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HomeMy WebLinkAboutUntitled CITY OF OAK PARK HEIGHTS AGREEMENT FOR ROADWAY SNOW REMOVAL AND SANDING Snowplowing Season: Approx. October 2012 through April 2013 1. PURPOSE/INTENT A. Roadway Sanding and Snowplowing The purpose of this agreement provides the City of Oak Park Heights(hereinafter City)and M.J. Raleigh Trucking,Inc. (hereinafter called Contractor)with a mutually acceptable agreement to provide planned and emergency scheduled roadway sanding and snowplowing operations on local City streets and roadways within the City of Oak Park Heights,Minnesota. B. Routes "A" Priority Routes identify high priority roads and slopes of concern"13"Priority Routes;`B" identifies all other streets and areas.All routes become the Contractor's responsibility for sanding and snowplowing operations under the terms and conditions of this agreement.(Routes are depicted in"Exhibit A" as attached. "A"and"B"routes are provided only as a reference to the location and approximate scope of the services required under this agreement.) The City reserves the right to expand,decrease or modifies the designated routes without prior written notice to the Contractor and without affecting any condition or provision contained within this agreement, including rates or compensation.Additional services shall be based on established rates. C. Administration This agreement shall be entered into with the City of Oak Park Heights,administered by the Public Works Director and under the direct operational supervision of the Public Works Director or his assigns. D. Roadway Sanding and Snowplowing Policies (1)The City's policy requires the sanding of all local streets, roads and cul-de-sacs whenever weather conditions make driving conditions hazardous. Sanding will be required during storms to maintain passable roadways and safe intersections.Following winter storms sanding operations will be coordinated with snowplowing operations. (2)The City's snow removal policy requires the removal of snow from face of curb(F-F)of ALL local streets,roads and cul-de-sacs after the accumulation of two(2)or more inches of snow.All Routes are to be completed within approximately 8 hours of notification. "A" routes are always a priority and also shall be completed by 6:00 a.m. following an overnight storm.Per City Ordinance,no parking is allowed on public streets between 1:00 a.m. and 6:00 a.m. (3)Cul-de-sac snow removal will be by"wasting"to all properties within the cul-de-sac and leading to the cul-de-sac. Stock piling for later removal will only be performed under the direction of the City,when snowfall conditions are extreme. Page 1 of 11 2012-2013 Snowplowing Contract (4)Sanding operations shall normally utilize a minimum of 15%salt/sand mixture. E. Scope of Operations The Contractor shall provide a minimum of one(I)piece of equipment to perform the entire sanding operation. Minimum equipment required is a single axle dump truck with a 5 yard capacity sand spreader.Additional pieces of appropriate equipment may be used by the Contractor for any or all sanding operations with prior written approval of the City. The must Contractor provide a minimum of two(2)pieces of equipment to perform the entire snow removal operation. Wheel loader type equipment is preferred for"wasting" snow on cul-de- sacs.Additional pieces of equipment appropriate for each Route shall be used by the Contractor for any or all snow removal operations with prior written approval of the City. In all cases the Contractor shall provide adequate equipment to meet the specific scope and parameters as stated in this agreement including completing full snow removal within the 8-hour requirement. 2. LENGTH OF AGREEMENT A. This agreement shall be a singular annual agreement limited to the snow removal season commencing October 2012 through April 2013 inclusive. The Contractor shall be prepared for snow events during these months. B. This agreement may be terminated for good cause, including failure to perform in accordance with paragraphs agreement,by the City during the agreement period,subject to written notice being delivered by registered mail sent to the Contractor at the address referenced on the Proposal form. C. The City does not guarantee a minimum number of work hours for any sanding or plowing operation or duration of the agreement. 3. EQUIPMENT A. Dump Truck Trucks shall be a minimum single-axle,dual rear wheel drive,26,000 G.V.W.vehicle equipped with a minimum 5 yard capacity sander and a front-end plow with a minimum length of 10.0'. If the optional wing plow is used, it shall have a combined moldboard width of 18.0'. B. Wheel Loader Wheel loaders shall be a rubber tired, articulated type having all-wheel drive and powered by an engine with a manufacturer's rating of at least 95 brake horsepower. It shall be equipped with a front bucket with a minimum of 2.5 cubic yards or a plow with a minimum width of 10.0 feet.An optional wing plow shall be equipped with "floating" down pressure. Page 2 of 11 2012-2013 Snowplowing Contract C. Motor Grader Motor graders shall be an articulated type with a minimum 4-wheel drive powered by an engine with a minimum manufacturer's rating of at least 125 horsepower. It shall be hydraulically operated with a moldboard of 14.0'in length. If used in conjunction with the optional wing plow, it shall have a combined minimum width of 21.0'. D. Accessories&Safety Equipment All vehicles shall be properly equipped and outfitted to meet all local, county, state or federal laws required for on-the-road emergency snow removal operations. They shall provide the operator with full visibility in all directions and shall have a back-up warning system. The operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow the efficient and safe operation of that vehicle. The City reserves the right to reject at any time, without notice to the Contractor,any vehicle that does not appear to comply with all rules or regulations required for over-the-road snow removal operations.Rejection of vehicle acceptability will also take into consideration the condition and limitations of operation of the vehicle or its accessory equipment. E. Vehicle Designation/Replacements Upon request,the Contractor shall provide to the City a copy of their certificate of title which includes the vehicle identification number(if available)and license plate number to the City within ten days of the request.After inspection by the City,those vehicles acceptable for performance under this contract will be verified by the City. Except for emergencies, any planned substitution or replacement of previously approved equipment shall require prior written approval by City. the Cit Y 4. OPERATION&MAINTENANCE A. Operator The Contractor shall ensure that the operator provided with each piece of equipment is fully trained and properly licensed with the State of Minnesota to operate the bid vehicle or any anticipated replacement. The Contractor shall make every effort possible to ensure that the same operators perform the sanding and plowing operations during the length of the agreement. B. Parts&Fuel The hourly rates contained herein shall cover all costs,all operation and maintenance expenses including but not limited to fuel, lubricants,supplies and support services,taxes, surcharges, etc. It shall also include depreciation on the vehicle and related equipment including the repair, maintenance and replacement of all materials and supplies including cutting edges and tire chain cross links. It shall also include all labor,tools and equipment necessary for making any and all repairs or replacements which may be necessary to keep and maintain the machine and all parts thereof in proper and safe working order and serviceable repair. Page 3 of 11 2012-2013 Snowplowing Contract C. Storage The Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection/shelter/storage for both the vehicle and operator. 5. HOURLY RATES A. Operators All hourly rates quoted shall include full operation by a qualified operator. B. Quantities All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.25 (quarter) hour. C. Premium/Overtime No premium calculation or additional adjustment shall be given to the rates quotes for any hours P adjustment g worked regardless of day, date,time of day or consecutive hours worked in any given sanding operation or calendar week unless specifically provided for in the agreement under Section 7C. D. Nonproductive/Downtime The hourly rate shall be paid for the actual number of hours the machine is operated under the direction of the City.The City shall not be responsible for payment for any time taken for rest or meal breaks. However,the City will recognize payment for routine maintenance and emergency repairs or adjustments necessary to keep the machine properly operating.However,limited accumulated delay time for which payment will be made shall not exceed ten(10.0)percent of the actual working time required for any single snow event. This allowance shall be provided for only those pieces of equipment previously approved by the City for required sanding and snowplowing operations under this agreement. 6. PERFORMANCE REQUIREMENTS A. Personnel The Contractor shall provide the City with the name,address and active cellular telephone number(s)for at least two designated contact personnel responsible for insuring response to the City's request for services. The Contractor shall ensure that at least one of the contact persons is available and accessible 24 hours per day,seven days per week. B. Response Time The Contractor shall be able to respond and begin sanding operations within one(1)hour and no later than three(3)hours from the start time requested by the City for any given sanding or plowing request. The Contractor shall be able to respond and begin snow removal operations within two(2)hours and no later than four(4)hours from the start time requested by the City for any given snow removal request. The Contractor shall ensure that the equipment and operator are ready and able Page 4 of 11 2012-2013 Snowplowing Contract to continuously provide snow removal services through the completion of the routes designated in the attached exhibits as directed by and to the satisfaction of the City. In all cases,the Contractor shall ensure that the equipment and operator are ready and able to continuously provide services rvices through the f t he r ou t es designated in the attached exhibits and as directed by and to the satisfaction of the City.The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break.The contractor is responsible for providing replacement personnel if operations require more than 16 consecutive hours of operation.The 16 consecutive hours shall include all operations by the equipment operator,whenever under the City contract, operations under other contracts held by the Contractor, or by other employees of the operator. C. Down Time • The Contractor shall ensure that all equipment provided is maintained in a proper manner and condition to minimize required maintenance or emergency repairs during the performance of sanding operations. If,once commencing a sanding operation,a piece of equipment becomes disabled and non-functioning for a period of three(3)consecutive hours,the Contractor shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City.The Contractor shall immediately notify the City if it cannot meet the requirements of this agreement due to disabled equipment or for any other reason. D. Communications The Contractor will maintain communications with the City through cellular phones at no cost to the City.The Contractor shall ensure that the operator maintains full availability for communication at all times during the operations. The Contract will maintain continuous communications with their operators such that directions from the City can be passed to the operators in a timely fashion. E. Authority/Direction The Contractor and his designated operators shall respond to all directions given by the City in a positive, courteous and timely manner during the sanding and snow removal operations.The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence or insubordination or inability of the piece of equipment to function properly for the requested services. The Contractor shall begin the sanding and snow removal operations at a designated point and follow a specific progression as direction by the City. F. Law Obedience The Contractor and his designated operator shall be responsible for their actions and compliance with all regulatory laws and ordinances governing the operation of the machine while performing sanding operations for the City. Page 5 of 11 2012-2013 Snowplowing Contract G. Performance Bond or Cash Deposit The Contractor shall provide and maintain a performance bond or cash deposit in a manner acceptable to the City in the amount of$5,000 for the duration of this agreement. The City shall not file against or use this performance bond or cash deposit for any issue or matter not relating to nonperformance or noncompliance with this agreement. H. Non Performance The Contractor shall waive any and all objections,rights to objections and claims for additional compensation,damages or loss of revenue resulting from work performed by the City either prior to,during or after any scheduled or emergency operation in lieu of these contractual services as may be necessary due to non performance or excessive delays of the Contractor. I. Property Damage The Contractor shall be responsible for any and all damages to private as well as public property (including public utilities)due to its own or its employee's negligence in performing of this contract operations. 7. COMPENSATION A. Payment Schedule All pay requests must be prepared and submitted by the Contractor as verified and approved by the Public Works Director.All pay requests so received and approved by the Public Works Director shall be processed and payment made by the City not less than 15 nor more than 30 days after receipt. B. Down Time No payment shall be made for any nonproductive or down time exceeding 10%of any singular operation.Compensable time shall include all time spent performing the sanding and snow removal operations subject to the exclusions identified herein and shall include travel time to and from the Contractor's base of operations or City limits,whichever is the shorter distance. C. Penalties and Bonuses A premium adjustment of$10.00 per hour per piece of equipment will be made for each hour worked between the hours of 12:00 a.m.to 12 midnight on Sundays and the holidays of Thanksgiving,Christmas, and New Years Day. 8. INSURANCE/LIABILITY/CLAIMS A. Indemnification The Contractor indemnifies,saves and holds harmless the City and all of its agents and employees of and from any and all claims,demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the Contractor's performance under this agreement. It is hereby understood and agreed that any and all employees of the Contractor and all other persons employed by the Contractor in the performance of services under this agreement,required or provided for hereunder by the Contractor shall not be considered employees of the City and that Page 6 of 11 2012-2013 Snowplowing Contract li li any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any and all claims made by any third parties as a consequence of any act or omission on the part of said Contractor's employees while so engaged in the performance of these services,to be rendered herein by the Contractor shall, in no way,be the obligation or responsibility of the City. B. Insurance The Contractor shall,at his sole cost and expense, carry and maintain general and public liability and property damage insurance coverage of$600,000 for any one accident and$1,000,000 aggregate protecting the Contractor,his employees and the City against any and all claims of any kind or character whatsoever arising from damage,injury(including bodily injury or death) caused by or arising from the operation and use of the machine at the request of the City. Such insurance shall be in full force and effect during the time that the machine is operated at the request of the City. Such insurance policy shall provide for a minimum of 30 days written notice to the City Clerk of cancellation,non-renewal or material change of the required insurance coverage. The requirement and approval of this insurance by the City shall not in any way relieve or decrease the liability of the Contractor. It is expressly understood that the City does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor.Copies of the insurance certificates shall he filed with the City on execution of this agreement. C. Legal Compliance The Contractor agrees to comply with all State and Federal laws and local ordinances governing the employment of personnel including,but not limited to,Minnesota Statute Section 181.59 relating to discrimination in employment,and Section 290.07 requiring the certification of income tax withholding. D. Claims The Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. 9. AGREEMENT APPROVAL CONSIDERATIONS A. Selection The City reserves the right to retain the services of the Contractor who, in the opinion of the City, can best provide the services requested under this agreement. Consideration shall be given to hourly rates, availability and condition of equipment,competency of operators,previous experience,response time and specific pieces of equipment so quoted. B. Combination of Quotations The City reserves the right to select any combination of equipment quoted for services requested in entering into this agreement. Only one hourly rate will be considered for each machine,but consideration will be given to any other rate or combination of rates not called for in this proposal if it is in the best interest of the City. Page 7 of 11 2012-2013 Snowplowing Contract • • 10. PROPOSED RATES The "Schedule of Prices",attached as Exhibit B for each machine the Contractor proposes to furnish and such quotation shall be an hourly rate and it shall constitute a formal agreement between the Contractor and the City with no further revisions,addenda or exceptions acknowledged unless previously noted in writing and agreed upon.All required performance bonds,insurance certificates and additional requested information shall be submitted in a form acceptable to the City prior to the execution of the agreement by the City. 11. ADOPTED BY REFERENCE OF PROPOSAL The attached proposal of"schedule of prices" and description arc adopted by reference as part of this agreement. 12. RECORD DISCLOSURE/MONITORING PROCEDURES Pursuant to Minnesota Statues § 1613.06, Subd.4(1990),the books,records,documents and accounting procedures and practices of the Contractor relevant to the Contract are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as Y g g Y appropriate. Contractor agrees to maintain these records for a period of three(3)years from the date of the termination of this Agreement. 13. EOUAL EMPLOYMENT OPPORTUNITY-CIVIL RIGHTS A. During the performance of this Agreement,the Contractor agrees to the following:No person shall,on the grounds of race,color,religion, age,sex,disability,marital status,public assistance status,creed,or nation of origin,be excluded from full employment rights in,participation in,be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination including but not limited to the Civil Rights Acts of 1964.Upon request the Contractor will furnish the City all reports required by the Secretary of Labor,the Minnesota Department of Human Services for the purposes of investigation to ascertain compliance with such rules,regulations and orders.The provisions of Minnesota Statutes § 181.59,(or subsequent amendments)regarding non-discrimination and violations related there from are incorporated in this paragraph by reference as an obligation of the Contractor. B. If during the term of this contract or any extension thereof, it is discovered that the Contractor is not in compliance with the applicable statues and regulations or if the Contractor engages in any discriminatory practices,then the City may cancel this agreement as provided by the cancellation clause. Page 8 of 11 2012-2013 Snowplowing Contract • IN WITNESS WHEROF,the parties have set forth their hands and seals this ;) day of 0 L.41 Vt 2 12. CONTRACTOR—M.J.RALEIGH TRUCKING,Inc. Mr.Mike Raleigh Notary for Contractor's Signature: �L s�•�r JENNIFER M.PINSKI �� y cowsPtlgl lc•MIA IESOTA ,1 2011 CITY OF •ARK HEIGHTS B -g c� David Beaudet-Mayor Date By: , / Eric J, nson—City Administrator Date 1 Notary for City: --AIL M.PINSKI ! r NOTARY PUBLIC MINNESOTA Jan. 31,2017 Page 9 of 11 2012-2013 Snowplowing Contract Exhibit A — Snowplowing Routes "A" & "B" Page 10 of 11 2012-2013 Snowplowing Contract II • • \? , l J p / 171 ii o_:j li` n't 11:sIm m � . .IIC2■■ni■■ l�nu■ nn� �,11%an■■n.Y 1111:`1_ �llill111111 11!- L...it,MI OM Ell -.p ge.IIII!/..E� Rill is i=21111Eljm: C iC ;• '_ no .. 11 w, ■m:��aunq mMI in 111 7E§O _ :11ZIE ■ ■■.. ate_ ■ .ran Zc=...: am 11111111.1,74110 NU ili ROWE or P..i ,p '=5A- Miii �l :1..: I.:■.t._ ==II E -I—a :!II'I =;.'-;•o% C . . .-=t. al ,illhatirmi#111 II T l.. `- ti.00.:.d :a �� :.111 ■na imom ;m L. CCS '■ w, EL 0 O MJIM:-._Mb if C6 0 `� Ow ■101:. _ el 50:,.. N .44111 11I• >+ Y o t�+1I1■It� - m m 0 (V L O lim 0 Et 0 x 4', o a. ._ W 0 ° E5 <L 0 I co Q m z 3 eali I Exhibit B — Schedule of Prices Page 11 of 11 2012-2013 Snowplowing Contract SCHEDULE OF FEES PROPOSED 2012/2013 SNOW PLOW CONTRACT EQUIPMENT RATES CITY OF OAK PARK HEIGHTS Unit Hourly Type of Equipment Year No Rate 12G Cat grader w/wing 1986 $130.05 720A Champion grader w/wing 1991 $130.05 120 Cat grader w/wing 1998 $130.05 950G Cat loader w/ 12' plow 1999 $123.81 950B Cat loader w/12' plow 1989 $123.81 980F Cat loader w/7 yard bucket 1979 $123.81 9808 Cat loader w/6 yard bucket 1977 $123.81 545 Ford Tractor w/11' plow 1998 $108.20 97 Mack Tandem w/12' plow and sander 1994 $86.35 93 Mack Tandem w/12' plow and sander 1993 $86.35 MATERIAL COSTS Type of sand $/ton Sand(No salt) NA Sand/15%salt $19.00 Sand/20%salt $21.00 Sand/25%salt $24.00 5%salt/10%liquid $24.00 Salt/No sand NA Other NA /'...m,, ® M 4 ACODI R • F CERTIFICATE OF LIABILITY INSURANCE DATE(MM'DDmYY) 2/17/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the,certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: 001 Keister and Keister Agency PHONN:Pier (651)430-1666 ( No):(651)430-1900 6750 Stillwater Blvd. N. E-MAIL ADDRESS: P. 0. Box 469 INSURER(S)AFFORDING COVERAGE NAIC# Stillwater MN 55082 INSURER A:Acuity Insurance Co. 14184 INSURED INSURER 8: MJ RALEIGH TRUCKIN INC INSURER C: 1 PO BOX 261 - r INSURER D: P.o. Box 261 `f` INSURER E: STILLWATER MN 55082 INSURER F; COVERAGES CERTIFICATE NUMBER:CL1221703315 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER i POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER IMM/DIYYYYY)JMM/DDIYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000, X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ 100,000 A CLAIMS-MADE X,OCCUR L18161 2/18/2012 '2/18/2013 MED EXP(Any one parson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEM.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 2,000,000 XIPOLICY PRO — _ JFCT- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A ANY AUTO BODILY INJURY(Per person) $ X ALL OWNED SCHEDULED SCHEDULED L18161 2/18/2012 2/18/2013 AUTOS _ AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ 19 X UMBRELLA LIAB Underinsured motorist 8l split $ 1,000,000 _ OCCUR EACH OCCURRENCE $ 3,000,000 EXCESS LIAR A CLAIMS-MADE AGGREGATE $ 3,000,000 1 , DED I RETENTION S L18161 2/18/2012 2/18/2013 $ 1 A WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY V/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE� E.L.EACH ACCIDENT $ 500 OFFICER/MEMBER EXCLUDED? 1 N/A" ,000 (Mandatory In NH) L18161 2/18/2012 2/18/2013 ELDISEASE-EAEMPLOYEE $ 500 000 If yes,describe under r DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 1 1 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,it more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oak Park Heights ACCORDANCE WITH THE POLICY PROVISIONS. 14168 North 57th St Oak Park Heights, MN '555'082 AUTHORIZED REPRESENTATIVE Steven Keister/PAUL i..ge— ACORD 25(2010/05) 0 1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005)01 The ACORD name and logo are registered marks of ACORD CITY OF OAK PARK HEIGHTS AGREEMENT FOR ROADWAY SNOW REMOVAL AND SANDING Snowplowing Season:Approx.October 2011 through April 2012 1. PURPOSE/INTENT A. Roadway Sanding and Snowplowing The purpose of this agreement provides the City of Oak Park Heights(hereinafter City)and M.J. Raleigh Trucking,Inc.(hereinafter called Contractor)with a mutually acceptable agreement to provide planned and emergency scheduled roadway sanding and snowplowing operations on local City streets and roadways within the City of Oak Park Heights,Minnesota. B. Routes "A"Priority Routes identify high priority roads and slopes of concern;"13"Priority Routes identifies all other streets and areas.All routes become the Contractor's responsibility for sanding and snowplowing operations under the terms and conditions of this agreement.(Routes are depicted in"Exhibit A"as attached. "A"and"B"routes are provided only as a reference to the location and approximate scope of the services required under this agreement.) The City reserves the right to expand,decrease or modifies the designated routes without prior written notice to the Contractor and without affecting any condition or provision contained within this agreement,including rates or compensation.Additional services shall be based on established rates. C. Administration This agreement shall be entered into with the City of Oak Park Heights,administered by the . Public Works Director and under the direct operational supervision of the Public Works Director or his assigns. D. Roadway Sanding and Snowplowing Policies (1)The City's policy requires the sanding of all local streets,roads and cul-de-sacs whenever weather conditions make driving conditions hazardous.Sanding will be required during storms to maintain passable roadways and safe intersections.Following winter storms sanding operations will be coordinated with snowplowing operations. (2)The City's'snow removal policy requires the removal of snow from face of curb(F-F)of ALL local streets,roads and cul-de-sacs after the accumulation of two(2)or more inches of snow.All Routes are to be completed within approximately 8 hours of notification."A"routes are always a priority and also shall be completed by 6:00 a.m.following an overnight storm.Per City Ordinance,no parking is allowed on public streets between 1:00 a.m.and 6:00 a.m. (3)Cul-de-sac snow removal'will be by"wasting"to all properties within the cul-de-sac and leading to the cul-de-sac. Stock piling for later removal will only be performed under the direction of the City,when snowfall conditions are extreme. Page 1 of 9 2011-2012 Snowplowing Contract (4)Sanding operations shall normally utilize a minimum of 15%salt/sand mixture. E. Scope of Operations The Contractor shall provide a minimum of one(I)piece of equipment to perform the entire sanding operation.Minimum equipment required is a single axle dump truck with a 5 yard capacity sand spreader.Additional pieces of appropriate equipment may be used by the Contractor for any or all sanding operations with prior written approval of the City. The must Contractor provide a minimum of two(2)pieces of equipment to perform the entire snow removal operation.Wheel loader type equipment is preferred for"wasting"snow on cul-de- sacs.Additional pieces of equipment appropriate for each Route shall be used by the Contractor for any or all snow removal operations with prior written approval of the City. In all cases the Contractor shall provide adequate equipment to meet the specific scope and parameters as stated in this agreement including completing full snow removal within the 8-hour requirement. 2. LENGTH OF AGREEMENT A. This agreement shall be a singular annual agreement limited to the snow removal season commencing October 2011 through April 2012 inclusive.The Contractor shall be prepared for snow events during these months. B. This agreement may be terminated for good cause,including failure to perform in accordance with paragraphs agreement,by the City during the agreement period,subject to written notice being delivered by registered mail sent to the Contractor at the address referenced on the Proposal • - form. C. The City does not guarantee a minimum number of work hours for any sanding or plowing operation or duration of the agreement. 3. EQUIPMENT A. Dump Truck Trucks shall be a minimum single-axle,dual rear wheel drive,26,000 G.V.W.vehicle equipped with a minimum 5 yard capacity sander and a front-end plow with a minimum length of 10.0'.If the optional wing plow is used,it shall have a combined moldboard width of 18.0'. B. Wheel Loader Wheel loaders shall be a rubber tired,articulated type having all-wheel drive and powered by an engine with a manufacturer's rating of at least 95 brake horsepower.It shall be equipped with a front bucket with a minimum of 2.5 cubic yards or a plow with a minimum width of 10.0 feet.An optional wing plow shall be equipped with"floating"down pressure. Page 2 of 9 2011-2012 Snowplowing Contract C. Motor Grader Motor graders shall be an articulated type with a minimum 4-wheel drive powered by an engine with a minimum manufacturer's rating of at least 125 horsepower. It shall be hydraulically operated with a moldboard of 14.0'in length.If used in conjunction with the optional wing plow, it shall have a combined minimum width of 21.0'. D. Accessories&Safety Equipment All vehicles'shall be properly equipped and outfitted to meet all local,county,state or federal laws required for on-the-road emergency snow removal operations.They shall provide the operator with full visibility in all directions and shall have a back-up warning system.The operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow the efficient and safe operation of that vehicle.The City reserves the right to reject at any time, without notice to the Contractor,any vehicle that does not appear to comply with all rules or regulations required for over-the-road snow removal operations.Rejection of vehicle acceptability will also take into consideration the condition and limitations of operation of the vehicle or its accessory equipment. E. Vehicle Designation/Replacements Upon request,the Contractor shall provide to the City a copy of their certificate of title which includes the vehicle identification number(if available)and license plate number to the City within ten days of the request.After inspection by the City,those vehicles acceptable for performance under this contract will be verified by the City.Except for emergencies,any planned substitution or replacement of previously approved equipment shall require prior written approval by the City. 4. OPERATION&MAINTENANCE A. Operator The Contractor shall ensure that the operator provided with each piece of equipment is fully trained and properly licensed with the State of Minnesota to operate the bid vehicle or any anticipated replacement.The Contractor shall make every effort possible to ensure that the same operators perform the sanding and plowing operations during the.length of the agreement. B. Parts&Fuel The hourly rates contained herein shall cover all costs,all operation and maintenance expenses including but not limited to fuel,lubricants,supplies and support services,taxes,surcharges,etc. It shall also include depreciation on the vehicle and related equipment including the repair, maintenance and replacement of all materials and supplies including cutting edges and tire chain cross links.It shall also include all labor,tools and equipment necessary for making any and all repairs or replacements which May necessary to keep and maintain the machine and all parts thereof in proper and safe working order and serviceable repair. Page 3 of 9 2011-2012 Snowplowing Contract C. Storage The Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection/shelter/storage for both the vehicle and operator. 5. HOURLY RATES A. Operators All hourly rates quoted shall include full operation by a qualified operator. B. Quantities All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.25(quarter) hour. C. Premium/Overtime No premium calculation or additional adjustment shall be given to the rates quotes for any hours worked regardless of day,date,time of day or consecutive hours worked in any given sanding operation or calendar week unless specifically provided for in the agreement under Section 7C. D. Nonproductive/Downtime The hourly rate shall be paid for the actual number of hours the machine is operated under the direction of the City.The City shall not be responsible for payment for any time taken for rest or meal breaks.However,the City will recognize payment for routine maintenance and emergency repairs or adjustments necessary to keep the machine properly operating.However,limited accumulated delay time for which payment will be made shall not exceed ten(10.0)percent of the actual working time required for any single snow event.This allowance shall be provided for only those pieces of equipment previously approved by the City for required sanding and snowplowing operations under this agreement. 6. PERFORMANCE REQUIREMENTS A. Personnel The Contractor shall provide the City with the name,address and active cellular telephone number(s)for at least two designated contact personnel responsible for insuring response to the City's request for services.The Contractor shall ensure that at least one of the contact persons is available and accessible 24 hours per day,seven days per week. B. Response Time The Contractor shall be able to respond and begin sanding operations within one(1)hour and no later than three(3)hours from the start time requested by the City for any given sanding or plowing request. The Contractor shall be able to respond and begin snow removal operations within two(2)hours and no later than four(4)hours from the start time requested by the City for any given snow removal request.The Contractor shall ensure that the equipment and operator are ready and able Page 4 of 9 2011-2012 Snowplowing Contract to continuously provide snow removal services through the completion of the routes designated in the attached exhibits as directed by and to the satisfaction of the City. In all cases,the Contractor shall ensure that the equipment and operator are ready and able to continuously provide services through the completion of the routes designated in the attached exhibits and as directed by and to the satisfaction of the City.The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break.The contractor is responsible for providing replacement personnel if operations require more than 16 consecutive hours of operation.The 16 consecutive hours shall include all operations by the equipment operator,whenever under the City contract,operations under other contracts held by the Contractor,or by other employees of the operator. C. Down Time The Contractor shall ensure that all equipment provided is maintained in a proper manner and condition to minimize required maintenance or emergency repairs during the performance of sanding operations.If,once commencing a sanding operation,a piece of equipment becomes disabled and non-functioning for a period of three(3)consecutive hours,the Contractor shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City.The Contractor shall immediately notify the City if it cannot meet the requirements of this agreement due to disabled equipment or for any other reason. D. Communications The Contractor will maintain communications with the City through cellular phones at no cost to the City.The Contractor shall ensure that the operator maintains full availability for communication at all times during the operations.The Contract will maintain continuous communications with their operators such that directions from the City can be passed to the operators in a timely fashion. E. Authority/Direction The Contractor and his designated operators shall respond to all directions given by The City in a positive,courteous and timely manner during the sanding and snow removal operations.The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence or insubordination or inability of the piece of equipment to function properly for the requested services.The Contractor shall begin the sanding and snow removal operations at a designated point and follow a specific progression as direction by the City. F. Law Obedience The Contractor and his designated operator shall be responsible for their actions and compliance with all regulatory laws and ordinances governing the operation of the machine while performing sanding operations for the City. Page 5 of 9 2011-2012 Snowplowing Contract • • G. Performance Bond or Cash Deposit The Contractor shall provide and maintain a performance bond or cash deposit in a manner acceptable to the City in the amount of$5,000 for the duration of this agreement.The City shall not file against or use this performance bond or cash deposit for any issue or matter not relating to nonperformance or noncompliance with this agreement. H. Non Performance The Contractor shall waive any and all objections,rights to objections and claims for additional compensation,damages or loss of revenue resulting from work performed by the City either prior to,during or after any scheduled or emergency operation in lieu of these contractual services as may be necessary due to non performance or excessive delays of the Contractor. I. Property Damage The Contractor shall be responsible for any and all damages to private as well as public property (including public utilities)due to its own or its employee's negligence in performing of this contract operations. 7. COMPENSATION A. Payment Schedule All pay requests must be prepared and submitted by the Contractor as verified and approved by the Public Works Director.All pay requests so received and approved by the Public Works Director shall be processed and payment made by the City not less than l5 nor more than 30 days after receipt. B. Down Time No payment shall be made for any nonproductive or down time exceeding 10%of any singular operation.Compensable time shall include all time spent performing the sanding and snow removal operations subject to the exclusions identified herein and shall include travel time to and from the Contractor's base of operations or City limits,whichever is the shorter distance. C. Penalties and Bonuses A premium adjustment of$10.00 per hour per piece of equipment will be made for each hour worked between the hours of 12:00 a.m.to 12 midnight on Sundays and the holidays of Thanksgiving,Christmas,and New Years Day. 8. INSURANCE/LIABILITY/CLAIMS A. Indemnification The Contractor indemnifies,saves and holds harmless the City and all of its agents and employees of and from any and all claims,demands,actions or causes of action of whatsoever nature or character arising out of or by reason of the Contractor's performance under this agreement It is hereby understood and agreed that any and all employees of the Contractor and all other persons employed by the Contractor in the performance of services under this agreement,required or provided for hereunder by the Contractor shall not be considered employees of the City and that Page 6 of 9 2011-2012 Snowplowing Contract any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any and all claims made by any third parties as a consequence of any act or omission on the part of said Contractor's employees while so engaged in the performance of these services,to be rendered herein by the Contractor shall, in no way,be the obligation or responsibility of the City. B. Insurance The Contractor shall,at his sole cost and expense,carry and maintain general and public liability and property damage insurance coverage of$600,000 for any one accident and$1,000,000 aggregate protecting the Contractor,his employees and the City against any and all claims of any kind or character whatsoever arising from damage,injury(including bodily injury or death) caused by or arising from the operation and use of the machine at the request of the City.Such insurance shall be in full force and effect during the time that the machine is operated at the request of the City.Such insurance policy shall provide for a minimum of 30 days written notice to the City Clerk of cancellation,non-renewal or material change of the required insurance coverage.The requirement and approval of this insurance by the City shall not in any way relieve or decrease the liability of the Contractor.It is expressly understood that the City does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor.Copies of the insurance certificates shall he filed with the City on execution of this agreement. C. Legal Compliance The Contractor agrees to comply with all State and Federal laws and local ordinances governing the employment of personnel including,but not limited to,Minnesota Statute Section 181.59 relating to discrimination in employment,and Section 290.07 requiring the certification of income tax withholding. D. Claims The Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. 