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HomeMy WebLinkAboutItem 06.pNovember 7, 2011 Proposed Action Overview Primary Issues to Consider Supporting Information fin Hennen rk Maintenance & Operations Manager SNOW REMOVAL CONTRACT WITH FENNE'S OUTDOOR SERVICES FOR 2011 -2013 WINTER SEASONS Item No. Staff recommends adoption of the following motion: Move to approve Snow Removal Contract with Fenne's Outdoor Services for snow removal at Lakeville Area Arts Center, Lakeville Liquor Galaxie and Lakeville Liquor Kenrick. Passage of this motion will result in Mayor and City Clerk executing a Contract with Fenne's Outdoor Services for snow removal purposes. City staff recently accepted proposals for snow removal at three City facilities for the 2011 -2013 snow seasons which is November 1 through March 31. Three companies submitted proposals with Fenne's Outdoor Services submitting the lowest proposal at $625.00 /month for the Lakeville Area Arts Center, $555.00 /month for the Galaxie Liquor Store and $515.00 /month for the Kenrick Liquor Store. Staff is recommending that the Mayor and City Clerk execute the attached Snow Removal Contract with Fenne's Outdoor Services. A Certificate of Insurance has also been submitted. 0 Is Fenne's Outdoor Services a reputable company that will provide quality snow removal services? City staff has contacted a number of references who indicated that Fenne's Outdoor Services does quality work and is responsive to their needs. 0 Copy of Snow Removal Contract with Fenne's Outdoor Services for the 2011 -2013 snow seasons. Financial Impact: $8,475 / season Budgeted: Y/N Y Source: Liquor / Arts Ctr Fund Related Documents (CIP, ERP, etc.): Notes: AGREEMENT CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AGREEMENT made this 7th day of November, 2011, between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and Fenne's Outdoor Services a corporation organized and existing under the laws of the State of Minnesota ( "Contractor ") for snow removal at Lakeville Area Arts Center, Lakeville Liquor Galaxie and Lakeville Liquor Kenrick. IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents ", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement B. Request for Proposal Snow Removal 2011-2013 C. Proposal dated October 28, 2011 submitted by Fenne's Outdoor Services In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document "C" having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the services and perform the work in accordance with the Contract Documents. 3. OBLIGATIONS OF THE CITY. The City will pay the Contractor $625.00 per month for the Lakeville Area Arts Center, $555.00 per month for Lakeville Liquor Galaxie and $515.00 per month for Lakeville Liquor Kenrick within thirty (30) days of receiving an invoice for work performed. The City will also pay Contractor $1 15.00 per time at each site for parking lot salt application which will be directed by the City. 4. ASSIGNMENT. Neither party may assign, sublet or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 5. TIME OF PERFORMANCE. The Contractor shall complete its obligations from November 1, 2011 thru March 31, 2012 and November 1, 2012 thru March 31, 2013. 1 6. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute 471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one -half percent (1 %) per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 7. WORKER'S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 8. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the City included as an additional name insured on a primary and non- contributory. The Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Contractual Liability (identifying the contract): $1,000,000 each occurrence $1,000,000 aggregate, products and completed operations. Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal injury, with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability (owned, non- owned, hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 2 9. DATA PRACTICES /RECORDS. A. All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. B. All books, records, documents and accounting procedures and practices of the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. 