10282019 EDA Meeting Packet
EDA MEETING
City Hall, 4401 Xylon Avenue North
Monday, October 28, 2019
President Kathi Hemken
Commissioner John Elder
Commissioner Cedrick Frazier
Commissioner Andy Hoffe
Commissioner Jonathan London
1. Call to order – EDA Meeting of October 28, 2019
2. Roll call
3. Approval of Minutes:
• September 23, 2019
4. Resolution approving renewal of contract with Kenlawn Co. for snow removal and
maintenance services
5. Motion to approve low bid from Kenlawn Co. for installation, maintenance, and
removal of holiday lights on trees along Xylon Avenue North, between 42nd and 45th
avenues, in the amount of $5,480 per year for the next three years
6. Adjournment
EDA Meeting
Page 1 September 23, 2019
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
EDA Minutes September 23, 2019
Regular Meeting City Hall
CALL TO ORDER President Hemken called the meeting of the Economic Development Authority to
order at 7:48 p.m.
ROLL CALL Present:
Absent:
Kathi Hemken, President
Cedrick Frazier, Commissioner
Andy Hoffe, Commissioner
Jonathan London, Commissioner
John Elder, Commissioner
Staff Present:
Kirk McDonald, City Manager
Dan Boyum, City Engineer
Tim Fournier, Police Chief
Valerie Leone, City Clerk
Jeff Sargent, Director of Community Development
Bernie Weber, Director of Public Works
Stacy Woods, Assistant City Attorney
APPROVAL OF
MINUTES
Item 3
Motion was made by Commissioner Hoffe, seconded by Commissioner Frazier, to
approve the minutes of September 9, 2019. upon vote being taken thereon, the
following voted in favor thereof: Hemken, Frazier, Hoffe; and the following voted
against the same: None; Abstained: London; Absent: Elder; Motion carried.
NEVADA HILLS
ENTERPRISES, LLC
(DBA AUTOMOTIVE
CONCEPTS)
Item 4
President Hemken introduced for discussion EDA Item 4, Resolution approving
contract for private redevelopment with and awarding the sale of, and providing
the form, terms, covenants and directions for the issuance of its tax increment
revenue note to Nevada Hills Enterprises, LLC (dba Automotive Concepts).
Mr. Jeff Sargent, director of community development, stated at the September 9
EDA meeting, the EDA supported establishment of a TIF district for Automotive
Concepts located at 2919 Nevada Avenue North. It is necessary to approve a
redevelopment contract with Nevada Hills Enterprises, LLC. Automotive
Concepts has been working with the city to seek improvements to the property at
2919 Nevada Avenue North. At the April 15 work session the Council discussed
potential TIF assistance with the business owners, reviewed the business plan and
was generally supportive. On June 24, 2019, Council approved a CUP for a PUD
to allow for the construction of a new 22,500 sf building as an extension to the
Automotive Concepts business. The site has challenging topography and there are
significant costs involved with preparing the property. LHB, Inc. was hired by the
city to perform the TIF survey to determine whether the property met the
eligibility of a TIF district. LHB concluded that the property meets the minimum
requirements for slum and blight and lot coverage in order to create a TIF district.
Ehlers conducted an analysis of the developer’s pro forma and determined that
EDA Meeting
Page 2 September 23, 2019
the redevelopment TIF district can support $150,000 of funding over nine years.
He stated the developer is required to maintain the business in the space through
the term of the TIF note and will be required to provide proof of business
operation to the EDA annually. He reviewed the terms of the TIF agreement: the
developer will receive a pay‐as‐you‐go note for $150,000; the term of the note will
be 9 years; interest will be set at 4.45%, developer will receive 90% of the tax
increment generated (EDA retains 10% for administrative costs); payment dates
are expected to be August 1, 2022, through February 1, 2031; note may be assigned
to a third party and EDA consents to the assignment conditioned upon receipt of
an investment letter from the third party.
Mr. Sargent recommended that the EDA approve the resolution establishing the
terms of the TIF contract.
Ms. Martha Ingram, the city’s redevelopment attorney with Kennedy & Graven,
was recognized.
Commissioner London commented that he believes a nine‐year note is reasonable.
Mr. Sargent commented that staff defers to Ehlers’ analysis. He noted Automotive
Concepts graciously accepts any amount of assistance.
Ms. Ingram confirmed that Ehlers is addressing the city’s best interest and not
approving more than the TIF district can support.
RESOLUTION 2019‐09
Item 4
Commissioner Frazier introduced the following resolution and moved its
adoption “RESOLUTION APPROVING CONTRACT FOR PRIVATE
REDEVELOPMENT WITH AND AWARDING THE SALE OF, AND
PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR
THE ISSUANCE OF ITS TAX INCREMENT REVENUE NOTE TO NEVADA
HILLS ENTERPRISES, LLC (DBA AUTOMOTIVE CONCEPTS).” The motion
for the adoption of the foregoing resolution was seconded by Commissioner
Hoffe, and upon vote being taken thereon, the following voted in favor thereof:
Hemken, Frazier, Hoffe, London; and the following voted against the same: None;
Abstained: None; Absent: Elder; whereupon the resolution was declared duly
passed and adopted, signed by the president which was attested to by the
executive director.