9. AGREEMENT APPROVAL CONSIDERATIONS A. Selection The City reserves the right to retain the services of the Contractor who,in the opinion of the City, can best provide the services requested under this agreement.Consideration shall be given to hourly rates,availability and condition of equipment,competency of operators,previous experience,response time and specific pieces of equipment so quoted. B. Combination of Quotations The City reserves the right to select any combination of equipment quoted for services requested in entering into this agreement.Only one hourly rate will be considered for each machine,but consideration will be given to any other rate or combination of rates not called for in this proposal if it is in the best interest of the City. Page 7 of 9 2011-2012 Snowplowing Contract • 10. PROPOSED RATES The"Schedule of Prices",attached as Exhibit B for each machine the Contractor proposes to furnish and such quotation shall be an hourly rate and it shall constitute a formal agreement between the Contractor and the City with no further revisions,addenda or exceptions acknowledged unless previously noted in writing and agreed upon,All required performance bonds,insurance certificates and additional requested information shall be submitted in a form acceptable to the City prior to the execution of the agreement by the City. 11. ADOPTED BY REFERENCE OF PROPOSAL The attached proposal of"schedule of prices"and description arc adopted by reference as part of this agreement. 12. RECORD DISCLOSURE/MONITORING PROCEDURES Pursuant to Minnesota Statues§ 1613.06,Subd.4.(1990),the books,records,documents and accounting procedures and practices of the Contractor relevant to the Contract are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate.Contractor agrees to maintain these records for a period of three(3)years from the date of the termination of this Agreement. 13. EOUAL EMPLOYMENT OPPORTUNITY-CIVIL RIGHTS A. During the performance of this Agreement,the Contractor agrees to the following:No person shall,on the grounds of race,color,religion,age,sex,disability,marital status,public assistance status,creed,or nation of origin,be excluded from full employment rights in,participation in,be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination including but not limited to the Civil Rights Acts of 1964.Upon request the Contractor will furnish the City all reports required by the Secretary of Labor,the Minnesota Department of Human Services for the purposes of investigation to ascertain compliance with such rules,regulations and orders.The provisions of Minnesota Statutes§ 181.59,(or subsequent amendments)regarding non-discrimination and violations related there from are incorporated in this paragraph by reference as an obligation of the Contractor. B. If during the term of this contract or any extension thereof,it is discovered that the Contractor is not in compliance with the applicable statues and regulations or if the Contractor engages in any discriminatory practices,then the City may cancel this agreement as provided by the cancellation clause. Page 8 of 9 2011-2012 Snowplowing Contract • IN WITNESS WHEROF,the parties have set-forth their hands and seals this day of_'�___+ x2011. CONTRACTOR—M.J.RALEIGH TRUCKING,Inc. By: • Mr.Mike Raleigh •,/,,Y. � Notary ry f or Signa� /, aw�jj -, ilitil ifr ' - _. , ___ . Ade ti ,:•s• JENNIFER M. PINSKI 1 'p" NOTARY 1c PUBLIC-MINNESOTA CI► • !Iiiiii,, , HEIGH MY Commission Expires Ja HEIGHTS �1��sll..1 Jan 31.1012 B I 14,/ Ci avid ES ' Date! :y: c J.in—City Administrator Date ILI N. . for City: _L �. I � ,•- JENNIFER M P I NSKI IllOr : .s My PUBLIC-MINNESOTA • ti Y Expires Jan 31,2012 S ✓llf�- l fl!j fJlff J/./t1 lJ) Page 9 of 9 2011-2012 Snowptowing Contract . , . y r r� fl K Ls rr "A" To 3011-I 2011- Sr aPlow+N�, : 46ae,tieNT F►r - S MI PEM®VAG 4.ND NNA/4 --• 41 . ,, L 1/ -■_r as nil 1 ent..!.! u1 go .n,/--un■uu■11lnfa. 1 — , 1•.III 1111 rol.5 ii=ups -_ ■■111:.1■■I/ 1111: M lIrAq .n■Ic■' 1:11111 ■u.11llu�. ��! _ IL I.�1■ m.-■eup -I MO ul MN a ctP O 111 o !. a , =1 ■ •1 _. -- � •._ .to .��l •iii, ��, .. ' 1 I1. %. -C .I - ' ,p,.., w■ Lcuuuu .�.. � ri► ;�ic�:pS z kVA: ill/111 - - ^, .. .• VIP %Ili-1- _ Ili; _ `L ;:ggala L iiONN1 C6 _. .Q. 4111/11 PA* CO 11111� PI Wain. . ROW rs M. = litc‘ail-full■c 147T u■, a AM .... .r: O• m m O . ' T , 1410471 . m ce re �tr- It 15 IlliPAN• c a m z ir 4., o��_ a IL * • , l k Emmerr "2 "r) Zoi!- •12 S.4104Jpistmvc nistaen tt T 5r SCHEDULE OF PRICES Sma11 REMOVAL AND S4w0/It/h, PROPOSED(2011-2012 J SNOW PLOW CONTRACT EQUIPMENT RATES CITY OF OAK PARK HEIGHTS Hourly Equipment Unit Type of Equipment Year Rate No. Standby Fee 12G Cat grader w/wing 1986 $125.00 UMITF.D TO 5 months only 720A Champion grader w/wing 1991 $126.00 November,December 120 Cat grader w/wing 1998 $125.00 January,February and 950G Cat Loader w/ 12'plow 1999 $119.00 march 950E Cat Loader w/ 12'plow 1989 $119.00 Four pieces of 980F cat loader w/7 yard bucket 1979 $119.00 Equipment at$400 each 980B cat loader w/6 yard bucket(spare) 1977 $119.00 Monthly fee=$1800 545 Ford Tractor w/11'plow 1998 $104.00 Total standby fee 97 Mack Tandem w/ 12' plow&sander 1994 $83.00 $8,000 for contract 93 Mack Tandem w/ 12'plow& sander 1993 $83.00 Material Costs Type of Sand $/ton Sand (no salt) NA Sand/15%salt $19.00 Sand/20%salt $21.00 Sand/25% salt $24.00 5%salt/ 10% liquid $24.00 Salt./no sand NA Other NA i Contract Extension Agreement: Agreement to Extend the Agreement for Roadway Snow Removal and Sanding Pursuant to the"Agreement for Roadway Snow Removal and Sanding for 2009/2010 Season"between the City of Oak Park Heights, (the 'City')and M.J. Raleigh Trucking (the `Contractor')the City does also desire to have the Contractor provide snow removal and sanding services for the 2010/2011 winter plowing season. The City and Contractor with the execution of this Contract Extension Agreement do here by jointly agree to extend the 2009/2010 Agreement, (Attached as `Exhibit A' to the Contract Extension Agreement)thru the 2010/2011 winter plowing season. Except for the following amendment, all terms and conditions remain in effect: 1. The City does agree to increase the Hourly Rates found in the Schedule of Prices by two(2.0)percent for the 2010/2011 season. All Standby Fees and Material Costs shall remain the same. All other terms,definitions and conditions remain in full-force and effect. For: M.J.Raleigh T king,(Contractor) f % date)1D`)S-'/O Mike Raleigh,Owner. ^ ' Notary `' ..� .�. .L..0111‘ . 'Ur: 1 f Oak Park Heights ��✓rlsii�l�rrrlil�i.��.ril✓.r\: �" JENNIFER M.PINSKI s NOTARY PUBLIC MtNiJESOTA r-1: My Commission Expires Jan 31.2tS date l o-13--r o ti .��lf���_,l�rr: .. Job+son,City Administrator n Notary ' \\,,,j \\., ,L «" JENNIFER M. PINSKI ti NOTARY PUBLIC-MINNESOTA ti ' t"" My Commission Expires Jan 31.2012 `Exhibit A' to the Contract Extension Agreement "Agreement for Roadway Snow Removal and Sanding-2009/2010 Season" CITY OF OAK PARK HEIGHTS AGREEMENT FOR ROADWAY SNOW REMOVAL AND SANDING Snowplowing Season: Approx. October 2009 through April 2010 1. PURPOSE/INTENT A. Roadway Sanding and Snowplowing The purpose of this agreement provides the City of Oak Park Heights (hereinafter City) and M.J. Raleigh Trucking, Inc. (hereinafter called Contractor) with a mutually acceptable agreement to provide planned and emergency scheduled roadway sanding and snowplowing operations on local City streets and roadways within the City of Oak Park Heights, Minnesota. B. Routes "A"Priority Routes identify high priority roads and slopes of concern; "B"Priority Routes identifies all other streets and areas. All routes become the Contractor's responsibility for sanding and snowplowing operations under the terms and conditions of this agreement. (Routes are depicted in "Exhibit A" as attached - "A" and "B" are provided only as a reference to the location and approximate scope of the services required under this agreement.) The City reserves the right to expand, decrease or modify the designated routes without prior written notice to the Contractor and without affecting any condition or provision contained within this agreement, including rates or compensation. Additional services shall be based on established rates. C. Administration This agreement shall be entered into with the City of Oak Park Heights, administered by the Public Works Director and under the direct operational supervision of the Public Works Director or his assigns. Page 1 of 16 2009-2010 Snowplowing Contract D. Roadway Sanding and Snowplowing Policies (1) The City's policy requires the sanding of all local streets, roads and cul-de- sacs whenever weather conditions make driving conditions hazardous. Sanding will be required during storms to maintain passable roadways and safe intersections. Following winter storms sanding operations will be coordinated with snowplowing operations. (2) The City's snow removal policy requires the removal of snow from face of curb (F-F) of ALL local streets, roads and cul-de-sacs after the accumulation of two (2) or more inches of snow. Routes are to be completed within approximately 8 hours of notification. "A" routes are always a priority and also shall be completed by 6:00 a.m. following an overnight storm. Per City Ordinance, no parking is allowed on public streets between 1:00 a.m. and 6:00 a.m. p g p (3) Cul-de-sac snow removal will be by "wasting"to all properties within the cul- de-sac and leadin g to the cul-de-sac. Stock piling for later removal will only be performed under the direction of the City,when snowfall conditions are extreme. (4) Sanding operations shall normally utilize a minimum of 15%salt/sand mixture. E. Scope of Operations The Contractor shall provide a minimum of one (1) piece of equipment (two or more would be preferred) to perform the entire sanding operation. Minimum equipment required is a single axle dump truck with a 5 yard capacity sand spreader. Additional pieces of appropriate equipment may be used by the Contractor for any or all sanding operations with prior written approval of the City. The must Contractor provide a minimum of two (2) pieces of equipment to perform the entire snow removal operation. Wheel loader type equipment is preferred for "wasting" snow on cul-de-sacs. Additional pieces of equipment Page 2 of 16 2009-2010 Snowplowing Contract • appropriate ro riate for each Route shall be used by the Contractor for any or all snow removal operations with prior written approval of the City. 2. LENGTH OF AGREEMENT A. This agreement shall be a singular annual agreement limited to the snow removal season commencing October 2009 through April 2010 inclusive. The Contractor shall be prepared for snow events during these months. B. This agreement may be terminated for good cause, including failure to perform in accordance with paragraphs agreement, by the City during the agreement period, subject to written notice being delivered by registered mail sent to the Contractor at the address referenced on the Proposal form. C. The City does not guarantee a minimum number of work hours for any sanding or plowing operation or duration of the agreement. 3. EQUIPMENT A. Dump Truck Trucks shall be a minimum single-axle, dual rear wheel drive, 26,000 G.V.W. vehicle equipped with a minimum 5 yard capacity sander and a front-end plow with a minimum length of 10.0'. If the optional wing plow is used, it shall have a combined moldboard width of 18.0'. B. Wheel Loader Wheel loaders shall be a rubber tired, articulated type having all-wheel drive and powered by an engine with a manufacturer's rating of at least 95 brake horsepower. It shall be equipped with a front bucket with a minimum of 2.5 cubic yards or a plow with a minimum width of 10.0 feet. An optional wing plow shall be equipped with"floating"down pressure. C. Motor Grader Page 3 of 16 2009-2010 Snowplowing Contract Motor graders shall be an articulated type with a minimum 4-wheel drive powered by an engine with a minimum manufacturer's rating of at least 125 horsepower. It shall be hydraulically operated with a moldboard of 14.0' in length. If used in conjunction with the optional wing plow, it shall have a combined minimum width of 21.0'. D. Accessories& Safety Equipment All vehicles shall be properly equipped and outfitted to meet all local, county, state or federal laws required for on-the-road emergency snow removal operations. They shall provide the operator with full visibility in all directions and shall have a back-up warning system. The operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow the efficient and safe operation of that vehicle. The City reserves the right to reject at any time, without notice to the Contractor,any vehicle that does not appear to comply with all rules or regulations required for over-the-road snow removal operations. Rejection of vehicle acceptability will also take into consideration the condition and limitations of operation of the vehicle or its accessory equipment. E. Vehicle Designation/Replacements The Contractor shall provide to the City a copy of their certificate of title which includes the vehicle identification number (if available) and license plate number to the City within ten days of execution of this contract. After inspection by the City, those vehicles acceptable for performance under this contract will be verified by the City. Except for emergencies, any planned substitution or replacement of previously approved equipment shall require prior written approval by the City. 4. OPERATION &MAINTENANCE A. Operator The Contractor shall ensure that the operator provided with each piece of equipment is fully trained and properly licensed with the State of Minnesota to operate the bid vehicle or any anticipated replacement. The Contractor shall make Page 4 of 16 2009-2010 Snowplowing Contract every effort possible to ensure that the same operators perform the sanding and plowing operations during the length of the agreement. B. Parts&Fuel The hourly rates contained herein shall cover all operation and maintenance expenses including but not limited to fuel, lubricants, supplies and support services, taxes, surcharges, etc. It shall also include depreciation on the vehicle and related equipment including the repair, maintenance and replacement of all materials and supplies including cutting edges and tire chain cross links. It shall also include all labor, tools and equipment necessary for making any and all repairs or replacements which may be necessary to keep and maintain the machine and all parts thereof in proper and safe working order and serviceable repair. C. Storage The Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection/shelter/storage for both the vehicle and operator. 5. HOURLY RATES A. Operators All hourly rates quoted shall include full operation by a qualified operator. B. Quantities All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.25 (quarter)hour. C. Premium/Overtime No premium calculation or additional adjustment shall be given to the rates quotes for any hours worked irregardless of day, date, time of day or consecutive hours worked in any given sanding operation or calendar week unless specifically provided for in the agreement under Section 7C. Page 5 of 16 2009-2010 Snowplowing Contract D. Nonproductive/Downtime The hourly rate shall be paid for the actual number of hours the machine is operated under the direction of the City. The City shall not be responsible for payment any a ment for time taken for rest or meal breaks. However, the City will recognize payment for routine maintenance and emergency repairs or adjustments necessary to keep the machine properly operating. However, limited accumulated delay time for which payment will be made shall not exceed ten (10.0) percent of the actual working time required for any single snow event. This allowance shall be provided for only those pieces of equipment previously approved by the City for required sanding and snowplowing operations under this agreement. 6. PERFORMANCE REQUIREMENTS A. Personnel The Contractor shall provide the City with the name, address and active cellular telephone number(s) for at least two designated contact personnel responsible for insuring response to the City's request for services. The Contractor shall ensure that at least one of the contact persons is available and accessible 24 hours per day, seven days per week. B. Response Time The Contractor shall be able to respond and begin sanding operations within one (1) hour and no later than three (3) hours from the start time requested by the City for any given sanding request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide sanding services through the completion of the routes designated in the attached exhibits and as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor is responsible for providing replacement personnel if sanding operations require more than 16 consecutive hours of operation. The 16 consecutive hours shall include all operations by the equipment operator, whenever under the City Page 6 of 16 2009-2010 Snowplowing Contract contract, operations under other contracts held by the Contractor, or by other employees of the operator. The Contractor shall be able to respond and begin snow removal operations within two (2) hours and no later than four(4) hours from the start time requested by the City for any given snow removal request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide snow removal services through the completion of the routes designated in the attached exhibits as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor will be responsible for providing replacement personnel if snow removal operations require more than 16 consecutive hours of operation. C. Down Time The Contractor shall ensure that all equipment provided is maintained in a proper manner and condition to minimize required maintenance or emergency repairs during the performance of sanding operations. If, once commencing a sanding operation, a piece of equipment becomes disabled and non-functioning for a period of three (3) consecutive hours, the Contractor shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City. The Contractor shall immediately notify the City if it cannot meet the requirements of this agreement due to disabled equipment or for any other reason. D. Communications The Contractor will maintain communications with the City through cellular phones at no cost to the City. The Contractor shall ensure that the operator maintains full availability for communication at all times during the sanding operations. The Contract will maintain continuous communications with their operators such that directions from the City can be passed to the operators in a timely fashion. Page 7 of 16 2009-2010 Snowplowing Contract E. Authority/Direction The Contractor and his designated operators shall respond to all directions given by the City in a positive, courteous and timely manner during the sanding and snow removal operations. The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence or insubordination or inability of the piece of equipment to function properly for the requested services. The Contractor shall begin the sanding and snow removal operations at a designated point and follow a specific progression as direction by the City. F. Law Obedience The Contractor and his designated operator shall be responsible for their actions and compliance with all regulatory laws and ordinances governing the operation of the machine while performing sanding operations for the City. G. Performance Bond or Cash Deposit The Contractor shall provide and maintain a performance bond or cash deposit in a manner acceptable to the City in the amount of $5,000 for the duration of this agreement. The City shall not file against or use this performance bond or cash deposit for any issue or matter not relating to nonperformance or noncompliance with this agreement. H. Non Performance The Contractor shall waive any and all objections, rights to objections and claims for additional compensation, damages or loss of revenue resulting from work performed by the City either prior to, during or after any scheduled or emergency operation in lieu of these contractual services as may be necessary due to non performance or excessive delays of the Contractor. Property Damage Page 8 of 16 2009-2010 Snowplowing Contract The Contractor shall be responsible for any and all damages to private as well as public property (including public utilities) due to its own or its employee's negligence in performing of this contract operations. 7. COMPENSATION A. Payment Schedule All pay requests must be prepared and submitted by the Contractor as verified and approved by the Public Works Director. All pay requests so received and approved by the Public Works Director shall be processed and payment made by the City not less than 15 nor more than 30 days after receipt. B. Down Time No payment shall be made for any nonproductive or down time exceeding 10% of any singular operation. Compensable time shall include all time spent performing the sanding and snow removal operations subject to the exclusions identified herein and shall include travel time to and from the Contractor's base of operations or City limits,whichever is the shorter distance. C. Penalties and Bonuses A premium adjustment of$10.00 per hour per piece of equipment will be made for each hour worked between the hours of 12:00 a.m. to 12 midnight on Sundays and the holidays of Thanksgiving,Christmas,and New Years Day. 8. INSURANCE/LIABILITY/CLAIMS A. Indemnification The Contractor indemnifies, saves and holds harmless the City and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the Contractor's performance under this agreement. It is hereby understood and agreed that any and all employees of the Contractor and all other persons employed by the Contractor in the performance of services under this agreement, Page 9 of 16 2009-2010 Snowplowing Contract required or provided for hereunder by the Contractor shall not be considered employees of the City and that any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any and all claims made by any third parties as a consequence of any act or omission on the part of said Contractor's employees while so engaged in the performance of these services,to be rendered herein by the Contractor shall, in no way, be the obligation or responsibility of the City. B. Insurance The Contractor shall, at his sole cost and expense, carry and maintain general and public liability and property damage insurance coverage of$600,000 for any one accident and $1,000,000 aggregate protecting the Contractor, his employees and the City against any and all claims of any kind or character whatsoever arising from damage, injury (including bodily injury or death) caused by or arising from the operation and use of the machine at the request of the City. Such insurance shall be in full force and effect during the time that the machine is operated at the request of the City. Such insurance policy shall provide for a minimum of 30 days written notice to the City Clerk of cancellation, non-renewal or material change of the required insurance coverage. The requirement and approval of this insurance by the City shall not in any way relieve or decrease the liability of the Contractor. It is expressly understood that the City does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Copies of the insurance certificates shall be filed with the City on execution of this agreement. C. Legal Compliance The Contractor agrees to comply with all State and Federal laws and local ordinances governing the employment of personnel including, but not limited to, Minnesota Statute Section 181.59 relating to discrimination in employment, and Section 290.07 requiring the certification of income tax withholding. Page 10 of 16 2009-2010 Snowplowing Contract D. Claims The Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. 9. AGREEMENT APPROVAL CONSIDERATIONS A. Selection The City reserves the right to retain the services of the Contractor who, in the opinion of the City, can best provide the services requested under this agreement. Consideration shall be given to hourly rates, availability and condition of equipment, competency of operators, previous experience, response time and specific pieces of equipment so quoted. B. Combination of Quotations The City reserves the right to select any combination of equipment quoted for services requested in entering into this agreement. Only one hourly rate will be considered for each machine, but consideration will be given to any other rate or combination of rates not called for in this proposal if it is in the best interest of the City. 10. PROPOSED RATES The "Schedule of Prices"for each machine the Contractor proposes to furnish and such q uotation shall be an hourly rate and it shall constitute a formal agreement with no further revisions,the Contractor and the City , addenda or exceptions acknowledged unless previously noted in writing and agreed upon. All required performance bonds, insurance certificates and additional requested information shall be submitted in a form acceptable to the City prior to the execution of the agreement by the City. 11. ADOPTED BY REFERENCE OF PROPOSAL The attached ro osal of "schedule of prices" and description are adopted by P p p p reference as part of this agreement. Page 11 of 16 2009-2010 Snowplowing Contract • 12. RECORD DISCLOSUREIMONITORING PROCEDURES Pursuant to Minnesota Statues §16B.06, Subd. 4 (1990), the books, records, documents and accounting procedures and practices of the Contractor relevant to the Contract are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate. Contractor agrees to maintain these records for a period of three (3) years from the date of the termination of this Agreement. 13. EQUAL EMPLOYMENT OPPORTUNITY—CIVIL RIGHTS A. During the performance of this Agreement,the Contractor agrees to the following: No person shall, on the grounds of race,color,religion, age, sex, disability,marital status, public assistance status, creed, or nation of origin, be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination including but not limited to the Civil Rights Acts of 1964. The Contractor will furnish the City all reports required by the Secretary of Labor, the Minnesota Department of Human Services for the purposes of investigation to ascertain compliance with such rules, regulations and orders. The provisions of Minnesota Statutes §181.59, regarding non-discrimination and violations related therefrom are incorporated in this paragraph by reference as an obligation of the Contractor. B. If during the term of this contract or any extension thereof, it is discovered that the Contractor is not in compliance with the applicable statues and regulations or if the Contractor engages in any discriminatory practices, then the City may cancel this agreement as provided by the cancellation clause. Page 12 of 16 2009-2010 Snowplowing Contract . • • of St tGs►t t� da IN WITNESS WHEROF,the parties have set forth their hands and seals this day ,2009: CONTRACTOR—M.J.RALEIGH TRUCKING,Inc. /,,,../X By: .G Mike Raleigh Its: Owner/CFO 1■� � 1 CITY OF O•(1iAl// tI� t� G TS ,gat!By: / David B-.udet i Date M:, 8 9 Of !O 10 c Johnson Date ity Administrator Page 13 of 16 2009-2010 Snowplowing Contract • SCHEDULE OF PRICES PROPOSED 200912010 SNOW PLOW CONTRACT EQUIPMENT RATES CITY OF OAK PARK HEIGHTS Hourly Equipment Unit Type of Equipment Year Rate No. Standby Fee 12G Cat grader w/wing 1986 $125.00 LIMITED TO 5 months only 720A Champion grader w/wing 1991 $125.00 November, December 120 Cat grader w/wing 1998 $125.00 January, February and 950G Cat Loader w/ 12' plow 1999 $119.00 March 950B Cat Loader w/ 12' plow 1989 $119.00 Four pieces of 980F cat loader w/7 yard bucket 1979 $119.00 Equipment at$400 each 980B cat loader wI 6 yard bucket (spare) 1977 $119.00 Monthly fee=$1600 545 Ford Tractor w/ 11' plow 1998 $104.00 Total standby fee= 97 Mack Tandem w/ 12' plow & sander 1994 $83.00 $8,000 for contract 93 Mack Tandem w/ 12' plow & sander 1993 $83.00 Material Costs Type of Sand $/ton Sand (no salt) NA Sand/15% salt $19.00 Sand/20% salt $21.00 Sand/25% salt $24.00 5% salt/ 10% liquid $24.00 Salt/ no sand NA Other NA Page 14 of 16 2009-2010 Snowplowing Contract Exhibit A—Routes-(See Map on Next Page) Page 15 of 16 2009-2010 Snowplowing Contract el / U ..-1 a, U ro `r-C} N a l id m ro a J 4 a, 3 u CD 0 O 01 a3 r1 ,mi `Ci m q • U] t l4 / u i 1111���11 1/1 tu rd • l" , Sr. ��� � ��ui�t111:��11�!i�� • / .u1�..un.nul u1.1■� � am Ri ��� ■IC:1IlmIN 1■nuIONE ro 11.)11111111111.�ar11••Mini b • ru,u in iv 1111 O In�r �a■1■� ro E _..Lgiu�l■al�._■ 1■111 — v N L'�1.11•n7Y..1-N 3 CD a Cr. --p,;-ILUPIIIe •i-..•m.:i 11 IL �1■ p' p is!:: �' ,r v ■� 0+ :::ii i_- O. A •. .r riled., -1 '-I.12 Ns II— m • gi .�..: --- �o . 1.i.l•., �1 s u!i. _: . eD CIO „. m tx •: 1P" I �I:. ♦� IH ='1�,1 1..0•.••, r1 ! : b • ::ii,:. � .. ..=,-- A ••� �" rn J� J. -A W �1 iPhldl:•.ry� . I ,i. r� ti�`!i a 1111.._.. :1 p F 1 n1 �i ■jit:a ro p �. J: o ,, �` A L al ..11. T7 mil Co p ii O . a 0 ... {Mr 1 ,, .„ g I 1-41-1111L CO 4 II`�� , to c b ic Co) a, •up: N RI ..-1 ■�i11u. * m >4 a!III\� Y T to •�- T. 1 1 t .V: .. .. T .,....1 CC N u a m CO I ii a z° ■,,.iir - w—,p 1 ••00i a � T 4 'qtr City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 9-10-09 Mike Raleigh MJ Raleigh Trucking Inc. PO Box 261 Stillwater, MN 55082 RE: 2009-2010 Snowplowing Agreement I have enclosed a fully executed copy our 2009-2010 snowplowing agreement as well as some large full color maps as requested. Please note that the insurance document provided to the City does expire in February, prior to the end date of this agreement. If you would ensure that this is replaced prior to such expiration. Thank Y £ Ot/ Eric Johnson City Administrator Cc; Weekly Notes Andy Kegley, Interim Director of Public orks 610 5112,/wtkiCr 08/31/2009 14:48 6514301908 KEISTER & KEISTER PAGE 01/01 r r I P ACQRI�,. CERTIFICATE OF LIABILITY INSURANCE DATE(M 0YYYY) 2/16/22 009 PRODUCER (651)430-1666 FAX: (651)430-1908 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Keister and Keister Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6750 Stillwater Blvd. N- ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 469 Stillwater MN 55082 INSURERS AFFORDING COVERAGE NAIC It INSURED INSURER A:Acuity Insurance Co. 14184 M J Raleigh Truckin Inc INSURER B: 15250 100th St. N. INSURER C: P.o. BOX 261 INSURER D; Stillwater MN 55082 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGa,-GATEyiMITS SHOWN MAY HAVF„f3F, V REDUGEp BY PAiDAIMS INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDIYY) DATE(MM/DD/YY) GENERAL LIABILITY ,E,ACFt OCCURRENCE i$ 1,000,000 DAMAGE TO RENTED 100,000 X COMMERCIAL GENERAL LIABILITY PRE (Ea acc�ammaal $ A X ,CLAIMS MADE I X'/OCCUR L18161 2/18/2009 2/18/2010 MEDEXP(Any oneperson) $ 10,000 • ; •„ ' ,►v RY $ 1,000,000 GENERALS DRF ATE $ 2,000,000, GEN'L AGGREGATE LIMIT APPLIES PER: 2.360 U,7S-COMP/pP AGG $ 2,000,000 X POLICY 7!FA, 7 Loc AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 3 1,000,000 (Ea aodaenU _ ANY AUTO — - A X X ALL OwNEO AUTOS L18161 2/18/2009 2/18/2010 BODILY INJURY $ (Per person) — SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per acUOenl) NON-OWNEOAUTOS — — — PROPERTY DAMAGE $ (Per accdent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY; $ ^_, EXCESS/UMBRELLA LIABILITY ,EACH OCCURRFNCE $ 3,000,000 x OCCUR —'CLAIMS MADE AGGREGATE $ 3,000,000 — A — DEDUCTIBLE L18161 2/18/2009 2/18/2010 S ~^ RETENTION $ lv�� AT�J OTH•($ A WORKERS COMPENSATION AND TORS LIMITS ER EMPLOYERS'LIABILITY 500 000 ANY PROPRIETOR/PARTNERtEXECUTIVE E.L.EACH ACCIDENT $ r OFFICER/MEMBER EXCLUDED? L18161 2/18/2009 2/18/2010 E.L.DISEASE EA EMPLOYEE$ 500,000 byes,OescrIbe under SPECIAL PROVISIONS Defoe/ •I A E•POLICY LIMIT $ 500 000 OTHER DESCRIPTION OF OPERATIONBILOCArONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Oak Park Heights as additional insured CERTIFICATE HOLDER CANCELLATION 439-0574 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF OAK PARK HEIGHTS EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 14168 NORTH 57TH STREET 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT O7,K PARK HEIGHTS, MN 55082 FA TO• SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSU-- ITS AGENTS OR REPRESENTATIVES. A ORIZEO REPRESENTATIV ACORD 25(2001/08) 0ACORD CORPORATION 1988 INS025(0108).0ft Pepe 1 of 2 t 1 CITY OF OAK PARK HEIGHTS AGREEMENT FOR ROADWAY SNOW REMOVAL AND SANDING Snowplowing Season: Approx. October 2009 through April 2010 1. PURPOSE/INTENT A. Roadway Sanding and Snowplowing The purpose of this agreement provides the City of Oak Park Heights (hereinafter City) and M.J. Raleigh Trucking, Inc. (hereinafter called Contractor) with a mutually acceptable agreement to provide planned and emergency scheduled roadway sanding and snowplowing operations on local City streets and roadways within the City of Oak Park Heights, Minnesota. B. Routes "A"Priority Routes identify high priority roads and slopes of concern; "B" Priority Routes identifies all other streets and areas. All routes become the Contractor's responsibility for sanding and snowplowing operations under the terms and conditions of this agreement. (Routes are depicted in "Exhibit A" as attached - "A" and "B" are provided only as a reference to the location and approximate scope of the services required under this agreement.) The City reserves the right to expand, decrease or modify the designated routes without prior written notice to the Contractor and without affecting any condition or provision contained within this agreement, including rates or compensation. Additional services shall be based on established rates. C. Administration This agreement shall be entered into with the City of Oak Park Heights, administered by the Public Works Director and under the direct operational supervision of the Public Works Director or his assigns. Page 1 of 16 2009-2010 Snowplowing Contract D. Roadway Sanding and Snowplowing Policies (1) The City's policy requires the sanding of all local streets, roads and cul-de- sacs whenever weather conditions make driving conditions hazardous. Sanding will be required during storms to maintain passable roadways and safe intersections. Following winter storms sanding operations will be coordinated with snowplowing operations. (2) The City's snow removal policy requires the removal of snow from face of curb (F-F) of ALL local streets, roads and cul-de-sacs after the accumulation of two (2) or more inches of snow. Routes are to be completed within approximately 8 hours of notification. "A" routes are always a priority and also shall be completed by 6:00 a.m. following an overnight storm. Per City Ordinance, no parking is allowed on public streets between 1:00 a.m. and 6:00 a.m. (3) Cul-de-sac snow removal will be by "wasting"to all properties within the cul- de-sac and leading to the cul-de-sac. Stock piling for later removal will only be performed under the direction of the City,when snowfall conditions are extreme. (4) Sanding operations shall normally utilize a minimum of 15% salt/sand mixture. E. Scope of Operations The Contractor shall provide a minimum of one (1) piece of equipment (two or more would be preferred) to perform the entire sanding operation. Minimum equipment required is a single axle dump truck with a 5 yard capacity sand spreader. Additional pieces of appropriate equipment may be used by the Contractor for any or all sanding operations with prior written approval of the City. The must Contractor provide a minimum of two (2) pieces of equipment to perform the entire snow removal operation. Wheel loader type equipment is preferred for "wasting" snow on cul-de-sacs. Additional pieces of equipment Page 2 of 16 2009-2010 Snowplowing Contract appropriate for each Route shall be used by the Contractor for any or all snow removal operations with prior written approval of the City. 2. LENGTH OF AGREEMENT A. This agreement shall be a singular annual agreement limited to the snow removal season commencing October 2009 through April 2010 inclusive. The Contractor shall be prepared for snow events during these months. B. This agreement may be terminated for good cause, including failure to perform in accordance with paragraphs agreement, by the City during the agreement period, subject to written notice being delivered by registered mail sent to the Contractor at the address referenced on the Proposal form. C. The City does not guarantee a minimum number of work hours for any sanding or plowing operation or duration of the agreement. 3. EQUIPMENT A. Dump Truck Trucks shall be a minimum single-axle, dual rear wheel drive, 26,000 G.V.W. vehicle equipped with a minimum 5 yard capacity sander and a front-end plow with a minimum length of 10.0'. If the optional wing plow is used, it shall have a combined moldboard width of 18.0'. B. Wheel Loader Wheel loaders shall be a rubber tired, articulated type having all-wheel drive and powered by an engine with a manufacturer's rating of at least 95 brake horsepower. It shall be equipped with a front bucket with a minimum of 2.5 cubic yards or a plow with a minimum width of 10.0 feet. An optional wing plow shall be equipped with"floating"down pressure. C. Motor Grader Page 3 of 16 2009-2010 Snowplowing Contract 4 4 Motor graders shall be an articulated type with a minimum 4-wheel drive powered by an engine with a minimum manufacturer's rating of at least 125 horsepower. It shall be hydraulically operated with a moldboard of 14.0' in length. If used in conjunction with the optional wing plow, it shall have a combined minimum width of 21.0'. D. Accessories& Safety Equipment All vehicles shall be properly equipped and outfitted to meet all local,county, state or federal laws required for on-the-road emergency snow removal operations. They shall provide the operator with full visibility in all directions and shall have a back-up warning system. The operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow the efficient and safe operation of that vehicle. The City reserves the right to reject at any time, without notice to the Contractor,any vehicle that does not appear to comply with all rules or regulations required for over-the-road snow removal operations. Rejection of vehicle acceptability will also take into consideration the condition and limitations of operation of the vehicle or its accessory equipment. E. Vehicle Designation/Replacements The Contractor shall provide to the City a copy of their certificate of title which includes the vehicle identification number (if available) and license plate number to the City within ten days of execution of this contract. After inspection by the City, those vehicles acceptable for performance under this contract will be verified by the City. Except for emergencies, any planned substitution or replacement of previously approved equipment shall require prior written approval by the City. 4. OPERATION & MAINTENANCE A. Operator The Contractor shall ensure that the operator provided with each piece of equipment is fully trained and properly licensed with the State of Minnesota to operate the bid vehicle or any anticipated replacement. The Contractor shall make Page 4 of 16 2009-2010 Snowplowing Contract 4 every effort possible to ensure that the same operators perform the sanding and plowing operations during the length of the agreement. B. Parts&Fuel The hourly rates contained herein shall cover all operation and maintenance expenses including but not limited to fuel, lubricants, supplies and support services, taxes, surcharges, etc. It shall also include depreciation on the vehicle and related equipment including the repair, maintenance and replacement of all materials and supplies including cutting edges and tire chain cross links. It shall also include all labor, tools and equipment necessary for making any and all repairs or replacements which may be necessary to keep and maintain the machine and all parts thereof in proper and safe working order and serviceable repair. C. Storage The Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection/shelter/storage for both the vehicle and operator. 