10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney's fees it may incur as a result of any such claims. 11. WAIVER. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. 12. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract. 13. SEVERABILITY. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties' entire contract. 14. CONTRACT EXTENSION. The City reserves the right to extend the contract for additional years under the initial conditions of the two -year contract. 15. ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. FENNE'S OUTDOOR SERVICES CITY OF LAKEVILLE BY: v'` C e.' . vtt BY: BY: (An authorized signature) 3 Mark Bellows, Mayor Charlene Friedges, City Clerk October 26, 2011 CITY OF LAKEVILLE REQUEST FOR PROPOSAL SNOW REMOVAL 2011 -2013 The City of Lakeville is currently seeking proposals for the snow removal at two Liquor Stores and the Lakeville Area Arts Center. Locations: Lakeville Liquor Galaxie 16000 Galaxie Avenue Lakeville, MN 55044 952 -985 -4930 Lakeville Liquor Kenrick 16179 Kenrick Avenue Lakeville, MN 55044 952 -985 -4940 Lakeville Area Arts Center 20965 Holyoke Avenue Lakeville, MN 55044 952 -985 -4640 Contract Terms (two snow seasons): • Term is for five months for period dates of November 1, 201 1 — March 31, 2012, and November 1, 2012 — March 31, 2013. • Proposals shall be submitted as a monthly cost per site to complete the work. • Payments will be processed within 30 days of invoicing. Snow Plowing: • Snow must be plowed following every snowfall with accumulations of 1" or more. • Snowfall occurring overnight must be cleared by 8:00 AM at the Liquor Stores and by 7:00 AM at the Lakeville Area Arts Center. • Liquor Stores — Clear passage of parking lots must be maintained during regular business hours of 9:00 AM — 9:00 PM Monday thru Thursday and 9 :00 AM — 10:00 PM Friday and Saturday. • Lakeville Area Arts Center — Clear passage of parking lots must be maintained during regular business hours of 8:00 AM — 10:00 PM seven days /week. • No sand may be used; only salt or salt combined with Liquid Magnesium Chloride is allowed. • All snow will be piled on grounds. • Any additional fees for push -backs must be included in the proposal. G: 1Maintenance\Word- Exce11OUTSIDE CONTRACTSISNOW PLOWING\Request for Proposa[- Liquor Stores&ArtsCtr.doc o Special care must be taken at the Galaxie location to ensure that no damage to the porous pavers occur. Snow Shoveling: • All walks must be shoveled following any snowfall with accumulations of 1" or more. a Walks must be shoveled prior to 8:00 AM at the Liquor Stores and by 7:00 AM at the Lakeville Area Arts Center. • Rates for additional salt application must be included in the proposal. o The paver walk in front of Lakeville Area Arts Center has an in- ground heating system; therefore, no salt shall be applied. However, periodically shoveling will be required by contractor when in- ground heating system can't keep up with snow buildup. Attachments: See attached map for Lakeville Area Arts Center parking lots (A &B) and sidewalks that are to be included in quote. Proposals: All proposals must be received no later than 4:00 PM on Monday, October 31 and as previously indicated should be submitted as a monthly cost per site to complete the work. Proposals may be dropped off to the following location: Lakeville Central Maintenance Facility 7570 179 Street W Lakeville, MN 55044 Attn: John Hennen The City of Lakeville has the right to award the Contract as a total package or award the Contract separately (i.e. one contract for the Liquor Stores and one contract for the Lakeville Area Arts Center). Questions: Questions regarding snow removal at the Liquor Stores shall be directed to Brenda Visnovec, Liquor Operations Director at 952- 985 -4901. Questions regarding snow removal at the Lakeville Area Arts Center shall be directed to John Hennen, Park Maintenance & Operations Manager at 952 -985- 2715. G:IMaintenance \Word- ExcellOUTSIDE CONTRACTS \SNOW PLOWING \Request for Proposal- Liquor Slores &ArtsCir.doc SALESPERSON: CONTACT INFORMATION: Branden Fenne Phone: (952- 292 -0544) Email Address: fennesoutdoorservices@gmai I. com COST DESCRIPTION Rate for Curb -to -Curb plowing for snowfalls over 1 inches (Hourly) Rate for Curb -to -Curb plowing for snowfalls over 1" - 6" (Per time) Rate for more than 6" Included Rate for Clearing Plow (see attached sheet for description /all Drive - thru and Entrance /Exit areas, etc.) Included Hand Shoveling Rate for snowfalls over 1 inch to be completed. $625.00 Monthly Rate - includes all necessary plowing, labor and equipment for Curb -to -Curb snow removal for the entire month for snow accumulations of 1 inch or more. Included Monthly Sidewalk Shoveling Rate- includes all necessary labor and equipment to perform removal of snow from sidewalks. 