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Home My WebLink About6.f. Professional Services Agreement for Snowplowing ROSEMOUNT EXECUTIVE M SU MARY CITY COUNCIL City Council Meeting: November 20, 2012 AGENDA ITEM: Professional Services Agreement for AGENDA SECTION: Snowplowing Consent PREPARED BY: Andrew J. Brotzler, PE, Director of Public AGENDA NO. Works / City Engineer J ATTACHMENTS: Agreement APPROVED BY: ozd RECOMMENDED ACTION: Motion to Approve the Professional Services Agreement with Kaufman Enterprises, Inc. for Snowplowing and Authorize the Necessary Signatures BACKGROUND For several years,the City has obtained an outside contractor for snowplowing services at the Rosemount Community Center. Two years ago,when the Dakota County Library and Steeple Center opened,the contracted services were expanded to include those two locations as well. Two years ago,in the middle of the 4`h snowiest winter on record,the existing contractor experienced equipment failures which prevented them from completing the snowplowing services to meet our standards. At that time, a new contractor(Kaufman Enterprises,Inc.) was informally chosen to replace the previous contractor and finish the season as the City's snowplowing contractor. This informal arrangement continued through last winter season. In an effort to maintain a more formal procedure for coordinating our contracted services,Public Works staff has initiated a Professional Services Agreement with Kaufman Enterprises,Inc.for the upcoming 2012-2013 winter season. This Agreement has been reviewed and signed by the Contractor. SUMMARY Staff is recommending Council approval and execution of the Professional Services Agreement with Kaufman Enterprises,Inc. G:\Public Works\Snow Plowing\20121120 CC Plowing Contract-Kaufman.docx PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made between the CITY of ROSEMOUNT ("City"), a Minnesota municipal corporation, and KAUFI' -\N ENTERPRISES, I C. (the "Contractor"), for snow and ice control services, effective this /3f" day of NOW Ill hid/ ,2012. I. SCOPE OF AGREEMENT Contractor agrees to perform services for the City as described on ATTACHMENT ONE, which is attached to and made a part of this Agreement. II. COMPENSATION The City will compensate Contractor for all services performed under this Agreement. Contractor shall submit itemized invoices for services rendered in amounts indicated in ATTACHMENT TWO, which is attached to and made a part of this Agreement. Payments will be made by the City according to the current City pay schedule. III. TERM This Agreement is effective as of the date indicated above and will remain in effect for the duration of.the 2012-2013 winter season. This Agreement and its terms will be automatically renewed prior to each new winter season unless either party terminates or re-negotiates the Agreement. The City may terminate this Agreement at any time for any reason upon 30 days written notice to Contractor. IV. ASSIGNMENT Contractor may not assign this contract without first obtaining the express written consent of the City. V. AMENDMENTS No amendments may be made to this Agreement except in writing signed by both parties. VI. INDEPENDENT CONTRACTOR Contractor and its employees are not employees of the City. It is agreed that the Contractor and its employees will act as an independent contractor and acquire no rights to tenure, workers' compensation benefits, unemployment compensation benefits, medical and hospital benefits, sick and vacation leave, severance pay, pension benefits or other rights or benefits offered to employees of the City, its departments or agencies. Nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by Contractor. The parties agree that the Contractor and its employees will not act as the agent,representative or employee of the City. G:\Public Works\Snow Plowing\2012-2013\2012-2013 Plowing Contract-Kaufman.docx VII. INSURANCE Contractor will maintain adequate insurance to protect him/herself and the City from claims and liability for all works performed by Contractor and its respective employees or agents under this Agreement. VIII. INDEMNIFICATION Contractor will hold harmless and indemnify the City,its officers,employees,and agents,against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising out of any bodily injury, loss of life, property damages and any other damages related to Contractor's performance under this Agreement. IX. DATA PRACTICES Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor will immediately report to the City any requests from third parties for information relating to this Agreement. The City agrees to respond promptly to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. X. COMPLIANCE WITH THE LAW Contractor agrees to abide by the requirements of all applicable federal and state laws relating to discrimination and harassment, including but not limited to The Americans with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act, and Title VII of the Civil Rights Act of 1964. Violation of any such laws can lead to termination of this Agreement. XI. AUDITS Contractor agrees that the City, the State Auditor or any of their duly authorized representatives, at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine,audit, excerpt and transcribe any books, documents, papers, and records that are relevant and involve transactions relating to this Agreement. XII. APPLICABLE LAW The execution,interpretation, and performance of this Agreement will,in all respects, be controlled and governed by the laws of Minnesota. G:\Public Works\Snow Plowing\2012-2013\2012-2013 Plowing Contract-Kaufman.docx • XIII. CONFLICT AND PRIORITY In the event that a material conflict is found between provisions in this Agreement,the Contractor's Proposal, if any, or the City's Request for Proposals, if any, the provisions in the following rank order shall take precedence: 1) Agreement;2) Proposal;and last 3) Request for Proposals. XIV. CANCELLATION BY CONTRACTOR The Contractor may cancel this Agreement upon 30 days written notice if the City fails to fulfill its obligations under this Agreement in a proper and timely manner. XV. NOTICES Any notice or demand authorized or required under this Agreement shall be in writing and shall be sent by certified mail to the