5. HOURLY RATES A. Operators All hourly rates quoted shall include full operation by a qualified operator. B. Quantities All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.25 (quarter)hour. C. Premium/Overtime No premium calculation or additional adjustment shall be given to the rates quotes for any hours worked irregardless of day, date, time of day or consecutive hours worked in any given sanding operation or calendar week unless specifically provided for in the agreement under Section 7C. Page 5 of 16 2009-2010 Snowplowing Contract D. Nonproductive/Downtime The hourly rate shall be paid for the actual number of hours the machine is operated under the direction of the City. The City shall not be responsible for payment for any time taken for rest or meal breaks. However, the City will recognize payment for routine maintenance and emergency repairs or adjustments necessary to keep the machine properly operating. However, limited accumulated delay time for which payment will be made shall not exceed ten (10.0) percent of the actual working time required for any single snow event. This allowance shall be provided for only those pieces of equipment previously approved by the City for required sanding and snowplowing operations under this agreement. 6. PERFORMANCE REQUIREMENTS A. Personnel The Contractor shall provide the City with the name, address and active cellular telephone number(s) for at least two designated contact personnel responsible for insuring response to the City's request for services. The Contractor shall ensure that at least one of the contact persons is available and accessible 24 hours per day, seven days per week. B. Response Time The Contractor shall be able to respond and begin sanding operations within one (1) hour and no later than three (3) hours from the start time requested by the City for any given sanding request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide sanding services through the completion of the routes designated in the attached exhibits and as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to y Yg p work more than 16 consecutive hours without an eight hour break. The contractor is responsible for providing replacement personnel if sanding operations require more than 16 consecutive hours of operation. The 16 consecutive hours shall include all operations by the equipment operator, whenever under the City Page 6 of 16 2009-2010 Snowplowing Contract contract, operations under other contracts held by the Contractor, or by other employees of the operator. The Contractor shall be able to respond and begin snow removal operations within two (2) hours and no later than four (4) hours from the start time requested by the City for any given snow removal request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide snow removal services through the completion of the routes designated in the attached exhibits as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor will be responsible for providing replacement personnel if snow removal operations require more than 16 consecutive hours of operation. C. Down Time The Contractor shall ensure that all equipment provided is maintained in a proper manner and condition to minimize required maintenance or emergency repairs during the performance of sanding operations. If, once commencing a sanding operation,a piece of equipment becomes disabled and non-functioning for a period of three (3) consecutive hours, the Contractor shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City. The Contractor shall immediately notify the City if it cannot meet the requirements of this agreement due to disabled equipment or for any other reason. D. Communications The Contractor will maintain communications with the City through cellular phones at no cost to the City. The Contractor shall ensure that the operator maintains full availability for communication at all times during the sanding operations. The Contract will maintain continuous communications with their operators such that directions from the City can be passed to the operators in a timely fashion. Page 7 of 16 2009-2010 Snowplowing Contract E. Authority/Direction The Contractor and his designated operators shall respond to all directions given by the City in a positive, courteous and timely manner during the sanding and snow removal operations. The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence or insubordination or inability of the piece of equipment to function properly for the requested services. The Contractor shall begin the sanding and snow removal operations at a designated point and follow a specific progression as direction by the City. F. Law Obedience The Contractor and his designated operator shall be responsible for their actions and compliance with all regulatory laws and ordinances governing the operation of the machine while performing sanding operations for the City. G. Performance Bond or Cash Deposit The Contractor shall provide and maintain a performance bond or cash deposit in a manner acceptable to the City in the amount of $5,000 for the duration of this agreement. The City shall not file against or use this performance bond or cash deposit for any issue or matter not relating to nonperformance or noncompliance with this agreement. H. Non Performance The Contractor shall waive any and all objections, rights to objections and claims for additional compensation, damages or loss of revenue resulting from work performed by the City either prior to, during or after any scheduled or emergency operation in lieu of these contractual services as may be necessary due to non performance or excessive delays of the Contractor. Property Damage Page 8 of 16 2009-2010 Snowplowing Contract ' 1 41 The Contractor shall be responsible for any and all damages to private as well as public property (including public utilities) due to its own or its employee's negligence in performing of this contract operations. 7. COMPENSATION A. Payment Schedule All pay requests must be prepared and submitted by the Contractor as verified and approved by the Public Works Director. All pay requests so received and approved by the Public Works Director shall be processed and payment made by the City not less than 15 nor more than 30 days after receipt. B. Down Time No payment shall be made for any nonproductive or down time exceeding 10% of any singular operation. Compensable time shall include all time spent performing the sanding and snow removal operations subject to the exclusions identified herein and shall include travel time to and from the Contractor's base of operations or City limits,whichever is the shorter distance. C. Penalties and Bonuses A premium adjustment of$10.00 per hour per piece of equipment will be made for each hour worked between the hours of 12:00 a.m. to 12 midnight on Sundays and the holidays of Thanksgiving, Christmas,and New Years Day. 8. INSURANCE/LIABILITY/CLAIMS A. Indemnification The Contractor indemnifies, saves and holds harmless the City and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the Contractor's performance under this agreement. It is hereby understood and agreed that any and all employees of the Contractor and all other persons employed by the Contractor in the performance of services under this agreement, Page 9 of 16 2009-2010 Snowplowing Contract • required or provided for hereunder by the Contractor shall not be considered employees of the City and that any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any and all claims made by any third parties as a consequence of any act or omission on the part of said Contractor's employees while so engaged in the performance of these services, to be rendered herein by the Contractor shall, in no way, be the obligation or responsibility of the City. B. Insurance The Contractor shall, at his sole cost and expense, carry and maintain general and public liability and property damage insurance coverage of$600,000 for any one accident and $1,000,000 aggregate protecting the Contractor, his employees and the City against any and all claims of any kind or character whatsoever arising from damage, injury (including bodily injury or death) caused by or arising from the operation and use of the machine at the request of the City. Such insurance shall be in full force and effect during the time that the machine is operated at the request of the City. Such insurance policy shall provide for a minimum of 30 days written notice to the City Clerk of cancellation, non-renewal or material change of the required insurance coverage. The requirement and approval of this insurance by the City shall not in any way relieve or decrease the liability of the Contractor. It is expressly understood that the City does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Copies of the insurance certificates shall be filed with the City on execution of this agreement. C. Legal Compliance The Contractor agrees to comply with all State and Federal laws and local ordinances governing the employment of personnel including, but not limited to, Minnesota Statute Section 181.59 relating to discrimination in employment, and Section 290.07 requiring the certification of income tax withholding. Page 10 of 16 2009-2010 Snowplowing Contract 1 4 D. Claims The Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. 9. AGREEMENT APPROVAL CONSIDERATIONS A. Selection The City reserves the right to retain the services of the Contractor who, in the opinion of the City, can best provide the services requested under this agreement. Consideration shall be given to hourly rates, availability and condition of equipment, competency of operators, previous experience, response time and specific pieces of equipment so quoted. B. Combination of Quotations The City reserves the right to select any combination of equipment quoted for services requested in entering into this agreement. Only one hourly rate will be considered for each machine, but consideration will be given to any other rate or combination of rates not called for in this proposal if it is in the best interest of the City. 10. PROPOSED RATES The "Schedule of Prices" for each machine the Contractor proposes to furnish and such quotation shall be an hourly rate and it shall constitute a formal agreement between the Contractor and the City with no further revisions, addenda or exceptions acknowledged unless previously noted in writing and agreed upon. All required performance bonds, insurance certificates and additional requested information shall be submitted in a form acceptable to the City prior to the execution of the agreement by the City. 11. ADOPTED BY REFERENCE OF PROPOSAL The attached proposal of "schedule of prices" and description are adopted by reference as part of this agreement. Page 11 of 16 2009-2010 Snowplowing Contract • 12. RECORD DISCLOSURE/MONITORING PROCEDURES Pursuant to Minnesota Statues §16B.06, Subd. 4 (1990), the books, records, documents and accounting procedures and practices of the Contractor relevant to the Contract are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate. Contractor agrees to maintain these records for a period of three (3) years from the date of the termination of this Agreement. 13. EQUAL EMPLOYMENT OPPORTUNITY—CIVIL RIGHTS A. During the performance of this Agreement,the Contractor agrees to the following: No person shall,on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, creed, or nation of origin, be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination including but not limited to the Civil Rights Acts of 1964. g The Contractor will furnish the City all reports required by the Secretary of Labor, the Minnesota Department of Human Services for the purposes of investigation to ascertain compliance with such rules, regulations and orders. The provisions of Minnesota Statutes §181.59, regarding non-discrimination and violations related therefrom are incorporated in this paragraph by reference as an obligation of the Contractor. B. If during the term of this contract or any extension thereof, it is discovered that the Contractor is not in compliance with the applicable statues and regulations or if the Contractor engages in any discriminatory practices, then the City may cancel this agreement as provided by the cancellation clause. Page 12 of 16 2009-2010 Snowplowing Contract IN WITNESS WHEROF,the parties have set forth their hands and seals this 10 day of P ,2009. CONTRACTOR—M.J.RALEIGH TRUCKING,Inc. By: 7.1 ed7_, / Mike Raleigh Its: Owner/CFO ., I CITY OF 0 ' ,`!; G . S• By: I ,_`j , l David B- det Date M•, • I 9 /0 to y c Johnson Date ity Administrator Page 13 of 16 2009-2010 Snowplowing Contract .4 SCHEDULE OF PRICES PROPOSED 2009/2010 SNOW PLOW CONTRACT EQUIPMENT RATES CITY OF OAK PARK HEIGHTS Hourly Equipment Unit Type of Equipment Year Rate No. Standby Fee 12G Cat grader w/wing 1986 $125.00 LIMITED TO 5 months only 720A Champion grader w/wing 1991 $125.00 November, December 120 Cat grader w/wing 1998 $125.00 January, February and 950G Cat Loader w/ 12' plow 1999 $119.00 March 950B Cat Loader w/ 12' plow 1989 $119.00 Four pieces of 980F cat loader w/7 yard bucket 1979 $119.00 Equipment at$400 each 980B cat loader w/ 6 yard bucket (spare) 1977 $119.00 Monthly fee= $1600 545 Ford Tractor w/ 11' plow 1998 $104.00 Total standby fee= 97 Mack Tandem w/ 12' plow & sander 1994 $83.00 $8,000 for contract 93 Mack Tandem w/ 12' plow & sander 1993 $83.00 Material Costs Type of Sand $/ton Sand (no salt) NA Sand/15% salt $19.00 Sand/20% salt $21.00 Sand/25% salt $24.00 5% salt/ 10% liquid $24.00 Salt/ no sand NA Other NA Page 14 of 16 2009-2010 Snowplowing Contract • r. Exhibit A—Routes - (See Map on Next Page) Page 15 of 16 2009-2010 Snowplowing Contract ■ 0 (\ to � ' a -"rill ll:u%li '�" 4 L %t -I■ 1—.I.1r■.411 unl m■■ _ .4■ 0.. ru■■no nrl IIItAi1r ( 14 rDI1 Al■ ■ ._J V) ■ N11.'1 ye lig Nils NMI;pi.- I 8. .iii■.■ �:in IL�?� r fi ii _ it If Il 1.oat fr r.T 0.. lonintiagtris 0:girl I s Z to ►L�u.a. >,ice•s::_= = _ x Ua► 0) ...Gm. re :. . _win a-I q � _ W W r...)11 I" 61111011:41: - I - X..t 114,1011111 ■..1 a � c ' .: i fl 11 W *1. 1 j I ::'CO w MINK 'r I ■ �0 co A 4, Co L 0 �� .n4L m ►c��I� • 4A d Z X ■4,*411W 4 • s.. V• ri:Paumtt t: co S. m x '� a a D 3 v o .o u 2 D. o �` C Q [o Z W 4 it"--,, 1 , Page 16 of 16 ��*� l 1tii 2009-2010 pl. 'ng Contract �► 7_,P) rZi. 1 7._–■. k Z 1 * Lc,. 1 1 In Z CO > M 4 411 . Gs A o TJ CO NA, Ain i-ii. /N,Nii 0. X 73 0 0 -p N.1&Rik mow 1104 M .I/11li► .... 4. 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PURPOSE/INTENT A. Roadway Sanding and Snowplowing The purpose of this agreement provides the City of Oak Park Heights (hereinafter City) and the successful proposer(hereinafter called Contractor)with a mutually acceptable agreement to provide planned and emergency scheduled roadway sanding and snowplowing operations on local City streets and roadways within the City of Oak Park Heights, Minnesota. The City of Oak Park Heights has limited road sanding capability. Oak Park Heights Public Works will provide immediate response for sanding of priority roads and the Contractor will provide ongoing sanding operations of all routes. B. Routes "A"routes identify high priority roads and"B"identifies"All Streets"that will be assigned to the Contractor and will become the Contractor's responsibility for sanding and snowplowing operations under the terms and conditions of this agreement. There has been discussion about the chance that 60th Street North(hwy 36 frontage road) may be shifted from MNDOT to City Maintenance. Such a change would be added to the A streets (priority road) for snow removal. "A" and `B" are provided only as a reference to the location and approximate scope of the services required under this agreement. The City reserves the right to expand, decrease or modify the designated routes without prior notice to the 1 t 1 t c' Contractor and without affecting any condition or provision contained within this agreement, including rates or compensation. C. Administration This agreement shall be entered into with the City Council of the City of Oak Park Heights, administered by the Public Works Director and under the direct operational supervision of the Public Works Director and or Public Works Foreman. D. Roadway Sanding and Snowplowing Policies (1) The City's policy requires the sanding of all local streets,roads and cul-de- sacs whenever weather conditions make driving conditions hazardous. Sanding will be required during storms to maintain passable roadways and safe intersections. Following winter storms sanding operations will be coordinated with snowplowing operations. (2)The City's snow removal policy requires the removal of snow from face of curb (F-F) of all local streets,roads and cul-de-sacs after the accumulation of two (2) or more inches of snow. Routes are to be completed within 8 hours of notification and when possible, A routes are to be completed by 6:00 a.m. following an overnight storm. No parking is allowed on public streets between 1:00 a.m. and 6:00 a.m. (3) It is the intention of the City to retain the services of the Contractor for each weather event requiring sanding and or snowplowing. Snowplowing is generally required eight to ten times per year or more. Cul-de-sac snow removal will be by "wasting"to all properties within the cul-de- sac and leading to the cul-de-sac. Stock piling for later removal will only be performed under the direction of the City, when snowfall conditions are extreme. Sanding operations will normally utilize a minimum of 15% salt/sand mixture. 2 f AP E. Scope of Operations It is the intent of the City that the Contractor provide a minimum of one (1)piece of equipment(two or more would be preferred)to perform the entire sanding operation. Minimum equipment required is a single axle dump truck with a 5 yard capacity sand spreader. Additional pieces of appropriate equipment may be used by the Contractor for any or all sanding operations with prior written approval of the City. It is the intent of the City that the Contractor provide a minimum of two (2)pieces of equipment to perform the entire snow removal operation. Wheel loader type equipment is preferred for"wasting" snow on cul-de-sacs. Additional pieces of equipment appropriate for each Route may be used by the Contractor for any or all snow removal operations with prior written approval of the City. 2. LENGTH OF AGREEMENT A. This agreement shall be a singular annual agreement limited to the snow removal season commencing October 2008 through April 2009 inclusive. This agreement may be renewed by written mutual consent of both the City and the Contractor. B. This agreement may be terminated for good cause, including failure to perform in accordance with paragraphs 1.d and 6 of this agreement,by the City during the agreement period, subject to written notice being delivered by registered mail sent to the Contractor at the address referenced on the Proposal form. C. The City cannot and will not guarantee a minimum number of work hours for any sanding or plowing operation or duration of the agreement. 3. EQUIPMENT A. Dump Truck Trucks shall be a minimum single-axle, dual rear wheel drive, 26,000 G.V.W. vehicle equipped with a minimum 5 yard capacity sander and a front-end plow 3 i a 7 Y J with a minimum length of 10.0'. If the optional wing plow is used, it shall have a combined moldboard width of 18.0'. B. Wheel Loader Wheel loaders shall be a rubber tired, articulated type having all-wheel drive and powered by an engine with a manufacturer's rating of at least 95 brake horsepower. It shall be equipped with a front bucket with a minimum of 2.5 cubic yards or a plow with a minimum width of 10.0 feet. An optional wing plow shall be equipped with"floating"down pressure. C. Motor Grader Motor graders shall be an articulated type with a minimum 4-wheel drive powered by an engine with a minimum manufacturer's rating of at least 125 horsepower. It shall be hydraulically operated with a moldboard of 14.0' in length. If used in conjunction with the optional wing plow, it shall have a combined minimum width of 21.0'. D. Accessories & Safety Equipment All vehicles shall be properly equipped and outfitted to meet all local, county, state or federal laws required for on-the-road emergency snow removal operations. They shall provide the operator with full visibility in all directions and shall have a back-up warning system. The operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow the efficient and safe operation of that vehicle. The City reserves the right to reject at any time,without notice to the Contractor, any vehicle that does not appear to comply with all rules or regulations required for over-the-road snow removal operations. Rejection of vehicle acceptability will also take into consideration the condition and limitations of operation of the vehicle or its accessory equipment. E. Vehicle Designation/Replacements The Contractor shall provide to the City a copy of their certificate of title which includes the vehicle identification number(if available) and license plate number to the City within ten days of execution of this contract. After inspection by the City, those vehicles acceptable for performance under this contract will be verified 4 y a J • by the City. Except for emergencies, any planned substitution or replacement of previously approved equipment shall require prior written approval by the City. 4. OPERATION&MAINTENANCE A. Operator The Contractor shall ensure that the operator provided with each piece of equipment is fully trained and properly licensed with the State of Minnesota to operate the bid vehicle or any anticipated replacement. The Contractor shall make every effort possible to ensure that the same operators perform the sanding and plowing operations during the length of the agreement. B. Parts &Fuel The hourly rates contained herein shall cover all operation and maintenance expenses including but not limited to fuel, lubricants, supplies and support services. It shall also include depreciation on the vehicle and related equipment including the repair, maintenance and replacement of all materials and supplies including cutting edges and tire chain cross links. It shall also include all labor, tools and equipment necessary for making any and all repairs or replacements which may be necessary to keep and maintain the machine and all parts thereof in proper and safe working order and serviceable repair. C. Storage The Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection/shelter/storage for both the vehicle and operator. 5. HOURLY RATES A. Operators All hourly rates quoted shall include full operation by a qualified operator. B. Quantities All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.25 (quarter)hour. C. Premium/Overtime 5 • J �. J T j • No premium calculation or additional adjustment shall be given to the rates quotes for any hours worked irregardless of day, date,time of day or consecutive hours worked in any given sanding operation or calendar week unless specifically provided for in the agreement under Section 7C. D. Nonproductive/Downtime The hourly rate shall be paid for the actual number of hours the machine is operated under the direction of the City. The City shall not be responsible for payment for any time taken for rest or meal breaks. However,the City will recognize payment for routine maintenance and emergency repairs or adjustments necessary to keep the machine properly operating. However, limited accumulated delay time for which payment will be made shall not exceed ten(10.0)percent of the actual working time required for any single snow event. This allowance shall be provided for only those pieces of equipment previously approved by the City for required sanding and snowplowing operations under this agreement. 6. PERFORMANCE REQUIREMENTS A. Personnel The Contractor shall provide the City with the name, address and telephone number(s) for at least two designated contact personnel responsible for insuring response to the City's request for services. The Contractor shall ensure that at least one of the contact persons is available and accessible 24 hours per day, seven days per week. B. Response Time The Contractor shall be able to respond and begin sanding operations within one (1)hour and no later than three (3)hours from the start time requested by the City for any given sanding request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide sanding services through the completion of the routes designated in the attached exhibits and as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor 6 will be responsible for providing replacement personnel if sanding operations require more than 16 consecutive hours of operation. The 16 consecutive hours shall include all operations by the equipment operator, whenever under the City contract, operations under other contracts held by the Contractor, or other p Y � by employees of the operator. The Contractor shall be able to respond and begin snow removal operations within two (2)hours and no later than four(4) hours from the start time requested by the City for any given snow removal request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide snow removal services through the completion of the routes designated in the attached exhibits as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor will be responsible for providing replacement personnel if snow removal operations require more than 16 consecutive hours of operation. C. Down Time The Contractor shall ensure that all equipment provided is maintained in a proper manner and condition to minimize required maintenance or emergency repairs during the performance of sanding operations. If, once commencing a sanding operation, a piece of equipment becomes disabled and non-functioning for a period of three (3) consecutive hours,the Contractor shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City. D. Communications The Contractor will maintain communications with the City through cellular phones at no cost to the City. The Contractor shall ensure that the operator maintains full availability for communication at all times during the sanding operations. The Contract will maintain continuous communications with their operators such that directions from the City can be passed to the operators in a timely fashion. E. Authority/Direction The Contractor and his designated operators shall respond to all directions given by the City in a positive, courteous and timely manner during the sanding and snow removal operations. The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence or insubordination or inability of the piece of equipment to function properly for the requested services. The Contractor shall begin the sanding and snow removal operations at a designated point and follow a specific progression as direction by the City. F. Law Obedience The Contractor and his designated operator shall be responsible for their actions and compliance with all regulatory laws and ordinances governing the operation of the machine while performing sanding operations for the City. G. Performance Bond or Cash Deposit The Contractor shall provide and maintain a performance bond or cash deposit in a manner acceptable to the City in the amount of$5,000 for the duration of this agreement. The City shall not file against or use this performance bond or cash deposit for any issue or matter not relating to nonperformance or noncompliance with this agreement. H. Non Performance The Contractor shall waive any and all objections,rights to objections and claims for additional compensation, damages or loss of revenue resulting from work performed by the City either prior to, during or after any scheduled or emergency operation in lieu of these contractual services as may be necessary due to non performance or excessive delays of the Contractor. Property Damage The Contractor shall be responsible for any and all damages to private as well as public property(including public utilities) due to its own or its employee's negligence in performing of this contract operations. 7. COMPENSATION A. Payment Schedule 8 All pay requests must be prepared and submitted by the Contractor as verified and approved by the Public Works Director. All pay requests so received and approved by the Public Works Director shall be processed and payment made by the City not less than 15 nor more than 30 days after receipt. B. Down Time No payment shall be made for any nonproductive or down time exceeding 10% of any singular operation. Compensable time shall include all time spent performing the sanding and snow removal operations subject to the exclusions identified herein and shall include travel time to and from the Contractor's base of operations or City limits,whichever is the shorter distance. C. PENALTIES AND BONUSES A premium adjustment of$10.00 per hour per piece of equipment will be made for each hour worked between the hours of 12:00 a.m. to 12 midnight on Sundays and the holidays of Thanksgiving, Christmas, and New Years Day. 8. INSURANCE/LIABILITY/CLAIMS A. Indemnification The Contractor indemnifies, saves and holds harmless the City and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the Contractor's performance under this agreement. It is hereby understood and agreed that any and all employees of the Contractor and all other persons employed by the Contractor in the performance of services under this agreement, required or provided for hereunder by the Contractor shall not be considered employees of the City and that any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any and all claims made by any third parties as a consequence of any act or omission on the part of said Contractor's employees while so engaged in the performance of these services,to be rendered herein by the Contractor shall, in no way, be the obligation or responsibility of the City. B. Insurance 9 4 r • , The Contractor shall, at his sole cost and expense, carry and maintain general and public liability and property damage insurance coverage of$600,000 for any one accident and $1,000,000 aggregate protecting the Contractor, his employees and the City against any and all claims of any kind or character whatsoever arising from damage, injury (including bodily injury or death) caused by or arising from the operation and use of the machine at the request of the City. Such insurance shall be in full force and effect during the time that the machine is operated at the request of the City. Such insurance policy shall provide for a minimum of 30 days written notice to the City Clerk of cancellation, non-renewal or material change of the required insurance coverage. The requirement and approval of this insurance by the City shall not in any way relieve or decrease the liability of the Contractor. It is expressly understood that the City does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Copies of the insurance certificates shall be filed with the City on execution of this agreement. C. Legal Compliance The Contractor agrees to comply with all State and Federal laws and local ordinances governing the employment of personnel including,but not limited to, Minnesota Statute Section 181.59 relating to discrimination in employment, and Section 290.07 requiring the certification of income tax withholding. D. Claims The Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. 9. AGREEMENT APPROVAL CONSIDERATIONS A. Selection The City reserves the right to retain the services of the Contractor who, in the opinion of the City, can best provide the services requested under this agreement. Consideration shall be given to hourly rates, availability and condition of equipment, competency of operators, previous experience, response time and specific pieces of equipment so quoted. 10 B. Combination of Quotations The City reserves the right to select any combination of equipment quoted for services requested in entering into this agreement. Only one hourly rate will be considered for each machine, but consideration will be given to any other rate or combination of rates not called for in this proposal if it is in the best interest of the City. 10. BID PROPOSALS A quotation is to be entered in the schedule of prices for each machine the Contractor proposes to furnish and such quotation shall be an hourly rate. All proposals must be type written or printed in ink and properly signed by an officer of the company. If the submitted proposal is accepted by the City and properly countersigned, it shall constitute a formal agreement between the Contractor and the City with no further revisions, addenda or exceptions acknowledged unless previously noted in writing on the bid proposal form. All required performance bonds, insurance certificates and additional requested information shall be submitted in a form acceptable to the City upon execution of the agreement and request by the City. 11. ADOPTED BY REFERENCE OF PROPOSAL The attached proposal, schedule of prices and description are adopted by reference as part of this agreement. 12. RECORD DISCLOSURE/MONITORING PROCEDURES Pursuant to Minnesota Statues §16B.06, Subd. 4 (1990), the books,records, documents and accounting procedures and practices of the Contractor relevant to the Contract are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate. Contractor agrees to maintain these records for a period of three (3)years from the date of the termination of this Agreement. 11 13. EQUAL EMPLOYMENT OPPORTUNITY—CIVIL RIGHTS A. During the performance of this Agreement,the Contractor agrees to the following: No person shall, on the grounds of race, color,religion, age, sex, disability, marital status, public assistance status, creed, or nation of origin, be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination including but not limited to the Civil Rights Acts of 1964. The Contractor will furnish the City all reports required by the Secretary of Labor, the Minnesota Department of Human Services for the purposes of investigation to ascertain compliance with such rules, regulations and orders. The provisions of Minnesota Statutes §181.59, regarding non-discrimination and violations related therefrom are incorporated in this paragraph by reference as an obligation of the Contractor. B. If during the term of this contract or any extension thereof, it is discovered that the Contractor is not in compliance with the applicable statues and regulations or if the Contractor engages in any discriminatory practices,then the City may cancel this agreement as provided by the cancellation clause. IN WITNESS WHEROF,the parties have set forth their hands and seals this day of , 2008. `` By: r /. Signature ri),e , 'RC t-■ I. 1 -() Name(Please Print) For: �), r RaLtipv k t)C'c I n r► C, Company Its: Dr Title 12 CITY OF OAK PARK HEIGHTS 4gri % By: telf ..� David Beaudet Date May , f / to - . 6 o son Date Cit A dministrator 13 I - ! • y r t a ' . s SCHEDULE OF PRICES PROPOSED 2008/2009 SNOW PLOW CONTRACT EQUIPMENT RATES CITY OF OAK PARK HEIGHTS 2007/2008 Hourly Equipment Unit Type of Equipment Year Rate No. Standby Fee 12G Cat grader w/wing 1986 $125.00 5 months 720A Champion grader w/wing 1991 $125.00 November, December 120 Cat grader w/wing 1998 $125.00 January, February and 950G Cat Loader w/ 12' plow 1999 $119.00 Marc 950B Cat Loader w/ 12' plow 1989 $119.00 Arse'pieces of 980F cat loader w/ 7 yard bucket 1979 $119.00 Equipment at$4p0 each 980B cat loader w/6 yard bucket (spare) 1977 $119.00 Monthly fee= $1200 545 Ford Tractor w/ 11' plow 1998 $104.00 Total standby fee = 97 Mack Tandem w/ 12' plow & sander 1994 $83.00 $6000 f r contract 93 Mack Tandem w/ 12' plow & sander 1993 $83.00 %,0, Material Costs Type of Sand $/ton (40-Y _x (wk.) Sand (no salt) Sand/15% salt $19.00 1/,,2 3Y(31 S'+):7 Sand/20% salt $21.00 Sand/25% salt $24.00 5% salt/ 10% liquid $24.00 Salt/ no sand Other ✓1 Estimated costs for a ding repaired 60th St et Ngrh to Priority routes is urr$500 per snow event. y6 g M. J. Raleigh Tr ing, Inc. date 14 • r • ' s . . $ • w y" ` l+ x , fiat i r CO - "^ - 0 i c ,711,,, *-, , i ' . A ` "- 1 f .� _ .. r x' - Alin, W Cr)C w ' a � k ;1 x i - ji 1 kx ` " W _1. x i" 1: t i 1 �1 ,� iii ' . '4 _ ' r/ • _ L Y Q r�lt, `t'. i ;;i 0 ) ! Y ,;;t.._ k tie V, z . , r W y ‘-l"„7++ W'I' MINIS T III. } ' ■ W i, i �� 'I'L.'''' . i Q a CL 0 ' • , 1 , 1 t 1 , • 1 I . i _ j. f , , : ,r I ti \ �.. . b 1 i r, l 10/09/2008 11:40 6514301908 KEISTER & KEISTER PAGE 01/01 • • • • c _ •• • . •,,, -t • • r ,4 . • • DATE(MMEDDNYYY) ACORD,. CERTIFICATE OF !LIABILITY INSURANCE 10/9/2008 PRODUCER (651)430-1666 FAX: (651)430-1908 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Keister and Keister Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6750 Stillwater Blvd. N. ' ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 469 Stillwater MN 55082 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Acuity Insurance Co. 14184 M J Raleigh Truckin Inc INSURER B 15250 100th St. N. INSURER C: P.o_ BOX 261 INSURER D: Stillwater MN 55082 INSURER F COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LI l E 5LIOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IN.TR ADM_ POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE(MMfODPM DhY DA1EIMM/DY) A GENERAL LIABILITY EACH OCCURRENCE 1$ 1,000,000 DAMAGE TO RENTED 100,000 X COMMERCIAL GENERAL LIABILITY PREMISES I PREMISES/Ea acwanc'v+) X CLAIMS MADE X OCCUR CCS16161 2/18/2009 2/18/2009 mpg)EXP(Any one person) S 5,000 PFRSONAL 8 ADV INJURY S 1,000,000 —~ GENERAL AGGREGATE 3 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPtOP AGO $ 2,000,000 J POLICY t IECT LOC ... f• A AUTOMOBILE LIABILITY ��' COMBINED SINGLE LIMIT 1,000,000 _ ANY AUTO (Ee erddent) X X ALLOWNEDAUTOS CAL1B161 2/18/2008 2/18/2009 BODILY INJURY ^_.' (Par ParsonJ $ SCHEDULED AUTOS r-- X HIRED AUTOS BODILY INJURY 4 X NON.OVrNEO AUTOS (Per sccldenl) ^^ PROPERTY DAMAGE $ (Per dec dent) GARAGE LIABILITY FAUTO ONLY.EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ — AUTO ONLY: g A EXCESS(UMBRELLA LIABILITY FAf HOCCURRF_NCE r,7 2,000,000 r OCCUR CLAIMS MADE AGGREGATE ,i1 3,000,000 DEDUCTIBLE CUT-18161 2/18/2008 2/18/2009 ,'"- h I RETENTION $ — A WORKERS COMPENSATION AND QTY L(MPYS_ 4ER EMPLOYERS'LIABILITY 1 ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT. $ 500,000 OFFICERIMEMBERExCLUDED7 CWCL18161 2/18/2008 2/18/2009 E.L.DISEASE-EAEMPLOYEES 500,000, II yes.dea b under 500 000 SPECIAL PROVISIONSba14w , E.L.DISEIAIE-POLICYLIMJT $ , _ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLEStEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Oak Park Heights as additional insvzsd CERTIFICATE HOLDER CANCELLATION SHOULD ANY OK THE ABOVE OESCRIBED PDUCIES'BE CANCELLED BEFORE THE CITY OF OAK PARK HEIGHTS EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 14168 NORTH 57TH STREET 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT OAK PARK HEIGHTS, MN 55082 FA/LIRE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS DR REPRESENTATIVES. . AUTHOR/ZED REPRESENTATIVE ��—� Steven ?sister/STEVE ,�. ACORD 25(2001/08) 0 ACORD CORPORATION 1988 INS025(E1osl.ose Pee 1 o12 CITY OF OAK PARK HEIGHTS AGREEMENT FOR ROADWAY SNOW REMOVAL AND SANDING October 2007 through April 2008 1. PURPOSE/INTENT A. Roadway Sanding and Snowplowing City of Oak Park Heights (hereinafter The purpose of this agreement provides the Ci y g ( City) and the successful proposer(hereinafter called Contractor)with a mutually acceptable agreement to provide planned and emergency scheduled roadway sanding and snowplowing operations on local City streets and roadways within the of Oak Park Heights, Minnesota. The City of Oak Park Heights has limited City g Y road sanding capability. Oak Park Heights Public Works will provide immediate response for sanding of priority roads and the Contractor will provide ongoing sanding operations of all routes. B. Routes "A"routes identify high priority roads and"B"identifies"All Streets"that will be assigned to the Contractor and will become the Contractor's responsibility for sanding and snowplowing operations under the terms and conditions of this agreement. chance that 60th Street North(hwy 36 frontage There has been discussion about the than ( Y road)may be shifted from MNDOT to City Maintenance. Such a change would be added to the A streets (priority road) for snow removal. "A"and "B" are provided only as a reference to the location and approximate scope of the services required under this agreement. The City reserves the right to expand, decrease or modify the designated routes without prior notice to the 1 Contractor and without affecting any condition or provision contained within this agreement, including rates or compensation. C. Administration This agreement shall be entered into with the City Council of the City of Oak Park Heights, administered by the Public Works Director and under the direct operational supervision of the Public Works Director and or Public Works Foreman. D. Roadway Sanding and Snowplowing Policies (1) The City's policy requires the sanding of all local streets,roads and cul-de- sacs whenever weather conditions make driving conditions hazardous. Sanding will be required during storms to maintain passable roadways and safe intersections. Following winter storms sanding operations will be coordinated with snowplowing operations. (2)The City's snow removal policy requires the removal of snow from face of curb (F-F) of all local streets, roads and cul-de-sacs after the accumulation of two (2) or more inches of snow.Routes are to be completed within 8 hours of notification and when possible, routes are to be completed by 6:00 a.m. following an overnight storm. No parking is allowed on public streets between 1:00 a.m. and 6:00 a.m. (3) It is the intention of the City to retain the services of the Contractor for each weather event requiring sanding and or snowplowing. Snowplowing is generally required eight to ten times per year. Cul-de-sac snow removal will be by"wasting"to all properties within the cul-de- sac and leading to the cul-de-sac. Stock piling for later removal will only be performed under the direction of the City,when snowfall conditions are extreme. Sanding operations will utilize a minimum of 15%salt/sand mixture. 