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Date: 1 April 2015
Item No.
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR 2015
JANITORIAL SERVICES FOR THE NORTH, CENTRAL, AND SOUTH CAMPUSES
TO FBG SERVICE CORPORATION
Proposed Action
Staff recommends adoption of the following motion: Move to accept bids and award
contracts for 2015 janitorial services for the north, central and south campuses to FBG Service
Corporation.
Passage of this motion enables continued janitorial and cleaning services for eight city
facilities.
Overview
Bids are solicited on a recurring basis for janitorial and cleaning services for the Fire Stations,
Police Station, City Hall, Central Maintenance Facility, and Water Treatment Facility. For 2015,
the facilities were separated into three campuses geographically, north, central, and south, to
promote as much competition as possible among the contractors. The advertisement
requesting bids was published on 20 February 2015.
A pre-bid meeting and walkthrough of the facilities was conducted on 26 February 2015. Bids
were opened on 12 March. Four contractors attended the pre-bid meeting and three
responded with bid submissions. Of the responding contractors, FBG Service Corporation
submitted the lowest bid, at an aggregate cost for the three campuses of $7,923.00 per
month.
Staff has evaluated the bids and recommends acceptance of the bids and award of the
contract to FBG Services Corporation.
Primary Issues to Consider
• Do janitorial services meet the needs of the City? Yes, the specifications were structured
to meet City needs.
Supporting Information
• A copy of the bid tabulation and contracts are attached.
Christop rJ. Petree
Public Works Director
Financial Impact: $95,076.00 Budgeted: Yes
Related Documents (CIP, ERP, etc.):
Community Values: Good Value for Public Services
Source: Department Budgets
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CONTRACT FOR 2015 JANITORIAL SERVICES
NORTH CAMPUS
THIS AGREEMENT made this 6th day of April 2015, by and between the CITY OF LAKEVILLE,
hereinafter referred to as the "City", and FBG SERVICE CORPORATION, hereinafter referred
to as the "Contractor".
THE CITY AND THE CONTRACTOR, FOR THE CONSIDERATION HEREINAFTER STATED,
AGREE AS FOLLOWS:
1. SCOPE OF SERVICES. The scope of services is detailed in the Contract Documents but
generally consists of Janitorial Services for the Central Maintenance Facility, Fire
Station 2, and Fire Station 3. The Contractor agrees to perform the services as detailed
in the Contract Documents.
2. 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 document entitled "Contract for 2015 Janitorial Services North Campus"
B. Instructions to Bidders
C. General and Technical Specifications
D. Contractor's Bid
If there is a conflict among the provisions of the Contract, 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 "D" having the last priority.
3. OBLIGATIONS OF THE CONTRACTOR. The Contractor agrees that the work
contemplated by the Contract shall be fully and satisfactorily completed in accordance
with the terms of the Contract Documents.
4. PAYMENT.
A. The City agrees to pay and the Contractor agrees to receive and accept payment
in accordance with the prices quoted as set forth in the completed Bid Form.
Payment to the Contractor shall be made monthly based on submission and
approval of an invoice.
B. Payments to Subcontractor. Pursuant to Minn. Stat. § 471.25, Subd. 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 11/2 percent per month or
any part of a month to the 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.
4
5. INDEMNIFICATION.
A. The Contractor shall indemnify, defend and hold harmless the City and
its officials, agents, representatives, and employees from any loss, claim,
liability and expense (including reasonable attorneys fees and expenses of
litigation) with respect to: (a) Worker's Compensation benefits payable on
account of injury or death to any Contractor employee or to any employee of
Contractor's subcontractors, where the injury or death arises out of or is in any
way related to the work performed or to be performed under the Contract; (b)
claims for personal injury, death, or property damage or loss asserted by a
Contractor or subcontractor or any of their officers, agents, representatives, or
employees where the injury, death, damage, or loss arises out of or is in any
way related to the work performed or to be performed under the Contract; and
(c) claims for personal injury, death, or property damage or loss as asserted by
third -parties at the work site, where the claim is based in the whole or in any
part on, or is in any way related to, any act or omission by Contractor, or
Contractor's subcontractors, agents, employees or delegates.