ADJOURNMENT Motion was made by Commissioner Frazier, seconded by Commissioner Hoffe, to
adjourn the meeting. All present voted in favor. Motion carried. The New Hope
EDA adjourned at 7:54 p.m.
Respectfully submitted,
Valerie Leone, City Clerk
I:\RFA\COMM DEV\2019\EDA\10-28-19 Xylon Avenue Maintenance Contract\Q - Xylon Avenue Maintenance Contract 10-28-19.docx
Request for Action
October 28, 2019
Approved by: Kirk McDonald, City Manager
Originating Department: Community Development
By: Jeff Alger, Community Development Specialist;
Jeff Sargent, Director of Community Development
Agenda Title
Resolution approving renewal of contract with Kenlawn Co. for snow removal and maintenance services
Requested Action
Staff requests that the Economic Development Authority approve a resolution approving an extension to the
snow removal and landscaping/maintenance services contract with Kenlawn Co. for the area along Xylon
Avenue North between 42nd and 45th avenues and landscaping services for the area along 45th Avenue
North between Xylon and Winnetka avenues in the amount of $32,937. This constitutes a 3% increase in the
price for snow removal services and no change to the price for landscaping, trash removal, and sweeping
services from last year. The net increase from the previous contract would be 1.62%, or $525. Staff has been
pleased with the quality of work by Kenlawn Co.
Policy/Past Practice
It is a practice of staff to review maintenance needs that require additional funding with the Economic
Development Authority (EDA). The city has utilized contractors to maintain the area since December of 2016.
Kenlawn Co. began servicing the area in November of 2018. The existing contract states that the city reserves
the right to extend the agreement prior to expiration for a year at a time up to and including a total of three
years if mutually agreeable with the contractor.
Background
The Xylon Avenue streetscape improvement project was approved in conjunction with the construction of the
Hy-Vee grocery store, the first new development in the City Center zoning district. The streetscape project
included many elements that were new to the city, including a civic plaza, arbors, raised planters, hanging
plants, trash receptacles, and passive seating areas. Due to other priorities and the level of service required to
manage and maintain the City Center area throughout all seasons, the public works department was unable
to service and manage the area. A contractor was hired on December 1, 2016, to maintain the area for the next
two years. Prior to expiration of the contract in 2018, the city requested bids again for maintaining the area.
At that time, the scope of work for the contract expanded significantly as the original warranty for the
maintenance of plants, shrubs, and trees that were originally installed in 2016 had expired. The new contract
was revised to include the following:
Removal of snow from the sidewalk on the west side of Xylon Avenue North, between city hall and
the fire station, around the civic plaza area, and the areas around benches, bike racks, and trash
receptacles.
Picking up litter.
Sweeping of general debris.
Trimming, pruning, and replacement of dead plants, shrubs, and trees (new in 2018).
Installation of wood chips annually (new in 2018).
The cost of replacement plants, shrubs, trees, and wood chips was to be reimbursed separately by the city.
Item Number
4
Agenda Section
EDA
Request for Action, Page 2
The low bid was received from Kenlawn Co., a company based in New Hope that has been in operation since
1983. The EDA approved the contract with the expanded scope of work on October 22, 2018. The contract runs
from November 1, 2018, through October 31, 2019, at a total cost of $32,412. Staff has been pleased with the
quality of work by Kenlawn Co. and is recommending that the contract be extended for another year. The
existing contract states that the city reserves the right to extend the agreement prior to expiration for a year at
a time up to and including a total of three years if mutually agreeable with the contractor. Staff is proposing
a one-year extension to the contract. Kenlawn Co. has requested a 3% increase in the price for snow removal
services and no change to the price for landscaping, trash removal, and sweeping services from last year. The
net increase from the previous contract would be 1.62%, or $525.
11/1/18 to 10/31/19 11/1/19 to 10/31/20
(Proposed)
Snow removal services $1,458/month; $17,496/year $1,501.75/month; $18,021/year
(3% increase)
Landscaping, trash removal, and
sweeping services
$1,243/month; $14,916/year
$1,243/month; $14,916/year
(no change)
Total $2,701/month; $32,412/year $2,744.75/month; $32,937/year
(1.62% increase)
In addition to the expenses shown in the table, the city spent $3,705 on replacing wood chips and $3,185 on
replacing plants, shrubs, flowers in the area last year. The city also utilizes a subcontractor of Kenlawn Co. to
maintain, repair, and winterize the irrigation systems along Xylon Avenue North.
Funding
Funding for snow removal and landscaping/maintenance services in the City Center area would be provided
through the EDA budget.
Recommendation
Staff recommends that the EDA approve a resolution approving renewal of contract with Kenlawn Co. for
snow removal and landscaping/maintenance services along Xylon Avenue North between 42nd and 45th
avenues and landscaping services along 45th Avenue North between Xylon and Winnetka avenues with
Kenlawn Co. in the amount of $32,937. The contract would run from November 1, 2019, through October 31,
2020.
Attachments
Resolution
Quote Proposal
Contract
CITY OF NEW HOPE
ECONOMIC DEVELOPMENT AUTHORITY
EDA RESOLUTION NO. 19-___
APPROVING RENEWAL OF CONTRACT WITH KENLAWN CO.
