HomeMy WebLinkAboutItem 06.mr
November 8, 2013 Item No.
SNOW REMOVAL CONTRACT WITH FENNE'S OUTDOOR SERVICES
FOR 2013 -2015 WINTER SEASONS
Proposed Action
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.
Overview
City staff accepted proposals for snow removal at three City facilities for the 2011 -2013 snow
seasons in October of 2011. 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.
The Mayor and City Clerk proceeded to execute a Snow Removal Contract with Fenne's
Outdoor Services at that time. The existing contract allows the City the right to extend the
contract for additional years under the initial conditions of the two -year contract. At this
time, staff is recommending that the Mayor and City Clerk execute the attached Snow
Removal Contract with Fenne's Outdoor Services for the 20132015 seasons.
Primary Issues to Consider
• Did Fenne's Outdoor Services provide quality snow removal services during the 2011-
2013 snow seasons? Yes, Fenne's Outdoor services did provide quality snow removal
services.
Supporting Information
• Copy of Snow Removal Contract with Fenne's Outdoor Services for the 2013 -2015 snow
seasons
C L_ 44 4' 7 _1"71 4 r1_1
pyin Hennen
,park Maintenance & Operations Mgr
Financial Impact: $ 8475 /season Budgeted: Y/N Source: LAAC / Liquor Fund
Related Documents (CIP, FRP, etc.):
Notes:
AGREEMENT
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AGREEMENT made this 18th day of November, 2013, 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. Specifications for Snow Removal 2013-2015
C. Bids dated November 8, 2013 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 $115.00 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, 2013 thru March 31, 2014 and November 1, 2014 thru March 31, 2015.
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: $1,000,000 each occurrence
$1,000,000 aggregate, products and
completed operations.
Property Damage: $2,000,000 each occurrence
$2,000,000 aggregate
Contractual Liability (identifying the contract):
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:
Property Damage:
$2,000,000 each occurrence
$2,000,000 each accident
$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 LA'KEVILLE
BY: L, & Ak 4 v BY:
Matt Little, Mayor
(An authorized signature) Charlene Friedges, City Clerk
9
C= OF LANEVOLLG
SIPECOFOCA70O S
NOS ff REMOVAL 2013 -2015
Locations:
Lakeville Area Arts Center
20965 Holyoke Avenue
Lakeville, MN 55044
952- 985 -4640
Lakeville Liquor Galaxie
16000 Galaxie Avenue
Lakeville, MN 55044
952 -985 -4930
Lakeville Liquor Kenrick
16179 Kenrick Avenue
Lakeville, MN 55044
952 -985 -4940
Contract Terms (two snow seasonst
• Term is for five months for period dates of November 1, 2013 — March 31,
2014, and November 1, 2014 — March 31, 2015.
• 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.
• Salting of parking lots will be on a request basis only. The proposal
should include a separate line item for the cost to salt each individual
parking lot on a per time basis.
• 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.
• Special care must be taken at the Galaxie location to ensure that no
damage to the porous pavers occurs.
G: 1Maintenance\Word- Excel\OUTSIDE CONTRACTSISNOW PLOWINGIRequesl for Proposal -LAAC u Liquor Stores
2013- 2015.doc
Snow Shoveling:
All walks must be shoveled following any snowfall with accumulations of 1"
or more.
Walks must be shoveled prior to 7:00 AM at the Lakeville Area Arts Center
and by 8:00 AM at the liquor stores.
Rates for additional salt application must be included in the proposal.
® 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.
G: IMaintenancelWord- Excel\OUTSIDE CONTRACMSNOW PLOWINGIRequest for Proposal -LAAC & Liquor Stores
2013- 2015.doc
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THIS BID IS FOR:
Lakeville Arts Center
(Lakeville, MN)
FP`01L.TTIID([1)0R SERVICES
P.O. I3OX 541 LAKEIVILLE, NIN 55044
952 - 292 -0544
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ASIIIIAI..T 1AIi T11,NjkN(!1e - SN01V 121010VA1.