B. Contractor shall agree that the indemnities stated above shall be construed
and applied in favor of indemnification. To the extent permitted by law, the
stated indemnities shall apply regardless of any strict liability or negligence
attributable to the City and regardless of the extent to which the underlying
harm is attributable to the negligence or otherwise wrongful act or omission
(including breach of contract) of Contractor, its subcontractors, agents,
employees or delegates. Contractor also agrees that if applicable law limits or
precludes any aspect of the stated indemnities, then the indemnities will be
considered limited only to the extent necessary to comply with that applicable
law. The stated indemnities continue until all applicable statutes of limitations
have run.
C. If a claim arises within the scope of the stated indemnity, the City may require
Contractor to furnish a written acceptance of tender of defense and indemnity
from Contractor's insurance company. Contractor will take the action required
by City within fifteen 0 5) days of receiving notice from City.
6. RIGHTS AND REMEDIES.
A. The duties and obligations imposed by the Contract Documents and the rights
and remedies available thereunder shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise imposed or available
by law.
B. No action or failure to act by the City or the Contractor shall constitute a waiver
of any right or duty afforded by any of them under the Contract, nor shall any
such action or failure to act constitute an approval of or acquiescence in any
breach thereunder, except as may be specifically agreed in writing.
s
7. GOVERNING LAW. The Contract shall be governed by the laws of the State of
Minnesota.
S. INSURANCE. Prior to commencing work on the Contract, the Contractor shall furnish
the City a certificate of insurance. The Contractor shall furnish and maintain during
the project such public liability and property damage insurance as shall protect
Contractor and any subcontractors performing work covered by the Contract from
claims for damages by Workers Compensation Statute, and from claims for property
damages or personal injury which may arise from operations under this Contract,
whether such operations are by Contractor or by an subcontractor or anyone directly
or indirectly employed by either of them and the amounts of insurance shall be as
follows:
A. Workers Compensation - as provided in the applicable law.
B. Comprehensive Public:
Liability - Personal Injury - $2,000,000.00
Property Damage - $2,000,000.00
C. Comprehensive Automobile:
Liability - Personal Injury - $2,000,000.00
Property Damage - $2,000,000.00
All insurance policies (or riders) required by this Agreement shall be (i) taken out by
the Provider and maintained with responsible insurance companies organized under
the laws of one of the states of the United States and qualified to do business in the
State of Minnesota, (ii) shall contain a provision that the insurer shall not cancel or
revise coverage thereunder without giving written notice to Provider as an insured
party and to City as an additional insured at least thirty (30) days before cancellation or
revision becomes effective, (iii) shall name Provider as an insured party and City as an
additional insured with respect to General Liability and Auto Liability policies on a
primary and non-contributory basis, (iv) shall be in accordance with specifications
approved by the insurance advisory for City, and (v) shall be evidenced by a Certificate
of Insurance listing City as an additional insured which shall be filed with the city.
Certificates of Insurance that do not meet these requirements will not be accepted.
Certificates of Insurance shall include the policy endorsement showing the City named
as additional insured on a primary and non-contributory basis.
9. PERFORMANCE AND PAYMENT BONDS. Performance and payment bonds are not
required.
10. TERM. The term of this Contract shall begin on or about 6 April 2015 and end on
31 March 2016, both dates inclusive, unless sooner terminated as hereinafter
provided.
6
11. SUPPLIES, EQUIPMENT, AND INCIDENTALS. The City and Contractor agree that the
Contractor shall furnish any and all supplies, equipment, and incidentals necessary for
Contractor's performance of this Contract.
12. TERMINATION WITHOUT CAUSE BY CITY. The City reserves the right at its sole
discretion to terminate this Contract at will immediately without cause at any time
within the term of this Contract. In the event .of such termination, the City shall
provide Contractor written notice of termination and upon receipt of same, Contractor
shall immediately cease and desist Contractor's provision of services under this
Contract and City shall have no further obligation under this Contract to pay any
further compensation to Contractor except for compensation due and owing for
services prior to Contractor's receipt of the written notice of termination.
13. INDEPENDENT CONTRACTOR. City and Contractor agree that Contractor, while
engaged in carrying out and complying with the terms and conditions of this Contract
and the provision of services thereunder, shall be considered at all times an
independent contractor and not an officer, employee, or agent of the City. City and
Contractor further agree that Contractor shall not at any time or in any manner
represent that Contractor or any of the Contractor's agents or employees are in any
manner agents or employees of the City. City and Contractor further agree that
Contractor shall be exclusively responsible under this Contract for Contractor's own
FICA payment, workers compensation payments, unemployment compensation
payments, withholding amounts, and/or self-employment taxes or other taxes if any
such payments, amounts, or taxes are required to be paid by law or regulations.