FOR SNOW REMOVAL AND MAINTENANCE SERVICES
BE IT RESOLVED by the Economic Development Authority in and for the City of New
Hope (“EDA”) as follows:
WHEREAS, in 2018, City staff determined that it was necessary to engage an outside
firm to provide snow removal, landscaping, trash removal and sweeping services (“Services”) for
the Xylon Avenue Streetscape between 42nd and 45th Avenues (“Xylon Avenue Streetscape”) at
the City’s direction;
WHEREAS, City staff sought quotes for outsourcing these Services and KENLAWN
Co., a Minnesota corporation (“KENLAWN”), was the low bid;
WHEREAS, the EDA entered into a contract with KENLAWN and has been pleased
with KENLAWN’s services during the 11/1/18 through 10/31/19 term and desires to renew the
contract with some minor revisions;
WHEREAS, it is in the best interests of the EDA to enter into a renewed contract with
KENLAWN Co. for the purpose of performing the Services for the term of 11/1/19 through
10/31/20; and
WHEREAS, KENLAWN has proposed an overall increase of 1.62% to the Contract
which City staff believes is reasonable;
WHEREAS, City staff is hereby seeking approval from the EDA of the selection of
KENLAWN as the duly qualified contractor to continue to perform the Services and approval of
the proposed contract which is attached hereto as Exhibit A (“Contract”);
WHEREAS, the Contract authorizes KENLAWN to subcontract for irrigation
maintenance, including repair and winterization; and
WHEREAS, City staff and City Attorney have reviewed the proposed Contract and are
agreeable with the terms, believing them to be in the best interest of the City to handle the
Services; and
WHEREAS, the EDA hereby approves the Contract attached as Exhibit A, it being in
the best interest of the EDA and City to re-engage the snow removal and streetscape
maintenance services of KENLAWN Co.
NOW, THEREFORE, BE IT RESOLVED, by the Economic Development Authority
in and for the City of New Hope as follows:
1. That the above recitals are incorporated herein by reference.
2. That the Contract with KENLAWN Co., attached hereto as Exhibit A, is hereby
approved.
3. The President, Executive Director, New Hope City staff and the City Attorney are
authorized and directed to sign the Contract and all other appropriate documents,
and to take whatever additional actions are necessar y or desirable, to complete the
Contract and engage the services of KENLAWN Co.
Dated the 28th day of October, 2019.
____________________________________
Kathi Hemken, President
Attest: _____________________________
Kirk McDonald, Executive Director
P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-11409 Maintenance Contract for Xylon Avenue\Resolution approving Maintenance
Contract with KENLAWN Co. - 2019-2020.docx
Quote Proposal Form
City of New Hope
4401 Xylon Ave N
New Hope, MN 55428
763-531-5119
All Quote prices shall be compensation in full for services, materials, and labor, as indicated in the request for quotes cover
letter. The Contractor acknowledges the receipt of related quote specifications and guarantees the submitted quote accurately
reflects these expenses. Immediately upon acceptance of this quote, the Contractor must provide a current Certificate of
Insurance and Worker’s Compensation coverage at mandatory levels.
It is understood that the City Council reserves the right to reject any or all quotes, to waive informalities, and to award the
contract in the best interest of the City.
It is agreed that all work shall be conducted between November 1, 2019, and October 31, 2020. This quote shall remain valid
for 30 days subsequent to the submittal date.
Company: ____KENLAWN CO._______ Authorized representative: ____Kenneth Lambert______
Address: ____4301 Quebec Ave. N, Suite #4_____ Phone: ___763-557-1986________________________
____New Hope, MN 55428___________ Email: ___kenlawnco@comcast.net___________________
Signature: ________________________________ Date: ____10/14/19_____________
Submit on or before: October 21, 2019 Submit to: Jeff Alger-Community Development
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Phone: 763-531-5119
City Completes Contractor
Completes
Item: Total:
- Provide snow removal services for Xylon Avenue
Streetscape from 11/1/19 to 10/31/20
Bid “B”
Monthly Charge
(City Completes)
X 12 months = $18,021.00
- Provide trash removal, weeding, and sweeping
services; trimming, pruning, and replacement of
plants and shrubs; and installation of wood chips
from 11/1/19 to 10/31/20 (cost of replacement
plants, shrubs, flowers, and wood chips
reimbursed by city)
Monthly Charge
(City Completes)
X 12 months = $14,916.00
*Contractor to invoice city monthly for 1/12th of total cost of all contracted services from 11/1/19 to 10/31/20
$1,501.75
$1,243.00
1
ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE
CONTRACT FOR SNOW REMOVAL AND LANDSCAPING/MAINTENANCE
SERVICES FOR XYLON AVENUE NORTH BETWEEN 42ND AND 45TH AVENUES &
LANDSCAPING SERVICES FOR 45TH AVENUE NORTH BETWEEN
XYLON AND WINNETKA AVENUES NORTH
For valuable consideration as set forth below, this Contract dated the ____ day of October,
2019, is made and entered into between the Economic Development Authority in and for the City of
New Hope, a public body corporate and politic created pursuant to the laws of the State of Minnesota
("EDA") and KENLAWN Co., a Minnesota corporation ("Contractor").
