACTOR may obtain complete specifications and site plans. CONTRACTOR may obtain the abovementioned documents at the following address. Bismarck Public Schools Facilities and Transportation 705 South 9 th Street Bismarck, ND 58504 Phone: (701) 323-4503 Submission of Written Proposals. CONTRACTORs that wish to participate must submit responses as directed in the Attachment: CONTRACTOR Response. All submissions become the property of SCHOOLS and will not be returned to the CONTRACTOR. All costs associated with submission preparation will be borne by the submitting CONTRACTOR. Responses must be prepared as described in the attachment. Proposal Review and Selection of Finalists. SCHOOLS will review and evaluate the written responses to this RFP. SCHOOLS reserves the right to reject any or all submissions and to waive informalities and minor irregularities in submissions received and to accept any submissions if deemed in the best interest of SCHOOLS to do so. The following criteria will be used in determining the award. 1. Cost of equipment per hour per cubic yard. 2. Size of equipment to be used on individual sites. 3. Bucket Size 4. Efficiency Snow Removal Agreement. CONTRACTOR shall review the section titled SNOW REMOVAL Agreement to familiarize themselves with the conditions that will govern during the contract period. OVERVIEW OF ATTACHMENTS To aid companies in their response to this request the following items are attached: Attachment A: CONTRACTOR Response Attachment B: SNOW REMOVAL Agreement Page 2

ATTACHMENT A CONTRACTOR Response Please Submit To: Bismarck Public School District #1 Attention: Nicole Schwehr, Grounds Supervisor Mailing Address: Due Date: 705 South 9 th Street Bismarck, ND 58504 Submittals must be received at the above address on or before Wednesday, April 25th, 2018 by 1:00 pm local time. For further information please contact: Nicole Schwehr Grounds Supervisor Bismarck Public Schools 701.323.4509 The proposal must include the following information at a minimum to receive consideration. Proposals must be marked with Bismarck Public Schools SNOW REMOVAL. General Firm Information Firm Name: Physical Address: Name, Title and Phone Number of principal contact person: Name Title Phone Contractor s License Include a current copy of your Contractor s License. Certificate of Insurance Include a current copy of your liability insurance. Page 3

Group Preference If CONTRACTOR has a preference for a specific group, please indicate below. Group #1 Myhre Elementary Wachter Middle School Moses Elementary Bismarck High School Solheim Elementary Prairie Rose Elementary Lincoln Elementary, Lincoln, ND Roosevelt Elementary Hughes Educational Center Riverside - SCHS Group #2 Richholt - BECEP Miller Elementary Pioneer Elementary Simle Middle School Murphy Elementary Saxvik Elementary Northridge Elementary Will Moore Elementary Group #3 Century High School Legacy High School Centennial Elementary Horizon Middle School Sunrise Elementary Highland Acres Elementary Grimsrud Elementary Liberty Elementary 1 st Choice Group # 2 nd Choice Group # 3 rd Choice Group # Removal Rates The rate proposal shall be for the time spent on the project. No time or transportation cost will be allowed moving to and from the site of work. Actual snow removal time will be rounded to the nearest quarter hour. The price proposal shall include all operational costs, such as operator, fuel, oil, repairs, etc including liability insurance. Item Size (hp) Description Rate ($/hr) 1. Loader Bucket Capacity cu yd $ Loader Bucket Capacity cu yd $ Loader Bucket Capacity cu yd $ Loader Bucket Capacity cu yd $ 2. Skidsteer Loader Bucket Capacity cu yd $ Skidsteer Loader Bucket Capacity cu yd $ 3. Road Grader Blade Type $ 4. Pickup Front end blade $ Page 4