14. WRITTEN NOTICE OR OTHER CORRESPONDENCE. Any written notice or other
correspondence to be provided by or between the City and the Contractor in
accordance with this Contract shall be hand delivered or mailed by registered or
certified mail to the following address:
CITY: City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
CONTRACTOR: FBG Service Corporation
105 Old Hwy 8, Suite #4
New Brighton, MN 55112
15. WAIVER OF DEFAULT. Any waiver by City of a default under the provisions of this
Contract by Contractor shall not operate or be construed as a waiver of a subsequent
default by the Contractor. No waiver shall be valid unless in writing and signed by the
Mayor and the City Administrator on behalf of the City.
16. NO ASSIGNMENT OR SUBCONTRACTING. The City and Contractor agree that the
services to be rendered by the Contractor under this Contract are unique and
7
personal. Accordingly, the Contractor may not assign or subcontract out any of the
Contractor's rights or any of the Contractor's duties or obligations under this Contract.
17. INVALIDITY OF PROVISIONS. If any term or provision of this Contract or any
application hereof to any person or circumstances, shall to any extent be invalid or
unenforceable, the remainder of this Contract or the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable shall not be effected hereby and each term and provision of this
Contract shall be valid and be enforced to the fullest extent permitted by law.
18. 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.
19. WARRANTY. The Contractor shall be held responsible for any ' and all defects in
workmanship, materials, and equipment which may develop in any part of the
contracted service, and upon proper notification by the City shall immediately replace,
without cost to the City, any such faulty part or parts and damage done by reason of the
same in accordance with the bid specifications.
20. CHANGE ORDERS. Without invalidating the Contract, the City may, at any time or
from time to time, order additions, deletions, or revisions in the Work, these will be
authorized by Change Orders. Upon receipt of a Change Order, the Contractor shall
proceed with the work involved. Changes in the Contract Price shall be based on the
Bid Prices
21. ENTIRE AGREEMENT. This instrument herein contains the entire and only agreement
between the parties and no oral statement or representation or prior written matter
not contained in this instrument shall have any force and effect. This Contract shall
not be modified in any way except by writing executed by both parties.
22. DISCRIMINATION. Contractor agrees to comply with Minnesota Statute 181.59 that
states:
Subsection A. That, in the hiring of common or skilled labor for the performance of
any work under any contract, or any subcontract, no contractor, material Contractor or
vendor, shall, by reason of race, creed, or color, discriminate against the person or
persons who are citizens of the United States or resident aliens who are qualified and
available to perform the work to which the employment relates;
Subsection B. That no contractor, material Contractor, or vendor, shall, in any manner,
discriminate against, or intimidate, or prevent the employment of any person or
persons identified in clause (1) of this section, or on being hired, prevent, or conspire
8
to prevent the person or persons from the performance of work under any contract on
account of race, creed, or color;
Subsection C. That a violation of this section is a misdemeanor; and
Subsection D. That this contract may be canceled or terminated by the state, county,
city, town, school board, or any other person authorized to grant the contracts for
employment, and all money due, or to become due under the contract, may be
forfeited for a second or any subsequent violation of the terms or conditions of this
contract.
23. BACKGROUND CHECKS. The City may require criminal history background checks of
the Contractor's employee's for purposes of access to City facilities. The City reserves
the right to deny access to City facilities to those Contractors or Contractor's
employees that it deems inappropriate.
CITY OF LAKEVILLE
BY:
Matt Little, Mayor
AND:
Charlene Friedges, City Clerk
CONTRACTOR: FBG Service Corporation
BY:
Its
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
'2015, by Matt Little and by Charlene Friedges, respectively the Mayor and the
City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
9
STATE OF
(ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2015, by the
of
corporation, on behalf of the corporation.
NOTARY PUBLIC
10
CONTRACT FOR 2015 JANITORIAL SERVICES
CENTRAL CAMPUS
THIS AGREEMENT made this 6th day of April 2015, by and between the CITY OF LAKEVILLE,
hereinafter referred to as the "City", and FBG SERVICE CORPORATION, hereinafter referred
to as the "Contractor".