1. CONTRACT DOCUMENTS
Contractor hereby promises and agrees to perform and comply with all the provisions of this
Contract and the work specified in Exhibit A (“Specifications”) for the snow removal and
landscaping/maintenance services for the City of New Hope’s Xylon Avenue streetscape between
42nd and 45th Avenues North, and landscaping services for 45th Avenue between Xylon and Winnetka
Avenues, New Hope, Minnesota, (“Xylon Avenue Streetscape”). The Contract including
Specifications found on Exhibit A shall comprise the total agreement of the parties hereto. No oral
order, objection or claim by any party to the other shall affect or modify any of the terms or
obligations contained in this Contract.
2. THE SERVICES AND TERM
The work to be performed by Contractor under this Contract is defined in the Specifications
as the snow removal and seasonal maintenance services located in the City of New Hope (“City”) on
the Xylon Avenue Streetscape (“Services”). The Term of this Contract shall be for twelve (12)
months, commencing on November 1, 2019 and terminating on October 31, 2020.
3. CONTRACT PRICE
The EDA agrees to pay Contractor the total sum of $32,940.00 ($2,745 per month for 12
months) in exchange for Contractor satisfactorily furnishing labor and materials for the Services.
The cost of replacing trees, plants, shrubs, flowers, and wood chips will be reimbursed to the
Contractor by the EDA and is not included in the Contract Price. Contractor may submit invoices to
the EDA on a monthly basis for the Services performed the previous month.
Contractor may start performing Services upon its execution of this Contract and
providing proof of insurance pursuant to paragraph 4.
2
4. INSURANCE
Before beginning actual Services under this Contract, Contractor shall submit to the EDA and
obtain the EDA’s approval of a certificate of insurance on Standard Form C.I.C.C.-701 or ACORD
25 forms, showing the following insurance coverage and listing the Contractor as a loss payee under
the policies:
a. General Contractor Liability: $1,000,000.00
b. Automobile Liability for all Automobiles $1,000,000.00
c. Workman's Compensation: Statutory Amounts
The City and the EDA shall be named as an Additional Insured in regard to the General Contractor
Liability forms where required by written contract on a primary and non-contributory basis, including
completed operations. This certificate must provide for the above coverages to be in effect from the
date of the Contract until 30 days after the Completion Date, and must provide the insurance
coverage will not be canceled by the insurance company without 30 days written notice to the City
and EDA of intent to cancel. The certificate must further provide that Contractor’s insurance
coverage is primary coverage notwithstanding any insurance coverage carried by the City that may
apply to injury or damage relating to the maintenance or repair of the City streets or rights-of-way by
either the City or any employee, agent, independent contractor or any other person or entity retained
by the City or EDA to perform the Services described herein. All insurance is subject to the review
and approval of the New Hope City Attorney.
5. LAWS, REGULATIONS AND SAFETY
Contractor shall give all notices and comply with all laws, ordinances, rules and regulations
applicable to performance under this Contract. Contractor shall provide adequate signs and/or
barricades, and will take all necessary precautions for the protection of the Services and the safety of
the public.
6. DAMAGES
Contractor shall be solely liable for the full cost to repair any damage to property along the
Xylon Avenue Streetscape that it causes, including but not limited to damage to the following
property: concrete planters, benches, lighting and signage.
7. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City
and the EDA, its agents and employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting from the performance of
Services, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury,
sickness, disease or death, or to injury or to destruction of tangible property (other than the Services
3
itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any
negligent act or omission of Contractor, any Subcontractor, anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is
caused in part by a party indemnified hereunder.
8. COSTS OF ENFORCEMENT
Contractor agrees to reimburse the EDA for all costs incurred by the EDA in the enforcement
of this Agreement, or any portion thereof, including court costs and reasonable attorneys’ fees.
9. ASSIGNMENT/SUBCONTRACTING
Contractor shall not assign or transfer, whether by an assignment or novation or otherwise,
any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written
consent of the City. Notwithstanding the prior sentence, Contractor may subcontract the irrigation
maintenance, including repair and winterization. The payment for subcontracting of these services
will be reimbursed to the Contractor by the EDA and is not included in the Contract Price.
10. NOTICE
The address of Contractor for purposes of giving notices and any other purpose under this
Contract shall be 4301 Quebec Avenue North, Suite #4, New Hope, MN 55428.
The address of the EDA for purposes of giving notices and any other purpose under this
Contract shall be 4401 Xylon Avenue North, New Hope, MN 55428.
IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and
seals as of the day and year first above written.
