Duquette Pines Architectural Control Board, Inc.
ROAD MAINTENANCE
AND SNOW REMOVAL
CONTRACT
The Road Maintenance and Snow
Removal Contract (this “Contract”) is between Duquette Pines Architectural
Control Board, Inc. of
The Bid submitted by the Contractor will become attached Appendix A, as part of this Contract, and will be used to reference charges and other information pertinent to road maintenance and snow removal work to be performed at the Duquette Pines subdivision.
1. CONTRACT
TERM. This Contract is for the period
2. CONTRACT TERMINATION. Both parties have the right to terminate this contract with 30-days written notice. If the contract is terminated any amounts owing to either party is immediately due.
3. DESCRIPTION
OF SERVICES. Beginning on
a. Routine Maintenance. The Contractor will be required to provide the equipment and operator as stated in their attached bid. This will be for road grading and smoothing from spring through fall as moisture conditions allow. In addition, maintenance will include pulling ditches, road shaping, and removal of excess debris, culvert cleaning and normal minor repair work necessary to keep the roads in acceptable condition. Maintenance will be scheduled by the Resident Property Manager or a DPACB member and completed within a mutually agreeable time period.
b. Snow
Removal. Plowing will be done on all
Duquette Pines subdivision roads (approximately 6.0 miles). Plowing request will occur through contact
with the Duquette Pines Resident Property Manager who, together with the DPACB
and Contractor, will determine the need for snow removal. Typical snow removal occurs after 6 inches of
snow has fallen within the subdivision.
However, conditions such as wet snow, ice, rain/melt, etc., will dictate
the need for a great deal of flexibility.
Some snow base will be left on the road to better facilitate winter
maintenance. Timing of snow removal is
critical. Under normal circumstances, snow removal by the Contractor will begin
at approximately 0530 however, may begin at any time of day deemed necessary by
the DPACB and the Contractor. The Contractor
will be required to begin snow removal within 90 minutes after the decision has
been made to plow.
c. Emergency
Road Maintenance and Snow Removal.
The Contractor will be notified by the Resident Property Manager and the
DPACB when an emergency situation exists.
The Contractor will respond within 90 minutes upon notification of the
emergency to assess the extent of the problem and equipment needed to do the
work. The actual start and completion
date of the work must ensure that the subdivision and its residence experience
minimal safety risk.
d. Road
Improvement Projects. This will
involve specific subdivision areas in need of major repair or reconstruction,
such as installation of culverts and realignment of roadways to better
facilitate drainage or traffic flow.
Road improvement projects will be determined by budget
availability. The DPACB will work with
the Contractor to identify, plan and budget for road improvement projects by
identifying critical areas in need of improvement. The DPACB reserves the right to inspect
and/or oversee specific projects.
Source and Materials Cost. When work is necessary that requires materials not covered in the attached bid, approved commercial sources or approved Contractor supplied sources will be used. Prices for materials will be based on prevailing costs.
Alternative Service Providers: The DPACB will retain the right to contract for services with other service providers should the Contractor (Gardner Construction) be unable to provide services required or requested within the time frames specified in this contract. DPACB will notify the Contractor (Gardner Construction) prior to contracting for services addressed in this contract with other providers.
4. SERVICES NOT COVERED. This contract does not include any work that might be performed by Gardner Construction for Duquette Pines’ residents on their privately owned property (driveways, etc.). DPACB assumes no responsibility or liability for such work.
5. WORKING HOURS
a. Road Maintenance and Improvement Operation. The DPACB prior to start of work or project will approve hours of work and budget expenses.
b. Snow Removal. Normal snow removal work will start at approximately 0530. However, start times may vary based on snow and road conditions. Nighttime plowing may be done.
6. EQUIPMENT. The Contractor will use their own equipment and be responsible for all labor, fuel, blades, equipment maintenance, insurance, etc., as outlined in Appendices A and B.
7. EQUIPMENT STORAGE. The Contractor assumes all risk and liability for any equipment left within the subdivision or on property owned by Duquette Pines, Inc. DPACB and Duquette Pines, Inc. will work with the Contractor to determine equipment-parking location.