2 E. Scope of Operations It is the intent of the City that the Contractor provide a minimum of one (1)piece of equipment (two or more would be preferred) to perform the entire sanding operation. Minimum equipment required is a single axle dump truck with a 5 yard capacity sand spreader. Additional pieces of appropriate equipment may be used by the Contractor for any or all sanding operations with prior written approval of the City. It is the intent of the City that the Contractor provide a minimum of two (2)pieces of equipment to perform the entire snow removal operation. Wheel loader type equipment is preferred for"wasting" snow on cul-de-sacs. Additional pieces of equipment appropriate for each Route may be used by the Contractor for any or all snow removal operations with prior written approval of the City. 2. LENGTH OF AGREEMENT A. This agreement shall be a singular annual agreement limited to the snow removal season commencing October 2007 through April 2008 inclusive. This agreement may be renewed by written mutual consent of both the City and the Contractor. B. This agreement may be terminated for good cause, including failure to perform in accordance with paragraphs 1.d and 6 of this agreement,by the City during the agreement period,subject to written notice being delivered by registered mail sent to the Contractor at the address referenced on the Proposal form. C. The City cannot and will not guarantee a minimum number of work hours for any sanding or plowing operation or duration of the agreement. 3. EQUIPMENT A. Dump Truck Trucks shall be a minimum single-axle, dual rear wheel drive,26,000 G.V.W. vehicle equipped with a minimum 5 yard capacity sander and a front-end plow 3 • with a minimum length of 10.0'. If the optional wing plow is used, it shall have a combined moldboard width of 18.0'. B. Wheel Loader Wheel loaders shall be a rubber tired, articulated type having all-wheel drive and powered by an engine with a manufacturer's rating of at least 95 brake horsepower. It shall be equipped with a front bucket with a minimum of 2.5 cubic yards or a plow with a minimum width of 10.0 feet. An optional wing plow shall be equipped with"floating"down pressure. C. Motor Grader Motor graders shall be an articulated type with a minimum 4-wheel drive powered by an engine with a minimum manufacturer's rating of at least 125 horsepower. It shall be hydraulically operated with a moldboard of 14.0' in length. If used in conjunction with the optional wing plow, it shall have a combined minimum width of 21.0'. D. Accessories&Safety Equipment All vehicles shall be properly equipped and outfitted to meet all local,county, state or federal laws required for on-the-road emergency snow removal operations. They shall provide the operator with full visibility in all directions and shall have a back-up warning system. The operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow the efficient and safe operation of that vehicle. The City reserves the right to reject at any time,without notice to the Contractor, any vehicle that does not appear to comply with all rules or regulations required for over-the-road snow removal operations. Rejection of vehicle acceptability will also take into consideration the condition and limitations of operation of the vehicle or its accessory equipment. E. Vehicle Designation/Replacements The Contractor shall provide to the City a copy of their certificate of title which includes the vehicle identification number(if available) and license plate number to the City within ten days of execution of this contract. After inspection by the City, those vehicles acceptable for performance under this contract will be verified 4 by the City. Except for emergencies, any planned substitution or replacement of previously approved equipment shall require prior written approval by the City. 4. OPERATION &MAINTENANCE A. Operator The Contractor shall ensure that the operator provided with each piece of equipment is fully trained and properly licensed with the State of Minnesota to operate the bid vehicle or any anticipated replacement. The Contractor shall make every effort possible to ensure that the same operators perform the sanding and plowing operations during the length of the agreement. B. Parts &Fuel The hourly rates contained herein shall cover all operation and maintenance expenses including but not limited to fuel, lubricants, supplies and support services. It shall also include depreciation on the vehicle and related equipment including the repair, maintenance and replacement of all materials and supplies including cutting edges and tire chain cross links. It shall also include all labor, tools and equipment necessary for making any and all repairs or replacements which may be necessary to keep and maintain the machine and all parts thereof in proper and safe working order and serviceable repair. C. Storage The Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection/shelter/storage for both the vehicle and operator. 5. HOURLY RATES A. Operators All hourly rates quoted shall include full operation by a qualified operator. B. Quantities All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.25 (quarter)hour. C. Premium/Overtime 5 No premium calculation or additional adjustment shall be given to the rates quotes for any hours worked irregardless of day, date, time of day or consecutive hours worked in any given sanding operation or calendar week unless specifically provided for in the agreement under Section 7C. D. Nonproductive/Downtime The hourly rate shall be paid for the actual number of hours the machine is operated under the direction of the City. The City shall not be responsible for payment for any time taken for rest or meal breaks. However, the City will recognize payment for routine maintenance and emergency repairs or adjustments necessary to keep the machine properly operating. However, limited accumulated delay time for which payment will be made shall not exceed ten(10.0)percent of the actual working time required for any single snow event. This allowance shall be provided for only those pieces of equipment previously approved by the City for required sanding and snowplowing operations under this agreement. 6. PERFORMANCE REQUIREMENTS A. Personnel The Contractor shall provide the City with the name, address and telephone number(s) for at least two designated contact personnel responsible for insuring response to the City's request for services. The Contractor shall ensure that at least one of the contact persons is available and accessible 24 hours per day, seven days per week. B. Response Time The Contractor shall be able to respond and begin sanding operations within one (1)hour and no later than three(3) hours from the start time requested by the City for any given sanding request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide sanding services through the completion of the routes designated in the attached exhibits and as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor 6 will be responsible for providing replacement personnel if sanding operations require more than 16 consecutive hours of operation. The 16 consecutive hours shall include all operations by the equipment operator,whenever under the City contract, operations under other contracts held by the Contractor, or by other employees of the operator. The Contractor shall be able to respond and begin snow removal operations within two (2)hours and no later than four(4)hours from the start time requested by the City for any given snow removal request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide snow removal services through the completion of the routes designated in the attached exhibits as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor will be responsible for providing replacement personnel if snow removal operations require more than 16 consecutive hours of operation. C. Down Time The Contractor shall ensure that all equipment provided is maintained in a proper manner and condition to minimize required maintenance or emergency repairs during the performance of sanding operations. If, once commencing a sanding operation, a piece of equipment becomes disabled and non-functioning for a period of three(3)consecutive hours,the Contractor shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City. D. Communications The Contractor will maintain communications with the City through cellular phones at no cost to the City. The Contractor shall ensure that the operator maintains full availability for communication at all times during the sanding operations. The Contract will maintain continuous communications with their operators such that directions from the City can be passed to the operators in a timely fashion. E. Authority/Direction 7 The Contractor and his designated operators shall respond to all directions given by the City in a positive, courteous and timely manner during the sanding and snow removal operations. The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence or insubordination or inability of the piece of equipment to function properly for the requested services. The Contractor shall begin the sanding and snow removal operations at a designated point and follow a specific progression as direction by the City. F. Law Obedience The Contractor and his designated operator shall be responsible for their actions and compliance with all regulatory laws and ordinances governing the operation of the machine while performing sanding operations for the City. G. Performance Bond or Cash Deposit The Contractor shall provide and maintain a performance bond or cash deposit in a manner acceptable to the City in the amount of$5,000 for the duration of this agreement. The City shall not file against or use this performance bond or cash deposit for any issue or matter not relating to nonperformance or noncompliance with this agreement. H. Non Performance The Contractor shall waive any and all objections,rights to objections and claims for additional compensation, damages or loss of revenue resulting from work performed by the City either prior to,during or after any scheduled or emergency operation in lieu of these contractual services as may be necessary due to non performance or excessive delays of the Contractor. Property Damage The Contractor shall be responsible for any and all damages to private as well as public property(including public utilities) due to its own or its employee's negligence in performing of this contract operations. 7. COMPENSATION A. Payment Schedule 8 All pay requests must be prepared and submitted by the Contractor as verified and approved by the Public Works Director. All pay requests so received and approved by the Public Works Director shall be processed and payment made by the City not less than 15 nor more than 30 days after receipt. B. Down Time No payment shall be made for any nonproductive or down time exceeding 10% of any singular operation. Compensable time shall include all time spent performing the sanding and snow removal operations subject to the exclusions identified herein and shall include travel time to and from the Contractor's base of operations or City limits,whichever is the shorter distance. C. PENALTIES AND BONUSES A premium adjustment of$10.00 per hour per piece of equipment will be made for each hour worked between the hours of 12:00 a.m. to 12 midnight on Sundays and the holidays of Thanksgiving, Christmas, and New Years Day. 8. INSURANCE/LIABILITY/CLAIMS A. Indemnification The Contractor indemnifies, saves and holds harmless the City and all of its agents and employees of and from any and all claims,demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the Contractor's performance under this agreement. It is hereby understood and agreed that any and all employees of the Contractor and all other persons employed by the Contractor in the performance of services under this agreement, required or provided for hereunder by the Contractor shall not be considered employees of the City and that any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any and all claims made by any third parties as a consequence of any act or omission on the part of said Contractor's employees while so engaged in the performance of these services, to be rendered herein by the Contractor shall, in no way,be the obligation or responsibility of the City. B. Insurance 9 The Contractor shall, at his sole cost and expense,carry and maintain general and public liability and property damage insurance coverage of$600,000 for any one accident and $1,000,000 aggregate protecting the Contractor, his employees and the City against any and all claims of any kind or character whatsoever arising from damage, injury(including bodily injury or death) caused by or arising from the operation and use of the machine at the request of the City. Such insurance shall be in full force and effect during the time that the machine is operated at the request of the City. Such insurance policy shall provide for a minimum of 30 days written City n notice to the Cit Clerk of cancellation,non-renewal or material change of the required insurance coverage. The requirement and approval of this insurance by the City shall not in any way relieve or decrease the liability of the Contractor. It is expressly understood that the City does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Copies of the insurance certificates shall be filed with the City on execution of this agreement. C. Legal Compliance The Contractor agrees to comply with all State and Federal laws and local ordinances governing the employment of personnel including,but not limited to, Minnesota Statute Section 181.59 relating to discrimination in employment, and Section 290.07 requiring the certification of income tax withholding. D. Claims The Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. 9. AGREEMENT APPROVAL CONSIDERATIONS A. Selection The City reserves the right to retain the services of the Contractor who, in the opinion of the City, can best provide the services requested under this agreement. Consideration shall be given to hourly rates, availability and condition of equipment, competency of operators,previous experience,response time and specific pieces of equipment so quoted. 10 B. Combination of Quotations The City reserves the right to select any combination of equipment quoted for services requested in entering into this agreement. Only one hourly rate will be considered for each machine,but consideration will be given to any other rate or combination of rates not called for in this proposal if it is in the best interest of the City. 10. BID PROPOSALS A quotation is to be entered in the schedule of prices for each machine the Contractor proposes to furnish and such quotation shall be an hourly rate. All proposals must be type written or printed in ink and properly signed by an officer 1 company. If the submitted proposal is accepted by the City and properly of the p p p countersigned,it shall constitute a formal agreement between the Contractor and the City with no further revisions, addenda or exceptions acknowledged unless previously noted in writing on the bid proposal form. All required performance bonds, insurance certificates and additional requested information shall be submitted in a form acceptable to the City upon execution of the agreement and request by the City. 11. ADOPTED BY REFERENCE OF PROPOSAL The attached proposal,schedule of prices and description are adopted by reference as part of this agreement. 12. RECORD DISCLOSURE/MONITORING PROCEDURES Pursuant to Minnesota Statues §16B.06, Subd. 4 (1990),the books,records, documents and accounting procedures and practices of the Contractor relevant to the Contract are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate. Contractor agrees to maintain these records for a period of three(3) years from the date of the termination of this Agreement. 11 13. EQUAL EMPLOYMENT OPPORTUNITY—CIVIL RIGHTS A. During the performance of this Agreement, the Contractor agrees to the following: No person shall, on the grounds of race, color,religion, age, sex, disability,marital status,public assistance status, creed,or nation of origin,be excluded from full employment rights in,participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination including but not limited to the Civil Rights Acts of 1964. The Contractor will furnish the City all reports required by the Secretary of Labor, the Minnesota Department of Human Services for the purposes of investigation to ascertain compliance with such rules,regulations and orders. The provisions of Minnesota Statutes §181.59,regarding non-discrimination and violations related therefrom are incorporated in this paragraph by reference as an obligation of the Contractor. B. If during the term of this contract or any extension thereof,it is discovered that the Contractor is not in compliance with the applicable statues and regulations or if the Contractor engages in any discriminatory practices, then the City may cancel this agreement as provided by the cancellation clause. IN WITNESS WHEROF, the parties have set forth their hands and seals this 14 day of October,2007. By: Signature 111 ch e-i 5, ife �. Name(Please Print) For: PAaZ., DI-It L 1 ft,t_ tom► nC. Company Its: G F,O, Title 12 1;007,^Irfr., CITY Or OAK PARK HEIGHTS , B : `�:t-'��! 6 / /070 G Y`, David : , det Date . on Ali 1 to ro (niinistrator nson Date 13 FROM :NJ RALEIGH TRUCKING INC FAX NO. :651 439 1489 Oct. 02 2007 03:00PM P1 TT-Z-2 1.1!"A PR,OPOSEIb 2007/2008 SNOW PLOW CONTRACT EQUIPMENT RATES CITY OF OAK PARK HEIGHTS 200712008 Hourly Equipment isig Type of Equipment 111= Rate Standby Fee Bo Cat grader w/wing 1980 $124.03 5 months 20A Champion gra+er w/wing 19' $124.03 November,December 120 Cat grader w/wing 1998 $124,03 January,February and 9500 Oat Loader w/12' plow 1 999 Oa March 9508 Cat Loader w/ 12'plow 1989 $117.88 Three pieces of 980F cat loader w yard bucket 1979 $117.88 Equipment at$300 each 980B oat loader We yard bucket(spare) 1 077 $117.88 Monthly ree c jOOO • 545 Fo rd Tracor w! 11' plow 1998 $102.50 Total standby fee 97 Mack Tandem w/ 12'plow&sander 1994 $82.00 - Soho for contract . 03 Mack Tandem w/12'plow&sander 1993 $82.00 Material Cosh Type of Sand Sand (no salt) MIN santf/15%salt $18.45 Sand/20% salt ME $20.60 Sand/25%salt an $23,50 5°0 salt/10% liquid Sait/no sand Other , F,.atlmated costs for adding repaired ROth Street North to Priority routes is under 3000 per snow event ) date JO M. . °a e g rue ng, Inc „..46. RALEIGH TRUCKING INC. P.O. BOX 261. STILLWATER, MN 55082 DATE BID DATE 9/18/07 To: STILLWATER TOWNSHIP SUPERVISORS Re: 2005 PROPOSAL FOR TOWNSHIP MAINTENANCE <U 4r STILLWATER TOWNSHIP, MN ESTIMATED ESTIMATED ITEM DESCRIPTION QUANTITY PRICE AMOUNT SNOWPLOWING AND SALT SANDING 1 TRUCK(PLOW, SANDER) 250 HR $100.00 $25,000.00 2 TRUCK(PLOW, SANDER) 250 HR $100.00 $25, 000.00 3 MOTOR GRADER(PLOW, WING: 100 HR $140.00 $14,000.00 4 LOADER(PLOW) 100 HR $140.00 $14,000.00 5 SALT SAND 1200 TON $20.00 $24,000.00 GRAVEL ROAD MAINTENANCE & SHOULDERING & TRAILS fi= 1 MOTOR GRADER 200 HR $140.00 $28, 000.00 2 TRACTOR(BOX SCRAPER) 8 HR $9•0.00 $720.00 • 3 DUMP TRUCK 125 HR $86.00 $10,750.00 4 TRUCK/TRAILER 125 HR $100.00 $12,500.00 5 WATER WAGON 8 HR $20.00 $160.00 6 COMPACTOR 4 HR $40.00 $160.00 SUBGRADE EXCAVATION & DITCH CLEANING 1 BACKHOE(320L CAT) 8 HR $160.00 $1,280.00 2 DOZER(D5C CAT) 8 HR $120.00 $960.00 3 DUMP TRUCK 48 HR $86.00 $4,128.00 LATCHING BIT ROADS 1 REMOVE BIT,&PATCH 200 SY $20.00 $4,000.00 MINOR ASPHALT REPAIR 1 DUMP TRUCK 8 HR $86.00 $688.00 SHOULDERING CITY OF OAK PARK HEIGHTS AGREEMENT FOR ROADWAY SNOW REMOVAL AND SANDING October 2006 through April 2007 1. PURPOSE/INTENT A. Roadway Sanding and Snowplowing The purpose of this agreement provides the City of Oak Park Heights (hereinafter City) and the successful proposer(hereinafter called Contractor)with a mutually acceptable agreement to provide planned and emergency scheduled roadway sanding and snowplowing operations on local City streets and roadways within the City of Oak Park Heights, Minnesota. The City of Oak Park Heights has limited road sanding capability. Oak Park Heights Public Works will provide immediate response for sanding of priority roads and the Contractor will provide ongoing sanding operations of all routes. B. Routes Exhibit"A"to this agreement identifies high priority roads and Exhibit "B" identifies"All Streets"that will be assigned to the Contractor and will become the Contractor's responsibility for sanding and snowplowing operations under the terms and conditions of this agreement. In consultation with the Public Works Director the Contractor will divide the "All Streets" route into two routes for snowplowing and sanding. Exhibits"A" and`B" are provided only as a reference to the location and approximate scope of the services required under this agreement. The City reserves the right to expand, decrease or modify the designated routes (Exhibits)without prior notice to the Contractor and without affecting any condition or provision contained within this agreement, including rates or compensation. 1 C. Administration This agreement shall be entered into with the City Council of the City of Oak Park Heights, administered by the Public Works Director and under the direct operational supervision of the Public Works Director and or Public Works Foreman. D. Roadway Sanding and Snowplowing Policies (1) The City's policy requires the sanding of all local streets,roads and cul-de-sacs whenever weather conditions make driving conditions hazardous. Sanding will be required during storms to maintain passable roadways and safe intersections. Following winter storms sanding operations will be coordinated with snowplowing operations. (2) The City's snow removal policy requires the removal of snow from face of curb (F-F) of all local streets,roads and cul-de-sacs after the accumulation of two (2) or more inches of snow. Routes are to be completed within 8 hours of notification and when possible,routes are to be completed by 6:00 a.m. following an overnight storm. No parking is allowed on public streets between 1:00 a.m. and 6:00 a.m. (3) It is the intention of the City to retain the services of the Contractor for each weather event requiring sanding and or snowplowing. Historically, the City of Oak Park Heights averages approximately 49 inches of snow per year. During 1998— 1999 sanding was required on 36 days. During 1999—2000 sanding was required on 26 days. Snowplowing is generally required eight to ten times per year. Cul-de-sac snow removal will be by"wasting"to all properties within the cul-de-sac and leading to the cul-de-sac. Stock piling for later removal will only be performed under the direction of the City,when snowfall conditions are extreme. 2 Sanding operations will utilize a minimum of 15% salt/sand mixture. E. Scope of Operations It is the intent of the City that the Contractor provide a minimum of one (1)piece of equipment(two or more would be preferred)to perform the entire sanding operation. Minimum equipment required is a single axle dump truck with a 5 yard capacity sand spreader. Additional pieces of appropriate equipment for may be used by the Contractor for any or all sanding operations with prior written approval of the City. It is the intent of the City that the Contractor provide a minimum of two (2)pieces of equipment to perform the entire snow removal operation. Wheel loader type equipment is preferred for"wasting" snow on cul-de- sacs. Additional pieces of equipment appropriate for each Route may be used by the Contractor for any or all snow removal operations with prior written approval of the City. 2. LENGTH OF AGREEMENT A. This agreement shall be a singular annual agreement limited to the snow removal season commencing October 2006 through April 2007 inclusive. This agreement may be renewed by written mutual consent of both the City and the Contractor. B. This agreement may be terminated for good cause, including failure to perform in accordance with paragraphs 1.d and 6 of this agreement,by the City during the agreement period, subject to written notice being delivered by registered mail sent to the Contractor at the address referenced on the Proposal form. C. The City cannot and will not guarantee a minimum number of work hours for any sanding or plowing operation or duration of the agreement. 3. EQUIPMENT A. Dump Truck Trucks shall be a minimum single-axle, dual rear wheel drive, 26,000 G.V.W. vehicle equipped with a minimum 5 yard capacity sander and a 3 front-end plow with a minimum length of 10.0'. If the optional wing plow is used, it shall have a combined moldboard width of 18.0'. B. Wheel Loader Wheel loaders shall be a rubber tired, articulated type having all-wheel drive and powered by an engine with a manufacturer's rating of at least 95 brake horsepower. It shall be equipped with a front bucket with a minimum of 2.5 cubic yards or a plow with a minimum width of 10.0 feet. An optional wing plow shall be equipped with "floating"down pressure. C. Motor Grader Motor graders shall be an articulated type with a minimum 4-wheel drive powered by an engine with a minimum manufacturer's rating of at least 125 horsepower. It shall be hydraulically operated with a moldboard of 14.0' in length. If used in conjunction with the optional wing plow, it shall have a combined minimum width of 21.0'. D. Accessories & Safety Equipment All vehicles shall be properly equipped and outfitted to meet all local, county, state or federal laws required for on-the-road emergency snow removal operations. They shall provide the operator with full visibility in all directions and shall have a back-up warning system. The operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow the efficient and safe operation of that vehicle. The City reserves the right to reject at any time,without notice to the Contractor, any vehicle that does not appear to comply with all rules or regulations required for over-the-road snow removal operations. Rejection of vehicle acceptability will also take into consideration the condition and limitations of operation of the vehicle or its accessory equipment. E. Vehicle Designation/Replacements The Contractor shall provide to the City a copy of their certificate of title which includes the vehicle identification number(if available) and license plate number to the City within ten days of execution of this contract. 4 After inspection by the City,those vehicles acceptable for performance under this contract will be verified by the City. Except for emergencies, any planned substitution or replacement of previously approved equipment shall require prior written approval by the City. 4. OPERATION & MAINTENANCE A. Operator The Contractor shall ensure that the operator provided with each piece of equipment is fully trained and properly licensed with the State of Minnesota to operate the bid vehicle or any anticipated replacement. The Contractor shall make every effort possible to ensure that the same operators perform the sanding and plowing operations during the length of the agreement. B. Parts &Fuel The hourly rates contained herein shall cover all operation and maintenance expenses including but not limited to fuel, lubricants, supplies and support services. It shall also include depreciation on the vehicle and related equipment including the repair,maintenance and replacement of all materials and supplies including cutting edges and tire chain cross links. It shall also include all labor,tools and equipment necessary for making any and all repairs or replacements which may be necessary to keep and maintain the machine and all parts thereof in proper and safe working order and serviceable repair. C. Storage The Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection/shelter/storage for both the vehicle and operator. 5. HOURLY RATES A. Operators All hourly rates quoted shall include full operation by a qualified operator. B. Quantities 5 All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.25 (quarter)hour. C. Premium/Overtime No premium calculation or additional adjustment shall be given to the rates quotes for any hours worked irregardless of day, date,time of day or consecutive hours worked in any given sanding operation or calendar week unless specifically provided for in the agreement under Section 7C. D. Nonproductive/Downtime The hourly rate shall be paid for the actual number of hours the machine is operated under the direction of the City. The City shall not be responsible for payment for any time taken for rest or meal breaks. However, the City will recognize payment for routine maintenance and emergency repairs or adjustments necessary to keep the machine properly operating. However, limited accumulated delay time for which payment will be made shall not exceed ten(10.0)percent of the actual working time required for any single snow event. This allowance shall be provided for only those pieces of equipment previously approved by the City for required sanding and snowplowing operations under this agreement. 6. PERFORMANCE REQUIREMENTS A. Personnel The Contractor shall provide the City with the name, address and telephone number(s) for at least two designated contact personnel responsible for insuring response to the City's request for services. The Contractor shall ensure that at least one of the contact persons is available and accessible 24 hours per day, seven days per week. B. Response Time The Contractor shall be able to respond and begin sanding operations within one(1)hour and no later than three(3)hours from the start time requested by the City for any given sanding request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide sanding services through the completion of the routes designated 6 in the attached exhibits and as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor will be responsible for providing replacement personnel if sanding operations require more than 16 consecutive hours of operation. The 16 consecutive hours shall include all operations by the equipment operator, whenever under the City contract, operations under other contracts held by the Contractor, or by other employees of the operator. The Contractor shall be able to respond and begin snow removal operations within two (2) hours and no later than four(4)hours from the start time requested by the City for any given snow removal request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide snow removal services through the completion of the routes designated in the attached exhibits as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor will be responsible for providing replacement personnel if snow removal operations require more than 16 consecutive hours of operation. C. Down Time The Contractor shall ensure that all equipment provided is maintained in a proper manner and condition to minimize required maintenance or emergency repairs during the performance of sanding operations. If, once commencing a sanding operation, a piece of equipment becomes disabled and non-functioning for a period of three (3) consecutive hours,the Contractor shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City. D. Communications The Contractor will maintain communications with the City through cellular phones at no cost to the City. The Contractor shall ensure that the operator maintains full availability for communication at all times during 7 the sanding operations. The Contract will maintain continuous communications with their operators such that directions from the City can be passed to the operators in a timely fashion. E. Authority/Direction The Contractor and his designated operators shall respond to all directions given by the City in a positive, courteous and timely manner during the sanding and snow removal operations. The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence or insubordination or inability of the piece of equipment to function properly for the requested services. The Contractor shall begin the sanding and snow removal operations at a designated point and follow a specific progression as direction by the City. F. Law Obedience The Contractor and his designated operator shall be responsible for their actions and compliance with all regulatory laws and ordinances governing the operation of the machine while performing sanding operations for the City. G. Performance Bond or Cash Deposit The Contractor shall provide and maintain a performance bond or cash deposit in a manner acceptable to the City in the amount of$5,000 for the duration of this agreement. The City shall not file against or use this performance bond or cash deposit for any issue or matter not relating to nonperformance or noncompliance with this agreement. H. Non Performance The Contractor shall waive any and all objections, rights to objections and claims for additional compensation, damages or loss of revenue resulting from work performed by the City either prior to, during or after any scheduled or emergency operation in lieu of these contractual services as may be necessary due to non performance or excessive delays of the Contractor. 8 Property Damage The Contractor shall be responsible for any and all damages to private as well as public property(including public utilities) due to its own or its employee's negligence in performing of this contract operations. 7. COMPENSATION A. Payment Schedule All pay requests must be prepared and submitted by the Contractor as verified and approved by the Public Works Director. All pay requests so e received and approved by the Public Works Director shall be processed and payment made by the City not less than 15 nor more than 30 days after receipt. B. Down Time No payment shall be made for any nonproductive or down time exceeding 10%of any singular operation. Compensable time shall include all time spent performing the sanding and snow removal operations subject to the exclusions identified herein and shall include travel time to and from the Contractor's base of operations or City limits, whichever is the shorter distance. C. PENALTIES AND BONUSES A premium adjustment of$10.00 per hour per piece of equipment will be made for each hour worked between the hours of 12:00 a.m. to 12 midnight on Sundays and the holidays of Thanksgiving, Christmas, and New Years Day. 8. INSURANCE/LIABILITY/CLAIMS A. Indemnification The Contractor indemnifies, saves and holds harmless the City and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the Contractor's performance under this agreement. It is hereby understood and agreed that any and all employees of the Contractor and all other persons employed by the Contractor in the performance of services 9 under this agreement, required or provided for hereunder by the Contractor shall not be considered employees of the City and that any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any and all claims made by any third parties as a consequence of any act or omission on the part of said Contractor's employees while so engaged in the performance of these services, to be rendered herein by the Contractor shall, in no way,be the obligation or responsibility of the City. B. Insurance The Contractor shall, at his sole cost and expense, carry and maintain P �'Y general and ublic liability and property damage insurance coverage of P Y an P $600 000 for any one accident and$1 000 000 a e ate protecting the Y gam' g P g Contractor,his employees and the City against any and all claims of any kind or character whatsoever arising from damage, injury(including bodily injury or death) caused by or arising from the operation and use of the machine at the request of the City. Such insurance shall be in full q Y force and effect during the time that the machine is operated at the request of the City. Such insurance policy shall provide for a minimum of 30 days written notice to the City Clerk of cancellation,non-renewal or material change of the required insurance coverage. The requirement and approval of this insurance by the City shall not in any way relieve or decrease the liability of the Contractor. It is expressly understood that the City does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Copies of the insurance certificates shall be filed with the City on execution of this agreement. C. Legal Compliance The Contractor agrees to comply with all State and Federal laws and local ordinances governing the employment of personnel including,but not limited to, Minnesota Statute Section 181.59 relating to discrimination in 10 employment, and Section 290.07 requiring the certification of income tax withholding. D. Claims The Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. 9. AGREEMENT APPROVAL CONSIDERATIONS A. Selection The City reserves the right to retain the services of the Contractor who, in the opinion of the City, can best provide the services requested under this agreement. Consideration shall be given to hourly rates, availability and condition of equipment, competency of operators,previous experience, response time and specific pieces of equipment so quoted. B. Combination of Quotations The City reserves the right to select any combination of equipment quoted for services requested in entering into this agreement. Only one hourly q g rate will be considered for each machine,but consideration will be given to any other rate or combination of rates not called for in this proposal if it Y P P is in the best interest of the City. 10. BID PROPOSALS A quotation is to be entered in the schedule of prices for each machine the Contractor proposes to furnish and such quotation shall be an hourly rate. All proposals must be type written or printed in ink and properly signed by an officer of the company. If the submitted proposal is accepted by the City and properly countersigned, it shall constitute a formal agreement between the Contractor and the City with no further revisions, addenda or exceptions acknowledged unless previously noted in writing on the bid proposal form. All required performance bonds, insurance certificates and 11 additional requested information shall be submitted in a form acceptable to the City upon execution of the agreement and request by the City. 11. ADOPTED BY REFERENCE OF PROPOSAL The attached proposal, schedule of prices and description are adopted by reference as part of this agreement. 