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DATE: 11/08/2013
TERMS OF AGREEMENT:
November 1 2013 through March 31 2014
November 1 2014 through March 31 2095
SALESPERSON:
CONTACT INFORMATION:
Branden Fenn
Phone: (952 -292- 0544)
Email Address:
fe
COST
DESCRIPTION
Rate for Curb -to -Curb plowing for snowfalls over 1.5 inches (Hourly)
Rate for Curb -to -Curb plowing for snowfalls over 1.5" - 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 1.0 inch to be completed only
after each snowplow. Deicing of sidewalks is properties responsibility.
$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" or more.
Included
Monthly Sidewalk Shoveling Rate - includes all necessary labor and
equipment to perform removal of snow from building sidewalks.
---------- - - - - -->
Rate for Salt - $115.00 per time with city approval
(see Attached)
Rate for Snow Removal
Date:
"This is a quotation on the services named, subject to the conditions noted in the attached Scope of Work.
"Fenne's Outdoor Services is fully licensed and insured.
Fenne's Outdoor Services
Date:
Thank you for your interest in Fenne's Outdoor Services
THIS BID IS FOR:
Lakeville Liquors Galaxie
(Lake ville, MN)
- r "'OUTDOOR SERVICES
P.O. BON. 541 LAKEVILLE, MN 550
952 - 292 -0544
I,AN1)5(''.A1'1', - 1,AWN AIAINTI_:'VAN('1: - IRRIGATION -
AS1 A1AINT11,NAN('I+.- SNOW 121 1\1OVA1,
\ N" WA A YPNNLSOI ,'TI)OORSEIZVI('1{75.(',OAI
DATE: 11/08/2013
TERMS OF AGREEMENT:
November 1 2013 through March 31 2014
November 1 20 14 through March 31 2015
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 1.5 inches (Hourly)
Rate for Curb -to -Curb plowing for snowfalls over 1.5" - 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 1.0 inch to be completed only
after each snowplow. Deicing of sidewalks is properties responsibility.
$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" or more.
Included
Monthly Sidewalk Shoveling Rate - includes all necessary labor and
equipment to perform removal of snow from building sidewalks.
------ - - - -->
Rate for Salt - $115.00 per time with city approval
(See Attached)
Rate for Snow Removal
"This is a quotation on the services named, subject to the conditions noted in the attached Scope o r-k.
'Fenne's Outdoor Services is fully licensed and insured.
Fenne's Outdoor Services
Date:
Date: >' /_ -P - ,& f 3
Thank you for your interest in Fenne's Outdoor Services
THIS BID 1S FOR:
Lakeville Liquors Kenrick
(Lakeville, MN)
Off' TDOOR SERVICES
P.O. I3OX 54 LAIiEVILLE, AIN 555044
952 -292 -0544
I�AN1)ti(':11'IC - I�ANV_N AIAI_N'F NAPI('•I4' — IIZIZIGATIOIN -
ASI'IIAIIC
11 SOT'T1)OOIZSI,,I?N'I(.'ES.(IONI
DATE: 11/0812093
TERMS OF AGREEMENT:
November 1 2013 through March 31 2014
November 1 2014 t hrough March 31 2015
SALESPERSON:
CONTACT INFORMATION:
Branders Fenne
Phone: (952-292-0544)
Email Address:
fennesoutdoorservices@grnail .cam
COST
DESCRIPTION
Rate for Curb -to -Curb plowing for snowfalls over 1.5 inches (Hourly)
Rate for Curb -to -Curb plowing for snowfalls over 1.5" - 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 1.0 inch to be completed only
after each sn Deicing of sidewalks is properties responsibility
$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" or more.
Included
Monthly Sidewalk Shoveling Rate- includes all necessary labor and
equipment to perform removal of snow from building sidewalks.
---------- - - - - -a
Rate for Salt - $115.00 per time with city approval
(See Attached)
Rate for Snow Removal
'This is a quotation on the services named, subject to the conditions noted in the attached Scope of Work.
`Fenne's Outdoor Services is fully licensed and insured.
Fenne's Outdoor Services
Date:
Date: F 1 �_
Thank you for your interest in Fenne's Outdoor Services