Economic Development Authority in and
for the City of New Hope, a public body
corporate and politic created pursuant to
the laws of the State of Minnesota
By: ______________________________
Kirk McDonald
Its: Executive Director
KENLAWN Co., a Minnesota corporation
4
By: ____________________________________
Ken Lambert
Its: President
5
Exhibit A
Specifications
P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-11409 Maintenance Contract for Xylon Avenue\Snow Removal and Landscaping
Maintenance Contract for Xylon Avenue - 2019-2020.docx
2020 NEW HOPE XYLON AVENUE STREETSCAPE
SNOW REMOVAL SERVICE SPECIFICATIONS
BACKGROUND AND PURPOSE
The purpose of this contract is to supply snow removal and potential salting services for Xylon Avenue,
between 42nd and 45th avenues. The scope of work includes removal of all snow on the west sidewalk
within the city of New Hope’s right-of way and the plaza located at the northeast corner of the
intersection of Xylon and 42nd avenues. Snow plowing services will be performed seven (7) days per
week, excluding holidays.
DESCRIPTION OF SERVICES
All work shall be performed within 24 hours of a snow event totaling 1.5” or more and on-call as needed.
Contractor shall ensure that walkways, plazas, crosswalks, seating, and bike rack areas be cleared to
permit access to the adjacent properties within the 24 hour period after a snow event totaling 1.5” or
more.
Contractor is responsible to supply all labor and equipment needed to properly and safely complete the
work. At this time, the city of New Hope will not be requiring the application of salt or ice melt to the
sidewalk areas. If at a later date, the application of ice melting products is deemed necessary, the
contractor and the city of New Hope will come to a mutually agreed upon rate.
1. Snowfall: Snowfall of 1.5” or greater shall be plowed/removed from all sidewalks, plazas, entrances,
and pedestrian accessible areas specified in the contract to permit the access and movement of
pedestrians. This includes removing snow on top of and around benches, trash receptacles, and bike racks.
It is the contractor’s responsibility to return to the property to keep the entrances, drive aisles, and
sidewalks free from snow as needed. At no time shall there be a hazardous/life safety condition caused by
excess snow or snow storage.
2. Approved Areas: Contractor will pile snow in areas approved by the city of New Hope. If snow
accumulation exceeds the carrying capacity of designated areas, an offsite location will be designated by
the city of New Hope. It will be the contractor’s responsibility to move the snow offsite to the designated
location.
3. Salting & De-icing: As previously stated, the city of New Hope will not require the contractor to apply
salting and de-icing products. If requested, contractor may be asked to provide salting and de-icing on
grounds at a mutually agreed upon rate. This would be in addition to the normal storm accumulation
specifications and should be considered to cover the same areas but only when requested by the city of
New Hope.
4. Charges for Services: The contractor will submit a single contracted price for the seasonal snow
removal services. The contract will be in effect November 1, 2019, through October 31, 2020.
5. Inspections: Contractor will inspect property for pre-existing damage and submit a report detailing all
pre-existing damage by commencement of contract award. A meeting is required prior to the acceptance
of any services by the city of New Hope. It is the contractor’s responsibility to set up a time when both
the contractor and New Hope staff are able to review the site and answer any questions.
6. Damage: Contractor is required to make arrangements satisfactory to the city of New Hope to repair
any damage to property, including but not limited to: concrete planters, benches, lighting, etc.
7. Equipment: All equipment used for snow removal must be in good working order. All cutting edges
on snow plows must be equipped with a poly edge to reduce potential damage to the sidewalk and
surrounding structures.
8. Insurance: Before beginning actual work, the contractor shall submit to the city and obtain the city’s
approval of a certificate of insurance on Standard Form C.I.C.-701 or ACORD 25 forms, showing the
following insurance coverage and listing the City as a loss payee under the policies:
a. General Contractor Liability: $1,000,000
b. Automobile Liability for all automobiles: $1,000,000
c. Workman’s Compensation: Statutory Amounts
This certificate must provide for the above coverages to be in effect from the date of the contract until 30
days after the Completion Date, and must provide the insurance coverage will not be canceled by the
insurance company without 30 day’s written notice to the city of intent to cancel. The certificate must
further provide that the contractor’s insurance coverage is primary coverage notwithstanding any
insurance coverage carried by the city that may apply to injury or damage relating to the maintenance or
repair of the city’s streets or right-of-ways by either the city or any employee, agent, independent
contractor, or any other person or entity retained by the city to perform the herein services.
9. Indemnification: The contractor agrees to indemnify, defend and hold the city harmless from any
damages, including costs and attorney’s fees, from any claims, demands, actions or causes of action
arising out of any act or omission on the part of the contractor or its agents, servants, vendors or
employees in the performance of or with relation to any of the work or services performed or furnished by
the contractor under this contract.
10. Contract: The contractor will be required to enter into a contract with the city of New Hope. This
contract will be subject to review by the New Hope City Attorney and requires approval of the New Hope
City Council.
Contract Extension: Should the contract be extended beyond the original contract date, payment for any
additional services will be based upon the number of snow removal services completed.
The city of New Hope reserves the right to extend the contract prior to expiration for a year at a
time up to and including a total of three years if mutually agreeable.
The city will make payment as soon as possible after each invoice is received. It is expected that the
contractor will issue monthly invoices. Invoices are to be issued in a timely manner and all billing under
the contract must be completed by November 1, 2020.
Please note: Billing for all work is to be sent to Jeff Alger, Community Development
Specialist, at 4401 Xylon Avenue North, New Hope, MN 55428
11. Emergency Contacts: Contractor shall provide emergency telephone numbers that may be called any
time, 24 hours a day, and seven days a week. Contractor will respond within two hours to any call made
by the designated city official for snow removal services.