12. RECORD DISCLOSURE/MONITORING PROCEDURES Pursuant to Minnesota Statues §16B.06, Subd. 4 (1990),the books, records, documents and accounting procedures and practices of the Contractor relevant to the Contract are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate. Contractor agrees to maintain these records for a period of three(3) years from the date of the termination of this Agreement. 13. EQUAL EMPLOYMENT OPPORTUNITY—CIVIL RIGHTS A. During the performance of this Agreement,the Contractor agrees to the following: No person shall, on the grounds of race, color,religion, age, sex, disability,marital status,public assistance status, creed, or nation of origin,be excluded from full employment rights in,participation in,be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination including but not limited to the Civil Rights Acts of 1964. The Contractor will furnish the City all reports required by the Secretary of Labor, the Minnesota Department of Human Services for the purposes of investigation to ascertain compliance with such rules, regulations and orders. The provisions of Minnesota Statutes §181.59,regarding non- discrimination and violations related therefrom are incorporated in this paragraph by reference as an obligation of the Contractor. 12 B. If during the term of this contract or any extension thereof, it is discovered that the Contractor is not in compliance with the applicable statues and regulations or if the Contractor engages in any discriminatory practices, then the City may cancel this agreement as provided by the cancellation clause. IN WITNESS WHEROF,the parties have set forth their hands and seals this day of September , 2006. j- B . Signature I ' iiO.e1 Jt ()1,1.I2t Name(Please Print) For: J , `Q. .- c h �' l,n ly1C Company Its: C I Title • CITY OF OAK PARK HEIGHTS B /6 tellr# r: .udet Date Mayor 1 /0'o -0-4 Eric o son Date C y dministrator 13 SCHEDULE OF PRICES The undersigned agrees to furnish one of the pieces of equipment described on the preceding pages in accordance with the terms of this proposal and agreement at the rates entered below at such time as they may be requested by the City. If a rate is being submitted for the use of plow or wing, the make and model of these items should be inserted in the blank lines. Contractor may bid on one ore more of each type of equipment. A quotation may be rejected if any alteration or erasure is made in entering the rates. Quotation rates must be entered in ink or typewritten. Contractor: M. J. Raleigh Trucking, Inc. Unit No. Type of Equipment Year 2006/7 rate 12G Cat grader w/wing 1986 $124.03 720A Champion grader w/wing 1991 $124.03 12 Cat grader 1968 $102.50 950G Cat Loader w/ 12' plow 1999 $117.88 950B Cat Loader w/ 12' plow 1989 $117.88 980B cat loader w/6 yard bucket 1979 $117.88 980B cat loader w/ 6 yard bucket 1977 $117.88 545 Ford Tractor w/ 11' plow 1998 $102.50 97 Mack Tandem w/ 12' plow & sander 1994 $82.00 93 Mack Tandem w/ 12' plow & sander 1993 $82.00 Type of Sand $/ton Sand (no salt) Sand/15% salt $18.45 Sand/20% salt $20.50 Sand/25% salt $23.58 5% salt/ 10% liquid $23.58 Salt/ no sand Other For 2006 to 2007 Contract �° Mike Rale gh Date • ; .. AAi r. - ' ) • ' / ? f �'v$ , ., p .cep -'� w' t i - • r r r' i f 11 Y V • : '7 ......,t. ' "'ill.:1 '.:, i .:.Z.' .:,., . 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CITY OF OAK PARK HEIGHTS AGREEMENT FOR ROADWAY SNOW REMOVAL AND SANDING October 2005 through April 2006 1. PURPOSE/INTENT A. Roadway Sanding and Snowplowing The purpose of this agreement provides the City of Oak Park Heights (hereinafter City) and the successful proposer(hereinafter called Contractor)with a mutually acceptable agreement to provide planned and emergency scheduled roadway sanding and snowplowing operations on local City streets and roadways within the City of Oak Park Heights, Minnesota. The City of Oak Park Heights has limited road sanding capability. Oak Park Heights Public Works will provide immediate response for sanding of priority roads and the Contractor will provide ongoing sanding operations of all routes. B. Routes Exhibit"A"to this agreement identifies high priority roads and Exhibit "B"identifies "All Streets"that will be assigned to the Contractor and will become the Contractor's responsibility for sanding and snowplowing operations under the terms and conditions of this agreement. In consultation with the Public Works Director the Contractor will divide the "All Streets" route into two routes for snowplowing and sanding. Exhibits "A" and"B" are provided only as a reference to the location and approximate scope of the services required under this agreement. The City reserves the right to expand, decrease or modify the designated routes (Exhibits)without prior notice to the Contractor and without affecting any condition or provision contained within this agreement, including rates or compensation. 1 C. Administration This agreement shall be entered into with the City Council of the City of Oak Park Heights, administered by the Public Works Director and under the direct operational supervision of the Public Works Director and or Public Works Foreman. D. Roadway Sanding and Snowplowing Policies (1) The City's policy requires the sanding of all local streets, roads and cul-de-sacs whenever weather conditions make driving conditions hazardous. Sanding will be required during storms to maintain passable roadways and safe intersections. Following winter storms sanding operations will be coordinated with snowplowing operations. (2) The City's snow removal policy requires the removal of snow from face of curb (F-F)of all local streets, roads and cul-de-sacs after the accumulation of two (2) or more inches of snow. Routes are to be completed within 8 hours of notification and when possible,routes are to be completed by 6:00 a.m. following an overnight storm. No parking is allowed on public streets between 1:00 a.m. and 6:00 a.m. (3) It is the intention of the City to retain the services of the Contractor for each weather event requiring sanding and or snowplowing. Historically, the City of Oak Park Heights averages approximately 49 inches of snow per year. During 1998— 1999 sanding was required on 36 days. During 1999—2000 sanding was required on 26 days. Snowplowing is generally required eight to ten times per year. Cul-de-sac snow removal will be by"wasting"to all properties within the cul-de-sac and leading to the cul-de-sac. Stock piling for later removal will only be performed under the direction of the City, when snowfall conditions are extreme. 2 Sanding operations will utilize a minimum of 15% salt/sand mixture. E. Scope of Operations It is the intent of the City that the Contractor provide a minimum of one (1)piece of equipment (two or more would be preferred) to perform the entire sanding operation. Minimum equipment required is a single axle dump truck with a 5 yard capacity sand spreader. Additional pieces of appropriate equipment for may be used by the Contractor for any or all sanding operations with prior written approval of the City. provide a minimum of two I intent of the City that the Contractor tisthe e to C y p (2)pieces of equipment to perform the entire snow removal operation. Wheel loader type equipment is preferred for"wasting" snow on cul-de- sacs. Additional pieces of equipment appropriate for each Route may be used by the Contractor for any or all snow removal operations with prior Y Y p p written approval of the City. 2. LENGTH OF AGREEMENT A. This agreement shall be a singular annual agreement limited to the snow removal season commencing October 2005 through April 2006 inclusive. This agreement may be renewed by written mutual consent of both the City and the Contractor. B. This agreement may be terminated for good cause, including failure to perform in accordance with paragraphs 1.d and 6 of this agreement,by the City during the agreement period, subject to written notice being delivered by registered mail sent to the Contractor at the address referenced on the Proposal form. C. The City cannot and will not guarantee a minimum number of work hours for any sanding or plowing operation or duration of the agreement. 3. EQUIPMENT A. Dump Truck Trucks shall be a minimum single-axle, dual rear wheel drive, 26,000 G.V.W. vehicle equipped with a minimum 5 yard capacity sander and a 3 front-end plow with a minimum length of 10.0'. If the optional wing plow is used, it shall have a combined moldboard width of 18.0'. B. Wheel Loader Wheel loaders shall be a rubber tired, articulated type having all-wheel drive and powered by an engine with a manufacturer's rating of at least 95 brake horsepower. It shall be equipped with a front bucket with a minimum of 2.5 cubic yards or a plow with a minimum width of 10.0 feet. An optional win g plow shall beequipped with"floating" down pressure.ssure. C. Motor Grader Motor graders shall be an articulated type with a minimum 4-wheel drive �' Yp p owere d by engine with a minimum manufacturer's rating of at least 125 horsepower. It shall be hydraulically operated with a moldboard of 14.0' in length. If used in conjunction with the optional wing plow, it shall have a combined minimum width of 21.0'. D. Accessories & Safety Equipment E ui ment All vehicles shall be properly equipped and outfitted to meet all local, county, state or federal laws required for on-the-road emergency snow removal operations. They shall provide the operator with full visibility in all directions and shall have a back-up warning system. The operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow the efficient and safe operation of that vehicle. The City reserves the right to reject at any time,without notice to the Contractor, any vehicle that does not appear to comply with all rules or regulations required for over-the-road snow removal operations. Rejection of vehicle acceptability will also take into consideration the condition and limitations of operation of the vehicle or its accessory equipment. E. Vehicle Designation/Replacements The Contractor shall provide to the City a copy of their certificate of title which includes the vehicle identification number(if available) and license plate number to the City within ten days of execution of this contract. 4 • After inspection by the City, those vehicles acceptable table for performance under this contract will be verified by the City. Except for emergencies, any planned substitution or replacement of previously approved equipment shall require prior written approval by the City. 4. OPERATION& MAINTENANCE A. Operator The Contractor shall ensure that the operator provided with each piece of equipment is fully trained and properly licensed with the State of Minnesota to operate the bid vehicle or any anticipated replacement. The Contractor shall make every effort possible to ensure that the same operators perform the sanding and plowing operations during the length of the agreement. B. Parts &Fuel The hourly rates contained herein shall cover all operation and maintenance expenses including but not limited to fuel, lubricants, supplies and support services. It shall also include depreciation on the vehicle and related equipment including the repair, maintenance and replacement of all materials and supplies including cutting edges and tire chain cross links. It shall also include all labor,tools and equipment necessary f o r making any and all repairs or replacements which may be necessary to keep and maintain the machine and all parts thereof in proper and safe working order and serviceable repair. C. Storage The Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection/shelter/storage for both the vehicle and operator. 5. HOURLY RATES A. Operators All hourly rates quoted shall include full operation by a qualified operator. B. Quantities 5 All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.25 (quarter)hour. C. Premium/Overtime No premium calculation or additional adjustment shall be given to the rates quotes for any hours worked irregardless of day, date, time of day or consecutive hours worked in any given sanding operation or calendar week unless specifically provided for in the agreement under Section 7C. D. Nonproductive/Downtime The hourly rate shall be paid for the actual number of hours the machine is operated under the direction of the City. The City shall not be responsible for payment for any time taken for rest or meal breaks. However, the City will recognize payment for routine maintenance and emergency repairs or adjustments necessary to keep the machine properly operating. However, limited accumulated delay time for which payment will be made shall not exceed ten(10.0)percent of the actual working time required for any single snow event. This allowance shall be provided for only those pieces of equipment previously approved by the City for required sanding and snowplowing operations under this agreement. 6. PERFORMANCE REQUIREMENTS A. Personnel The Contractor shall provide the City with the name, address and telephone number(s) for at least two designated contact personnel responsible for insuring response to the City's request for services. The Contractor shall ensure that at least one of the contact persons is available and accessible 24 hours per day, seven days per week. B. Response Time The Contractor shall be able to respond and begin sanding operations within one(1)hour and no later than three (3)hours from the start time requested by the City for any given sanding request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide sanding services through the completion of the routes designated 6 in the attached exhibits and as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor will be responsible for providing replacement personnel if sanding operations require more than 16 consecutive hours of operation. The 16 consecutive hours shall include all operations by the equipment operator, whenever under the City contract, operations under other contracts held by the Contractor, or by other employees of the operator. The Contractor shall be able to respond and begin snow removal operations within two (2)hours and no later than four(4)hours from the start time requested by the City for any given snow removal request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide snow removal services through the completion of the routes designated in the attached exhibits as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor will be responsible for providing replacement personnel if snow removal operations require more than 16 consecutive hours of operation. C. Down Time The Contractor shall ensure that all equipment provided is maintained in a proper manner and condition to minimize required uired maintenance or p q emergency repairs during the performance of sanding operations. If, once commencing a sanding operation, a piece of equipment becomes disabled and non-functioning for a period of three(3) consecutive hours, the Contractor shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City. D. Communications The Contractor will maintain communications with the City through cellular phones at no cost to the City. The Contractor shall ensure that the operator maintains full availability for communication at all times during 7 the sanding operations. The Contract will maintain continuous communications with their operators such that directions from the City can be passed to the operators in a timely fashion. E. Authority/Direction The Contractor and his designated operators shall respond to all directions given by the City in a positive, courteous and timely manner during the sanding and snow removal operations. The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence or insubordination or inability of the piece of equipment to function properly for the requested services. The Contractor shall begin the sanding and snow removal operations at a designated point and follow a specific progression as direction by the City. F. Law Obedience The Contractor and his designated operator shall be responsible for their actions and compliance with all regulatory laws and ordinances governing the operation of the machine while performing sanding operations for the City. G. Performance Bond or Cash Deposit The Contractor shall provide and maintain a performance bond or cash deposit in a manner acceptable to the City in the amount of$5,000 for the duration of this agreement. The City shall not file against or use this performance bond or cash deposit for any issue or matter not relating to nonperformance or noncompliance with this agreement. H. Non Performance The Contractor shall waive any and all objections, rights to objections and claims for additional compensation, damages or loss of revenue resulting from work performed by the City either prior to, during or after any scheduled or emergency operation in lieu of these contractual services as may be necessary due to non performance or excessive delays of the Contractor. 8 Property Damage The Contractor shall be responsible for any and all damages to private as well as public property(including public utilities) due to its own or its employee's negligence in performing of this contract operations. 7. COMPENSATION A. Payment Schedule All pay requests must be prepared and submitted by the Contractor as verified and approved by the Public Works Director. All pay requests so received and approved by the Public Works Director shall be processed and payment made by the City not less than 15 nor more than 30 days after receipt. B. Down Time No payment shall be made for any nonproductive or down time exceeding 10%of any singular operation. Compensable time shall include all time spent performing the sanding and snow removal operations subject to the exclusions identified herein and shall include travel time to and from the Contractor's base of operations or City limits, whichever is the shorter distance. C. PENALTIES AND BONUSES A premium adjustment of$10.00 per hour per piece of equipment will be made for each hour worked between the hours of 12:00 a.m. to 12 midnight on Sundays and the holidays of Thanksgiving, Christmas, and New Years Day. 8. INSURANCE/LIABILITY/CLAIMS A. Indemnification The Contractor indemnifies, saves and holds harmless the City and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the Contractor's performance under this agreement. It is hereby understood and agreed that any and all employees of the Contractor and all other persons employed by the Contractor in the performance of services 9 under this agreement,required or provided for hereunder by the Contractor shall not be considered employees of the City and that any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any and all claims made by any third parties as a consequence of any act or omission on the part of said Contractor's employees while so engaged in the performance of these services, to be rendered herein by the Contractor shall, in no way, be the obligation or responsibility of the City. B. Insurance The Contractor shall, at his sole cost and expense, carry and maintain general and public liability and property damage insurance coverage of $600,000 for any one accident and$1,000,000 aggregate protecting the Contractor,his employees and the City against any and all claims of any kind or character whatsoever arising from damage, injury(including bodily injury or death)caused by or arising from the operation and use of the machine at the request of the City. Such insurance shall be in full force and effect during the time that the machine is operated at the request of the City. Such insurance policy shall provide for a minimum of 30 days written notice to the City Clerk of cancellation, non-renewal or material change of the required insurance coverage. The requirement and approval of this insurance by the City shall not in any way relieve or decrease the liability of the Contractor. It is expressly understood that the City does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Copies of the insurance certificates shall be filed with the City on execution of this agreement. C. Legal Compliance The Contractor agrees to comply with all State and Federal laws and local ordinances governing the employment of personnel including,but not limited to, Minnesota Statute Section 181.59 relating to discrimination in 10 employment, and Section 290.07 requiring the certification of income tax withholding. D. Claims The Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. 9. AGREEMENT APPROVAL CONSIDERATIONS A. Selection The City reserves the right to retain the services of the Contractor who, in the opinion of the City, can best provide the services requested under this agreement. Consideration shall be given to hourly rates, availability and condition of equipment, competency of operators, previous experience, response time and specific pieces of equipment so quoted. B. Combination of Quotations The City reserves the right to select any combination of equipment quoted for services requested in entering into this agreement. Only one hourly rate will be considered for each machine, but consideration will be given to any other rate or combination of rates not called for in this proposal if it is in the best interest of the City. 10. BID PROPOSALS • A quotation is to be entered in the schedule of prices for each machine the Contractor proposes to furnish and such quotation shall be an hourly rate. All proposals must be type written or printed in ink and properly signed by an officer of the company. If the submitted proposal is accepted by the City and properly countersigned, it shall constitute a formal agreement between the Contractor and the City with no further revisions, addenda or exceptions acknowledged unless previously noted in writing on the bid proposal form. All required performance bonds, insurance certificates and 11 additional requested information shall be submitted in a form acceptable to the City upon execution of the agreement and request by the City. 11. ADOPTED BY REFERENCE OF PROPOSAL The attached proposal, schedule of prices and description are adopted by reference as part of this agreement. 12. RECORD DISCLOSURE/MONITORING PROCEDURES Pursuant to Minnesota Statues §16B.06, Subd. 4 (1990), the books, records, documents and accounting procedures and practices of the Contractor relevant to the Contract are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate. Contractor agrees to maintain these records for a period of three(3) years from the date of the termination of this Agreement. 13. EQUAL EMPLOYMENT OPPORTUNITY—CIVIL RIGHTS A. During the performance of this Agreement, the Contractor agrees to the following: No person shall, on the grounds of race, color,religion, age, sex, disability,marital status,public assistance status, creed, or nation of origin,be excluded from full employment rights in,participation in,be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination including but not limited to the Civil Rights Acts of 1964. The Contractor will furnish the City all reports required by the Secretary of Labor, the Minnesota Department of Human Services for the purposes of investigation to ascertain compliance with such rules,regulations and orders. The provisions of Minnesota Statutes §181.59,regarding non- discrimination and violations related therefrom are incorporated in this paragraph by reference as an obligation of the Contractor. 12 B. If during the term of this contract or any extension thereof, it is discovered that the Contractor is not in compliance with the applicable statues and regulations or if the Contractor engages in any discriminatory practices, then the City may cancel this agreement as provided by the cancellation clause. IN WITNESS WHEROF, the parties have set forth their hands and seals thisDO day o ,p�; , 2005. I / N By: l/�/ —A.-, Signature P)ACWA S eIRICt LtilIN Name(Please Print) For: . 7\0.',C t vN. ` lock i+i . Company Its: C. 1%0 • Title CITY OF OAK PARK HEIGHTS 1I lit By: ( l! i_. :a A/0r David Beaudet Date Mayor I /o S c' Eric Jo1 .sl • Date C. y A. -inistrator 13 SCHEDULE OF PRICES The undersigned agrees to furnish one of the pieces of equipment described on the preceding pages in accordance with the terms of this proposal and agreement at the rates entered below at such time as they may be requested by the City. If a rate is being submitted for the use of plow or wing, the make and model of these items should be inserted in the blank lines. Contractor may bid on one ore more of each type of equipment. A quotation may be rejected if any alteration or erasure is made in entering the rates. Quotation rates must be entered in ink or typewritten. Contractor: M. J. Raleigh Trucking,Inc. Unit No. Type of Equipment Year rate 12G Cat grader w/wing 1986 $ 121.00 720A Champion grader w/wing 1991 $ 121.00 12 Cat grader 1968 $ 100.00 950G Cat Loader w/ 12' plow 1999 $ 115.00 950B Cat Loader w/ 12' plow 1989 $ 115.00 980B cat loader w/ 6 yard bucket 1979 $ 115.00 980B cat loader w/ 6 yard bucket 1977 $ 115.00 545 Ford Tractor w/ 11' plow 1998 $ 100.00 97 Mack Tandem w/ 12' plow & sander 1994 $ 80.00 93 Mack Tandem w/ 12' plow & sander 1993 $ 80.00 Type of Sand _ $/ton Sand (no salt) $ - Sand/15% salt $ 18.00 Sand/20% salt $ 20.00 Sand/25% salt $ 23.00 5% salt/ 10% liquid $ 23.00 Salt/ no sand $ - Other $ - For 2005 to 200. Contract / Mike Raleig Date CITY OF OAK PARK HEIGHTS AGREEMENT FOR ROADWAY SNOW REMOVAL AND SANDING 1 November 2001 - 15 April 2002 1. PURPOSE/INTENT A. Roadway Sanding and Snowplowing The purpose of this agreement provides the City of Oak Park Heights (hereinafter City) and the successful proposer(hereinafter called Contractor)with a mutually acceptable agreement to provide planned and emergency scheduled roadway sanding and snowplowing operations on local City streets and roadways within the City of Oak Park Heights, Minnesota. The City of Oak Park Heights has limited road sanding capability. Oak Park Heights Public Works will provide immediate response for sanding of priority roads and the Contractor will provide ongoing sanding operations of all routes. B. Routes Exhibit"A"to this agreement identifies high priority roads and Exhibit "B" identifies"All Streets"that will be assigned to the Contractor and will become the Contractor's responsibility for sanding and snowplowing operations under the terms and conditions of this agreement. In consultation with the Public Works Director the Contractor will divide the "All Streets" route into two routes for snowplowing and sanding. 1 Exhibits "A"and `B" are provided only as a reference to the location and approximate scope of the services required under this agreement. The City reserves the right to expand, decrease or modify the designated routes Y g p (Exhibits) without prior notice to the Contractor and without affecting any condition or provision contained within this agreement, including rates or compensation. C. Administration This agreement shall be entered into with the City Council of the City of Oak Park Heights, administered by the Public Works Director and under the direct operational supervision of the Public Works Director and or Public Works Foreman. D. Roadway Sanding and Snowplowing Policies (1) The City's policy requires the sanding of all local streets, roads and cul-de-sacs whenever weather conditions make driving conditions hazardous. Sanding will be required during storms to maintain roadways passable and intersections safe. Following winter storms sanding operations will be coordinated with snowplowing operations. (2)The City's snow removal policy requires the removal of snow from face of curb (F-F) of all local streets,roads and cul-de-sacs after the accumulation of two (2) or more inches of snow. Routes are to be completed within 8 hours of notification and when possible,routes are to 2 be completed by 6:00 a.m. following an overnight storm. No parking is allowed on public streets between 1:00 a.m. and 6:00 a.m. (3) It is the intention of the City to retain the services of the Contractor for each weather event requiring sanding and or snowplowing. Historically, the City of Oak Park Heights averages approximately 49 inches of snow per year. During 1998— 1999 sanding was required on 36 days. During 1999—2000 sanding was required on 26 days. Snowplowing is generally required eight to ten times per year. Cul-de-sac snow removal will be by"wasting"to all properties within the cul-de-sac and leading to the cul-de-sac. Stock piling for later removal will only be performed under the direction of the City, when snowfall conditions are extreme. Sanding operations will utilize a minimum of 15% salt/sand mixture. E. Scope of Operations It is the intent of the City that the Contractor provide a minimum of one (1)piece of equipment(two or more would be preferred)to perform the entire sanding operation. Minimum equipment required is a single axle dump truck with a 5 yard capacity sand spreader. Additional pieces of appropriate equipment for may be used by the Contractor for any or all sanding operations with prior written approval of the City. 3 It is the intent of the City that the Contractor provide a minimum of two (2)pieces of equipment to perform the entire snow removal operation. Wheel loader type equipment is preferred for "wasting" snow on cul-de- sacs. Additional pieces of equipment appropriate for each Route may be used by the Contractor for any or all snow removal operations with prior written approval of the City. 2. LENGTH OF AGREEMENT A. This agreement shall be a singular annual agreement limited to the snow removal season commencing November 1,2001 and ending April 15, 2002 inclusive. This agreement may be renewed by written mutual consent of both the City and the Contractor. B. This agreement may be terminated for good cause, including failure to perform in accordance with paragraphs 1.d and 6 of this agreement,by the City during the agreement period, subject to written notice being delivered by registered mail sent to the Contractor at the address referenced on the Proposal form. C. The City cannot and will not guarantee a minimum number of work hours for any sanding or plowing operation or duration of the agreement. 3. EQUIPMENT A. Dump Truck Trucks shall be a minimum single-axle, dual rear wheel drive, 26,000 G.V.W. vehicle equipped with a minimum 5 yard capacity sander and a 4 front-end plow with a minimum length of 10.0'. If the optional wing plow is used, it shall have a combined moldboard width of 18.0'. B. Wheel Loader Wheel loaders shall be a rubber tired, articulated type having all-wheel drive and powered by an engine with a manufacturer's rating of at least 95 brake horsepower. It shall be equipped with a front bucket with a minimum of 2.5 cubic yards or a plow with a minimum width of 10.0 feet. An optional wing plow shall be equipped with"floating"down pressure. C. Motor Grader Motor graders shall be an articulated type with a minimum 4-wheel drive powered by an engine with a minimum manufacturer's rating of at least 125 horsepower. It shall be hydraulically operated with a moldboard of 14.0' in length. If used in conjunction with the optional wing plow, it shall have a combined minimum width of 21.0'. D. Accessories & Safety Equipment All vehicles shall be properly equipped and outfitted to meet all local, county, state or federal laws required for on-the-road emergency snow removal operations. They shall provide the operator with full visibility in all directions and shall have a back-up warning system. The operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow the efficient and safe operation of that vehicle. The City reserves the right to reject at any time, without notice to the Contractor,any vehicle that does not appear to comply with all rules or 5 regulations required for over-the-road snow removal operations. Rejection of vehicle acceptability will also take into consideration the condition and limitations of operation of the vehicle or its accessory equipment. E. Vehicle Designation/Replacements The Contractor shall provide to the City a copy of their certificate of title which includes the vehicle identification number(if available) and license plate number to the City within ten days of execution of this contract. After inspection by the City,those vehicles acceptable for performance under this contract will be verified by the City. Except for emergencies, any planned substitution or replacement of previously approved equipment shall require prior written approval by the City. 4. OPERATION& MAINTENANCE A. Operator The Contractor shall ensure that the operator provided with each piece of equipment is fully trained and properly licensed with the State of Minnesota to operate the bid vehicle or any anticipated replacement. The Contractor shall make every effort possible to ensure that the same operators performs the sanding and plowing operations during the length of the agreement. B. Parts & Fuel The hourly rates contained herein shall cover all operation and maintenance expenses including but not limited to fuel, lubricants, 6 supplies and support services. It shall also include depreciation on the vehicle and related equipment including the repair, maintenance and replacement of all materials and su pp lies including cutting edges and tire chain cross links. It shall also include all labor,tools and equipment necessary for making any and all repairs or replacements which may be necessary to keep and maintain the machine and all parts thereof in proper and safe working order and serviceable repair. C. Storage The Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection/shelter/storage for both the vehicle and operator. 5. HOURLY RATES A. Operators All hourly rates quoted shall include full operation by a qualified operator. B. Quantities All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.1 (tenth)hour. C. Premium/Overtime No premium calculation or additional adjustment shall be given to the rates quotes for any hours worked irregardless of day, date, time of day or consecutive hours worked in any given sanding operation or calendar week unless specifically provided for in the agreement under Section 7C. 7 D. Nonproductive/Downtime The hourly rate shall be paid for the actual number of hours the machine is operated under the direction of the City. The City shall not be responsible for payment for any time taken for rest or meal breaks. However,the City will recognize payment for routine maintenance and emergency repairs or adjustments necessary to keep the machine properly operating. However, limited accumulated delay time for which payment will be made shall not exceed ten(10.0)percent of the actual working time required for any single snow event. This allowance shall be provided for only those pieces of equipment previously approved by the City for required sanding and snowplowing operations under this agreement. 6. PERFORMANCE REQUIREMENTS A. Personnel The Contractor shall provide the City with the name, address and telephone number(s) for at least two designated contact personnel responsible for insuring response to the City's request for services. The Contractor shall ensure that at least one of the contact persons is available and accessible 24 hours per day, seven days per week. B. Response Time The Contractor shall be able to respond and begin sanding operations within one (1)hour and no later than three (3)hours from the start time requested by the City for any given sanding request. The Contractor shall 8 ensure that the equipment and operator are ready and able to continuously provide sanding services through the completion of the routes designated in the attached exhibits and as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor will be responsible for providing replacement personnel if sanding operations require more than 16 consecutive hours of operation. The 16 consecutive hours shall include all operations by the equipment operator, whenever under the City contract, operations under other contracts held by the Contractor, or by other employees of the operator. The Contractor shall be able to respond and begin snow removal operations within two (2)hours and no later than four(4)hours from the start time requested by the City for any given snow removal request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide snow removal services through the completion of the routes designated in the attached exhibits as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor will be responsible for providing replacement personnel if snow removal operations require more than 16 consecutive hours of operation. 9 C. Down Time The Contractor shall ensure that all equipment provided is maintained in a proper manner and condition to minimize required maintenance or emergency repairs during the performance of sanding operations. If, once commencing a sanding operation, a piece of equipment becomes disabled and nonfunctionable for a period of three(3)consecutive hours,the Contractor shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City. D. Communications The Contractor will maintain communications with the City through cellular phones at no cost to the City. The Contractor shall ensure that the operator maintains full availability for communication at all times during the sanding operations. The Contract will maintain continuous communications with their operators such that directions from the City can be passed to the operators in a timely fashion. E. Authority/Direction The Contractor and his designated operators shall respond to all directions given by the City in a positive, courteous and timely manner during the sanding and snow removal operations. The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence or insubordination or 10 • inability of the piece of equipment to function properly for the requested services. The Contractor shall begin the sanding and snow removal operations at a designated point and follow a specific progression as direction by the City. F. Law Obedience The Contractor and his designated operator shall be responsible for their actions and compliance with all regulatory laws and ordinances governing the operation of the machine while performing sanding operations for the City. G. Performance Bond or Cash Deposit The Contractor shall provide and maintain a performance bond or cash deposit in a manner acceptable to the City in the amount of$2,500 for the duration of this agreement. The City shall not file against or use this performance bond or cash deposit for any issue or matter not relating to nonperformance or noncompliance with this agreement. H. Non Performance The Contractor shall waive any and all objections, rights to objections and claims for additional compensation, damages or loss of revenue resulting from work performed by the City either prior to, during or after any scheduled or emergency operation in lieu of these contractual services as may be necessary due to non performance or excessive delays of the Contractor. 11 Property Damage The Contractor shall be responsible for any and all damages to private as well as public property (including public utilities) due to its own or its employees negligence in performing of this contract operations. 