THE CITY AND THE CONTRACTOR, FOR THE CONSIDERATION HEREINAFTER STATED,
AGREE AS FOLLOWS:
24. SCOPE OF SERVICES. The scope of services is detailed in the Contract Documents but
generally consists of Janitorial Services for the Police Station, Water Treatment Facility,
and Fire Station 4. The Contractor agrees to perform the services as detailed in the
Contract Documents.
25. 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 document entitled "Contract for 2015 Janitorial Services Central Campus"
B. Instructions to Bidders
C. General and Technical Specifications
D. Contractor's Bid
If there is a conflict among the provisions of the Contract, 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 "D" having the last priority.
26. OBLIGATIONS OF THE CONTRACTOR. The Contractor agrees that the work
contemplated by the Contract shall be fully and satisfactorily completed in accordance
with the terms of the Contract Documents.
27. PAYMENT.
A. The City agrees to pay and the Contractor agrees to receive and accept payment
in accordance with the prices quoted as set forth in the completed Bid Form.
Payment to the Contractor shall be made monthly based on submission and
approval of an invoice.
B. Payments to Subcontractor. Pursuant to Minn. Stat. § 471.25, Subd. 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 1'/i percent per month or
any part of a month to the 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.
11
28. INDEMNIFICATION.
A. The Contractor shall indemnify, defend and hold harmless the City and
its officials, agents, representatives, and employees from any loss, claim,
liability and expense (including reasonable attorney's fees and expenses of
litigation) with respect to: (a) Worker's Compensation benefits payable on
account of injury or death to any Contractor employee or to any employee of
Contractor's subcontractors, where the injury or death arises out of or is in any
way related to the work performed or to be performed under the Contract; (b)
claims for personal injury, death, or property damage or loss asserted by a
Contractor or subcontractor or any of their officers, agents, representatives, or
employees where the injury, death, damage, or loss arises out of or is in any
way related to the work performed or to be performed under the Contract; and
(c) claims for personal injury, death, or property damage or loss as asserted by
third -parties at the work site, where the claim is based in the whole or in any
part on, or is in any way related to, any act or omission by Contractor, or
Contractor's subcontractors, agents, employees or delegates.
B. Contractor shall agree that the indemnities stated above shall be construed
and applied in favor of indemnification. To the extent permitted by law, the
stated indemnities shall apply regardless of any strict liability or negligence
attributable to the City and regardless of the extent to which the underlying
harm is attributable to the negligence or otherwise wrongful act or omission
(including breach of contract) of Contractor, its subcontractors, agents,
employees or delegates. Contractor also agrees that if applicable law limits or
precludes any aspect of the stated indemnities, then the indemnities will be
considered limited only to the extent necessary to comply with that applicable
law. The stated indemnities continue until all applicable statutes of limitations
have run.
C. If a claim arises within the scope of the stated indemnity, the City may require
Contractor to furnish a written acceptance of tender of defense and indemnity
from Contractor's insurance company. Contractor will take the action required
by City within fifteen (15) days of receiving notice from City.
29. RIGHTS AND REMEDIES.
A. The duties and obligations imposed by the Contract Documents and the rights
and remedies available thereunder shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise imposed or available
by law.
B. No action or failure to act by the City or the Contractor shall constitute a waiver
of any right or duty afforded by any of them under the Contract, nor shall any
such action or failure to act constitute an approval of or acquiescence in any
breach thereunder, except as may be specifically agreed in writing.
12
30. GOVERNING LAW. The Contract shall be governed by the laws of the State of
Minnesota.
31. INSURANCE. Prior to commencing work on the Contract, the Contractor shall furnish
the City a certificate of insurance. The Contractor shall furnish and maintain during
the project such public liability and property damage insurance as shall protect
Contractor and any subcontractors performing work covered by the Contract from
claims for damages by Workers Compensation Statute, and from claims for property
damages or personal injury which may arise from operations under this Contract,
whether such operations are by Contractor or by an subcontractor or anyone directly
or indirectly employed by either of them and the amounts of insurance shall be as
follows:
D. Workers Compensation - as provided in the applicable law.
E. Comprehensive Public:
Liability - Personal Injury - $2,000,000.00
Property Damage - $2,000,000.00
F. Comprehensive Automobile:
Liability - Personal Injury - $2,000,000.00
Property Damage - $2,000,000.00
All insurance policies (or riders) required by this Agreement shall be (i) taken out by
the Provider and maintained with responsible insurance companies organized under
the laws of one of the states of the United States and qualified to do business in the
State of Minnesota, (ii) shall contain a provision that the insurer shall not cancel or
revise coverage thereunder without giving written notice to Provider as an insured
party and to City as an additional insured at least thirty (30) days before cancellation or
revision becomes effective, (iii) shall name Provider as an insured party and City as an
additional insured with respect to General Liability and Auto Liability policies on a
primary and non-contributory basis, (iv) shall be in accordance with specifications
approved by the insurance advisory for City, and (v) shall be evidenced by a Certificate
of Insurance listing City as an additional insured which shall be filed with the city.
Certificates of Insurance that do not meet these requirements will not be accepted.
Certificates of Insurance shall include the policy endorsement showing the City named
as additional insured on a primary and non-contributory basis.
32. PERFORMANCE AND PAYMENT BONDS. Performance and payment bonds are not
required.
33. TERM. The term of this Contract shall begin on or about 6 April 2015 and end on
31 March 2016, both dates inclusive, unless sooner terminated as hereinafter
provided.
13
34. SUPPLIES, EQUIPMENT, AND INCIDENTALS. The City and Contractor agree that the
Contractor shall furnish any and all supplies, equipment, and incidentals necessary for
Contractor's performance of this Contract.
35. TERMINATION WITHOUT CAUSE BY CITY. The City reserves the right at its sole
discretion to terminate this Contract at will immediately without cause at any time
within the term of this Contract. In the event of such termination, the City shall
provide Contractor written notice of termination and upon receipt of same, Contractor
shall immediately cease and desist Contractor's provision of services under this
Contract and City shall have no further obligation under this Contract to pay any
further compensation to Contractor except for compensation due and owing for
services prior to Contractor's receipt of the written notice of termination.
36. INDEPENDENT CONTRACTOR. City and Contractor agree that Contractor, while
engaged in carrying out and complying with the terms and conditions of this Contract
and the provision of services thereunder, shall be considered at all times an
independent contractor and not an officer, employee, or agent of the City. City and
Contractor further agree that Contractor shall not at any time or in any manner
represent that Contractor or any of the Contractor's agents or employees are in any
manner agents or employees of the City. City and Contractor further agree that
Contractor shall be exclusively responsible under this Contract for Contractor's own
FICA payment, workers compensation payments, unemployment compensation
payments, withholding amounts, and/or self-employment taxes or other taxes if any
such payments, amounts, or taxes are required to be paid by law or regulations.
37. WRITTEN NOTICE OR OTHER CORRESPONDENCE. Any written notice or other
correspondence to be provided by or between the City and the Contractor in
accordance with this Contract shall be hand delivered or mailed by registered or
certified mail to the following address:
CITY: City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
CONTRACTOR: FBG Service Corporation
105 Old Hwy 8, Suite #4
New Brighton, MN 55112
38. WAIVER OF DEFAULT. Any waiver by City of a default under the provisions of this
Contract by Contractor shall not operate or be construed as a waiver of a subsequent
default by the Contractor. No waiver shall be valid unless in writing and signed by the
Mayor and the City Administrator on behalf of the City.
39. NO ASSIGNMENT OR SUBCONTRACTING. The City and Contractor agree that the
services to be rendered by the Contractor under this Contract are unique and
14
personal. Accordingly, the Contractor may not assign or subcontract out any of the
Contractor's rights or any of the Contractor's duties or obligations under this Contract.
40. INVALIDITY OF PROVISIONS. If any term or provision of this Contract or any
application hereof to any person or circumstances, shall to any extent be invalid or
unenforceable, the remainder of this Contract or the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable shall not be effected hereby and each term and provision of this
Contract shall be valid and be enforced to the fullest extent permitted by law.
41. 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.
42. WARRANTY. The Contractor shall be held responsible for any and all defects in
workmanship, materials, and equipment which may develop in any part of the
contracted service, and upon proper notification by the City shall immediately replace,
without cost to the City, any such faulty part or parts and damage done by reason of the
same in accordance with the bid specifications.