12. Location of Services: See the attached maps that indicate the location of the areas where snow
services are to be under the contract. Note that benches and bike racks are located on both the east and
west sides of Xylon Avenue.
The city of New Hope will also be requesting a quote for an extra snow removal service if the city deems
snow removal services are necessary and outside the parameters of the contract.
2020 NEW HOPE XYLON & 45TH AVENUE STREETSCAPE
MAINTENANCE SERVICE SPECIFICATIONS
BACKGROUND AND PURPOSE
The purpose of this contract is to supply sidewalk, landscape, and trash removal services for Xylon
Avenue, between 42nd and 45th Avenues and 45th Avenue, between Xylon and Winnetka avenues. The
scope of work includes the general maintenance of New Hope’s streetscape. The maintenance services
will be performed three (3) days per week (generally Monday, Wednesday, and Friday), excluding
holidays.
DESCRIPTION OF SERVICES
All work shall be performed to ensure that walkways, planters, and garbage receptacles are maintained to
a high standard that beautify the landscape and compliment the surrounding area.
1. Trash Removal: The contractor will be responsible for trash removal services along the Xylon Avenue
streetscape. The area shall be checked three (3) days per week (generally Monday, Wednesday, and
Friday) and serviced on an as-needed basis, so as to avoid trash accumulating in the area. The contractor
will be required to pick up loose trash within the streetscape area that is not located in a trash receptacle.
This includes the grassed areas adjacent to the walking paths, debris caught in trees and shrubs, planter
beds, and all concrete surfaces. The contractor is responsible for disposal of the trash. The city of New
Hope is responsible for emptying trash receptacles.
2. Sweeping: The contractor will be required to sweep the entire streetscape on a bi-weekly basis. This
includes all concrete pedestrian walkways. All horizontal surfaces including, but not limited to,
sidewalks, planter tops, benches, trash receptacles, etc. that have accumulated debris shall be cleaned
three (3) days per week (generally Monday, Wednesday, and Friday). Some examples include wood chips
that have run out of a planter due to heavy rains, debris that has been dumped into a planter, cigarette
butts, etc.
3. Weeding: The manual removal of weeds from all landscaped areas, including planter beds, landscaped
areas, and cracks between sidewalks, shall be performed on a weekly basis.
4. Landscaping Care & Replacement: The contractor will be responsible for caring for trees, perennial
plants, shrubs, and flowers. This includes trimming, pruning, and replacing overgrown, dead, or missing
trees, plants, shrubs, and flowers. The cost of replacing trees, plants, shrubs, and flowers will be
reimbursed to the contractor by the city.
5. Wood Chips: The contractor will be responsible for spreading wood chips around all trees, in all
planter beds, and around all plantings and landscaping. The cost of the wood chips will be reimbursed to
the contractor by the city. The wood chips shall be installed by June 1, 2020.
6. Equipment: The contractor is responsible to supply all labor and equipment needed to properly and
safely complete the work.
7. Charges for Services: The contractor will submit a single contracted price for the seasonal streetscape
maintenance and trash removal services. The contract will be in effect November 1, 2019, through
October 31, 2020. The contractor may submit invoices to the city of New Hope on a monthly basis for the
work performed the previous month and for any replacement trees, plants, shrubs, or flowers.
8. Inspections: Contractor will inspect property for pre-existing damage and submit a report detailing all
pre-existing damage by commencement of contract award. A meeting is required prior to the acceptance
of any services by the city of New Hope. It is the contractor’s responsibility to set up a time when both
the contractor and New Hope staff are able to review the site and answer any questions.
9. Damage: Contractor is required to make arrangements satisfactory to the city of New Hope to repair
any damage to property, including but not limited to: concrete planters, benches, lighting, etc.
10. Equipment: All mechanical equipment that will be used for the maintenance of the streetscape must
be in good working order.
11. Insurance: Before beginning actual work, the contractor shall submit to the city and obtain the city’s
approval of a certificate of insurance on Standard Form C.I.C.-701 or ACORD 25 forms, showing the
following insurance coverage and listing the City as a loss payee under the policies:
a. General Contractor Liability: $1,000,000
b. Automobile Liability for all automobiles: $1,000,000
c. Workman’s Compensation: Statutory Amounts
This certificate must provide for the above coverages to be in effect from the date of the contract until 30
days after the Completion Date, and must provide the insurance coverage will not be canceled by the
insurance company without 30 day’s written notice to the city of intent to cancel. The certificate must
further provide that the contractor’s insurance coverage is primary coverage notwithstanding any
insurance coverage carried by the city that may apply to injury or damage relating to the maintenance or
repair of the city’s streets or rights-of-ways by either the city or any employee, agent, independent
contractor, or any other person or entity retained by the city to perform the herein services.
12. Indemnification: The contractor agrees to indemnify, defend and hold the city harmless from any
damages, including costs and attorney’s fees, from any claims, demands, actions or causes of action
arising out of any act or omission on the part of the contractor or its agents, servants, vendors or
employees in the performance of or with relation to any of the work or services performed or furnished by
the contractor under this contract.
