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Home My WebLink AboutItem 06.e4 February 16, 2010 I Item No. '- APPROVE CONTRACT WITH RENT -N -SAVE PORTABLE SERVICES TO PROVIDE AND SERVICE PORTABLE RESTROOMS Proposed Action Staff recommends adoption of the following motion: Move to Approve Contract with Rent -N -Save Portable Services to provide and service portable restrooms. Overview In February 2008, City staff obtained quotes to provide and service portable restroom facilities for a two year contract commencing April 1, 2008 through March 31, 2010. Four companies submitted quotes for the services with Rent -N -Save Portable Services submitting the lowest quote. The Contract included the right to extend the Contract for additional years under the initial conditions of the two year Contract. At this time, both parties have agreed to renew the Contract for an additional two years (April 1, 2010 through March 31, 2012) with no changes in unit pricing. Primary Issues to Consider • Is Rent -N -Save Portable Services a reputable company? Supporting Information • Contract between the City of Lakeville and Rent -N -Save Portable Services including Quote dated November 18, 2009. Hennen Maintenance & Operations Mgr Financial Impact: $16.700.00/YR Budgeted: Y/N Y Source: Park Maint. Gen Fund Related Documents (CIP, ERP, etc.): Notes: CONTRACT TO PROVIDE AND SERVICE PORTABLE RESTROOMS AGREEMENT made this 16th day of February, 2010, between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"), and RENT -N -SAVE, a corporation organized and existing under the laws of the State of Minnesota ("Contractor"). RECITALS: The City of Lakeville received competitive bids to provide and service portable restrooms in 2008. Rent -N -Save Portable Services was the successful lowest responsible bidder. A Contract to provide and service portable restrooms was approved on March 17, 2008. Both parties have agreed to renew the Contract with no changes in unit pricing for two additional years pursuant to Section 8 of the Contract. IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: 1. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide and service portable restrooms in accordance with this Contract and Quote dated November 18, 2009 attached as Exhibit A. 2. OBLIGATIONS OF THE CITY. The City shall pay the Contractor in accordance with the Quote. 3. 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. 4. TIME OF PERFORMANCE. The Contractor shall complete its obligations from April 1, 2010 thru March 31, 2012. The City reserves the right to extend the Contract for additional years under the initial conditions of the two-year Contract. 5. PAYMENT. The City will pay the Contractor within forty-five (45) days of receiving an invoice for work performed. 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 1 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. 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 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. 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. 3 RENT -N -SAVE BY: (An authorized signature) 4 CITY OF LAKEVILLE m Holly Dahl, Mayor Charlene Friedges, City Clerk ._en Exhibit A _r ff . ,ave Portable Services No PtbertDg is too 1"ge or too smvll - We bmdle them vII City of Lakeville Attn: Mark Kruse 20195 Holyoke Avenue Lakeville, MN 55044 11/18/2009 Re: Pricing for two year contract starting 4/1/10 — 3/31/12 on portable rest rooms No change in pricing from the last 2 year contract Mark, Thanks for the phone call today, it was nice visiting with you. This is the same pricing as our last bid and would like to work with the City of Lakeville again this year. 1. Regular portable rest rooms with 1 x a week service $ 46.50 per unit per month 2. ADA Handicap portable rest rooms with lx a week service $115.00 per unit per month (Monthly rate is prorated after the first month charge) 3. All units are equipped with hand sanitizers No additional charge 4. Delivery and pick up charges of all units N/C 5. Servicing of units each week includes: Pumping of unit, restocking tank with chemicals, restocking toilet paper, powering washing/wiping down unit, urinal cake replaced in urinal, signing service sticker Twice a week service to units is $6.00 per unit per additional service 6. We stake and or chain all units N/C 7. Damage Wavier per unit per month (regular units) N/C Damage Wavier per unit per month (ADA units) N/C 8. Special cleaning of units (1 or 2 units only — flat fee) $25.00 per service Special cleaning of units (3 or more) $12.50 per unit Tipovers $12.50 per unit (Week days and week ends are the same price) FYI: In 2009 you had approximately 25 tip overs and we did not charge you for them Austin Faribault Mankato 507-433-9172 507-334-8440 800-657-4886 866-335-0033 800-657-4886 504 Wilson Ave. Faribault, MN 55021 Northfield Owatonna Twin Cities Waseca 507-645-4958 507-455-0000 651-452-7804 507-835-5055 866443-0044 866-966-0066 866446-0044 Rent'Nil ave Portable services No 9Ae-r!D9 is too 1"ge or too smvll — We bmdte tbew PU 9.Special event pricing for regular units Same pricing as above 10. Graffiti removal N/C Repairs can be done to units at our cost. (We will replace with another unit and do repairs at our site) 11. All servicing can be done on the days requested by the City of Lakeville (In the past it has been Mondays and Tuesday, after use from the week -ends) 12. Delivery and pick up of units can be done within 24 hours as we are thru and or in Lakeville several days a week. (Delivery and pickups are at No Charge) Again, thanks for the opportunity to continue to do business with your city. We look forward to hearing from you. Please call with any questions or concerns that you might have. Sincerely, Leah Budde Rent N' Save Portable Services Austin Faribault Mankato Northfield Owatonna Twin Cities Waseca 507-433-9172 507-334-8440 800-657-4886 507-645-4958 507-455-0000 651-452-7804 507-835-5055 866-335-0033 800-657-4886 866-443-0044 866-966-0066 866-446-0044 504 Wilson Ave. Faribaul, MN 55021