7. COMPENSATION A. Payment Schedule All pay requests must be prepared and submitted by the Contractor as verified and approved by the Public Works Director. All pay requests so received and approved by the Public Works Director shall be processed and payment made by the City not less than 15 nor more than 30 days after receipt. B. Down Time No payment shall be made for any nonproductive or down time exceeding 10%of any singular operation. Compensable time shall include all time spent performing the sanding and snow removal operations subject to the exclusions identified herein and shall include travel time to and from the Contractor's base of operations or City limits,whichever is the shorter distance. C. PENALTIES AND BONUSES (1) Sanding Operations. When sanding operations are requested to begin for 6:00 a.m. completion and Contractor is able to respond such that their designated routes are completed prior to 6:00 a.m., a 5%bonus will be paid to the hourly rates contained within this agreement. When called out 12 for immediate operations and the Contractor is able to respond and begin sanding operations within one hour of the time requested by the City, a 5% bonus will be paid to the hourly rates contained within this agreement for the duration of that sanding operation provided the Contractor performs continuously to completion. If the Contractor is not able to respond and begin sanding operations less than three hours after the time requested by the City,2%of the rate quoted herein will be deducted for each one-half (1/2)hour of portion thereof beyond three hours to when operations begin with a maximum deduct of 5%. If the Contractor does not respond within seven hours of City requested time of initiation,the Contractor shall forfeit 5%of the original performance bond. (2) When snow removal operations are requested to begin for 6:00 a..m. completion and Contractor is able to respond such that their designated routes are completed prior to 6:00 a.m., a 5%bonus will be paid to the hourly rates contained within this agreement. When called out for immediate operations and the Contractor is able to respond and complete snow removal operations within eight hours, a 5%bonus will be paid to the hourly rates contained within this agreement for the duration of that snow removal operation provided the Contractor performs continuously to completion. If the Contractor is not able to respond and begin sanding operations less than four hours after the time requested by the City, 2% of the rate quoted herein will be deducted for each one-half(1/2)hour of 13 P ortion thereof beyond three hours to when operations begin with a maximum deduct of 5%. If the Contractor does not respond within eight hours of City requested time of initiation, the Contractor shall forfeit 5% of the original performance bond. A premium adjustment of$10.00 per hour per piece of equipment will be made for each hour worked between the hours of 12:00 a.m. to 12 midnight on Sundays and the holidays of Thanksgiving, Christmas, and New Years Day. 8. INSURANCE/LIABILITY/CLAIMS A. Indemnification The Contractor indemnifies, saves and holds harmless the City and all of its agents and employees of and from any and all claims,demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the Contractor's performance under this agreement. It is hereby understood and agreed that any and all employees of the Contractor and all other persons employed by the Contractor in the performance of services under this agreement,required or provided for hereunder by the Contractor shall not be considered employees of the City and that any and Y Y all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said a employees while so engaged in gg Ii any and all claims made by any third parties as a consequence of any act IIor omission on the part of said Contractor's employees while so engaged 14 • in the performance of these services, to be rendered herein by the Contractor shall, in no way,be the obligation or responsibility of the City. B. Insurance The Contractor shall, at his sole cost and expense, carry and maintain general and public liability and property damage insurance coverage of $600,000 for any one accident and$1,000,000 aggregate protecting the Contractor, his employees and the City against any and all claims of any kind or character whatsoever arising from damage, injury (including bodily injury or death)caused by or arising from the operation and use of the machine at the request of the City. Such insurance shall be in full force and effect during the time that the machine is operated at the request of the City. Such insurance policy shall provide for a minimum of 30 days written notice to the City Clerk of cancellation,nonrenewal or material change of the required insurance coverage. The requirement and approval of this insurance by the City shall not in any way relieve or decrease the liability of the Contractor. It is expressly understood that the City does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Copies of the insurance certificates shall be filed with the City on execution of this agreement. C. Legal Compliance The Contractor agrees to comply with all State and Federal laws and local ordinances governing the employment of personnel including, but not 15 limited to, Minnesota Statute Section 181.59 relating to discrimination in employment, and Section 290.07 requiring the certification of income tax withholding. 1 im D. Claims The Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. 9. AGREEMENT APPROVAL CONSIDERATIONS A. Selection The City reserves the right to retain the services of the Contractor who, in the opinion of the City, can best provide the services requested under this agreement. Consideration shall be given to hourly rates, availability and condition of equipment,competency of operators,previous experience, response time and specific pieces of equipment so quoted. B. Combination of Quotations The City reserves the right to select any combination of equipment quoted for services requested in entering into this agreement. Only one hourly rate will be considered for each machine,but consideration will be given to any other rate or combination of rates not called for in this proposal if it is in the best interest of the City. 16 10. BID PROPOSALS A quotation is to be entered in the schedule of prices for each machine the Contractor proposes to furnish and such quotation shall be an hourly rate. All proposals must be type written or printed in ink and properly signed by an officer of the company. If the submitted proposal is accepted by the City and properly countersigned, it shall constitute a formal agreement between the Contractor and the City with no further revisions, addenda or exceptions acknowledged unless previously noted in writing on the bid proposal form. All required performance bonds, insurance certificates and additional requested information shall be submitted in a form acceptable to the City upon execution of the agreement and request by the City. 11. ADOPTED BY REFERENCE OF PROPOSAL The attached proposal, schedule of prices and description are adopted by reference as part of this agreement. 12. RECORD DISCLOSURE/MONITORING PROCEDURES Pursuant to Minnesota Statues §16B.06, Subd. 4 (1990),the books, records, documents and accounting procedures and practices of the Contractor relevant to the Contract are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor 17 as appropriate. Contractor agrees to maintain these records for a period of three(3)years from the date of the termination of this Agreement. 13. EQUAL EMPLOYMENT OPPORTUNITY—CIVIL RIGHTS A. During the performance of this Agreement,the Contractor agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status,public assistance status, creed, or nation of origin,be excluded from full employment rights in,participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination including but not limited to the Civil Rights Acts of 1964. The Contractor will furnish the City all reports required by the Secretary of Labor,the Minnesota Department of Human Services for the purposes of investigation to ascertain compliance with such rules, regulations and orders. The provisions of Minnesota Statutes §181.59,regarding non- discrimination and violations related therefrom are incorporated in this paragraph by reference as an obligation of the Contractor. B. If during the term of this contract or any extension thereof, it is discovered that the Contractor is not in compliance with the applicable statues and regulations or if the Contractor engages in any discriminatory practices, 18 1 N then the City may cancel this agreement as provided by the cancellation clause. 'SIN WITNESS WHEROF,the parties have set forth their hands and seals this fah day of C CO bier , 2001. - /, :,,;;;_-2,%. ii,e - / ez-v By: Signature VI � cl(\ckel S ( ��4►' 1-. Name(Please Print) For: ) , l 'OL'..Q t) ,\\"\ (`U CV}. ' 1,11 C Company Its: C_t F-iCJ r itle CITY OF OAK PARK HEIGHTS tow:tiw'r„4. ��By: rI . ! 6 l 6l �R+� Date Mayor Kimberly J Kamer Date Kimberly p Acting City Administrator 19 , CITY OF OAK PARK HEIGHTS DEPARTMENT OF PUBLIC WORKS 2001 - 2002 PROPOSAL FOR STREET SNOW REMOVAL AND SANDING Proposals will be received at the Oak Park Heights City Hall, 14168 Oak Park Boulevard North, Oak Park Heights, Minnesota, 55082 until 11:59 a.m. June 21, 2001 for the furnishing of Street Snow Removal and Sanding Operations in the City of Oak Park Heights. PROPOSAL OF i ' ei te\n, \ V'uc kn ADDRESS T . ' , g r,k ate ca-cr) PHONE (o ) )`i g (0t-74 - 14C 61905— NOTE: This proposal must be signed on the last page, and all sheets in this proposal must be returned when bidding. In accordance with the notice of the City of Oak Park Heights, Minnesota soliciting quotations (I) (We), the undersigned, hereinafter called the Contractor,hereby offer provide to the City of Oak Park Heights, hereinafter called the City,acting by and through its Director of Public Works, Street Snow Removal and Street Sanding for which the quotation may be accepted, subject to the terms and conditions herein specified; and the parties further agree that this proposal form shall become part of the agreement Street Snow Removal and Sanding upon its execution by the City. (I) (We) hereby certify that(I am) (We are)the only person(s) interested in this proposal as principal(s); that it is made and submitted without fraud or collusion with any other person, firm or corporation; and that(I) (We) have examined this Proposal and Agreement Form, and understand its contents. (I) (We)hereby certify that(I am) (We are)the Owner(s) or have previously contracted for the purpose of the Street Snow Removal and Sanding for which quotations are submitted herein and can furnish bill of sale or contract for purchase covering said equipment. This Proposal must be signed below in ink by a duly authorized agent of the Contractor providing the equipment and operator. (YOUR SIGNATURE MUST BE NOTARIZED WHEN SIGNING—SEE FOLLOWING PAGE.) Date 6- a1 , 2001. B Y - ,n� Signature r Name(Please Print) (� For:(r1 /R etAe_ rt2(' , ln(_, Company a Its: � Fr Cr Title The above quotation for Units No(s). is hereby accepted. r/1 CITY • ,4(44 13/M IGHTS 444 By: 1141114:4 / /4'4 2-* Davis c a det Date Mayor � . 0/ 10/0I ,,, , .� - - : itr I(tmpetDate City Clerk A e ti n G'ty AdYtil+ni sf ra-i or SCHEDULE OF PRICES The undersigned agrees to furnish one of the pieces of equipment described on the preceding pages in accordance with the terms of this proposal and agreement at the rates entered below at such time as they may be requested by the City. If a rate is being submitted for the use of in or wing,the make and model of these p g items should be inserted in the blank lines. Contractor may bid on one ore more of each type of equipment. A quotation may be rejected if any alteration or erasure is made in entering the rates. Quotation rates must be entered in ink or typewritten. Contractor: K Rc� -e� � ,-- Unit No. Type of Equipment yp Rate Per Hour (Y aft ' 100,00 S� '1. 0 H Clam, eV- Lc) )" 11 • 11 ° '" It p� S� 1 C4 Cr rek fir 1 ci 10 P 2.5' 0 a 1 a h �^ i s Lfrb �5 is Ci± 1 cc w .sic, , (I2 9 ' O-b At g0 g e.,a+ 4 r rite L.0 ''l 1 , q c CO c n flat:. -1 , car I o`.. cu ' l i e ' to c CI O 93 11 it Y1 , Type of Sand Cost Not Including Vehicle $/ton $/yard Sand(no salt) Sand/15%salt /6. 00 Sand/20% salt 1 r 5 Sand/25% salt ■-. 6,60 La 0«1 etb . Other(specify),? : e11 1 Q c32 n o Other(specify) SCHEDULE OF PRICES The undersigned agrees to furnish one of the pieces of equipment described on the P recedin g pages in accordance with the terms of this proposal and agreement at the rates entered below at such time as they may be requested by the City. If a rate is being submitted for the use of plow or wing, the make and model of these items should be inserted in the blank lines. Contractor may bid on one ore e more of each type of equipment. A quotation may be rejected if any alteration or erasure is made in entering the rates. Quotation rates must be entered in ink or typewritten. Contractor: '(� .� . .p�Q�� C L !'ic� T V1(' Unit No. Type of Equipment Rate Per Hour hri vCk ( c `rIck l? rift ke) S (1yNA CoLc-1 e cr^ic ©a l.1 ch, ;f' mit i I Yle rtr .rte -7it�t� Jiocv`1��S Ctiv.A Sit s re; r�1 Type of Sand Cost Not Including Vehicle $/ton $/yard Sand (no salt) Sand/15% salt Sand/20% salt Sand/25% salt Other(specify) Other(specify) AGREEMENT TO EXTEND FOR AN ADDITIONAL YEAR THE 2001 CITY OF OAK PARK HEIGHTS AGREEMENT FOR ROADWAY SNOW REMOVAL AND SANDING CONTRACT WHEREAS,the City of Oak Park Heights and M.J. Raleigh Trucking, Inc. entered into a contract dated October 10, 2001 to provide for roadway snow removal and sanding services within the City of Oak Park Heights to be provided by M.J. Raleigh Trucking, Inc.; and WHEREAS,both parties desire to extend the terms and provisions of said contract for an additional year from October 15,2002 to April 15, 2003; and WHEREAS, both parties have reviewed the former contract and are satisfied with its terms and conditions as provided; NOW THEREFORE BE IT AGREED BETWEEN THE PARTIES hereto that the October 10, 2001 City of Oak Park Heights Agreement for Roadway Snow Removal and Sanding Services Contract for 1 November 2001 — 15 April 2002 being the same is hereby extended and applicable for the period of time of October 15, 2002 to April 15,2003 and the terms and provisions thereof shall govern the parties' conduct and responsibilities accordingly. o Dated this €',-day of Cc,o 6c-( , 2002. FOR M. . IGH LICKING,INC. 2 Signature 1 r tt i e-\4 0,Q-\ S, R et)4: L Name (Please print) Its C-- F C--), / if 4OAKPARK . / TS ..r44 David Be ua d n .et, i•�� Kimberly Ktd per,.Qity Administrator lic'i't',\5 M.J. RALEIGH TRUCKING INC. P.O. BOX 261 DATE STILLWATER, MN 55082-0261 8/22/02 (612) -439-1488 SEP I To: CITY of OAK PARK HEIGHTS PUBLIC WORKS DEPARTMENT Re: CONTRACT EXTENSOIN CITYWIDE SNOWPLOWING for WINTER of 2002/2003 Dear administrators, As per my conversations with Jay Johnson, I (we) would like to request a contract extension of our current snowplowing contract as is provided in the existing contract conditions with your permision. All existing pricing would be the same as the previous year and no alterations would be needed other than changing the dates. Please inform me as to the viability for this extension as I hope it is in the best interests of all parties involved. Respectfully, MICHAEL S. RALEIGH C. F. O. LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierlirip 1 L. P. 1835 Northwestern Avenue James F.Lammers Stillwater,Minnesota 55082 Pail A.Wolff Robert G.Briggs * (1944-1996) Mark J.Vierling •o (651) 439-2878 J.Eckberg Thomas J.Weidner•� Lyle Susan D.Olson FAX(651) 439-2923 Of Counsel David K.Snyder •Qualified Neutral Arbitrator ' Timothy M.Kelley Writer's Direct Dial: (651)351-2118 *Certified Real Estate Specialist Sean P.Stokes Qualified Neutral Mediator August 21, 2002 Ms. Kimberly Kamper City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North P. O. Box 2007 Oak Park Heights, Minnesota 55082 Re: 2002 Agreement to Extend the 2001 Roadway Snow Removal and Sanding Contract Dear Ms. Kamper: Please find enclosed for your review and execution two original Agreements to extend the Oak Park Heights Roadway Snow Removal and Sanding Contract,one of which is for the City's files and one which is to be retained by M. J. Raleigh Truck'I nc. Please secure the necessary signatures and forward a copy of the executed agree 1- back t• me for my files. If you have any questions in this matter, : ease call Your- very , y, Mar' J. Vierling MJVidcb Enclosure cc: Jay Johnson,Public Works Director k � GITY OF OAK PARK HEIGHTS �' 14168 Oak Park Boulevard No • P.O.Box 2007•Oak.Park Heights,MN 55082-2007• Phone:651/4394439 • Fax:651/439-0574 October 9,2002 Michael Raleigh M.J. Raleigh Trucking Inc. P.O. Box 261 Stillwater,MN 55082-0261 Dear Mr:Raleigh; Enclosed is an original agreement to extend the Oak Park Heights roadway snow removal and sanding-contract for your files. The City of Oak Park Heights looks forward to.working with you during the snow and -- _ sanding season. Please contact us if you have any questions or concerns. Sincerely, 1...,........g.a.„..5. Kimberly Kamper Acting City Administrator cc: Mark Vierling,City Attorney : Jay Johnson,Public.Works Director Tree City U.S.A. October 9, 2002 Michael Raleigh M.J. Raleigh Trucking Inc. P.O. Box 261 Stillwater, MN 55082-0261 Dear Mr. Raleigh: Enclosed is an original agreement to extend the Oak Park Heights roadway snow removal and sanding contract for your files. The City of Oak Park Heights looks forward to working with you during the snow and sanding season. Please contact us if you have any questions or concerns. Sincerely, Kimberly Kamper Acting City Administrator cc: Mark Vierling, City Attorney Jay Johnson, Public Works Director a_ • i • t .„, E E E 8 f } 3 / „.'. . :'. 'i. : ''' .:r• $; f Lk �':r t1 E.. t , r;, • H. .�..,....A i•. .\ / ,.. a i f:. ` ! ,..'. E t' a r - _•p- :,.� y,.„o* ., a - ': 5',. r k !/ Vic { r r ...x L pg 5 € y:i' \.SL( z 4 f • �i -z 55 r. S i \. .: _Y e �. ; •°e c .' E yv o ^F S p iF t( Rj e E ,.... i I . 7J X m I o . \_ M 6r' 0 , '•-4,:::::, -,.,),".7,-1-.'-','.....,:•-:".•';' ,:',,,-"'',:11., '.: s _ � y ' �, g dZ -r \ r r n • \' Z �..- .. \\\ \ 1•\ yam•' ,(... 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":,„1:" 1: a 1 1 r cn CA f s W..k g 3 4, 6,' .::,.,-•,,i1-';',gkr4 • : Z 4::::::: ::::ii i. ...„.•••,•-d,„-.-4.:::: :,:i 1: .".". i§o0k. ;•,,.., •..... „,„. 11!!!!!1t!!!!“:"")t);i: ! „ , .Ili •.,,,,-.: ';'.-.:•:••;:',...:ii;.••,...„4:iiiii::;4 , m i Mae It j r 1 11�• w, s� f" r_�1 r 1.._r rn % J s Y I ' i E • r r zr Cn !!:: r1'r '!:''r''''' '!,' !!!:,,,,!,!!„:,r, ' „ ,,L w .ice IJrLt:J' � I ' .. ? .a f 3 rr T f ' ^ ; ,T x p)1 _ } JI r f 01 ¢ gg 0 0 t 7¢ 4' till' l� • t 1 £ I i 1 11 h t , 7 7< t n, 1 .1. „ 4S„, !Jr!"rr!! "'"1„,,S„):::!,1::,;:;,!!4::/!,4)):.,,,,,1„,!,,,1);:'141;111k)r!,t!r.,r":.rt.%4)"r)ti r4„r41"t tr'":!''".""!!,,,},/I ) "! ! : ' : :! r,,,{---- , ,,,, , ...„.„.... ._ ,, 1 R; t +"di'+ g A J<< kr , CITY OF OAK PARK HEIGHTS ADMINISTRATIVE POLICY PUBLIC WORKS/POLICE DEPARTMENT Snow Removal Policy: The Public Works Director shall decide when to begin snow and ice control operations for the City of Oak Park Heights. Snow removal, at the present time, is contracted between an outside contractor and the City of Oak Park Heights. It shall be the duty and obligation of the Public Works Director to supervise the performance and efficiency of the contract service. The Public Works Director shall be allowed discretion in making decisions as far as calling out snowplow services; however,the following guidelines shall be used in exercising discretion: A. Amount of snowfall: It is generally believed that a snowfall should be at least two inches (2") deep on bituminous roads and three inches(3") deep on gravel roads before snowplows will be dispatched. Notwithstanding this guideline, the following factors shall also be considered: 1. Drifting and blowing snow that causes problems for travel; 2. Icy conditions, which seriously affect travel and traffic control; and 3. Time of snowfall in relationship to the use of major roads and streets within the City. B. Duration of snowfall: Except in cases of projected heavy and continuous snow,the City will not usually dispatch snowplows until such time as the snowfall has stopped for that occasion. C. If the snowfall stops during regular working hours,the plows may be dispatched at that time. If the snowfall stops during the night or early morning hours,the plows will be dispatched between 3:00 a.m. and 5:00 a.m. Weekend plowing will be handled in a similar manner. Snow Removal Policy Page 2 D. Snow plows will not be sent out in situations that may be hazardous due to limited visibility or extreme cold or dangerously high winds. Notwithstanding any of the above,the Chief of Police shall have the authority and power to call out the contract provider for snowplow services. He may do so at any time he feels a particular section of the City or the City in whole is in need of snowplowing and/or salt/sanding services to alleviate or remove a clear and present danger or hazard to the public. II. Road Clearing Procedure: n the three phases (1)making the road Generally e clearing of roads will consist of thr p ase ( ) g passable, (2) widening and sanding, and(3) clean up. Depending upon the situation, more than one phase may be accomplished at one time. A. Making the road passable: This will involve removing the ice and snow from the center of the roadway in an attempt to clear one lane of traffic in each direction. Generally a snowplow and a wing will be used for this procedure. B. Widening and sanding: Widening shall be done to the edge of the shoulders of the road. Sanding shall be done as needed with the sand/salt mixture as is most appropriate given the weather and road conditions. Care should be taken in applying the sand/salt mixture to provide for the maximum safety of the public and minimal impact upon the environment as envisioned by Minnesota Statues Section 160.215. C. Clean up: Snow, ice and slush shall be removed from the roadway after the sun and sand/salt mixture has been allowed to work. This may include removing accumulations of snow and ice from piles if the piles create a hazardous condition. Any snow so removed shall be removed to a snow storage area approved by the Public Works Director. The snow storage area shall be located so as to minimize environmental problems. Snow removal operations will not begin until all other snowplowing operations have been completed. D. Bridges: When a snowplow travels over a bridge,the driver shall s low d own s o f h at sn ow d oes not g o over the bridg e embankment, if possible. Snow Removal Policy Page 3 III. Road and Street Priorities: The City classifies roads and streets, based upon the function of the road,traffic volume, and importance to the welfare of the community. The roads are described on the snowplow priority map, which shall be on filed with the City Clerk as are re d by the Public Works Director. Those classifications are p p Y follows: A. First priority road: These are high volume roads, which connect major sections of the City. They also provide primary access for emergency, fire,police and medical services. B. Second priority road: These roads are providing access to schools and commercial businesses. These roads also lead to higher density Y suburban-residential areas. C. Third priority road: These are low volume roads, generall leading to lower density suburban developments. IV. Interaction With Private Citizens: A. City vehicles and/or vehicles used by the private contractor on city business, shall not be used to plow private property. The only exception to this is in the event of a bonafide emergency situation, authorized by the Chief of Police. B. The City will not attempt to remove stuck vehicles from ditches, snow banks or other impediments. C. City residents shall not plow or blow snow into the roadway and shall remove parked vehicles from the roads to assist in the orderly clean up of snow and ice accumulations. City residents may be reminded by the Public Works Director that Minnesota Statute 160.27, Subdivision 5 (1) makes it a misdemeanor to obstruct any highway or deposit snow or ice thereon. Snow Removal Policy Page 4 V. Plowing Restrictions School children waiting for buses and snowplows are not compatible. The following are time that children are waiting for school buses each school day and plowing should be restricted to industrial areas: 7:00 a.m.until 9:15 a.m. Elementary, Middle, High, and St Croix Catholic schools 11:00 a.m. until 12:30 p.m. Kindergarten drop-off and pick-up 2:30 p.m. until 4:15 p.m. Afternoon drop-off After school activities buses for older students could be throughout the City until 6:30 p.m. Ice rinks are open until 9:00 p.m.. People have been observed jogging and walking along streets during the evening hours. Extra care should be taken if plowing is required during the evening. On street parking is permitted between 6:00 a.m. and 1:00 a.m. VI. Operations Between Storms Following a storm the City crew will perform touch-up and maintenance of all routes. These items will include plowing areas in which parked vehicles blocked the streets, areas missed by contractors,park trails, City parking lots, etc. Approved: July 10,2001 '4 -( a, CITY OF -��ffa�Y • OAK PARK HEIGHTS 51p34.;:• 14168 North 57th Street • P.O. Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 February 9, 2001 Jon Nelson Al Maintenance PO Box 10904 White Bear,MN 55110 Re: Error in Snow Plowing Route A Attached is a revised map of Route A for snow plowing. It includes the north half of Penfield Avenue North. This is the road which we has called on several times and finally discovered that it was our map making problem rather than a map reading problem. I have already called the City Council person who lives on that street and explained the reason her street was not being plowed. Please revise all copies of you route maps to include the north half of Penfield Avenue. Sincerely; ay son, PE Public Works Director Tree City U.S.A. EXHIBIT A 1 R< ,„.?„„ • • N , i ., iY -- 7 ' .a w. -- .. - ;\ mHL4tJ . f r • , -.7 N :` ..rte Y 7 W. • • • • r • 444. - • • 1 X • „c > W. . .. h ._„c ,c. \mi h xu�x.x.xosR+ro _ x.4`• w n.— z' t • h h . 4 ai m n:i.i;A.•. . . \ .-i+wCt . .Yom: . .. . 4.. M �r; T s d _ :-. , Y• i R pR:y .. ./ .tUii:Y } ` :: ::i b s s : j ::.,:�::x:z.. M 2 `:<......a. . $: < +;::iti:ti. ...:fy a a r x t pexk�+ M'n k ' ::ani:<:k..,•:.�::is -. .: , OAK PARK HEIGHTS SNOW REMOVAL ROUTE A 25,800 FEET 2 CU L DE SACS a 3,200 FEET JOINT WITH q . STILLWATER AND COUNTY J • $. x iF .�3.`a .{!/<%`6.'sr!•iQ:ri.'..: yQaa.°.a"/�azrGa.FC9*+a:<•y, .�ora ,. • T 1 CITY OF OAK PARK HEIGHTS AGREEMENT FOR SNOW REMOVAL 1 November 2000 — 1 April 2001 Route A Awarded to: Al Maintenance 1 r � CITY OF OAK PARK HEIGHTS AGREEMENT FOR SNOW REMOVAL 1 November 2000—1 April 2001 Route A 1. PURPOSE/INTENT A. Street Snow Removal The purpose of this agreement provides the City of Oak Park Heights (hereinafter City) and the successful proposer(hereinafter called Contractor)with a mutually acceptable agreement to provide planned and emergency scheduled snow removal operations on Route A local City streets and roadways within the City of Oak Park Heights, Minnesota. B. Routes Exhibit"A"to this agreement identifies the "residential route A"that is assigned to the Contractor and will become the Contractor's responsibility for snow removal operations under the terms and conditions of this agreement. Exhibits"A"is provided only as a reference to the location and approximate scope of the snow removal services required under this agreement. The City reserves the right to expand, decrease or modify the designated route (Exhibit) without prior notice to the Contractor and 1 without affecting any condition or provision contained within this agreement, including rates or compensation. C. Administration This agreement shall be entered into with the City of Oak Park Heights, administered by the Public Works Director and under the direct operation supervision of the Public Works Director and/or Foreman. D. Street Snow Removal Policy The City's snow removal policy requires the removal of snow from face of curb (F-F) of all local streets,roads and cul-de-sacs after the accumulation of two (2)or more inches of snow. Routes are to be completed within 8 hours of notification and when possible, routes are to be completed by 6:00 a.m. following an overnight storm. No parking is allowed on public streets between 1:00 a.m. and 6:00 a.m. It is the intention of the City to retain the services of the Contractor for each snowfall requiring "citywide curb to curb"removal. Historically,the City of Oak Park Heights averages approximately 49 inches of snow per year,requiring eight to ten separate snow removal operations. Cul-de-sac snow removal will be by"wasting"to all properties within the cul-de-sac and leading to the cul-de-sac. Stock piling for later removal 2 ' ( 1 will only be performed under the direction of the City,when snowfall conditions are extreme. E. Scope of Operations It is the intent of the City that the Contractor provide a minimum of two (2)pieces of equipment to perform the entire snow removal operation on a given route. Wheel loader type equipment is preferred for "wasting" snow on cul-de-sacs. Additional pieces of appropriate for each Route may be used by the Contractor for any or all snow removal operations with prior written approval of the City. 2. LENGTH OF AGREEMENT A. This agreement shall be a singular annual agreement limited to the snow removal season commencing November 1, 2000 and ending April 1,2001 inclusive. This agreement may be renewed by written mutual consent of both the City and the Contractor. B. This agreement may be terminated for good cause, including failure to perform in accordance with paragraphs 1.D and 6 of this agreement,by the City during the agreement period, subject to written notice being delivered by registered mail sent to the Contractor at the address referenced on the Proposal form. C. The City cannot and will not guarantee a minimum number of work hours for any snow removal operation or duration of the agreement. 3 1 3. EQUIPMENT A. Wheel Loader Wheel loaders shall be a rubber tired, articulated type having all-wheel drive and powered by an engine with a manufacturer's rating of at least 95 brake horsepower. It shall be equipped with a front bucket with a minimum of 2.5 cubic yards or a plow with a minimum width of 10.0 feet. An optional wing plow shall be equipped with variable "floating"down pressure. B. Motor Grader Motor graders shall be an articulated type with a minimum 4-wheel drive powered by an engine with a minimum manufacturer's rating of at least 125 horsepower. It shall be hydraulically operated with a moldboard of 14.0' in length. If used in conjunction with the optional wing plow, it shall have a combined minimum width of 21.0'. C. Dump Truck The truck shall be a minimum single-axle, dual rear wheel drive, 32,000 G.V.W. vehicle equipped with a front-end plow with a minimum length of 10.0'. If the optional wing plow is used, it shall have a combined moldboard width of 18.0'. Other equipment (smaller)may be acceptable upon the review and acceptance of the Public Works Director based on engine size, blade size and age of the truck and equipment. D. Accessories& Safety Equipment 4 All vehicles shall be properly equipped and outfitted to meet all local, county, state or federal laws required for on-the-road emergency snow removal operations. They shall provide the operator with full visibility in all directions and shall have a back-up warning system. The operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow the efficient and safe operation of that vehicle. The City reserves the right to reject at any time,without notice to the Contractor, any vehicle that does not appear to comply with all rules or regulations required for over-the-road snow removal operations. Rejection of vehicle acceptability will also take into consideration the condition and limitations of operation of the vehicle or its accessory equipment. E. Vehicle Designation/Replacements The Contractor shall provide to the City a copy of the certificate of title including the vehicle identification number(if available) and license plate number to the City within ten days of execution of this contract. After inspection by the City,those vehicles acceptable for performance under this contract will be verified by the City. Except for emergencies, any planned substitution or replacement of previously approved equipment shall require prior written approval by the City. 4. OPERATION & MAINTENANCE A. Operator 5 The Contractor shall ensure that the operator provided with each piece of equipment is fully trained and properly licensed with the State of Minnesota to operate the bid vehicle or any anticipated replacement. The Contractor shall make every effort possible to ensure that the same operator performs the snow removal operation during the length of the agreement. B. Parts&Fuel The hourly rates contained herein shall cover all operation and maintenance expenses including but not limited to fuel, lubricants, supplies and support services. It shall also include depreciation on the vehicle and related equipment including the repair, maintenance and replacement of all materials and supplies including cutting edges and tire chain cross links. It shall also include all labor,tools and equipment necessary for making any and all repairs or replacements which may be necessary to keep and maintain the machine and all parts thereof in proper and safe working order and serviceable repair. C. Storage The Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection/shelter/storage for both the vehicle and operator. 5. HOURLY RATES A. Operators All hourly rates quoted shall include full operation by a qualified operator. 6 B. Quantities All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.1 (tenth)hour. C. Premium/Overtime No premium calculation or additional adjustment shall be given to the rates quotes for any hours worked irregardless of day, date,time of day or consecutive hours worked in any given snow removal operation or calendar week unless specifically provided for in the agreement under Section 7C. D. Nonproductive/Downtime The hourly rate shall be paid for the actual number of hours the machine is operated under the direction of the City. The City shall not be responsible for payment for any time taken for rest or meal breaks. However,the City will recognize payment for routine maintenance and emergency repairs or adjustments necessary to keep the machine properly operating. However, limited accumulated delay time for which payment will be made shall not exceed ten(10.0)percent of the actual working time required for any single snow removal operation. This allowance shall be provided for only those pieces of equipment previously approved by the City for required snow removal operations under this agreement. 6. PERFORMANCE REQUIREMENTS A. Personnel 7 The Contractor shall provide the City with the name, address and telephone number(s) for at least two designated contact personnel responsible for insuring response to the City's request for services. The Contractor shall ensure that at least one of the contact persons is available and accessible 24 hours per day, seven days per week. B. Response Time The Contractor shall be able to respond and begin snow removal operations within two (2)hours and no later than four(4)hours from the start time requested by the City for any given snow removal request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide snow removal services through the completion of the routes designated in the attached exhibits as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor will be responsible for providing replacement personnel if snow removal operations require more than 16 consecutive hours of operation. C. Down Time The Contractor shall ensure that all equipment provided is maintained in a proper manner to minimize required maintenance or emergency repairs during the performance of snow removal operations. If, once commencing a snow removal operation, a piece of equipment becomes disabled and nonfunctionable for a period of three (3) consecutive hours, the Contractor 8 shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City. D. Communications The Contractor will maintain communications with the City through cellular phones at no cost to the City. During snow operations, the City will provide a portable two-way,hand-held radio for continuous communications with the Public Works Director/Foreman. The Contractor shall ensure that the operator maintains full availability for communication at all times during the snow removal operations. The City will assume all costs associated with the repair and maintenance of the radio to proper working conditions except for those costs associated with damage resulting from negligence or abuse by the operator which will be the responsibility of the Contractor. The Contract will maintain continuous communications with their operators such that directions from the City can be passed to the operators in a timely fashion. E. Authority/Direction The Contractor and his designated operators shall respond to all directions given by the City in a positive, courteous and timely manner during the snow removal operations. The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence or insubordination or inability of the piece of equipment to function properly for the requested services. 9 The Contractor shall begin the snow removal operations at a designated point and follow a specific progression as direction by the City. F. Law Obedience The Contractor and his designated operator shall be responsible for their actions and compliance with all regulatory laws and ordinances governing the operation of the machine while performing snow removal operations for the City. G. Performance Bond or Cash Deposit The Contractor shall provide and maintain a performance bond or cash deposit in a manner acceptable to the City in the amount of$2,500 for the duration of this agreement. The City shall not file against or use this performance bond or cash deposit for any issue or matter not relating to nonperformance or noncompliance with this agreement. H. Non Performance The Contractor shall waive any and all objections, rights to objections and claims for additional compensation, damages or loss of revenue resulting from work performed by the City either prior to, during or after any scheduled or emergency snow removal operation in lieu of these contractual services as may be necessary due to non performance or excessive delays of the Contractor. Property Damage 10 The Contractor shall be responsible for any and all damages to private as well as public property (including public utilities)due to its own or its employees negligence in performing snow removal operations. 