other party as follows: To the Contractor: Nancy Ahern 3401 Highway 55 Eagan,MN 55121 To the City: Public Works Supervisor 2875 145th Street West Rosemount,MN 55068 G:\Public Works\Snow Plowing\2012-2013\2012-2013 Plowing Contract-Kaufman.docx IN WITNESS WHEREOF, the parties have executed this Agreement on this / Sf day of , 2012. FOR THE CONTRACTOR: FOR THE CITY: By JAL/AL 4 1 > By William H. Droste,Mayor Its JThi. ! /I By " I A 611/40,8derao j,,,,, Amy Domeier, City Clerk i G:\Public Works\Snow Plowing\2012-2013\2012-2013 Plowing Contract-Kaufman.docx ATTACHMENT ONE The Contractor shall perform snow and ice control operations for all locations according to the guidelines set forth below: Rosemount Community Center— 13885 South Robert Trail Plowing and shoveling shall be completed for any snow accumulation exceeding two (2) inches. Plowing and shoveling is to be completed by 6:00 a.m. or sooner,if feasible with timing of snowfall. The Contractor shall begin plowing in the southwest corner lot, then work to the east and north. Contractor is not responsible for ice control (salting) at this location,unless requested by the Public Works Supervisor. Community Center staff is responsible for salting sidewalks. Public Works staff is responsible for salting parking lots and driveways. Robert Trail Library— 14395 South Robert Trail Plowing and shoveling shall be completed for any snow accumulation exceeding one (1) inch. Plowing and shoveling is to be completed by 7:00 a.m. or sooner,if feasible with timing of snowfall. The Contractor will treat drives,lots, steps and walkways with ice control products as necessary while performing snow removal services. Steeple Center— 14375 South Robert Trail Plowing and shoveling shall be completed for any snow accumulation exceeding one (1) inch. Plowing and shoveling is to be completed by 3:00 p.m. or sooner,if feasible with timing of the snowfall, or earlier if required by the event schedule provided by the City. The Contractor will treat drives,lots, steps and walkways with ice control products as necessary while performing snow removal services. G:\Public Works\Snow Plowing\2012-2013\2012-2013 Plowing Contract-Kaufman.docx ATTACHMENT TWO it Kaufman Enterprises, Inc. °; 3401 Highway 55 www.kaufmanent.com Eagan, MN 55121 kei @kaufmanent.com P 651-528-8700 F 651-528-8807 September 24, 2012 City of Rosemount 2875 145th Street Rosemount, MN 55068 % James Koslowski Snow Operations at Robert Trail Library— 14395 South Robert Trail Plowing is to be completed by 7:00 a.m., if feasible with timing of snowfall. Snow plowing will be completed for all snowfall of 1" or more accumulation. 1" and over snowfalls $89.00 per hour Loader Work $129.00 per hour Truck charge for spreading salt sand $39.00 per time (materials are extra) Sidewalk shoveling $71.00 per hour + Materials Snow hauling and stacking are available on a per hour basis. Customer is responsible for ice accumulation on drives, lots, steps and walkways caused by drainage, freezing rain or freeze/thaw and agrees to defend and hold harmless Kaufman Enterprises, Inc for any and all trespasses or suits that may arise as a result of these naturally occurring conditions. Contractor will treat areas upon notification of customer or when contractor feels it is necessary while performing snow service. Prices apply to the 2012-2013 snow season. Customer Signature Contractor Signature **Fuel adjustment charges will be necessary when fuel is above$3.00 per gallon** Kaufman Enterprises, Inc. `� p� „j.id 3401 Highway 55 ��''' 1 www.kaufmanent.com Eagan, MN 55121 kei @kaufmanent.com P 651-528-8700 F 651-528-8807 September 24, 2012 City of Rosemount Steeple Center 2875 145th Street Rosemount, MN 55068 % James Koslowski Snow Operations at Steeple Center— 14375 South Robert Trail Plowing is to be completed by 3:00 PM or as per schedule, if feasible with timing of snowfall. Snow plowing and shoveling will be completed for all snowfall of 1" or more accumulation. Plow trucks with 8' plows $89.00 per hour Loader Work $129.00 per hour Truck charge for spreading salt sand $39.00 per time (materials are extra) Shoveling $71.00 per hour + ice melt Snow hauling and stacking are available on a per hour basis. Customer is responsible for ice accumulation on drives, lots, steps and walkways caused by drainage, freezing rain or freeze/thaw and agrees to defend and hold harmless Kaufman Enterprises, Inc for any and all trespasses or suits that may arise as a result of these naturally occurring conditions. Contractor will treat areas upon notification of customer or when contractor feels it is necessary while performing snow service. Prices apply to the 2012-2013 snow season. Customer Signature Contractor Signature ,Ft **Fuel adjustment charges will be necessary when fuel is above$3.00 per gallon** t Kaufman Enterprises, Inc. 0 0 3401 Highway 55 www.kaufmanent.com Eagan, MN 55121 kei @kaufmanent.com P 651-528-8700 F 651-528-8807 September 24, 2012 City of Rosemount Community Center 2875 145th Street Rosemount, MN 55068 % James Koslowski Snow Operations at Rosemount Community Center— 13885 South Robert Trail Plowing is to be completed by 6:00 AM or earlier, if feasible with timing of snowfall. Snow plowing and shoveling will be completed for all snowfall of 2" or more accumulation. To start in the SW corner lot and then east to north. Plow trucks with 8' plows $89.00 per hour Loader Work $129.00 per hour Truck charge for spreading salt sand $45-$65 per time (materials are extra) (City will take care of salting the lot) Shoveling ( No daytime shoveling) $71.00 per hour (Center will take care of Ice melt) Snow hauling and stacking are available on a per hour basis. Customer is responsible for ice accumulation on drives, lots, steps and walkways caused by drainage, freezing rain or freeze/thaw and agrees to defend and hold harmless Kaufman Enterprises, Inc for any and all trespasses or suits that may arise as a result of these naturally occurring conditions. Contractor will treat areas upon notification of customer or when contractor feels it is necessary while performing snow service. Prices apply to the 2012-2013 snow season. Customer Signature Contractor Signature 10. L . A A . ., **Fuel adjustment charges will be necessary when fuel is above$3.00 per gallon**