43. CHANGE ORDERS. Without invalidating the Contract, the City may, at any time or
from time to time, order additions, deletions, or revisions in the Work; these will be
authorized by Change Orders. Upon receipt of a Change Order, the Contractor shall
proceed with the work involved. Changes in the Contract Price shall be based on the
Bid Prices
44. ENTIRE AGREEMENT. This instrument herein contains the entire and only agreement
between the parties and no oral statement or representation or prior written matter
not contained in this instrument shall have any force and effect. This Contract shall
not be modified in any way except by writing executed by both parties.
45. DISCRIMINATION. Contractor agrees to comply with Minnesota Statute 181.59 that
states:
Subsection A. That, in the hiring of common or skilled labor for the performance of
any work under any contract, or any subcontract, no contractor, material Contractor or
vendor, shall, by reason of race, creed, or color, discriminate against the person or
persons who are citizens of the United States or resident aliens who are qualified and
available to perform the work to which the employment relates;
Subsection B. That no contractor, material Contractor, or vendor, shall, in any manner,
discriminate against, or intimidate, or prevent the employment of any person or
persons identified in clause (1) of this section, or on being hired, prevent, or conspire
15
to prevent the person or persons from the performance of work under any contract on
account of race, creed, or color;
Subsection C. That a violation of this section is a misdemeanor; and
Subsection D. That this contract may be canceled or terminated by the state, county,
city, town, school board, or any other person authorized to grant the contracts for
employment, and all money due, or to become due under the contract, may be
forfeited for a second or any subsequent violation of the terms or conditions of this
contract.
46. BACKGROUND CHECKS. The City may require criminal history background checks of
the Contractor's employee's for purposes of access to City facilities. The City reserves
the right to deny access to City facilities to those Contractors or Contractor's
employees that it deems inappropriate.
CITY OF LAKEVILLE
BY:
AN
Matt Little, Mayor
Charlene Friedges, City Clerk
CONTRACTOR: FBG Service Corporation
Its
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2015, by Matt Little and by Charlene Friedges, respectively the Mayor and the
City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
16
STATE OF
(ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2015, by the
of
corporation, on behalf of the corporation.
NOTARY PUBLIC
17
CONTRACT FOR 2015 JANITORIAL SERVICES
SOUTH CAMPUS
THIS AGREEMENT made this 61h day of April 2015, by and between the CITY OF LAKEVILLE,
hereinafter referred to as the "City", and FBG SERVICE CORPORATION, hereinafter referred
to as the "Contractor".
THE CITY AND THE CONTRACTOR, FOR THE CONSIDERATION HEREINAFTER STATED,
AGREE AS FOLLOWS:
47. SCOPE OF SERVICES. The scope of services is detailed in the Contract Documents but
generally consists of Janitorial Services for the City Hall and Fire Station 1. The
Contractor agrees to perform the services as detailed in the Contract Documents.
48. 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 document entitled "Contract for 2015 Janitorial Services South Campus"
B. Instructions to Bidders
C. General and Technical Specifications
D. Contractor's Bid
If there is a conflict among the provisions of the Contract, 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 "D" having the last priority.
49. OBLIGATIONS OF THE CONTRACTOR. The Contractor agrees that the work
contemplated by the Contract shall be fully and satisfactorily completed in accordance
with the terms of the Contract Documents.
50. PAYMENT.
A. The City agrees to pay and the Contractor agrees to receive and accept payment
in accordance with the prices quoted as set forth in the completed Bid Form.
Payment to the Contractor shall be made monthly based on submission and
approval of an invoice.
B. Payments to Subcontractor. Pursuant to Minn. Stat. § 471.25, Subd. 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 11/2 percent per month or
any part of a month to the 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.
18
51. INDEMNIFICATION.
A. The Contractor shall indemnify, defend and hold harmless the City and
its officials, agents, representatives, and employees from any loss, claim,
liability and expense (including reasonable attorney's fees and expenses of
litigation) with respect to: (a) Worker's Compensation benefits payable on
account of injury or death to any Contractor employee or to any employee of
Contractor's subcontractors, where the injury or death arises out of or is in any
way related to the work performed or to be performed under the Contract; (b)
claims for personal injury, death, or property damage or loss asserted by a
Contractor or subcontractor or any of their officers, agents, representatives, or
employees where the injury, death, damage, or loss arises out of or is in any
way related to the work performed or to be performed under the Contract; and
(c) claims for personal injury, death, or property damage or loss as asserted by
third -parties at the work site, where the claim is based in the whole or in any
part on, or is in any way related to, any act or omission by Contractor, or
Contractor's subcontractors, agents, employees or delegates.