7. COMPENSATION A. Payment Schedule All pay requests must be prepared and submitted by the Contractor as verified and approved by the Public Works Director. All pay requests so received and approved by the Public Works Director shall be processed and payment made by the City not less than 15 nor more than 30 days after receipt. B. Down Time No payment shall be made for any nonproductive or down time exceeding 10%of any singular snow removal operation. Compensable time shall include all time spent performing the snow removal operation subject to the exclusions identified herein and shall include all time spent performing the snow removal operations subject to the exclusions identified herein and shall include travel time to and from the Contractor's base of operations or City limits,whichever is the shorter distance. C. Bonuses When snow removal operations are requested to begin for 6:00 a..m. completion and Contractor is able to respond such that their designated routes are completed prior to 6:00 a.m., a 5%bonus will be paid to the hourly rates contained within this agreement. When called out for 11 immediate operations and the Contractor is able to respond and complete snow removal operations within eight hours, a 5%bonus will be paid to the hourly rates contained within this agreement for the duration of that snow removal operation provided the Contractor performs continuously to completion. A premium adjustment of$10.00 per hour per piece of equipment will be made for each hour worked between the hours of 12:00 a.m. to 12 midnight on Sundays and the holidays of Thanksgiving, Christmas, and New Years Day. D. Liquidated Damages for Untimely Performanc If the Contractor consistently is not able to respond and begin snow removal operations within four hours after the time requested by the City. Penalties will be assessed as follows: 5%of the rate quoted herein will be deducted for each one-half(1/2)hour of portion thereof beyond four hours to when operations begin, starting with the third untimely response and every time thereafter. If the Contractor does not respond within seven hours of City requested time of initiation,the Contractor shall forfeit 50% of the original performance bond. 8. INSURANCE/LIABILITY/CLAIMS A. Indemnification The Contractor indemnifies, saves and holds harmless the City and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by 12 reason of the Contractor's performance under this agreement. It is hereby understood and agreed that any and all employees of the Contractor and all other persons employed by the Contractor in the performance of services under this agreement,required or provided for hereunder by the Contractor shall not be considered employees of the City and that any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any and all claims made by any third parties as a consequence of any act or omission on the part of said Contractor's employees while so engaged in the performance of these services,to be rendered herein by the Contractor shall, in no way,be the obligation or responsibility of the City. B. Insurance The Contractor shall, at his sole cost and expense, carry and maintain general and public liability and property damage insurance coverage of $600,000 for any one accident and $1,000,000 aggregate protecting the Contractor,his employees and the City against any and all claims of any kind or character whatsoever arising from damage, injury (including bodily injury or death)caused by or arising from the operation and use of the machine at the request of the City. Such insurance shall be in full force and effect during the time that the machine is operated at the request of the City. Such insurance policy shall provide for a minimum of 30 days written notice to the City Clerk of cancellation, nonrenewal or material change of the required insurance coverage. The requirement and approval 13 of this insurance by the City shall not in any way relieve or decrease the liability of the Contractor. It is expressly understood that the City does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Copies of the insurance certificates shall be filed with the City on execution of this agreement. C. Legal Compliance The Contractor agrees to comply with all State and Federal laws and local ordinances governing the employment of personnel including,but not limited to,Minnesota Statute Section 181.59 relating to discrimination in employment, and Section 290.07 requiring the certification of income tax withholding. D. Claims The Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. 9. AGREEMENT APPROVAL CONSIDERATIONS A. Selection The City reserves the right to retain the services of the Contractor who, in the opinion of the City, can best provide the services requested under this agreement. Consideration shall be given to hourly rates, availability and condition of equipment, competency of operators, previous experience, response time and specific pieces of equipment so quoted. 14 B. Combination of Quotations The City reserves the right to select any combination of equipment quoted for services requested in entering into this agreement. Only one hourly rate will be considered for each machine,but consideration will be given to any other rate or combination of rates not called for in this proposal if it is in the best interest of the City. 10. PROPOSALS A quotation is to be entered in the schedule of prices for each machine the Contractor proposes to furnish and such quotation shall be an hourly rate. All proposals must be type written or printed in ink and properly signed by an officer of the company. If the submitted proposal is accepted by the City and properly countersigned, it shall constitute a formal agreement between the Contractor and the City with no further revisions, addenda or exceptions acknowledged unless previously noted in writing on the bid proposal form. All required performance bonds, insurance certificates and additional requested information shall be submitted in a form acceptable to the City upon execution of the agreement and request by the City. 11. ADOPTED BY REFERENCE OF PROPOSAL The attached proposal, schedule of prices and description are adopted by reference as part of this agreement. 12. RECORD DISCLOSURE/MONITORING PROCEDURES 15 Pursuant to Minnesota Statues §16B.06, Subd. 4 (1990),the books, records, documents and accounting procedures and practices of the Contractor relevant to the Contract are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate. Contractor agrees to maintain these records for a period of three (3)years from the date of the termination of this Agreement. 13. EQUAL EMPLOYMENT OPPORTUNITY—CIVIL RIGHTS A. During the performance of this Agreement,the Contractor agrees to the following: No person shall, on the grounds of race, color,religion, age, sex, disability,marital status,public assistance status, creed, or nation of origin, be excluded from full employment rights in,participation in,be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination including but not limited to the Civil Rights Acts of 1964. The Contractor will furnish the City all reports required by the Secretary of Labor,the Minnesota Department of Human Services for the purposes of investigation to ascertain compliance with such rules,regulations and orders. The provisions of Minnesota Statutes §181.59,regarding non- discrimination and violations related therefrom are incorporated in this paragraph by reference as an obligation of the Contractor. 16 I _ B. If during the term of this contract or any extension thereof, it is discovered that the Contractor is not in compliance with the applicable statues and regulations or if the Contractor engages in any discriminatory practices, then the City may cancel this agreement as provided by the cancellation clause. IN WITNESS WHEROF,the parties have set forth their hands and seals this 17day of November, 2000. ■ By JULIE R.JOHNSON Sig azure ,NOTARY PUBLIC-MINNESOTA � «;" WASHINGTON COUNTY u My Comm.Expires Jan.31,2005 ■ N e(Please Print) 9,6, -/e..,,,, ,,,_ For: 4_ / `' ^ 4-n<n‹ ‹., , Company Its: Title / CITY OF OAK PARK HEIGHTS By ( 0 : /1 L /, r r ob David D. Sc aaf / Date Mayor r -.-__ YN , \\..1.2. IZA. Thomas M. Melena Date City Clerk 17 EXHIBIT A ... N//%%!// / ::. r.,.„%;;,„;.%/YN%NH. /Nl//.1.. ..:. :::,..„.;fi:::4:fN%HN.....1///// s: /iiid. / ll�iaUUaal.viuN. t //.. .. a W 3". .. roe L - L r KS } .. � .... y 7i$.. '.vr.�.r _ /::::?:::5`&•?. If -i 4 'aw! »,.. i �' K... .. yb�rwD!upk•" r 53 tit:.:..:: M • • :i.-- t } w 4 p Y! • ..w. .. - !',544.0.?�.:_0,. iR:.. �. ...... :. UA \ S :M. 4 Y b S l ,0 <M E .: • . , \\ Z ' ' .5' :c P �ir t:::: •• ' - : T \.;::, ?:555,cta k'S?% 2?: ::i: ::::: .: y:r •••••••__. . .w : Y ro „ af );. :ice .: )......>:: vvn:` ,; y ; ,' ? ):S ; i:•.*\,`lt;;`.aS`Q:Si g.;'.:. :; .iM: > t� vv. ii:. :vv\.Y::)\Cn,•::n.:.,i{:,;��3ii)iii)ii :'n .. 'h.•.vn.::::.it).�.�: t.:i';iv.:;1V.nJ. 'ti<Y ... .. it .W. ti\2c;:a},2:.:t}n\�:iii::ijjy::\,nv n OAK PARK HEIGHTS SNOW REMOVAL ROUTE A ). : f. ' 25,800 FEET I. F fi 2 CUL DE SACS ;n : • 3,200 FEET JOINT WITH • STILLWATER AND COUNTY . f If .. »_. ._ SCHEDULE OF PRICES The undersigned agrees to furnish one of the iec p es of equipment described on the preceding pages in accordance with the terms of this proposal and agreement at the rates entered below at such time as they may be requested by the City. If a rate is being submitted for the use of plow or wing,the make and model of these items should be inserted in the blank lines. Contractor may bid on one ore more of each type of equipment. A quotation may be rejected if any alteration or erasure is made in entering the rates. Quotation rates must be entered in ink or typewritten. Unit No. Type of Equipment Rate ate Per Hour 1 , 1 Q A /Troth_ /ci,N fv,,„0 edo a►® I tut k i9ed FJri) (fva., Q fi �} 5-v d . 9s- 'I i41tic 1P17 FO (f&.)J !01 ;ru c I( X 911 PA F--31") 4 CV. 95- /aa Truck 90,7) For i- . 4s- _ s/ Id 3 ruck 1)6 o I 1✓3,9 r Ts-6 S S-y. 93— /09 ir,, k AO FA 1= if') 6---`1 . Is-- 7 — rutIL I49y /7-,:J 1" aS'c) i S0 .UJ -74 truck MO Toni ►" ..1v 4.0 •Ut) I I,Olt J.tr- 1444 P I LII:itel I, of t tr /4i-6 6 u /iiu-L 1s-9 ,(ir 3 -0,0,Ptc /94Q (,.t /Pis—(__ -r5-41 .QS Type of Sand J X 2l).- Cost Not Including Vehicle $/ton I $/yard Sand (no salt) Sand/10% salt Sand/ % salt Sand/ % salt Other(specify) Other(specify) CITY OF OAK PARK HEIGHTS DEPARTMENT OF PUBLIC WORKS AGREEMENT FOR THE LEASE AND RENTAL OF FULLY OPERATED EQUIPMENT FOR STREET SNOW REMOVAL Proposals will be received at the Oak Park Heights City Hall, 14168 Oak Park Boulevard North, Oak Park Heights, Minnesota, 55082 for the furnishing of Fully Operated Equipment for street snow removal operations in the City of Oak Park Heights. PROPOSAL OF ADDRESS P.t?• 6 x /d Pc/ 411;k ,'9 Z.,/ C //iv PHONE G,5`/ - ')-71 - dC5-41 ROUTE(S) FOR THIS PROPOSAL (circle) NOTE: This proposal must be signed on the last page, and all sheets in this proposal must be returned when bidding In accordance with the notice of the City of Oak Park Heights, Minnesota soliciting quotations (I) (We), the undersigned, hereinafter called the Contractor, hereby offer to lease and rent to the City of Oak Park Heights, hereinafter called the City, acting by and through its Director of Public Works, the Fully Operated Street Snow Removal Equipment for which the quotation may be accepted, subject to the terms and conditions herein specified; and the parties further agree that this proposal form shall become the agreement for the lease and rental of such Fully Operated Street Snow Removal Equipment upon its execution by the City. (I) (We)hereby certify that(I am) (We are)the only person(s) interested in this proposal as principal(s); that it is made and submitted without fraud or collusion with any other person, firm or corporation; and that(I) (We)have examined this Proposal and Agreement Form, and understand its contents. (I) (We)hereby certify that(I am) (We are)the Owner(s) or have previously contracted for the purpose of the Fully Operated Street Snow Removal Equipment for which quotations are submitted herein and can furnish bill of sale or contract for purchase covering said equipment. I J This Proposal must be signed below in ink by a duly authorized agent of the Contractor providing the equipment and operator. (YOUR SIGNATURE MUST BE NOTARIZED WHEN SIGNING—SEE FOLLOWING PAGE.) Date )- 0 , 2000. By: Si ature tAt ��K- SHARON L Name(P ease Print) NOTARY PUBuc•MINNN:'S OTA 4 My Commission Eimins Am.31,20015 For A - I 17‘;„fc^ —c 4 1 „ 1 Company Its: Title .Id /1 cot ROIAG The above quotation for Units No(s). 204/ -i rr 7../o/ r a ix t a a� f e 3, r u it i 7C, 76;I,Z, is hereby accepted. CITY OF • ' P HEM/ H ' A '' By: i ` 41 / 12" c G�' David D. Schaa / Date Mayor __SL w----, 81Nr-\f-v--- / \\\Z� 11-0-0,..) Thomas M. Melena Date City Clerk DESCRIPTION OF EQUIPMENT The following information must be completed as part of this proposal for each piece of equipment proposed to be furnished: (Use additional sheet). 1. Unit No.: di' Type of Equipment: 7r.,.k Make/Model: F,r,Q vv,� Year: /94 q Serial Number: Engine Make/Model: e-,4+ 3;to y Type of Engine (gas or diesel): 1a;ese I Horsepower: A5-z.) Plow Model/Size: 0d Wing Model/Size: // f - 1-h rd - rite,, Sander Style:C, type /� "rawl;L Sander Capacity: s- Other Accessory quipment: Location of Equipment: l2,/4 p r k 1{r.,qi 1-s Storage Point: 5-8-vs- , 47,le id,g,k Ile,ft,6 , Al,n 5-5-0b- (name of community and address) 2. Unit No.: 10 Type of Equipment: 7"- k.. Make/Model: -ova Year: i 9 0 Serial Number: Engine Make/Model: 62+ Type of Engine(gas or diesel): Q,•P../ Horsepower: Plow Model/Size: // fi- Nydre l,,r., Wing Model/Size: iv/A- Sander Style:�.,� iy. �/ �,�/. Sander Capacity: s y rP-I 1 Other Accessory Equipment: Location of Equipment: da/� ,�� /� �/�� �E-; Storage Point: 54 ys' 0„/e aoo,4 77.../ c),/e , /� //lt �is 211/ f ddb (name of community and address) 3. UnitNo.: at1 Type of Equipment: Tr„,& Make/Model: 1 ,,D y-oc Year: /9h 7 Serial Number: Engine Make/Model: C,9f , ,1 e Type of Engine(gas or diesel): /)..€ / Horsepower: as--U Plow Model/Size: // f //y1r= fug.•, Wing Model/Size: 4/, Sander Style: <,'4l � �� /lyirAk/.` Sander Capacity: y 5 Other Accessory Equipment: Location of Equipment: )>,i k.•, N Storage Point: /4 6(e.., ._ .-7„-e x. 44, e. .' ;n ,Sr (name of community and address) _ i DESCRIPTION OF EQUIPMENT The following information must be completed as part of this proposal for each piece of equipment proposed to be furnished: (Use additional sheet). 1. Unit No.: /p/ Type of Equipment: i ., (c. Make/Model: r,,,,S? _ 3s-c) Year: /99 Serial Number: Engine Make/Model: -7. S- /,' 41‘6, Type of Engine (gas or diesel): q,S Horsepower: a y j' Plow Model/Size: 1_eo Wing Model/Size: Y) Sander Style: x %/- Sander Capacity: a Other Accessory Equipment: Location of Equipment: v,,k 4,. k ,t/p.9 f Storage Point: cr,(c- 74re ',lea 1, i-a'/ eel rte- lc Ap.4<i /4-7/V 5-r-oct41. (name of community and address) 2. Unit No.: /ca Type of Equipment: Make/Model: F;„-,P .try Year: ;.)00 i Serial Number: Engine Make/Model: / Type of Engine(gas or diesel): /), PSG I Horsepower: a f-- Plow Model/Size: L Wing Model/Size: /J /E- Sander Style: /7/ - Sander Capacity: Other Accessory Equipment: Location of Equipment: Lie-/ i;-L 1-/e4,1 Storage Point: Says-' 5-4/.0 t o 4 f:..Y .0, 4 IL-/c ke.9,h4,, /7 s7r0i- (name of community and address) 3. Unit No.: IC) Type of Equipment:'Tu, £ Make/Model: Year: dc© / Serial Number: Engine Make/Model: u.�.-3 7. 3 1./Yr Aow Qr sM Type of Engine (gas or diesel): b Pu / Horsepower: d>1° Plow Model/Size: Le, g€t Win g Model/Size: Sander Style: >7 Y ,/'A- Sander Capacity: ).,/ Other Accessory Equipment: Location of Equipment: 5%-1,11.f a$ Q�av£ Storage Point: (name of community and address) DESCRIPTION OF EQUIPMENT The following information must be completed as part of this proposal for each piece of equipment proposed to be furnished: (Use additional sheet). 1. Unit No.: l 'y Type of Equipment: rw,jc_ Make/Model: 3s-4, Year: /9 y Serial Number: Engine Make/Model: r,X r7, 5-- /, /-c, cit Type of Engine (gas or diesel): ',S Horsepower: d v Plow Model/Size: /0404,-,-, r.,s•--cr Wing Model/Size: "/ . Sander Style: dhz- Sander Capacity: /- Other Accessory Equipment: Location of Equipment: ea/, /6;),,/ //,/,'yA �t Storage Point: 5/0, ft (name of community and ckdiess) 6--1/0 m '- 'r. 40c . 1/_ 47,,( ,0„/' //t, ' 7)7,54 2. Unit No.: -00,415" Type of Equipment: Tuc 1- Make/Model: ras� - c4s--43 Year: y99,1 erial Number: Engine Make/Model: ;-r32 s— Type of Engine(gas or diesel): if`s Horsepower: Plow Model/Size: Leo 7 s"ci- Wing Model/Size: ///9- Sander Style: ,//,9- Sander Capacity: j7%i Other Accessory Equipment: Location of Equipment: ,.,/e,v ,O Storage Point: ,,,, '/c ikc "1/4 (name of community and address) 3. Unit No.: j 6 Type of Equipment: Make/Model: Pr-Q �s-v Year: /9}+© Serial Number: Engine Make/Model: YQ,,P °7. ? i.+r r Type of Engine (gas or diesel): )),ecp + Horsepower: Plow Model/Size: ,Cris "i s- c4- Wing Model/Size: i2//3- Sander Style: Ng Sander Capacity: /2/4- Other Accessory Equipment: Location of Equipment: (j(c Ar .41s Storage Point: Srr 1 ,e y4J.,,; 5 f e"yY e (name of community and address) AA /L /-/i.,/,4-1 711 J ( DESCRIPTION OF EQUIPMENT The following information must be completed as part of this proposal for each piece of equipment proposed to be furnished: (Use additional sheet). 1. Unit No.: Type of Equipment: Q1,eel /oa,Pcr Make/Model:,. L..q,,, 7q./ Year: /9 i Serial Number: Engine Make/Model: r s Type of Engine(gas or diesel): d,r€j Horsepower: /4s— P+w M e1/Size: /9uc%ef c t 3 rJc Wing Model/Size: 41-A Sander Style: /?/,4 Sander Capacity: jy,¢- Other Accessory Equipment: Location of Equipment: ail/t Storage Point: (name of community and address) 2. Unit No.: Type of Equipment: 2a,ae i Make/Model:c;ye itc/s—L Year: /9x6 Serial Number: Engine Make/Model: e, Type of Engine (gas or diesel): 6;es( Horsepower: l o Plow Model/Size: yhe ye/ .Ct Wing Model/Size: n Sander Style: t7/, - Sander Capacity: /1/,•9 rOther Accessory Equipment: Snow 6 H<,e .-f j, , .fy pay htuil . Location of Equipment: O,/ ,L, 4.. fie,Y,1-5 Storage Point: Se-Z'j S.1,prrdo<i z- . / 4,„‘ /.?„/, Ave,fx/r (name of community and address) 3. Unit No.: S� Type of Equipment: L J — Make/Model: Ca K /$Lts— Yea': /90 Serial Number: Engine Make/Model: Type of Engine (gas or diesel): e ( Horsepower: 60 Plow Model/Size: �.D w rs}�r�, Wing ModelSize: //� Sander Style: 41,_ Sander Capacity: ,i//4— Other Accessory Equipment: 54,, hc.,t,e f- ! d - },,,t 'jl tJ b IOu;C,, Location of Equipment: �c ,�'Rr L /-/e.y I,4 Storage Point: 5--ls— 5141t (00, 4a.`/ Al p AA- (name of community and address) L ;.: :::::.: :. :. .: :.::.;::..;.:.;.:.:.::.;:.::.>;:.;:.;:.>::.;:.::.::::.;:.:;::::::.;:::::::;::::::::::::::::::::::::::::::. DATE(MM/ DIYY) 09/21/2000 :;; PRODUCEa`::<::........................................................................................................................ ...T HIS CERTIFICATE IS ISSUED AS A A M.............. ........................... :MATTER OF INFORMATION ... T ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Star Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2682 East County Rd E COMPANIES AFFORDING COVERAGE White Bear Lake, MN 55110 COMPANY A AMERICAN STATES INSURED COMPANY A-1 MAINTENANCE B AMERICAN STATES COMPANY PO BOX 10904 C AMERICAN STATES WHITE BEAR LAKE, MN 55110 COMPANY � D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DDNY) DATE(MM/DDNY) A GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 _ X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2,000,000 CLAIMS MADE X OCCUR 010E572490-1 05/21/2000 05/21/2001 PERSONAL&ADV INJURY $ 1.000,000 _ X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1.000.000 FIRE DAMAGE(Any one fire) $ 200,000 _ MED EXP(Any one person) $ 10.000 B AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE UMIT $ 300,000 • ALL OWNED AUTOS 010E572490-1 05/21/2000 05/21/2001 BODILY INJURY X SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ 1 GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE _ $ UMBRELLA FORM AGGREGATE $ _ OTHER THAN UMBRELLA FORM $ C WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY 01WC873854-10 05/21/2000 05/21/2001 EACH ACCIDENT $ 100,000 - THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $ 500,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $ 100,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS ..:.....::::...:.....::..:........::............................................................................................................... ..... ...... . CITY OF OAK PARK HEIGHTS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 14168 57TH ST N EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL OAK PARK HEIGHTS MN 55082 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ........................................................AUTHORIZ.,...E.. ::SENTATIVE I......................................... �:::::::.::....4i :>::..:: ...:....:............:...; .::i' ,.: ........,.,. ...:... ::...,.::.: . ... 09/21/2000 PRODUCER :........................................................................................................................ ............. ................................................................................:::::. ... c THIS CERTIFICATE IS ISSUED AS A MATTER O F INFORMATION Star Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2682 East County Rd E COMPANIES AFFORDING COVERAGE White Bear Lake, MN 55110 COMPANY A AMERICAN STATES INSURED COMPANY A-1 MAINTENANCE B AMERICAN STATES COMPANY PO BOX 10904 C AMERICAN STATES WHITE BEAR LAKE, MN 55110 COMPANY I D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DDNY) DATE(MM/DD/YY) A GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL UABIUTY PRODUCTS-COMP/OP AGG $ 2,000,000 CLAIMS MADE X OCCUR 010E572490-1 05/21/2000 05/21/2001 PERSONAL&ADV INJURY $ 1,000,000 _ X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE _ $ 1,000,000 _ FIRE DAMAGE(Any one fire) $ 200,000 MED EXP(Any one person) $ 10.000 B AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ 300,000 ALL OWNED AUTOS 010E572490-1 05/21/2000 05/21/2001 BODILY INJURY X SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE _ $ OTHER THAN!UMBRELLA FORM S C WORKERS COMPENSATION AND STATUTORY UMITS EMPLOYERS'LIABILITY 01WC873854-10 05/21/2000 05/21/2001 EACH ACCIDENT _ $ 100,000 _ THE PROPRIETOR/ INCL DISEASE-POUCY LIMIT $ 500.000 PARTNERS/EXECUTIVE — OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $ 100.000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CITY OF OAK PARK HEIGHTS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 14168 57TH ST N EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL OAK PARK HEIGHTS MN 55082 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHS IZ:1/I PREISEN ATIVE � ;:A:.'..��'C:yri..�,..l5 •: :::: •�'.j.:$::::i::i::';:>:�:?:>::::i::is�:�:: >:;'::;;::c f•::;�::i:`; ;�i:;ii;�::::::i:::i::::::;; �;i::s:::;;:';{::'::;'<'; +::i::i ::.:.:::.::::..:::�:.�:.:,:::::::::::::::::.�:...": .�. '.:'.'"..`.: :.;.''.:.�..�1�)a,!��:?.f.' :i: .;•::. .. :. r *' CITY OF OAK PARK HEIGHTS AGREEMENT FOR SNOW REMOVAL 1 November 2000 — 1 April 2001 Route B Awarded to: Bell Trucking CITY OF OAK PARK HEIGHTS AGREEMENT FOR SNOW REMOVAL 1 November 2000—1 April 2001 Route B 1. PURPOSE/INTENT A. Street Snow Removal The purpose of this agreement provides the City of Oak Park Heights (hereinafter City) and the successful proposer(hereinafter called Contractor)with a mutually acceptable agreement to provide planned and emergency scheduled snow removal operations on Route A local City streets and roadways within the City of Oak Park Heights, Minnesota. B. Routes Exhibit`B"to this agreement identifies the "residential route B"that is assigned to the Contractor and will become the Contractor's responsibility for snow removal operations under the terms and conditions of this agreement. Exhibits"B" is provided only as a reference to the location and approximate scope of the snow removal services required under this agreement. The City reserves the right to expand, decrease or modify the designated route (Exhibit)without prior notice to the Contractor and 1 without affecting any condition or provision contained within this agreement,including rates or compensation. C. Administration This agreement shall be entered into with the City of Oak Park Heights, administered by the Public Works Director and under the direct operation supervision of the Public Works Director and/or Foreman. D. Street Snow Removal Policy The City's snow removal policy requires the removal of snow from face of curb(F-F)of all local streets,roads and cul-de-sacs after the accumulation of two (2)or more inches of snow. Routes are to be completed within 8 hours of notification and when possible, routes are to be completed by 6:00 a.m. following an overnight storm. No parking is allowed on public streets between 1:00 a.m. and 6:00 a.m. It is the intention of the City to retain the services of the Contractor for each snowfall requiring "citywide curb to curb"removal. Historically,the City of Oak Park Heights averages approximately 49 inches of snow per year, requiring eight to ten separate snow removal operations. Cul-de-sac snow removal will be by"wasting"to all properties within the cul-de-sac and leading to the cul-de-sac. Stock piling for later removal 2 will only be performed under the direction of the City,when snowfall conditions are extreme. E. Scope of Operations It is the intent of the City that the Contractor provide a minimum of two (2)pieces of equipment to perform the entire snow removal operation on a given route. Wheel loader type equipment is preferred for "wasting" snow on cul-de-sacs. Additional pieces of appropriate for each Route may be used by the Contractor for any or all snow removal operations with prior written approval of the City. 2. LENGTH OF AGREEMENT A. This agreement shall be a singular annual agreement limited to the snow removal season commencing November 1, 2000 and ending April 1,2001 inclusive. This agreement may be renewed by written mutual consent of both the City and the Contractor. B. This agreement may be terminated for good cause, including failure to perform in accordance with paragraphs 1.D and 6 of this agreement, by the City during the agreement period, subject to written notice being delivered by registered mail sent to the Contractor at the address referenced on the Proposal form. C. The City cannot and will not guarantee a minimum number of work hours for any snow removal operation or duration of the agreement. 3 3. EQUIPMENT A. Wheel Loader Wheel loaders shall be a rubber tired, articulated type having all-wheel drive and powered by an engine with a manufacturer's rating of at least 95 brake horsepower. It shall be equipped with a front bucket with a minimum of 2.5 cubic p a ards or plow with a minimum width of 10.0 feet. Y An optional wing plow shall be equipped with variable "floating"down pressure. B. Motor Grader Motor graders shall be an articulated type with a minimum 4-wheel drive powered by an engine with a minimum manufacturer's rating of at least 125 horsepower. It shall be hydraulically operated with a moldboard of 14.0' in length. If used in conjunction with the optional wing plow, it shall have a combined minimum width of 21.0'. C. Dump Truck The truck shall be a minimum single-axle, dual rear wheel drive, 32,000 G.V.W. vehicle equipped with a front-end plow with a minimum length of 10.0'. If the optional wing plow is used, it shall have a combined moldboard width of 18.0'. Other equipment(smaller)may be acceptable upon the review and acceptance of the Public Works Director based on engine size, blade size and age of the truck and equipment. D. Accessories& Safety Equipment 4 All vehicles shall be properly equipped and outfitted to meet all local, county, state or federal laws required for on-the-road emergency snow removal operations. They shall provide the operator with full visibility in all directions and shall have a back-up warning system. The operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow the efficient and safe operation of that vehicle. The City reserves the right to reject at any time,without notice to the Contractor, any vehicle that does not appear to comply with all rules or regulations required for over-the-road snow removal operations. Rejection of vehicle acceptability will also take into consideration the condition and limitations of operation of the vehicle or its accessory equipment. E. Vehicle Designation/Replacements The Contractor shall provide to the City a copy of the certificate of title including the vehicle identification number(if available) and license plate number to the City within ten days of execution of this contract. After inspection by the City,those vehicles acceptable for performance under this contract will be verified by the City. Except for emergencies, any planned substitution or replacement of previously approved equipment shall require prior written approval by the City. 4. OPERATION& MAINTENANCE A. Operator 5 The Contractor shall ensure that the operator provided with each piece of equipment is fully trained and properly licensed with the State of Minnesota to operate the bid vehicle or any anticipated replacement. The Contractor shall make every effort possible to ensure that the same operator performs the snow removal operation during the length of the agreement. B. Parts& Fuel The hourly rates contained herein shall cover all operation and maintenance expenses including but not limited to fuel, lubricants, supplies and support services. It shall also include depreciation on the vehicle and related equipment including the repair,maintenance and replacement of all materials and supplies including cutting edges and tire chain cross links. It shall also include all labor,tools and equipment necessary for making any and all repairs or replacements which may be necessary to keep and maintain the machine and all parts thereof in proper and safe working order and serviceable repair. C. Storage The Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection/shelter/storage for both the vehicle and operator. 5. HOURLY RATES A. Operators All hourly rates quoted shall include full operation by a qualified operator. 6 B. Quantities All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.1 (tenth) hour. C. Premium/Overtime No premium calculation or additional adjustment shall be given to the rates quotes for any hours worked irregardless of day, date,time of day or consecutive hours worked in any given snow removal operation or calendar week unless specifically provided for in the agreement under Section 7C. D. Nonproductive/Downtime The hourly rate shall be paid for the actual number of hours the machine is operated under the direction of the City. The City shall not be responsible for payment for any time taken for rest or meal breaks. However,the City will recognize payment for routine maintenance and emergency repairs or adjustments necessary to keep the machine properly operating. However, limited accumulated delay time for which payment will be made shall not exceed ten(10.0)percent of the actual working time required for any single snow removal operation. This allowance shall be provided for only those pieces of equipment previously approved by the City for required snow removal operations under this agreement. 6. PERFORMANCE REQUIREMENTS A. Personnel 7 The Contractor shall provide the City with the name, address and telephone number(s)for at least two designated contact personnel responsible for insuring response to the City's request for services. The Contractor shall ensure that at least one of the contact persons is available and accessible 24 hours per day, seven days per week. B. Response Time The Contractor shall be able to respond and begin snow removal operations within two (2)hours and no later than four(4)hours from the start time requested by the City for any given snow removal request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide snow removal services through the completion of the routes designated in the attached exhibits as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor will be responsible for providing replacement personnel if snow removal operations require more than 16 consecutive hours of operation. C. Down Time The Contractor shall ensure that all equipment provided is maintained in a proper manner to minimize required maintenance or emergency repairs during the performance of snow removal operations. If, once commencing a snow removal operation, a piece of equipment becomes disabled and nonfunctionable for a period of three (3) consecutive hours,the Contractor 8 shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City. D. Communications The Contractor will maintain communications with the City through cellular phones at no cost to the City. During snow operations,the City will provide a portable two-way, hand-held radio for continuous communications with the Public Works Director/Foreman. The Contractor shall ensure that the operator maintains full availability for communication at all times during the snow removal operations. The City will assume all costs associated with the repair and maintenance of the radio to proper working conditions except for those costs associated with damage resulting from negligence or abuse by the operator which will be the responsibility of the Contractor. The Contract will maintain continuous communications with their operators such that directions from the City can be passed to the operators in a timely fashion. E. Authority/Direction The Contractor and his designated operators shall respond to all directions given by the City in a positive, courteous and timely manner during the snow removal operations. The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence or insubordination or inability of the piece of equipment to function properly for the requested services. 9 The Contractor shall begin the snow removal operations at a designated point and follow a specific progression as direction by the City. F. Law Obedience The Contractor and his designated operator shall be responsible for their actions and compliance with all regulatory laws and ordinances governing the operation of the machine while performing snow removal operations for the City. G. Performance Bond or Cash Deposit The Contractor shall provide and maintain a performance bond or cash deposit in a manner acceptable to the City in the amount of$2,500 for the duration of this agreement. The City shall not file against or use this performance bond or cash deposit for any issue or matter not relating to nonperformance or noncompliance with this agreement. H. Non Performance The Contractor shall waive any and all objections,rights to objections and claims for additional compensation, damages or loss of revenue resulting from work performed by the City either prior to, during or after any scheduled or emergency snow removal operation in lieu of these contractual services as may be necessary due to non performance or excessive delays of the Contractor. Property Damage 10 The Contractor shall be responsible for any and all damages to private as well as public property (including public utilities) due to its own or its employees negligence in performing snow removal operations. 7. COMPENSATION A. Payment Schedule All pay requests must be prepared and submitted by the Contractor as verified and approved by the Public Works Director. All pay requests so received and approved by the Public Works Director shall be processed and payment made by the City not less than 15 nor more than 30 days after receipt. B. Down Time No payment shall be made for any nonproductive or down time exceeding 10%of any singular snow removal operation. Compensable time shall include all time spent performing the snow removal operation subject to the exclusions identified herein and shall include all time spent performing the snow removal operations subject to the exclusions identified herein and shall include travel time to and from the Contractor's base of operations or City limits, whichever is the shorter distance. C. Bonuses When snow removal operations are requested to begin for 6:00 a..m. completion and Contractor is able to respond such that their designated routes are completed prior to 6:00 a.m., a 5%bonus will be paid to the hourly rates contained within this agreement. When called out for 11 immediate operations and the Contractor is able to respond and complete snow removal operations within eight hours, a 5%bonus will be paid to the hourly rates contained within this agreement for the duration of that snow removal operation provided the Contractor performs continuously to completion. A premium adjustment of$10.00 per hour per piece of equipment will be made for each hour worked between the hours of 12:00 a.m. to 12 midnight on Sundays and the holidays of Thanksgiving, Christmas, and New Years Day. D. Liquidated Damages for Untimely Performanc If the Contractor consistently is not able to respond and begin snow removal operations within four hours after the time requested by the City. Penalties will be assessed as follows: 5%of the rate quoted herein will be deducted for each one-half(1/2)hour of portion thereof beyond four hours to when operations begin, starting with the third untimely response and every time thereafter. If the Contractor does not respond within seven hours of City requested time of initiation, the Contractor shall forfeit 50% of the original performance bond. 8. INSURANCE/LIABILITY/CLAIMS A. Indemnification The Contractor indemnifies, saves and holds harmless the City and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by 12 reason of the Contractor's performance under this agreement. It is hereby understood and agreed that any and all employees of the Contractor and all other persons employed by the Contractor in the performance of services under this agreement,required or provided for hereunder by the Contractor shall not be considered employees of the City and that any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any and all claims made by any third parties as a consequence of any act or omission on the part of said Contractor's employees while so engaged in the performance of these services,to be rendered herein by the Contractor shall, in no way, be the obligation or responsibility of the City. B. Insurance The Contractor shall, at his sole cost and expense,carry and maintain general and public liability and property damage insurance coverage of $600,000 for any one accident and$1,000,000 aggregate protecting the Contractor, his employees and the City against any and all claims of any kind or character whatsoever arising from damage, injury(including bodily injury or death)caused by or arising from the operation and use of the machine at the request of the City. Such insurance shall be in full force and effect during the time that the machine is operated at the request of the City. Such insurance policy shall provide for a minimum of 30 days written notice to the City Clerk of cancellation,nonrenewal or material change of the required insurance coverage. The requirement and approval 13 of this insurance by the City shall not in any way relieve or decrease the liability of the Contractor. It is expressly understood that the City does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Copies of the insurance certificates shall be filed with the City on execution of this agreement. C. Legal Compliance The Contractor agrees to comply with all State and Federal laws and local ordinances governing the employment of personnel including,but not limited to, Minnesota Statute Section 181.59 relating to discrimination in employment, and Section 290.07 requiring the certification of income tax withholding. D. Claims The Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. 9. AGREEMENT APPROVAL CONSIDERATIONS A. Selection The City reserves the right to retain the services of the Contractor who, in the opinion of the City, can best provide the services requested under this agreement. Consideration shall be given to hourly rates, availability and condition of equipment, competency of operators,previous experience, response time and specific pieces of equipment so quoted. 14 6 B. Combination of Quotations The City reserves the right to select any combination of equipment quoted for services requested in entering into this agreement. Only one hourly rate will be considered for each machine,but consideration will be given to any other rate or combination of rates not called for in this proposal if it is in the best interest of the City. 10. PROPOSALS A quotation is to be entered in the schedule of prices for each machine the Contractor proposes to furnish and such quotation shall be an hourly rate. All proposals must be type written or printed in ink and properly signed by an officer of the company. If the submitted proposal is accepted by the City and properly countersigned, it shall constitute a formal agreement between the Contractor and the City with no further revisions,addenda or exceptions acknowledged unless previously noted in writing on the bid proposal form. All required performance bonds, insurance certificates and additional requested information shall be submitted in a form acceptable to the City upon execution of the agreement and request by the City. 11. ADOPTED BY REFERENCE OF PROPOSAL The attached proposal, schedule of prices and description are adopted by reference as part of this agreement. 12. RECORD DISCLOSURE/MONITORING PROCEDURES 15 Pursuant to Minnesota Statues §16B.06, Subd. 4 (1990),the books, records, documents and accounting procedures and practices of the Contractor relevant to the Contract are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate. Contractor agrees to maintain these records for a period of three(3)years from the date of the termination of this Agreement. 13. EQUAL EMPLOYMENT OPPORTUNITY—CIVIL RIGHTS A. During the performance of this Agreement,the Contractor agrees to the following: No person shall, on the grounds of race,color, religion, age, sex, disability,marital status,public assistance status, creed, or nation of origin, be excluded from full employment rights in,participation in,be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination including but not limited to the Civil Rights Acts of 1964. The Contractor will furnish the City all reports required by the Secretary of Labor,the Minnesota Department of Human Services for the purposes of investigation to ascertain compliance with such rules, regulations and orders. The provisions of Minnesota Statutes §181.59,regarding non- discrimination and violations related therefrom are incorporated in this paragraph by reference as an obligation of the Contractor. 