8. BURIED UTILITIES. The Contractor should note that buried telephone cable, water lines and electrical lines exist in the road right-of-way on most Duquette Pines subdivision roads. It is the Contractors responsibility to take the necessary steps to avoid disruption or damage to all services. Contacting DIGLINE (208) 342-1585 for marking of all utilities should precede all maintenance and improvement operations. The Contractor will be responsible for all costs incurred should cable or lines become damaged.
9. ENVIRONMENTALLY SENSITIVE AREAS. The Duquette Pines subdivision has environmentally sensitive areas. The Contractor will protect creeks and surrounding vegetation from damage that could result from their work.
10. PERSONNEL/COMMUNICATION. It is agreed that communications of any scope of work will be done through the following persons:
Jim White Barbara Gardner
Resident Property Manager President
P.O. Box
(208) 392-4561 (208) 392-4576
11. PAYMENT FOR SERVICES. The DPACB will pay compensation to Contractor for all Services based on Appendix A of this Contract. One-way travel costs will be charged in addition to hourly rates designated in Appendix A. At the maximum, the one-way travel costs will be calculated from the Contractor’s business location. When the one-way travel cost is calculated from the Contractor’s business location, the one-way travel cost will not be greater than 30 minutes.
12. OFF-ROAD DIESEL SURCHARGE. When the Contractor’s off-road diesel fuel costs increase to $1.50 per gallon or more, the hourly rate for Services based on Appendix A of this Contract will increase by $2.00 per hour. The off-road diesel fuel surcharge is only in effect when the fuel cost is $1.50 per gallon or more. The Contractor will notify the DPAB in writing or by E-mail when the diesel fuel costs increase the hourly rate, and when the diesel fuel costs fall below the $1.50 rate, thereby reducing the hourly rates for services to the contracted level.
13. PAYMENT SCHEDULE. Invoices from Gardner Construction will be submitted by the 1st of each month. Payment will be made on or before the 10th of each month by DPACB.
14. INSURANCE
COVERAGE. Contractor will provide
certificates of insurance coverage as outlined in the Appendix B (“Contractor
Insurance Coverage Requirements”), as part of this contract, by
15. INJURIES. Contractor acknowledges Contractor’s obligation to obtain appropriate insurance coverage for the benefit of Contractor (and Contractor’s employees) as outlined in Appendix B. Contractor waives any rights to recovery from DPACB for any injuries that Contractor (and/or Contractor’s employees) may sustain while performing services under this Contract and that are a result of the negligence of Contractor or Contractor’s employees.
16. RELATIONSHIP OF PARTIES. It is understood by the parties that Gardner Construction is an independent contractor with respect to DPACB, and not an employee of DPACB. DPACB will not provide fringe benefits, including health insurance benefits, paid vacation or any other employee benefit, for the benefit of Contractor.
17. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless DPACB or Duquette Pines, Inc., from all claims, losses, expenses, fees including attorney fees, costs and judgments that may be asserted against DPACB or Duquette Pines, Inc. that result from the acts or omissions of Contractor, Contractor’s employees, and Contractor’s agents.
18. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.
19. SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
20. APPLICABLE
LAW. The laws of the State of
PARTY CONTRACTING SERVICES THE SERVICE PROVIDER
Duquette
Pines Architectural
Control Board, Inc.
By_______________________ By_________________________
Brent Adamson, President Barbara Gardner, President
By_______________________ By_________________________
Bruce Reichert, Vice President Neale Gardner, Treasurer
By_______________________
Theresa Mann, Member
By_______________________
Elizabeth Nelson, Member
By_______________________
Jon Long, Sr., Member
1. A certificate of general liability insurance evidencing coverage with limits of at least $500,000.00 per occurrence & $1,000,000.00 annual aggregate.
2. Certificate shall name certificate holder as an additional insured with respect to the work performed.
3. Certificate shall indicate dates of coverage that extends from initiation of work performed to completion of project.
4. Certificate shall give certificate holder 30 days written notice of any change in insurance limits.
5. Insurance Carrier of the Contractor shall be an AM Best A rated insurer.
1. Certificate shall name certificate holder as such with respect to work performed.
2. Certificate shall give certificate holder 30 days written notice of any change in insurance limits.
3. Certificate shall indicate dates of coverage that extends from initiation of work performed to completion of project.
Insurance Carrier of the Contractor shall be an AM Best A rated insurer.