B. Contractor shall agree that the indemnities stated above shall be construed
and applied in favor of indemnification. To the extent permitted by law, the
stated indemnities shall apply regardless of any strict liability or negligence
attributable to the City and regardless of the extent to which the underlying
harm is attributable to the negligence or otherwise wrongful act or omission
(including breach of contract) of Contractor, its subcontractors, agents,
employees or delegates. Contractor also agrees that if applicable law limits or
precludes any aspect of the stated indemnities, then the indemnities will be
considered limited only to the extent necessary to comply with that applicable
law. The stated indemnities continue until all applicable statutes of limitations
have run.
C. If a claim arises within the scope of the stated indemnity, the City may require
Contractor to furnish a written acceptance of tender of defense and indemnity
from Contractor's insurance company. Contractor will take the action required
by City within fifteen (15) days of receiving notice from City.
52. RIGHTS AND REMEDIES.
A. The duties and obligations imposed by the Contract Documents and the rights
and remedies available thereunder shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise imposed or available
by law.
B. No action or failure to act by the City or the Contractor shall constitute a waiver
of any right or duty afforded by any of them under the Contract, nor shall any
such action or failure to act constitute an approval of or acquiescence in any
breach thereunder, except as may be specifically agreed in writing.
19
53. GOVERNING LAW. The Contract shall be governed by the laws of the State of
Minnesota.
54. INSURANCE. Prior to commencing work on the Contract, the Contractor shall furnish
the City a certificate of insurance. The Contractor shall furnish and maintain during
the project such public liability and property damage insurance as shall protect
Contractor and any subcontractors performing work covered by the Contract from
claims for damages by Workers Compensation Statute, and from claims for property
damages or personal injury which may arise from operations under this Contract,
whether such operations are by Contractor or by an subcontractor or anyone directly
or indirectly employed by either of them and the amounts of insurance shall be as
follows:
G. Workers Compensation - as provided in the applicable law.
H. Comprehensive Public:
Liability - Personal Injury - $2,000,000.00
Property Damage - $2,000,000.00
I. Comprehensive Automobile:
Liability - Personal Injury - $2,000,000.00
Property Damage - $2,000,000.00
All insurance policies (or riders) required by this Agreement shall be (i) taken out by
the Provider and maintained with responsible insurance companies organized under
the laws of one of the states of the United States and qualified to do business in the
State of Minnesota, (ii) shall contain a provision that the insurer shall not cancel or
revise coverage thereunder without giving written notice to Provider as an insured
party and to City as an additional insured at least thirty (30) days before cancellation or
revision becomes effective, (iii) shall name Provider as an insured party and City as an
additional insured with respect to General Liability and Auto Liability policies on a
primary and non-contributory basis, (iv) shall be in accordance with specifications
approved by the insurance advisory for City, and (v) shall be evidenced by a Certificate
of Insurance listing City as an additional insured which shall be filed with the city.
Certificates of Insurance that do not meet these requirements will not be accepted.
Certificates of Insurance shall include the policy endorsement showing the City named
as additional insured on a primary and non-contributory basis.
55. PERFORMANCE AND PAYMENT BONDS. Performance and payment bonds are not
required.
56. TERM. The term of this Contract shall begin on or about 6 April 2015 and end on
31 March 2016, both dates inclusive, unless sooner terminated as hereinafter
provided.
20
57. SUPPLIES, EQUIPMENT, AND INCIDENTALS. The City and Contractor agree that the
Contractor shall furnish any and all supplies, equipment, and incidentals necessary for
Contractor's performance of this Contract.
58. TERMINATION WITHOUT CAUSE BY CITY. The City reserves the right at its sole
discretion to terminate this Contract at will immediately without cause at any time
within the term of this Contract. In the event of such termination, the City shall
provide Contractor written notice of termination and upon receipt of same, Contractor
shall immediately cease and desist Contractor's provision of services under this
Contract and City shall have no further obligation under this Contract to pay any
further compensation to Contractor except for compensation due and owing for
services prior to Contractor's receipt of the written notice of termination.
