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Home My WebLink AboutItem 06.fNovember 12, 2014 Item No. SNOW REMOVAL CONTRACT WITH FENNE'S OUTDOOR SERVICES 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, Lakeville Liquor Kenrick and Downtown Lakeville Parking Lot Passage of this motion will result in Mayor and City Clerk executing a contract with Fenne's Outdoor Services for snow removal purposes. Overview Currently, the City of Lakeville has a Contract with Fenne's Outdoor Services for snow removal at the Lakeville Area Arts Center, Lakeville Liquor Galaxie and Lakeville Liquor Kenrick. At this time, staff is proposing to add the newly improved Downtown Lakeville Parking Lot (west of Ben Franklin and Erickson Drug) to the existing Contract. Community & Economic Development Director David Olson has worked with the four property owners along Holyoke Avenue who utilize the parking lot extensively. The four property owners will reimburse the City for the snow removal services for this parking lot at a cost of $615/month from November 1, 2014 — March 31, 2015. The City will continue to pay Fenne's Outdoor Services $625.00/month for the Lakeville Area Arts Center, $550.00/month for Lakeville Liquor Galaxie, $515.00/per month for Lakeville Liquor Kenrick and as mentioned $615.00/month for the Downtown Lakeville Parking Lot for the 2014-2015 snow removal season. 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 2014-2015 season. Primary Issues to Consider • Did Fenne's Outdoor Services provide quality snow removal services during the 2011- 2014 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 2014-2015 snow season. Maintenance & Operations Mgr. Financial Impact: $11,550/ season Budgeted: Yes Source: LAAC / Liquor Fund / Reimbursement Related Documents (CIP, ERP, etc.): Notes: AGREEMENT CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AGREEMENT made this 17th day of November, 2014, 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, Lakeville Liquor Kenrick and Downtown Parking Lot. 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 2014-2015 C. Bids dated November 8, 2013 and October 6, 2014 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, $515.00 per month for Lakeville Liquor Kenrick and $615.00 per month for Downtown Parking Lot 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, 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 %z %) 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: $2,000,000 each occurrence $2,000,000 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 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: i� ,�g�1cv� TEo-o-P BY: !�RY— (An authorize signature) 3 Matt Little, Mayor Charlene Friedges, City Clerk CITY OF LAKEVILLE SPECIFICATIONS SNOW REMOVAL 2014-2015 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 Downtown Parking Lot Contract Terms (two snow seasons): • Term is for five months for period dates of 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 7:00 AM at the Lakeville Area Arts Center and Downtown Parking Lot and by 8:00 AM at the liquor stores. • Lakeville Area Arts Center and Downtown Parking Lot — Clear passage of parking lots must be maintained during regular business hours of 8:00 AM — 10:00 PM seven days/week. • 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. • 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:\Maintenance\Ward-Excel\OUTSIDE CONTRACTS\SNOW PLOWING\2013-2015\Request for Proposal-LAAC & Liquor Stores & DT Parking Lot 2014-2015.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 Downtown Parking Lot 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:\Maintenance\Word-Excel\OUTSIDE CONTRACTS\SNOW PLOWING\2013-2015\Request for Proposal-LAAC & Liquor Stores & DT Parking Lot 2014-2015.doc N 1 l L I r � 209THIiST,W 1 60Lot "B" W Q UP,P�ER.209TH ST W v j -- O •1 - t Uj n � ' Lot iAi. T Arts Center N Snow Plow Map '+E o 25 50 100 S Feel %'OUTDOOR SERVICES P.O. BOX 541 LAIiEVILLE, MN 55044 952-292-0544 LANllS('API: - LAWN N1AINTFNAN(Ts— IRRIGATION - ASPIIAi,,r IIIAINTENAN('ll—SNON I>HNIOVAL NVWW. THIS BID IS FOR: Lakeville Arts Center (Lakeville, MN) DATE: 11/08/2013 TERMS OF AGREEMENT: November 1 2013 through March 31 2014 November 1 2014 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. $625.00 Monthly Rate -includes all necessary plowing, labor and equipment for Curb -to -Curb snow removal for the entire month for snow accumulations of 1" or more. Included Monthly Sidewalk Shoveling Rate -includes all necessary labor and equipment to perform removal of snow from building sidewalks. ---------------4 Rate for Salt -_$_l 15.00 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: 0-9-Jz(- Thank you for your interest in Fenne's Outdoor Services "OUTDOOR SERVICES P.O. BOX 5.11 LAI-CEVILLE, MN 5504.1 952-392-0544 I,ANI)S('AI'P: - 1,ANVN AIAINTI,NAN('E— II211!IGA'1'I0N - ASPII_ I,'1' AIAINTI�,NAN('19- SNO\i' 12h,6IOVAI, wWW.FENNESOI1 PI)OOIZSI'I2VWI9SXONI THIS BID IS FOR: Lakeville Liquors Galaxie (Lakeville, MN) DATE: 11/08/2013 TERMS OF AGREEMENT: November 1 2013 through March 31 2014 November 1 2014 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 tabor and equipment to perform removal of snow from building sidewalks. ----------------3 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 ck. 'Fenne's Outdoor Services is fully licensed and insured. Fenne's Outdoor Services Date: //-R- Rp f'3 Thank you for your interest in Fenne's Outdoor Services -*�" -OUTDOOR SERVICES P.O. BOX 541 LAKEVILLE, MN 55044 952-292-0544 LANJ)S('A1'L'. - LAR -N DLIINTI3NAN('11-,- IKIZIG,kTION - Ati1'IIAI.TPdAIN773NAN(73-SNOW 1Z1.N1OVAL VVAi'W.I'L'NNN]SOtITll0012SEI2VI('ES.('ONI THIS BID IS FOR: Lakeville Liquors Kenrick (Lakeville, MN) DATE: 11/08/2013 TERMS OF AGREEMENT: November 1 2013 through March 31 2014 November 1 2014 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. $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. ----------------> 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: Thank you for your interest in Fenne's Outdoor Services F'OUTDOOR SERVICES P.O. BOX 541 LAKEVILLE, MN 55044 952-292-0544 LANDSCAPE - LAWN NJAINTFNANCE — IRRIGATION - ASPI-IALT AIAINTF,NANCE — SNOR' REDIOVAL W W W.FENNESOUTDOORSIPRVICES.CObi THIS BID IS FOR: Downtown Lakeville Parking Lot (Lakeville, MN) DATE: 10/06/2014 TERMS OF AGREEMENT: November 1 2014 through March 31 2015 SALESPERSON: CONTACT INFORMATION: Branden Fenne Phone: (952-292-0544) Email Address: fennesoutdoorservices@gmalf.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 inch to be completed only after each snowplow. Deicing of sidewalks is properties responsibility. $615.00 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 City sidewalks. ---------------4 Rate for Salt - $110.00 Der ton Salt sand - $85.00 per ton (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