Hauling Rates A proposal for the HAULING OF SNOW will be considered as a separate price for each school site at an hourly rate. The Bismarck Public School District has storage sites available for snow storage. Item Description Rate ($/hr) 1. Payloader Bucket Capacity cu yd $ 2. Dump Truck Box Capacity cu yd $ 3. Dump Truck Box Capacity cu yd $ 4. Dump Truck Box Capacity cu yd $ 5. Dump Truck Box Capacity cu yd $ 6. Dump Truck Box Capacity cu yd $ Sanding Rates Sanding of awarded lots (not included in agreement but may be requested at owner s discretion): Item Description Rate 1. Sanding Truck Box Capacity cu yd $ per hour 2. Sand $ per ton Submitted by Date Page 5

ATTACHMENT B SNOW REMOVAL Agreement This AGREEMENT, made and entered into this day of, 2018, by and between, Bismarck, ND, hereinafter referred to as the CONTRACTOR and the Bismarck Public School District, Bismarck, ND, hereinafter referred to as SCHOOLS. WITNESSED: that in consideration of the mutual covenants herein contained, it is hereby agreed as follows: That during the term commencing October 1, 2018, and terminating May 1, 2019, the CONTRACTOR hereby agrees to make the listed equipment available for snow removal at SCHOOLS sites at the rates listed, and subject to all of the terms and conditions contained in the following pages. The district may suspend or terminate any of the provisions of the contract or to suspend work, re-let work or order the reconstruction of any part or all of the work, the district shall promptly notify the CONTRACTOR in writing of the determination and the reasons for the action, together with the effective date. Approved by Date The submitted prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. This agreement contract shall include the snow removal at the following SCHOOL sites: Assigned Schools are: Approved by Jason Mittlestadt Assistant Director of Facilities Date: Page 6

GENERAL CONDITIONS The following conditions shall govern during the period contract. 1. Equipment Use. Equipment may be used on any district owned parking lots within the District of Bismarck. 2. Equipment Availability. In the event that the CONTRACTOR is not able to perform this contract, the CONTRACTOR shall obtain a sub-contractor subject to the contract rate proposal, the terms noted above, and the approval of the Facilities and Transportation Director or his designated representative. All equipment accepted shall be available for use by the CONTRACTOR or the sub-contractor subject to terms noted above. 3. Allowable Charges. Allowable charges shall be for the time spent on the project. No time or transportation cost will be allowed moving to and from the site of work. Actual snow removal time will be rounded to the nearest quarter hour. The CONTRACTOR shall be responsible for the cost of all repairs and equipment and any other incidentals necessary for the operation of the equipment. 4. Notice of Report. A Notice of Report may be either verbal or written by the Facilities and Transportation Director or his designated representative per each lot. The Bismarck Public School District desires cleaning snow when over two (2) inches accumulates. Contractors should secure approval of Facilities and Transportation personnel before removing levels of three inches or less. If cleaning is required on weekends, a special request to the CONTRACTOR will be issued. 5. Snow Storage. Snow may be stored in designated sections of parking lots. 6. Sanding. Sanding is not included in this agreement. Sanding may be requested by SCHOOLS if desired. 7. Hours of Operation. Work should be scheduled so parking lots are cleared prior to 7:00 am Monday through Friday. There will be no guarantee to the number of hours of work during the contract period. Hours shall be on the basis of need. 8. Care of Facilities. Every effort shall be made to minimize damage to existing concrete walkways, driveways, curbing and valley gutters or any city facilities, visible or not visible. When CONTRACTOR has to push snow on to lawns or seeded areas, the bucket should be raised to prevent scalping damage to the lawns. 9. Smoking Policy. Smoking and the use of tobacco products is prohibited in all district owned buildings and on school property, including non district owned vehicles on district property. This also includes buildings and property rented by the school district. 10. Relationship of the Parties. It is mutually agreed the Contractor is an independent contractor and not an employee of Bismarck Public Schools for purposes of this agreement. It is understood that the Contractor is not subject to the supervision and control of Bismarck Public Schools. No agency, employment or partnership is created by this Agreement. Each of the parties will be solely and entirely responsible for its own acts and/or the acts of its employees or agents. No benefits provided by Bismarck Public Page 7