13. Contract: The contractor will be required to enter into a contract with the city of New Hope. This
contract will be subject to review by the New Hope City Attorney and requires approval of the New Hope
City Council.
Contract Extension: Should the contract be extended beyond the original contract date, payment for any
additional services will be based upon the number of maintenance and trash removal services completed.
The city of New Hope reserves the right to extend the contract prior to expiration for a year at a
time up to and including a total of three years if mutually agreeable.
The city will make payment as soon as possible after each invoice is received. It is expected that the
contractor will issue monthly invoices. Invoices are to be issued in a timely manner and all billing under
the contract must be completed by November 1, 2020.
Please note: Billing for all work is to be sent to Jeff Alger, Community Development
Specialist, at 4401 Xylon Avenue North, New Hope, MN 55428
14. Emergency Contacts: Contractor shall provide emergency telephone numbers that may be called any
time, 24-hours a day, and seven days a week. Contractor will respond within two hours to any call made
by the designated city official for maintenance and trash removal services.
15. Location of Services: See the attached maps that indicate the location of the areas maintenance
services are to be under the contract. Note that trash receptacles are located on both the east and west
sides of Xylon Avenue.
I:\RFA\COMM DEV\2019\EDA\10-28-19 Xylon Avenue Holiday Lighting Contract\Q - Xylon Ave Holiday Lighting Contract 10-28-19.docx
Request for Action
October 28, 2019
Approved by: Kirk McDonald, City Manager
Originating Department: Community Development
By: Jeff Alger, Community Development Specialist;
Jeff Sargent, Director of Community Development
Agenda Title
Motion to approve low bid from Kenlawn Co. for installation, maintenance, and removal of holiday lights on
trees along Xylon Avenue North, between 42nd and 45th avenues, in the amount of $5,480 per year for the
next three years
Requested Action
Staff requests that the Economic Development Authority approve a motion approving the low bid from
Kenlawn Co. for the installation, maintenance, and removal of holiday lights on trees along Xylon Avenue
North, between 42nd and 45th avenues, in the amount of $5,480 per year for the next three years.
Policy/Past Practice
It is a past practice of staff to review on-going maintenance needs and amenities for the City Center streetscape
with the Economic Development Authority (EDA) to keep the area as a vibrant and attractive focal point for
the city.
Background
The city has been lighting the 49 trees with outlet boxes in the City Center district since 2016. Of the 49 trees,
46 are located along Xylon Avenue North and three are located on 45th Avenue North. A vehicle has struck
one of the trees on Xylon Avenue North near the intersection at 45th Avenue North on two separate occasions.
It was not replaced after the most recent incident; therefore, there are now 48 trees with outlet boxes.
The city has utilized Russel Williams Home Services for the installation, maintenance, and removal of holiday
lights since 2016. The cost of installing the lights has increased from $3,568.40 in 2016 to $5,178.60 in 2018.
While the trees in the area have increased in size, staff felt it was appropriate to request bids on the services
to ensure the city is getting the best possible price and level of service. Staff sent a request for bid to four
contractors, including Russel Williams and Kenlawn Co., the contractor that the city utilizes for snow removal
and maintenance services along Xylon Avenue North. The bid specifications included the following:
3-year contract
48 trees (45 on Xylon Avenue and 3 on 45th Avenue)
Warm white 5mm LED bulbs, 70 lights per strand, tags removed
9 to 10 strands per tree
Connect strands to outlets near trees with discrete extension cords (not bright orange or yellow), tags
removed
Install by early November (or before), remove in early March
Visit site three times per week to verify all lights are working and fix/replace any strands or lights that
are not working
Correct any issues within 24 hours of being contacted by city staff
Lights are owned, provided, replaced, and stored by contractor
Agenda Section
EDA
Item Number
5
Request for Action, Page 2
The city received the following bids:
Company Estimated # of
strands
Cost Per Year Tax 3-Year Total
Cost
Kenlawn Co. 9-10 strands $5,480 $0 $16,440
Rainbow Holiday Design 9-10 strands $6,350 $452.44 $20,407.32
Russel Williams Home
Services
Year 1: 9 strands
Year 2: 10 strands
Year 3: 11 strands
Year 1: $5,443
Year 2: $6,048
Year 3: $6,653
$0 $18,144
Timberland Outdoor
Services
9-10 strands $6,400 $442.47 $20,527.41 plus
maintenance
($70/hour)
Staff has been pleased with the quality of work that Kenlawn Co. has provided through the Xylon Avenue
landscaping/maintenance contract. Utilizing a contractor that is already on-site several times per week for
snow removal and maintenance services will be beneficial in fixing/replacing any lights that are not working.
Similar to 2016-2018, tree trunks would continue to be wrapped in lights and a “swag” design would be used
on the canopies.
Funding
Funding for the holiday lights would be provided through the EDA budget.
Recommendation
Staff recommends that the EDA approve a motion approving the low bid from Kenlawn Co. for installation,
maintenance, and removal of holiday lights on trees along Xylon Avenue North, between 42nd and 45th
avenues, in the amount of $5,480 per year for the next three years.
