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HomeMy WebLinkAboutItem 06.mOctober 18, 2010 Proposed Action Staff recommends adoption of the following motion: Move to approve Snow Plowing Contract with Aspen Ride Lawn Maintenance Inc. 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 Aspen Ridge Lawn Maintenance, Inc. for snow removal purposes. Overview City staff recently accepted proposals for snow removal at three City facilities for the 2010 -2012 snow seasons which is November 1 through March 31. Three companies submitted proposals with Aspen Ridge Lawn Maintenance, Inc. submitting the lowest proposal at $637.40/month for the Lakeville Area Arts Center, $624.00/month for the Galaxie Liquor Store and $410.00/month for the Kenrick Liquor Store. Staff is recommending that the Mayor and City Clerk execute the attached Snow Plowing Contract with Aspen Ridge Lawn Maintenance, Inc. A Certificate of Insurance has also been submitted. Primary Issues to Consider APPROVAL OF SNOW PLOWING CONTRACT WITH ASPEN RIDGE LAWN MAINTENANCE, INC. FOR 2010 -2012 WINTER SEASONS Item No. • Aspen Ridge Lawn Maintenance, Inc. has satisfactorily performed snow plowing services for the City of Lakeville in previous years. Supporting Information • Copy of Snow Plowing Contract with Aspen Ridge Lawn Maintenance, Inc. for the 2010 -2012 snow seasons. Jo hn Hennen rk Maintenance & Operations Manager Financial Impact: $8,357.00/season Budgeted: YIN Y Source: Liquor Ops /Park Fund Related Documents (CIP, ERP, etc.): Notes: A. This Agreement AGREEMENT CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AGREEMENT made this 18th day of October, 2010, between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and Aspen Ridge Lawn Maintenance, Inc., 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: B. Request for Proposal Snow Removal 2010 -2012 C. Proposal dated August 12 and September 27, 2010 submitted by Aspen Ridge Lawn Maintenance, Inc. 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 shall pay the Contractor in accordance with the Request for Proposal. 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, 2010 thru March 31, 2011 and November 1, 2011 thru March 31, 2012. 6. PAYMENT. The City will pay the Contractor $637.40 per month for the Lakeville Area Arts Center, $624.00 per month for Lakeville Liquor Galaxie and $410.00 per month for Lakeville Liquor Kenrick within thirty (30) days of receiving an invoice for work performed. 1 7. 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 X12 %) 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. 8. 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. 9. 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: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 10. 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. 11. 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. 12. 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. 13. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract. 14. 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. 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. 3 ASPEN RIDGE LAWN MAINTENANCE, INC. CITY OF LAKEVILLE BY: 11 L N A�iivDr4/// VP /s, /E-s /k /) L),(? ?Ai (An authorized signature) 4 BY: BY: Holly Dahl, Mayor Charlene Friedges, City Clerk September 23, 2010 City of Lakeville Request for Proposal Snow Removal 2010 -2012 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, 2010 — March 31, 2011, and November 1, 2011 — March 31, 2012. ® 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. A 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. 4 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. o All snow will be piled on grounds. O Any additional fees for push -backs must be included in the proposal. G :\Maintenance \Word- Excel1OUTSIDE CONTRACTSISNOW PLOWING\Request for Proposal - Liquor Stores &ArtsClr.doc • 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. o Walks must be shoveled prior to 8 :00 AM at the Liquor Stores and by 7:00 AM at the Lakeville Area Arts Center. o 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 shoveling is required and no salt shall be applied. Attachments: See attached map for Lakeville Area Arts Center parking Tots (A&B) and sidewalks that are to be included in quote. Proposals: All proposals must be received no later than 4:00 PM on Friday, October 1 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: \Maintenance \Word- Exce11OUTSIDE CONTRACTS\SNOW PLOWING\Request for Proposal- Liquor Stores&ArtsCir.doc Print Preview Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Mao Scale 1 inch = 70 feet Page 1 of 1 http: / /gis.co. dakota. mn. us / website / dakotanetgis /printPreview.aspx ?PrintOptData= Dakota County, MNI010Itr... 9/15/2010 This Contract is between Aspen Ridge Lawn Maintenance, Inc. (Aspen Ridge) PO Box 49, Rosemount, MN 55068 and City of Lakeville located at 20965 Holyoke Avenue, Lakeville, MN 55044. 