16 B. If during the term of this contract or any extension thereof, it is discovered that the Contractor is not in compliance with the applicable statues and regulations or if the Contractor engages in any discriminatory practices, then the City may cancel this agreement as provided by the cancellation clause. IN WITNESS WHEROF,the parties have set forth their hands and seals this day of November, 2000. >" ,# By: �r-� � / gnature T�3 r\ �e lI Name(Please Print) For: (3e Il s If u c Jc ' 1-16 Company Its: Qt`e5I ae,r 1 Ti le CITY OF OAK PARK HEIGHTS �f By: tr r y/!!�i 1 David D. Sc aaf Date Mayor Thomas M. Melena Date City Clerk 17 , !• s }. EXHIBIT B r M., ,4. s^ w 79--r„'^ .'- --rf.. 4 d•4 YM .:: G 4...• • . . "- ......-: . ,...,,:,..„.,..., ...:: : . . :, ,,. . ... . ....,...-„....,,„.„-..... ,:, .:.-.. -:::,-,...:.:,...;;;;,5., ,.'. ..fe.,,,,,,,,, .,.-r.r � f � ;3. 4 • K /: s W y ^ 4 z -.. r. ^v,w^A.tt y 3 N a�... z ' F t 2.4 .1 Y Y k � 4q K 2 %$,.w `mo. r.A �s f`• - ., ,4 ;.,:::;:.:.7.7 Z 2 Mil i �9 S • S • •3Yk 744tacoS0'd$0.,4 4f4g.if t4::0 .CYt4 e�1 OAK PARK HEIGHTS SNOW REMOVAL ROUTE B 27300 FEET , .. 8 1/2 CUL DE SACS WSSISEINSMANSIIIIP 9,900 FEET OF PRIORITY STREETS JOINT WITH OPH PUBLIC WORKS •• - . 3 .......". : M � � r7 CITY OF OAK PARK HEIGHTS OCT _ 3 L: i. DEPARTMENT OF PUBLIC WORKS �) AGREEMENT FOR THE LEASE AND RENTAL OF FULLY OPERATED EQUIPMENT FOR STREET SNOW REMOVAL Proposals will be received at the Oak Park Heights City Hall, 14168 Oak Park Boulevard North, Oak Park Heights, Minnesota, 55082 for the furnishing of Fully Operated Equipment for street snow removal operations in the City of Oak Park Heights. PROPOSAL OF c•&yrC_ ADDRESS j -2,1 y-1 m e_k u.�, 1c 0 1 f", ∎ \\ks PHONE CL,c-;t - 3`A -�7 ROUTE(S) FOR THIS PROPOSAL (circle) A NOTE: This proposal must be signed on the last page, and all sheets in this proposal must be returned when bidding. In accordance with the notice of the City of Oak Park Heights, Minnesota soliciting quotations (I) (We), the undersigned, hereinafter called the Contractor, hereby offer to lease and rent to the City of Oak Park Heights, hereinafter called the City, acting by and through its Director of Public Works, the Fully Operated Street Snow Removal Equipment for which the quotation may be accepted, subject to the terms and conditions herein specified; and the parties further agree that this proposal form shall become the agreement for the lease and rental of such Fully Operated Street Snow Removal Equipment upon its execution by the City. (I) (We) hereby certify that (I am) (We are)the only person(s) interested in this proposal as principal(s); that it is made and submitted without fraud or collusion with any other person, firm or corporation; and that(I) (We) have examined this Proposal and Agreement Form, and understand its contents. (I) (We) hereby certify that (I am) (We are)the Owner(s) or have previously contracted for the purpose of the Fully Operated Street Snow Removal Equipment for which quotations are submitted herein and can furnish bill of sale or contract for purchase covering said equipment. r This Proposal must be signed below in ink by a duly authorized agent of the Contractor providing the equipment and operator. (YOUR SIGNATURE MUST BE NOTARIZED WHEN SIGNING—SEE FOLLOWING PAGE.) Date ®c--\' _-- ,2000. By:- cr,-, Signature Vic, ., 6 X11. t -[ � Name(Please Print) 0 if • For: d.A\4 --c• r Lc..k i l l� t.: .,. MARGARET SEIM f�' ' ;41 NOTARY PUBLIC•MINNESOTA Company MY COMMISSION EXPIRES 1.31.2005 • . Its: i`c :, 0,Q__vv't`. Title The above quotation for Units No(s). 2a, -27 s; ,f1 f 4A P Dvo,r/ F.s„t ? d (aad1.�i 1f g hereby accepted. CITY O' f AK PA IIGHTS (.A By: �G'� _ / /'/- / - David D. chaaf Date Mayor vim.- / \\At S) k� Thomas M. Melena Date City Clerk SCHEDULE OF PRICES The undersigned agrees to furnish one of the pieces of equipment described on the preceding pages in accordance with the terms of this proposal and agreement at the rates entered below at such time as they may be requested by the City. If a rate is being submitted for the use of plow or wing,the make and model of these items should be inserted in the blank lines. Contractor may bid on one ore more of each type of equipment. A quotation may be rejected if any alteration or erasure is made in entering the rates. Quotation rates must be entered in ink or typewritten. IUnit No. Type of Equipment Rate Per Hour /C;"C r r N,N\ L L-c�exr � Type of Sand Cost Not Including Vehicle $/ton $/yard Sand (no salt) Sand/10% salt Sand/ % salt o Sand! /o salt Other(specify) Other(specify) DESCRIPTION OF EQUIPMENT The following information must be completed as part of this proposal for each piece of equipment proposed to be furnished: (Use additional sheet). 1. Unit No.: D., Type of Equipment: —"C''L, Make/Model: Ste.o C\ 0 i Year: l-a'1 Serial Number: .Cj.' tc.\c, v Engine Make/Model: ��� -�,'—�C) k Type of Engine (gas or diesel): \ Horsepower: `D \1.. Plow Model/Size: ., , `) Wing Model/Size: Sander Style: .,r,, r c) Sander Capacity: Other Accessory Equipment: Location of Equipment: \3 , rh c�k�,,t c V R Storage Point: (name of community and address) 2. Unit No.: Type of Equipment: jbC_,� \ Make/Model: 4:7)'-3 Year: "s"\`"1 Serial Number: c, \y \\7);75 Engine Make/Model: Type of Engine (gas or diesel): 0 Horsepower: C\k--; Plow Model/Size: ' Wing ModeUSize: Sander Style: Sander Capacity: Other Accessory Equipment: �?,�,�� ,z--� Location of Equipment: �- ��; Storage Point: (name of community and address) 3. Unit No.: Type of Equipment: Make/Model: Year: Serial Number: Engine Make/Model: Type of Engine (gas or diesel): Horsepower: Plow Model/Size: Wing Model/Size: Sander Style: Sander Capacity: Other Accessory Equipment: Location of Equipment: Storage Point: (name of community and address) DESCRIPTION OF EQUIPMENT The following information must be completed as part of this proposal for each piece of equipment proposed to be furnished: (Use additional sheet). 1. Unit No.: Type of Equipment: P CPU/ % C L// t / / d.-h Make/Model: FC'o Year: Serial Number: Engine Make/Model: C''e„,m 19-? I✓to „3 e 6 Type of Engine (gas or diesel): 6 .e FS L_ Horsepower: .�° D Plow Model/Size: /4' '`'-F' Wing Model/Size: (3 'rte Sander Style: 1/ 64N- Gatti& . Sander Capacity: fc v.l Other Accessory Equipment: (v6----7't./T4“U. Location of Equipment: Pf--/" C_- r (l l Storage Point: (name of community and address) 2. Unit No.: Type of Equipment: 0 ( ( r2 L C-/C_.._ Make/Model: l` �S 6 f-,744, Year: 3 ? Serial Number: Engine Make/Model: 7 s P 2 / Type of Engine (gas or diesel): e l4 S Horsepower: c2_5 6 Plow Model/Size: t'( 1"r- Wing Model/Size: Sander Style: /--/i.?A , C.J-C ?4g._ Sander Capacity: p r Other Accessory E pment: c''4.-NT,-I,Q l_ 71 lj Location of Equipment: S PLLI C Lk /4► / i Storage Point: (name of community and address) 3. Unit No.: Type of Equipment: F-46 eti q Make/Model: ('Q S,G- 4 Iva Year: 57/ Serial Number: Engine Make/Model: L., m/V4 Type of Engine (gas or diesel): Horsepower: / 75 Plow Model/Size: Wing Model/Size: Sander Style: Sander Capacity: Other Accessory Equipment: ,�9 o ,/; Li j„ kg/ Location of Equipment: , ,l'/' L/C Pi.)X. / Storage Point: (name of community and address) Minnesota Workers' Compensation Assigned Risk Plan Standard Workers'Compensation and Employers' Liability Policy r Contract Administrator Berkley Risk Administrators Company,LLC Berkley Risk Administrators Company, LLC P.O. Box 59143 Minneapolis, Minnesota 55459-0143 Phone (612)766-3000 CERTIFICATE OF INSURANCE 1. The Insured: Policy Number:WC-22-04-098079-00 Bells Trucking Inc Association File Number: 3123177 PO Box 175 Stillwater, MN 55082 Tax ID#: F 411920108 UIC#: 2723500-000 Policy Period: From: 5/17/2000 To: 5/17/2001 Date of Mailing: 11/30/2000 The Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the Policy listed below. This is to certify that the Policy of Insurance described herein has been issued to the Insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this Certificate may be issued or may pertain,the insurance afforded by the Policy described herein is subject to all the terms, exclusions and conditions of such Policy. �tsr a-say.�vs4:-` 'aid *,.��rv,a/�;,w �'�:�.'�'S�, �� `s �� �s�F�. '.gym "TYPE OF Al- ANC `., x w e:a. .mcts« aa. r { =� '�av .rocx�ne.* -4.--sue. »,u+:w^� 7Z,... � 7� 4 '-;.,u..,: ^ =4.—;,F ,, k ,„.s? d+'xks^' „ =tw---r�,, #i#` x �- ,,,,,4+$"`�" '��4A',A?Lti"aSi `• rk',yY4,,.t'„ x-a#°4.°�,u+.x"Fn,utd'4esS#�.'3�,`z4e"Y +..`hiF.�^"�^'�.k. °#-Sia m`& ���+�,\�Rik,�,�# 'x �4`t4,�**"��,`w�� �� Part One Workers'Compensation Statutory Part Two Bodily Injury by Accident $100,000 each accident. Employers'Liability Bodily Injury by Disease $500,000 policy limit. Bodily Injury by Disease $100,000 each employee. Should the above Policy be canceled before the expiration date thereof,the Company will endeavor to mail 30 days written notice to the below named Certificate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the Company. OFFICERS NOT COVERED. DEC -- 5 Certificate Holder's Name and Address: City of Oak Park Heights PO Box 2007 Oak Park Heights,MN 55082 Agency Name and Address Date Issued: 11/30/2000 Valley Agencies Inc > / 950 N Hwy 95 — „ - Bayport,MN 55003 BA3140 P.K1 onz2 ISSUE DATE(MM/DDIYY) CERTIFICATE OF INSURANCE 11/14/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE VALLEY AGENCY INC. POLICIES BAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 950 NORTH HI WAY 95 COMPANIES AFFORDING COVERAGE BAYPORT MN 55003 COTTMPANER Y A ESSEX INSURANCE COMPANY LE COMPANY B INSURED LETTER BELL'S TRUCKING INC COMPANY LETTER C PO BOX 775 COMPANY D LETTER STILLWATER MN 55082 COMPANY E LETTER CCVERAGEE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDD/YY) DATE(MM/OD/YY) GENERAL LIABILITY GENERAL AGGREGATE $1, 000, 000 A X COMMERCIAL GENERAL LIABILITY 2AE2 7 5 0 R-2 10/28/00 10/28/01 PRODUCTS-COMP/OP AGG. $1, 000, 000 4 CLAIMS MADE X I OCCUR. PERSONAL&ADV.INJURY $1, 000, 000 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE(Any one tire) $ 50, 000 MED.EXPENSE(Any one person) $ 1, 000 AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM 'This insurance is issued pursuant to the AGGREGATE $ OTHER THAN UMBRELLA FORM Minnesota Surplus Lines Insurance Act.The WORKER'S COMPENSATION is not otherwise licensed by the State of STATUTORY LIMITS AND Minnesota.In case of insolvency,payment EACH ACCIDENT $ EMPLOYERS'LIABILITY of claims Is not guaranteed." DISEASE—POLICY LIMIT $ DISEASE—EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: SAND & GRAVEL HAULER *** REVISED *** COVERAGE IS PROVIDED FOR THE NAMED INSURED' S OPERATIONS/NEGLIGENCE ONLY. CERTIOIGATE,HOLDER4 CANCELLATION. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF OAK PARK HEIGHTS MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE PO BOX 2007 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR OAK PARK HEIGHTS, MN 55082 j 8 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE President 2s•s(7190) PK19��9 CERTIFICATE INSURANCE ISSUE DATE(MM/DD/YY) CERTIFICATE OF 11/14/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE VALLEY AGENCY INC. DOES NO BAMOEN, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 950 NORTH HIWAY 95 COMPANIES AFFORDING COVERAGE BAYPORT MN 55003 COMPANY LETTER A ESSEX INSURANCE COMPANY COMPANY B INSURED LETTER BELL'S TRUCKING INC COMPANY LETTER C PO BOX 775 COMPANY LETTER D STILLWATER MN 55082 COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM)DD/YY) DATE(MMIDD/YY) GENERAL LIABILITY GENERAL AGGREGATE $1, 000, 000 A X COMMERCIAL GENERAL LIABILITY 2 AE 2 7 5 0 R-2 10/28/00 10/28/01 PRODUCTS-COMPIOP AGG. $1, 000/ 000 CLAIMS MADE X OCCUR. PERSONAL&ADV.INJURY $1, 000, 000 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE(Any one tire) $ 50, 000 MED.EXPENSE(Any one person) $ 1, 000 AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM This insurance is issued pursuant to the AGGREGATE $ OTHER THAN UMBRELLA FORM Minnesota Surplus Lines insurance Act.The . s Insurer is an eligible surplus lines insurer but , < WORKER'S COMPENSATION is not otherwise ,Ceased by the State of STATUTORY LIMITS ? AND Minnesota.In case of insolvency,payment EACH ACCIDENT $ EMPLOYERS'LIABILITY of claims is not guaranteed." DISEASE—POLICY LIMIT $ DISEASE—EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: SAND & GRAVEL HAULER *** REVISED *** COVERAGE IS PROVIDED FOR THE NAMED INSURED ' S OPERATIONS/NEGLIGENCE ONLY. 'CER'iIcICATE-HOLIER:! CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF OAK PARK HEIGHTS MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE PO BOX 2007 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR OAK PARK HEIGHTS, MN 55082 js LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE President 25.3(7190) AC RD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY) _,.. 11/08/2000 PRODUCER (651)439-2930 FAX (651)439-3835 THIS CERTIFICATE IS ISSUED AS A MATTER OF NFORMATION Valley A ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Agencies i es HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 950 North Highway 95 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bayport, MN 55003 INSURERS AFFORDING COVERAGE INSURED Bell 's Trucking Inc. INSURER A: Robert A Schneider Agency P 0 Box 775 INSURER B: progressive Casualty Ins Co Stillwater, MN 55082 INSURER C: BERKLEY ADMINISTRATORS INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSK TYPE OF INSURANCE POLICY NUMBER YULIC.Y t1-1-h6 I IVt YULR..Y LAYIKA I IUN LIMITS LTR DATE(MM/DDIYY) DATE(MM/DD/YY) GENERAL LIABILITY 2AE2750R-2 10/28/2000 10/28/2001 EACH OCCURRENCE ]$ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 50,000 CLAIMS MADE © OCCUR MED EXP(Any one person) $ 1,000 A — PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 7 POLICY n ECT n LOC AUTOMOBILE LIABILITY CAO-44-25-241-1 10/27/2000 10/27/2001 COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) 750,000 — ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ B — - HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ — AUTO ONLY: AGG $ EXCESS LIABILITY er''' EACH OCCURRENCE $ 7 OCCUR n CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC22040988079-00 05/17/2000 05/17/2001 ITORYIMITSI l ER EMPLOYERS'LIABILITY E.L EACH ACCIDENT $ 100,000 C E.L.DISEASE-EA EMPLOYE E1$ 100,000 E.L.DISEASE-POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCW�IaD @YE�3IDQRS PIOVISIONS l�� LLII _._ L\c' ' ',.),/i CERTIFICATE HOLDER I 1 ADDITIONAL iNgrarmsuReirteffest CAN LLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE y EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of f Oak a k Park Heights BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PO Box 2 0 0 7 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Oak Park Heights, MN 55082 AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97) WACORD CORPORAL ION 1988 - - r IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5(7197) r r CITY OF OAK PARK HEIGHTS AGREEMENT FOR ROADWAY SANDING 1 November 2000 — 1 April 2000 Awarded To: Bell Trucking 7 CITY OF OAK PARK HEIGHTS AGREEMENT FOR ROADWAY SANDING 1 November 2000— 1 April 2001 1. PURPOSE/INTENT A. Roadway Sanding The purpose of this agreement provides the City of Oak Park Heights (hereinafter City) and the successful proposer(hereinafter called Contractor)with a mutually acceptable agreement to provide planned and emergency scheduled roadway sanding and limited snowplowing operations on local City streets and roadways within the City of Oak Park Heights, Minnesota. The City of Oak Park Heights has limited road sanding capability. Oak Park Heights Public Works will provide immediate response for sanding of priority roads and the Contractor will provide ongoing sanding operations of all routes. B. Routes Exhibit"A"to this agreement identifies high priority roads and Exhibit "B" identifies"residential route B"that will be assigned to the Contractor and will become the Contractor's responsibility for sanding operations under the terms and conditions of this agreement. Exhibits"A"and`B"are provided only as a reference to the location and approximate scope of the sanding services required under this agreement. The City reserves the right to expand, decrease or modify the designated 1 routes (Exhibits)without prior notice to the Contractor and without affecting any condition or provision contained within this agreement, including rates or compensation. C. Administration This agreement shall be entered into with the City Council of the City of Oak Park Heights, administered by the Public Works Director and under the direct operational supervision of the Public Works Director and or Public Works Foreman. D. Roadway Sanding Policy The City's policy requires the sanding of all local streets, roads and cul- de-sacs whenever weather conditions make driving conditions hazardous. Sanding will be required during storms to maintain roadways passable and intersections safe. Following winter storms sanding operations will be coordinated with snowplowing operations. It is the intention of the City to retain the services of the Contractor for each weather event requiring sanding. Historically,the City of Oak Park Heights averages approximately 49 inches of snow per year. During 1998 — 1999 sanding was required on 36 days. During 1999—2000 sanding was required on 26 days. Sanding operations will utilize a minimum of 10% salt/sand mixture. E. Scope of Operations 2 It is the intent of the City that the Contractor provide a minimum of one (1)piece of equipment(two or more would be preferred)to perform the entire sanding operation. Minimum equipment required is a single axle dump truck with a 5 yard capacity sand spreader. Additional pieces of appropriate equipment for may be used by the Contractor for any or all sanding operations with prior written approval of the City. While the primary emphasis of this contract is sanding,the ability for the sanding equipment to plow priority streets while sanding is important. 2. LENGTH OF AGREEMENT A. This agreement shall be a singular annual agreement limited to the snow removal season commencing November 1, 2000 and ending April 1, 2001 inclusive. This agreement may be renewed by written mutual consent of both the City and the Contractor. B. This agreement may be terminated for good cause, including failure to perform in accordance with paragraphs 1.d and 6 of this agreement,by the City during the agreement period, subject to written notice being delivered by registered mail sent to the Contractor at the address referenced on the Proposal form. C. The City cannot and will not guarantee a minimum number of work hours for any sanding or plowing operation or duration of the agreement. 3. EQUIPMENT A. Dump Truck 3 The truck shall be a minimum single-axle, dual rear wheel drive, 32,000 G.V.W. vehicle equipped with a 5 yard capacity sander and a front-end plow with a minimum length of 10.0'. If the optional wing plow is used, it shall have a combined moldboard width of 18.0'. B. Accessories & Safety Equipment All vehicles shall be properly equipped and outfitted to meet all local, county, state or federal laws required for on-the-road emergency snow removal operations. They shall provide the operator with full visibility in all directions and shall have a back-up warning system. The operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow the efficient and safe operation of that vehicle. The City reserves the right to reject at any time,without notice to the Contractor, any vehicle that does not appear to comply with all rules or regulations required for over-the-road snow removal operations. Rejection of vehicle acceptability will also take into consideration the condition and limitations of operation of the vehicle or its accessory equipment. C. Vehicle Designation/Replacements The Contractor shall provide to the City a copy of their certificate of title which includes the vehicle identification number (if available) and license plate number to the City within ten days of execution of this contract. After inspection by the City,those vehicles acceptable for performance under this contract will be verified by the City. Except for emergencies, 4 any planned substitution or replacement of previously approved equipment shall require prior written approval by the City. 4. OPERATION& MAINTENANCE A. Operator The Contractor shall ensure that the operator provided with each piece of equipment is fully trained and properly licensed with the State of Minnesota to operate the bid vehicle or any anticipated replacement. The Contractor shall make every effort possible to ensure that the same operator performs the sanding operation during the length of the agreement. B. Parts&Fuel The hourly rates contained herein shall cover all operation and maintenance expenses including but not limited to fuel, lubricants, supplies and support services. It shall also include depreciation on the vehicle and related equipment including the repair, maintenance and replacement of all materials and supplies including cutting edges and tire chain cross links. It shall also include all labor, tools and equipment necessary for making any and all repairs or replacements which may be necessary to keep and maintain the machine and all parts thereof in proper and safe working order and serviceable repair. C. Storage 5 The Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection/shelter/storage for both the vehicle and operator. 5. HOURLY RATES A. Operators All hourly rates quoted shall include full operation by a qualified operator. B. Quantities All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.1 (tenth)hour. C. Premium/Overtime No premium calculation or additional adjustment shall be given to the rates quotes for any hours worked irregardless of day,date,time of day or consecutive hours worked in any given sanding operation or calendar week unless specifically provided for in the agreement under Section 7C. D. Nonproductive/Downtime The hourly rate shall be paid for the actual number of hours the machine is operated under the direction of the City. The City shall not be responsible for payment for any time taken for rest or meal breaks. However,the City will recognize payment for routine maintenance and emergency repairs or adjustments necessary to keep the machine properly operating. However, limited accumulated delay time for which payment will be made shall not exceed ten(10.0)percent of the actual working time required for any single sanding operation. This allowance shall be provided for only those 6 pieces of equipment previously approved by the City for required sanding operations under this agreement. 6. PERFORMANCE REQUIREMENTS A. Personnel The Contractor shall provide the City with the name, address and telephone number(s)for at least two designated contact personnel responsible for insuring response to the City's request for rental services. The Contractor shall ensure that at least one of the contact persons is available and accessible 24 hours per day, seven days per week. B. Response Time The Contractor shall be able to respond and begin sanding operations within one (1) hour and no later than three (3)hours from the start time requested by the City for any given sanding request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide sanding services through the completion of the routes designated in the attached exhibits and as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor will be responsible for providing replacement personnel if sanding operations require more than 16 consecutive hours of operation. The 16 consecutive hours shall include all operations by the equipment operator, whenever under the City contract, operations under other contracts held by the Contractor, or by other employees of the operator. 7 C. Down Time The Contractor shall ensure that all equipment provided is maintained in a proper manner and condition to minimize required maintenance or emergency repairs during the performance of sanding operations. If, once commencing a sanding operation, a piece of equipment becomes disabled and nonfunctionable for a period of three (3)consecutive hours, the Contractor shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City. D. Communications The Contractor will maintain communications with the City through cellular phones at no cost to the City. During sanding operations,the City can provide a portable two-way, radio for continuous P P Y� communications with the Public Works Director/Foreman. The Contractor shall ensure that the operator maintains full availability for communication at all times during the sanding operations. The City will assume all costs associated with the repair and maintenance of the radio to proper working conditions except for those costs associated with damage resulting from negligence or abuse by the operator which will be the responsibility of the Contractor. The Contract will maintain continuous communications with their operators such that directions from the City can be passed to the operators in a timely fashion. E. Authority/Direction 8 The Contractor and his designated operators shall respond to all directions given by the City in a positive, courteous and timely manner during the sanding operations. The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence or insubordination or inability of the piece of equipment to function properly for the requested services. The Contractor shall begin the sanding operations at a designated point and follow a specific progression as direction by the City. F. Law Obedience The Contractor and his designated operator shall be responsible for their actions and compliance with all regulatory laws and ordinances governing the operation of the machine while performing sanding operations for the City. G. Performance Bond or Cash Deposit The Contractor shall provide and maintain a performance bond or cash deposit in a manner acceptable to the City in the amount of$2,500 for the duration of this agreement. The City shall not file against or use this performance bond or cash deposit for any issue or matter not relating to nonperformance or noncompliance with this agreement. H. Non Performance The Contractor shall waive any and all objections,rights to objections and claims for additional compensation, damages or loss of revenue resulting 9 - ------------ from work performed by the City either prior to, during or after any scheduled or emergency sanding operation in lieu of these contractual services as may be necessary due to non performance or excessive delays of the Contractor. I. Property Damage The Contractor shall be responsible for any and all damages to private as well as public property (including public utilities) due to its own or its employees negligence in performing sanding operations. 7. COMPENSATION A. Payment Schedule All pay requests must be prepared and submitted by the Contractor as verified and approved by the Public Works Director. All pay requests so received and approved by the Public Works Director shall be processed and payment made by the City not less than 15 nor more than 30 days after receipt. B. Down Time No payment shall be made for any nonproductive or down time exceeding 10%of any singular sanding operation. Compensable time shall include all time spent performing the sanding operation subject to the exclusions identified herein and shall include travel time to and from the Contractor's base of operations or City limits, whichever is the shorter distance. C. PENALTIES AND BONUSES 10 When sanding operations are requested to begin for 6:00 a.m. completion and Contractor is able to respond such that their designated routes are completed prior to 6:00 a.m., a 5%bonus will be paid to the hourly rates contained within this agreement. When called out for immediate operations and the Contractor is able to respond and begin sanding operations within one hour of the time requested by the City, a 5%bonus will be paid to the hourly rates contained within this agreement for the duration of that sanding operation provided the Contractor performs continuously to completion. If the Contractor is not able to respond and begin sanding operations less than three hours after the time requested by the City, 5%of the rate quoted herein will be deducted for each one-half (1/2)hour of portion thereof beyond three hours to when operations begin. If the Contractor does not respond within seven hours of City requested a time of initiation,the Contractor shall forfeit 50%of the original performance bond. A premium adjustment of$10.00 per hour per piece of equipment will be made for each hour worked between the hours of 12:00 a.m. to 12 midnight on Sundays and the holidays of Thanksgiving, Christmas, and New Years Day. 8. INSURANCE/LIABILITY/CLAIMS A. Indemnification 11 The Contractor indemnifies, saves and holds harmless the City and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the Contractor's performance under this agreement. It is hereby understood and agreed that any and all employees of the Contractor and all other persons employed by the Contractor in the performance of services under this agreement,required or provided for hereunder by the Contractor shall not be considered employees of the City and that any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any and all claims made by any third parties as a consequence of any act or omission on the part of said Contractor's employees while so engaged in the performance of these services,to be rendered herein by the Contractor shall, in no way,be the obligation or responsibility of the City. B. Insurance The Contractor shall, at his sole cost and expense, carry and maintain general and public liability and property damage insurance coverage of $600,000 for any one accident and $1,000,000 aggregate protecting the Contractor,his employees and the City against any and all claims of any kind or character whatsoever arising from damage,injury (including bodily injury or death) caused by or arising from the operation and use of the machine at the request of the City. Such insurance shall be in full force and effect during the time that the machine is operated at the request 12 of the City. Such insurance policy shall provide for a minimum of 30 days written notice to the City Clerk of cancellation, nonrenewal or material change of the required insurance coverage. The requirement and approval of this insurance by the City shall not in any way relieve or decrease the liability of the Contractor. It is expressly understood that the City does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Copies of the insurance certificates shall be filed with the City on execution of this agreement. C. Legal Compliance The Contractor agrees to comply with all State and Federal laws and local ordinances governing the employment of personnel including, but not limited to,Minnesota Statute Section 181.59 relating to discrimination in employment, and Section 290.07 requiring the certification of income tax withholding. D. Claims The Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. 9. AGREEMENT APPROVAL CONSIDERATIONS A. Selection The City reserves the right to retain the services of the Contractor who, in the opinion of the City, can best provide the services requested under this 13 agreement. Consideration shall be given to hourly rates, availability and condition of equipment, competency of operators,previous experience, response time and specific pieces of equipment so quoted. B. Combination of Quotations The City reserves the right to select any combination of equipment quoted for services requested in entering into this agreement. Only one hourly rate will be considered for each machine,but consideration will be given to any other rate or combination of rates not called for in this proposal if it is in the best interest of the City. 10. BID PROPOSALS A quotation is to be entered in the schedule of prices for each machine the Contractor proposes to furnish and such quotation shall be an hourly rate. All proposals must be type written or printed in ink and properly signed by an officer of the company. If the submitted proposal is accepted by the City and properly countersigned, it shall constitute a formal agreement between the Contractor and the City with no further revisions, addenda or exceptions acknowledged unless previously noted in writing on the bid proposal form. All required performance bonds, insurance certificates and additional requested information shall be submitted in a form acceptable to the City upon execution of the agreement and request by the City. 11. ADOPTED BY REFERENCE OF PROPOSAL The attached proposal, schedule of prices and description are adopted by reference as part of this agreement. 14 12. RECORD DISCLOSURE/MONITORING PROCEDURES Pursuant to Minnesota Statues §16B.06, Subd. 4 (1990), the books, records, documents and accounting procedures and practices of the Contractor relevant to the Contract are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate. Contractor agrees to maintain these records for a period of three (3)years from the date of the termination of this Agreement. 13. EQUAL EMPLOYMENT OPPORTUNITY—CIVIL RIGHTS A. During the performance of this Agreement,the Contractor agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status,public assistance status, creed, or nation of origin,be excluded from full employment rights in, participation in,be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination including but not limited to the Civil Rights Acts of 1964. The Contractor will furnish the City all reports required by the Secretary of Labor,the Minnesota Department of Human Services for the purposes of investigation to ascertain compliance with such rules, regulations and orders. The provisions of Minnesota Statutes §181.59, regarding non- discrimination and violations related therefrom are incorporated in this paragraph by reference as an obligation of the Contractor. 15 B. If during the term of this contract or any extension thereof, it is discovered that the Contractor is not in compliance with the applicable statues and regulations or if the Contractor engages in any discriminatory practices, then the City may cancel this agreement as provided by the cancellation clause. IN WITNESS WHEROF,the parties have set forth their hands and seals this I 911 day of November, 2000. By: -°~-.. (2,0_ LQ ignature 3o n `me._\\ Name(Please Print) For: CD-4...\\S -N-c'v. Or._ ; %,_S) Company Its: V t-e2k, Tide CITY OF OAK PARK HEIGHTS 12-By' ' fit zez,I7li( - n Davi• D. chaaf Date Mayor 4,,, \ry..i.r _ k_.\,(vc(03 Thomas M. Melena Date City Clerk 16 r. �/ o, - 4 , , r tt' ' t t , 1. :• (, ;, I Mw 1 i, t , s i i , i .„___, __,.......„, .,., , 4ct ,, et , . . .,1,./. . ,........ . /{ l IF' i� �- Y • 11 LLI CA • 1 _ i Sal,'" 1 � , 'ill/ IijL ;,,,,,--t,t c. a / t L. a I_ 1 t1' •.II A.,.,,,,...,/,‘,.„4,,,, , )....:, , , , ,.: i, .„ .,.. . ,,,,„..74a ;,.'MIA 1 l• IT. , �lA Q t , ap , Is C-.) ›.' .�. �' Ft Fi, z � .i� tY ¢ yZ‘ k {t Y ft. , ._ I Ce 2 r I a \ . , .il :,: .: ' •,-';: 3" i I �j i t 0. • r Y t a 1 r ft'', �1 S .1 1 {/ tit t.i?1 '' tr ,r i . �,\ �� .,'''s".<-, _ r, t 4 11 4 ly ....; -l1 ' 1 E . . .,:.,, ,„ ...,,..4i •::•(..,7k4,-- •:,:,-,?, ,,,,,-..:-.,. S '}�.ic.L it„� ; �. C .._.. _ t } l ill� f 1 i $/ / to 1C ,rS ' r , r�f 1 • j 1. � { • .) , . .., _ ilL _a �� ,! 'a , '':", 1 C '1![I". 1 a,,, „...rrif ,,,,,k Fr , .. , .... ., . -, • i t r� .j.. fy f / O Ifivill .), I. = tt ' , H ,l•! ,.., a i, 1 , •i W Q t ' i E; = L. _ 0. 0 ,• ax ; pi, i „, ,,.. 1,„ toc„.11., h , A .: .4.,'• ',,: li,;-ff:,':'i.4.4sAilll I Q m Z r Z y to \F '_ i •, „ i -J l V 177 j }t firj{ W d \ . { nrI f 1 c Q F! ...} lAl :.XI • ' ;;;i,,,,,`,",,A.0.,„,,,,.i,, 1 o. �' a,., t y, r r „ 61 itt'• t »� PSr,t k to x u. J W CITY OF OAK PARK HEIGHTS a OCT 3 2000 DEPARTMENT OF PUBLIC WORKS { 1\) AGREEMENT FOR THE LEASE AND RENTAL OF FULLY OPERATED EQUIPMENT FOR STREET SANDING OPERATIONS Proposals will be received at the Oak Park Heights City Hall, 14168 Oak Park Boulevard North, Oak Park Heights, Minnesota, 55082 for the furnishing of Fully Operated Equipment for street sanding operations in the City of Oak Park Heights. PROPOSAL OF B e l '5 r c\c r,c. T C\ L ADDRESS 13/ 4'/`) c1 c_,C \c cO V a G�'aA'.Q.V�� ti^� �-' c.mss 4; t.i PHONE G c-_, \- --\3r`\- NOTE: This proposal must be signed on the last page, and all sheets in this proposal must be returned when bidding. In accordance with the notice of the City of Oak Park Heights, Minnesota soliciting quotations (I) (We), the undersigned, hereinafter called the Contractor,hereby offer to lease and rent to the City of Oak Park Heights, hereinafter called the City, acting by and through its Director of Public Works,the Fully Operated Street Sanding Equipment for which the quotation may be accepted, subject to the terms and conditions herein specified; and the parties further agree that this proposal form shall become the agreement for the lease and rental of such Fully Operated Street Sanding Equipment upon its execution by the City. (I) (We)hereby certify that (I am) (We are)the only person(s) interested in this proposal as principal(s);that it is made and submitted without fraud or collusion with any other person, firm or corporation; and that(I) (We) have examined this Proposal and Agreement Form, and understand its contents. (I) (We) hereby certify that (I am) (We are) the Owner(s) or have previously contracted for the u o p rp se of the Fully Operated Street Sanding Equipment for which quotations are submitted herein and can furnish bill of sale or contract for P urchase covering said equipment. This Proposal must be signed below in ink by a duly authorized agent of the Contractor providing the equipment and operator. , ' .+' 4 (YOUR SIGNATURE MUST BE NOTARIZED WHEN SIGNING—SEE FOLLOWING PAGE.) Date c:.,ci-t , 2000. By...-- 7cj- ('L� � Signature 5 Cam C-, \\ Name(Please Print) g ', �' lA o I •' For: AV S `crv.< k i tn_5 , ;,' •;, MARGARET SEIM Company ;'` NOTAfiY PUBUC•MINNE$OTA "y MY COMMISSION EXPIHES 1,51.2005 • Title The above quotation for Units No(s). .O is hereby accepted. CITY OF K PARK El HTS By: W ' / #1 4-r<'r2) David D. Schaaf Date Mayor —4.N.,...., `INf- \N/N.r.. ....,...„. / OAVS CY-) Thomas M. Melena Date City Clerk • SCHEDULE OF PRICES The undersigned agrees to furnish one of the ieces of equipment quipment described on the preceding pages in accordance with the terms of this proposal and agreement at the rates entered below at such time as they may be requested by the City. If a rate is being submitted for the use of plow or wing,the make and model of these items should be inserted in the blank lines. Contractor may bid on one ore more of each type of equipment. A quotation may be rejected if any alteration or erasure is made in entering the rates. Quotation rates must be entered in ink or typewritten. IfUnit No. Type of Equipment Rate Per Hour I t H J Type of Sand Cost Not Including Vehicle $/ton $/yard MIME Sand(no salt) 'SS-- Sand/10% salt Sand/ O% salt cS." '�' co Sand/?,c% salt 3E) Other(specify) Other(specify) DESCRIPTION OF EQUIPMENT The following information must be completed as part of this proposal for each piece of equipment proposed to be furnished: (Use additional sheet). 1. Unit No.: - ,C) Type of Equipment: . C� :./,■v.y\ Make/Model: . -tom ��. c_\e-)0(1) Year: art,--} Serial Number:-a.C c c N •7 I Engine Make/Model: Lc;`\-.,„, Type of Engine (gas or diesel):c) Horsepower: 3` b Plow Model/Size: c Wing Model/Size: Sander Style: -(45,—,,-N`c. . .c Sander Capacity: Other Accessory Equipment: Location of Equipment: \--2'\ �-1 �.,. ��. � Storage Point: ` N (name of community and address) 2. Unit No.: Type of Equipment: Make/Model: Year: Serial Number: Engine Make/Model: Type of Engine (gas or diesel): Horsepower: Plow Model/Size: Wing Model/Size: Sander Style: Sander Capacity: Other Accessory Equipment: Location of Equipment: Storage Point: (name of community and address) 3. Unit No.: Type of Equipment: Make/Model: Year: Serial Number: Engine Make/Model: Type of Engine (gas or diesel): Horsepower: Plow Model/Size: Wing Model/Size: Sander Style: Sander Capacity: Other Accessory Equipment: Location of Equipment: Storage Point: (name of community and address)