4 Rate for Salt - $115.00 per time on approval with city official. (See Attached) Rate for Snow Removal (Included) OUTDOOR SERVICES P.O. BOX 541 LAKEVILLE, MN 55044 952 -292 -0544 LANDSCAPE - LAWN MAINTENANCE — IRRIGATION - ASPI3ALT MAINTENANCE — SNOW REMOVAL WV\TW.FENNESOUTDOORSERVICES. COM Date: THIS BID 15 FOR: Lakeville Area Arts Center 20965 Holyoke Avenue (Lakeville, MN 55044) DATE: 10/28/2011 TERMS OF AGREEMENT: November 1 2011 through March 31 2012 November 1 2012 through March 31 2013 `This is a quotation on the services named, subject to the conditions noted in the attached Scope of Work. enne's Outdoor Services Date: ( , 3e I J Thank you for your interest in Fenne's Outdoor Services SALESPERSON: CONTACT INFORMATION: Branden Fenne Phone: (952 -292 -0544) Email Address: fennesoutdoorservices@gmail.com COST DESCRIPTION Rate for Curb -to -Curb plowing for snowfalls over 1 inches (Hourly) Rate for Curb -to -Curb plowing for snowfalls over 1" - 6" (Per time) Rate for more than 6" Included Rate for Clearing Plow (see attached sheet for description /all Drive - thru and Entrance /Exit areas, etc.) Included Hand Shoveling Rate for snowfalls over 1 inch to be completed. $555.00 Monthly Rate- includes all necessary plowing, labor and equipment for Curb -to -Curb snow removal for the entire month for snow accumulations of 1 inch or more. Included Monthly Sidewalk Shoveling Rate - includes all necessary labor and equipment to perform removal of snow from sidewalks. - Rate for Salt - $115.00 per time on approval with city official. (See Attached) Rate for Snow Removal (Included) Date: OUTDOOR SERVICES P.O. BOX 541 LAKEVILLE, MN 55044 952 -292 -0544 LANDSCAPE - LAWN MAINTENANCE - IRRIGATION - ASI'HALT MAINTENANCE - SNOW REMOVAL WWW.FENNES OUTDO 0RSERVICES.COM Thank you for your interest in Fenne's Outdoor Services THIS BID IS FOR: Lakeville Liquor 16000 Galaxie Avenue (Lakeville, MN 55044) DATE: 10/28/2011 TERMS OF AGREEMENT: November 1 2011 through March 31 2012 November 1 2012 through March 31 2013 This is a quotation on the services named, subject to the conditions noted in the attached Scope of Work. Fenne's Outdoor Services Date: %O ° 0d 11 SALESPERSON: Branden Fenne CONTACT INFORMATION: Phone: (952 - 292 -0544) Email Address: fennesoutdoorservices @gmai I.com COST DESCRIPTION Rate for Curb -to -Curb plowing for snowfalls over 1 inches (Hourly) Rate for Curb - to-Curb plowing for snowfalls over 1" - 6" (Per time) Rate for more than 6" Included Rate for Clearing Plow (see attached sheet for description /all Drive - thru and Entrance /Exit areas, etc.) Included Hand Shoveling Rate for snowfalls over 1 inch to be completed. $515.00 Monthly Rate - includes all necessary plowing, labor and equipment for Curb -to -Curb snow removal for the entire month for snow accumulations of 1 inch or more. Included Monthly Sidewalk Shoveling Rate- includes all necessary labor and equipment to perform removal of snow from sidewalks. -› Rate for Salt - $115.00 per time on approval with city official. (See Attached) Rate for Snow Removal (Included) OUTDOOR SERVICES P.O. BOX 541 LAKEVILLE, MN 55044 952 -292 -0544 LANDSCAPE - LAW1•1 MAINTENANCE — IRRIGATION - ASPHALT MAINTENANCE -- SNOW REMOVAL WWW.FENNESOUTDOORSERVICES. COM Date: Thank you for your interest in Fenne's Outdoor Services THIS BID IS FOR: Lakeville Liquor 16179 Kenrick Avenue (Lakeville, MN 55044) DATE: 10/28/2011 TERMS OF AGREEMENT: November 1 2011 through March 31 2012 November 1 2012 through March 31 2013 This is a quotation on the services named, subject to the conditions noted in the attached Scope of Work. Fenne's Outdoor Services Date: / - - .. l/