1. This Contract covers all services included in this proposal as well as the specifications provided for this property. The contract price is based upon the grounds at the time of contract signing. Any changes to the grounds, including landscape changes are subject to price changes by the contractor. The term of this contract shall be for 2 periods of 5 months, commencing on November 1. 2010, and terminating on March 31. 2012. 5. Aspen Ridge has the first right of refusal for all damage repairs both summer and winter. 6. Aspen Ridge Lawn Maintenance is fully insured for liability and bodily injury. 7. Either party may cancel this contract by servicing a thirty (30) day written notice (notification to be mailed to address listed herein) of intention to terminate the contract. Accepted by: Aspen Ridge Lawn Maintenance Aspen Ridge Lawn Mainten nce Aril 4.6— P Ves.-LL 1 3. Client shall pay Aspen Ridge the sum of $3,187.00 annually. Payment shall be made in 5 equal installments of $637.40 per month starting on the 1 of November 2010 and on the 1 of November 2011 and the 1 of every month thereafter. 4. Aspen Ridge will be responsible to only one contact person for instruction. The person named is , contact phone number ( 56°, a 7- 2 o/0 Date Client Date This Contract is between Aspen Ridge Lawn Maintenance, Inc. (Aspen Ridge) PO Box 49, Rosemount, MN 55068 and City of Lakeville located at 16000 Galaxie Avenue, Lakeville, MN 55044. 1. This Contract covers all services included in this proposal as well as the specifications provided for this property. The contract price is based upon the grounds at the time of contract signing. Any changes to the grounds, including landscape changes are subject to price changes by the contractor. 2. The term of this contract shall be for 2 periods of .5 months, commencing on November 1, 2010, and terminating on March 31. 2012. 3. Client shall pay Aspen Ridge the sum of $3.120.00 annually. Payment shall be made in 5 equal installments of $624.00 per month starting on the 1 of November 2010 and on the 1 of November 2011 and the 1 of every month thereafter. 4. Aspen Ridge will be responsible to only one contact person for instruction. The person named is , contact phone number ( ) 5. Aspen Ridge has the first right of refusal for alI damage repairs both summer and winter. 6. Aspen Ridge Lawn Maintenance is fully insured for liability and bodily injury. 7. Either party may cancel this contract by servicing a thirty (30) day written notice (notification to be mailed to address listed herein) of intention to terminate the contract. Accepted by: Aspen Ridge Lawn Maintenance Aspen Ridge Lawn Maintenance /4 I � t� d J p -5- Wifkliffetieftee-e8.14Fliet `/% /& Date Client Date Accepted by: seen Ridge Ridge Lawn Maintenance Aspen Ridge Lawn Maintenance L.t�l✓= Lryrc��M� ! l/l'p�•/1 cAlf This Contract is between Aspen Ridge Lawn Maintenance, Inc. (Aspen Ridge) PO Box 49, Rosemount, MN 55068 and City of Lakeville located at 161719 Kenrick Avenue Lakeville, MN 55044. 1. This Contract covers all services included in this proposal as well as the specifications provided for this property. The contract price is based upon the grounds at the time of contract signing. Any changes to the grounds, including landscape changes are subject to price changes by the contractor. The term of this contract shall be for 2 periods of 5 months, commencing on November 1, 2010, and terminating on March 31. 2012. 3. Client shall pay Aspen Ridge the sum of $2,050.00. Payment shall be made in 5 equal installments of S410.00 per month starting on the 1 S ` of November 2010 and on the 1 s ` of November 2011 and the 1st of every month thereafter. 4. Aspen Ridge will be responsible to only one contact person for instruction. The person named is , contact phone number ( 5. Aspen Ridge has the first right of refusal for all damage repairs both summer and winter. 6. Aspen Ridge Lawn Maintenance is fully insured for liability and bodily injury. 7. Either party may cancel this contract by servicing a thirty (30) day written notice (notification to be mailed to address listed herein) of intention to terminate the contract. Date Client Date