Schools to its employees, including unemployment and workers' compensation insurance, will be provided to the Contractor or his/her/its employees. 11. Access to Records. The Contractor shall adequately account for and maintain reasonable records for his performance under this Agreement and allow access to these records by Bismarck Public Schools, the ND State Auditor or their agents as may be necessary for audit purposes and in determining compliance with the terms of this Agreement. The Contractor shall adequately account for and maintain reasonable records for his performance under this Agreement and allow access to these records by Bismarck Public Schools, the ND State Auditor or their agents as may be necessary for audit purposes and in determining compliance with the terms of this Agreement. 12. Background Checks. The Contractor shall provide a list of all employees that will be performing work on any of Bismarck Public School s property. Utilize the appropriate form supplied by Bismarck Public Schools. The cost of any or all background checks will be the responsibility of the school district. 13. Indemnification. The Contractor agrees to indemnify, save and hold harmless Bismarck Public Schools, its officers and employees from any and all claims of any nature, including costs, expenses and attorney fees which may in any manner arise out of or the result from any acts or omissions in performing work or activities under the Agreement, except for claims arising out of the Bismarck Public School s own acts. 14. Insurance. The Contractor shall secure and keep in force during the term of this Agreement from insurance companies authorized to do business in the North Dakota: 1) Commercial general liability; 2) Automobile liability 3) Workers compensation insurance (if required by law), Insurance must cover the Contractor for any and all claims of any nature including all costs, expenses, and attorneys fees that may in any way arise out of or the result of this agreement. The Contractor shall furnish Bismarck Public Schools contact person with a certificate of insurance as evidence that these policies are in effect. The minimum limits of liability are: Commercial general liability & Automobile liability: $250,000 per person and $1,000,000 per occurrence. Workers Compensation statutory limits These policies may not be canceled or modified without thirty (30) days prior written notice to Bismarck Public Schools. 15. Non-discrimination. The Contractor agrees that under state and federal law, no part of this Agreement shall be performed in a manner that illegally discriminates against any person on the basis of race, color, religion, creed, Veterans status, sex or sexual orientation, age, status with regards to marriage or public assistance, disability, or national origin. Page 8

16. Modification. This Agreement contains the entire agreement between the parties, and no statements, promises or inducements made by either party, or agents or either party, that are not contained in this agreement are valid or binding. This Agreement may not be enlarged, modified, or altered except by written amendment by the parties. 17. Termination. This Agreement may be terminated at any time upon the written mutual consent of the parties. Either party may terminate or suspend performance of this Agreement for failure of the other party to perform any of the services, duties or conditions contained in this Agreement after giving the other party written notice of the stated failure. The written notice must demand performance of the stated failure within a specified period of time of not less than 30 days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period. Bismarck Public Schools may also terminate this Agreement if at the end of a fiscal year; the Bismarck Public School Board has not appropriated sufficient funds in the next fiscal year for the payment(s). The above remedies are in addition to any other remedies provided by law or the terms of the agreement. 18. Severability. If one part of this agreement is held to be illegal, void or in conflict with any North Dakota law, the validity of the remainder of this agreement remains operative and binding. 19. Assignment, Transfer and Subcontracting. There will be no assignment or transfer of this Agreement, or of any interest in this Agreement, unless both parties agree in writing. No services required under this Agreement may be performed under subcontract unless both parties agree in writing. 20. Notice. All notices relating to this Agreement will be in writing and given to the contact person at the address provided for in the Agreement. 21. Venue. This Agreement will be controlled and interpreted according to the laws of the State of North Dakota. Venue for any actions arising from this Agreement shall be in Burleigh County, State of North Dakota. Execution: Contractor By: Date: Title: Bismarck Public Schools By: Date: Jason Mittlestadt Assistant Director of Facilities Page 9