59. INDEPENDENT CONTRACTOR. City and Contractor agree that Contractor, while
engaged in carrying out and complying with the terms and conditions of this Contract
and the provision of services thereunder, shall be considered at all times an
independent contractor and not an officer, employee, or agent of the City. City and
Contractor further agree that Contractor shall not at any time or in any manner
represent that Contractor or any of the Contractor's agents or employees are in any
manner agents or employees of the City. City and Contractor further agree that
Contractor shall be exclusively responsible under this Contract for Contractor's own
FICA payment, workers compensation payments, unemployment compensation
payments, withholding amounts, and/or self-employment taxes or other taxes if any
such payments, amounts, or taxes are required to be paid by law or regulations.
60. WRITTEN NOTICE OR OTHER CORRESPONDENCE. Any written notice or other
correspondence to be provided by or between the City and the Contractor in
accordance with this Contract shall be hand delivered or mailed by registered or
certified mail to the following address:
CITY: City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
CONTRACTOR: FBG Service Corporation
105 Old Hwy 8, Suite #4
New Brighton, MN 55112
61. WAIVER OF DEFAULT. Any waiver by City of a default under the provisions of this
Contract by Contractor shall not operate or be construed as a waiver of a subsequent
default by the Contractor. No waiver shall be valid unless in writing and signed by the
Mayor and the City Administrator on behalf of the City.
62. NO ASSIGNMENT OR SUBCONTRACTING. The City and Contractor agree that the
services to be rendered by the Contractor under this Contract are unique and
21
personal. Accordingly, the Contractor may not assign or subcontract out any of the
Contractor's rights or any of the Contractor's duties or obligations under this Contract.
63. INVALIDITY OF PROVISIONS. If any term or provision of this Contract or any
application hereof to any person or circumstances, shall to any extent be invalid or
unenforceable, the remainder of this Contract or the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable shall not be effected hereby and each term and provision of this
Contract shall be valid and be enforced to the fullest extent permitted by law.
64. 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.
65. WARRANTY. The Contractor shall be held responsible for any and all defects in
workmanship, materials, and equipment which may develop in any part of the
contracted service, and upon proper notification by the City shall immediately replace,
without cost to the City, any such faulty part or parts and damage done by reason of the
same in accordance with the bid specifications.
66. CHANGE ORDERS. Without invalidating the Contract, the City may, at any time or
from time to time, order additions, deletions, or revisions in the Work, these will be
authorized by Change Orders. Upon receipt of a Change Order, the Contractor shall
proceed with the work involved. Changes in the Contract Price shall be based on the
Bid Prices
67. ENTIRE AGREEMENT. This instrument herein contains the entire and only agreement
between the parties and no oral statement or representation or prior written matter
not contained in this instrument shall have any force and effect. This Contract shall
not be modified in any way except by writing executed by both parties.
68. DISCRIMINATION. Contractor agrees to comply with Minnesota Statute 181.59 that
states:
Subsection A. That, in the hiring of common or skilled labor for the performance of
any work under any contract, or any subcontract, no contractor, material Contractor or
vendor, shall, by reason of race, creed, or color, discriminate against the person or
persons who are citizens of the United States or resident aliens who are qualified and
available to perform the work to which the employment relates;
Subsection B. That no contractor, material Contractor, or vendor, shall, in any manner,
discriminate against, or intimidate, or prevent the employment of any person or
persons identified in clause (1) of this section, or on being hired, prevent, or conspire
22
to prevent the person or persons from the performance of vvork under any contract on
account of race, creed, or color;
Subsection C. That a violation of this section is a misdemeanor; and
Subsection D. That this contract may be canceled or terminated by the state, county,
city, town, school board, or any other person authorized to grant the contracts for
employment, and all money due, or to become due under the contract, may be
forfeited for a second or any subsequent violation of the terms or conditions of this
contract.
69. BACKGROUND CHECKS. The City may require criminal history background checks of
the Contractor's employee's for purposes of access to City facilities. The City reserves
the right to deny access to City facilities to those Contractors or Contractor's
employees that it deems inappropriate.
CITY OF LAKEVILLE
BY:
Matt Little, Mayor
AND:
Charlene Friedges, City Clerk
CONTRACTOR: FBG Service Corporation
BY:
Its
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2015, by Matt Little and by Charlene Friedges, respectively the Mayor and the
City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
23
STATE OF )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
. 2015, by the
of
corporation, on behalf of the corporation.
NOTARY PUBLIC
24
day of
a