Attachments
Proposal from Kenlawn Co. (October 11, 2019)
Contract
HOLIDAY LIGHTS PROPOSAL
KENLAWN LAWN AND LANDSCAPE
4301 QUEBEC AVE. NO. #4
NEW HOPE, MN 55428
V:763-557-1986 F:763-557-0250 E:kenlawnco@comcast.net
10/11/2019
QUOTATION #1986425
Customer Name: City of New Hope c/o: Jeff Alger
Project address: 4401 Xylon Ave. No., New Hope MN 55428
We are pleased to present this quotation to furnish materials, labor and equipment to complete the
following work:
BOULEVARD TREES: To install 9-10 strands of warm white 5mm 70 bulb LED’s per tree on (48)
trees located along sidewalk edges to Xylon/45th Ave.. Installation to be completed by mid-
November with all tags removed, green custom made extension cords connecting to outlet box
at base of each tree with removal in March and storage of all product. Labor is included with
installation/take down. 3 year contract (11/1/19-3/31/22) includes all taxes, three
maintenance visits per week to verify all are in working order. Repair/replace any broken lights
included in contract.
Total cost: $5,480.00(per year)
3-year contract total: $16,440.00
Initial for acceptance: ________
Presented by: Ken Lambert of KENLAWN CO.
Please sign/return upon approval: _____________________________ Date: ________________
1
CITY OF NEW HOPE CONTRACT FOR
INSTALLATION OF HOLIDAY LIGHTS
XYLON AVENUE NORTH/45TH AVENUE NORTH
For valuable consideration as set forth below, this Contract dated the ____ day of October,
2019, is made and entered into between the City of New Hope, a Minnesota municipal corporation
("City") and KENLAWN Co., a Minnesota corporation ("Contractor").
1. THE SERVICES AND TERM
Contractor hereby promises and agrees to perform and comply with all the provisions of this
Contract for the installation of holiday lights for the City at Xylon Avenue North and 45th Avenue
North (“Xylon Avenue Streetscape”). The work to be performed by Contractor under this Contract is
defined in Exhibit A (“Services”). The Term of this Contract shall commence on November 1, 2019
and terminate on March 31, 2022.
2. CONTRACT PRICE
The City agrees to pay Contractor the total sum of $16,440 ($5,480 per year for 3 holiday
seasons) in exchange for Contractor satisfactorily furnishing labor and materials for the Services.
3. INSURANCE
Before beginning actual Services under this Contract, Contractor shall submit to the City and
obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C.-701 or ACORD 25
forms, showing the following insurance coverage and listing the Contractor as a loss payee under the
policies:
a. General Contractor Liability: $1,000,000.00
b. Automobile Liability for all Automobiles $1,000,000.00
c. Workman's Compensation: Statutory Amounts
The City shall be named as an Additional Insured in regard to the General Contractor Liability forms
where required by written contract on a primary and non-contributory basis, including completed
operations. All insurance is subject to the review and approval of the New Hope City Attorney.
4. LAWS, REGULATIONS AND SAFETY
Contractor shall give all notices and comply with all laws, ordinances, rules and regulations
applicable to performance under this Contract. Contractor shall provide adequate signs and/or
barricades, and will take all necessary precautions for the protection of the Services and the safety of
the public.
2
5. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City,
its agents and employees from and against all claims, damages, losses and expenses, including but
not limited to attorney's fees, arising out of or resulting from the performance of Services, provided
that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or
death, or to injury or to destruction of tangible property (other than the Services itself) including the
loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission
of Contractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any
of them may be liable, regardless of whether or not it is caused in part by a party indemnified
hereunder.
6. COSTS OF ENFORCEMENT
Contractor agrees to reimburse the City for all costs incurred by the City in the enforcement
of this Agreement, or any portion thereof, including court costs and reasonable attorneys’ fees.
7. ASSIGNMENT
Contractor shall not assign or transfer, whether by an assignment or novation or otherwise,
any of its rights, duties, or responsibilities without prior written consent of the City.
8. NOTICE
The address of Contractor for purposes of giving notices and any other purpose under this
Contract shall be 4301 Quebec Avenue North, Suite #4, New Hope, MN 55428.
The address of the City for purposes of giving notices and any other purpose under this
Contract shall be 4401 Xylon Avenue North, New Hope, MN 55428.
IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and
seals as of the day and year first above written.
City of New Hope
By: ____________________________________
Kirk McDonald
Its: Chief Manager
KENLAWN Co., a Minnesota corporation
3
By: ____________________________________
Ken Lambert
Its: President
4
Exhibit A
Services
3-year contract
48 trees (45 on Xylon Avenue and 3 on 45th Avenue)
Warm white 5mm LED bulbs, 70 lights per strand, tags removed
9 to 10 strands per tree
Connect strands to outlets near trees with discrete extension cords (not bright orange or yellow),
tags removed
Install by early November (or before), remove in early March
Visit site 3 times per week to verify all lights are working and fix/replace a ny strands or lights
that are not
Correct any issues within 24 hours of being contacted by city staff
Lights are owned, provided, replaced, and stored by contractor
Include all taxes and any fees associated with the installation with estimate
List cost per year and total cost when submitting bid
P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-11409 Maintenance Contract for Xylon Avenue\Holiday Lights Contract .docx