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HomeMy WebLinkAbout2021-3064CITY OF COLUMBIA HEIGHTS SNOW REMOVAL PROGRAM AGREEMENT FOR SIDEWALK SNOW REMOVAL SERVICES PERFORMED BY INDEPENDENT CONTRACTOR, DUALL SERVICES, INC. THIS AGREEMENT is made on the 7th day of January, 2021, between the CITY OF COLUMBIA HEIGHTS ("City"), whose business address is 590 40th Ave. NE, Columbia Heights, MN 55421, and DuAII Services, Inc. ("Contractor"), whose business address is 636 39th Ave NE, Columbia Heights MN 55421. THE CITY AND CONTRACTOR AGREE AS FOLLOWS: 1.Independent Contractor. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 2.Contractor's Services. The Contractor agrees to provide sidewalk snow removal and enforcement documentation services for all properties with sidewalks located along Central Avenue for the 2021 winter season. Within 36-48 hours of a snow event, Contractor will identify sidewalks in violation of the snow removal ordinance, document via pictures the violation, clear the sidewalk to a minimum clear width of three (3) feet, document via pictures the completed clearing, and invoice the City for the snow clearing in accordance with the attached quote (Exhibit A)dated January 6, 2021. 3.Time for Performance of Services. The Contractor shall perform the services according to Exhibit A. 4.Compensation for Services. The City agrees to pay the Contractor for services as described in Exhibit A. Compensation shall be in accordance with Exhibit A, attached and made a part of this Agreement. 5.Method of Payment. The Contractor shall submit to the City, on a monthly basis, itemized bills for professional services performed under this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. 6.Duration. This Agreement is in effect from January 7, 2021 through May 31, 2021. Either party, without cause, may terminate this Agreement by fourteen (14) days' written notice delivered to the other party at the address written above. After termination, the City shall have no further obligation to Contractor except to compensate Contractor for services performed before Contractor's receipt of notice of termination. 7.Subcontractor. The Contractor shall not enter into subcontracts for services provided under this Agreement except as noted in Exhibit A, without the express written consent of the City. Page 1 of4 Contract # 2021-3064 CITY OF COLUMBIA HEIGHTS SNOW REMOVAL PROGRAM 8.Assignment. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 9.Indemnification. Contractor agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Contractor, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Contractor fully to perform, in any respect, all obligations under this Agreement. 10.Workers Compensation Insurance. Worker's compensation coverage shall be furnished meeting minimum requirements of Minnesota law. The Contractor shall provide proof of workers' compensation coverage and shall execute the form attached hereto. 11.Records Access. The Contractor shall provide the City access to any books, documents, papers, and records which are directly pertinent to the Agreement, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this Agreement are closed. 12.General Liability Insurance. The Contractor shall provide the City a Certificate of Insurance complying with the standard contractor's minimum coverage requirements of $2,000,000 combined single limit naming the City of Columbia Heights as an additional insured. Contractor's liability policy shall be so endorsed with a copy delivered to the City. 13.Data Privacy. The Contractor shall comply with Minnesota Statutes Chapter 13, The Minnesota Government Data Practices Act. The Contractor shall not disclose non-public information except as authorized by the Act. 14.Ownership of Documents. All photos, diagrams, analyses, reports, and information generated in connection with performance of the Agreement shall become the property of the City. The City may use the information as it sees fit. Such use by the City shall not relieve any liability on the part of the Contractor. 15.Governing Law. The laws of the State of Minnesota shall control this Agreement. Executed as of the 7th day of January, 2021. CITY OF COLUMBIA HEIGHTS CONTRACTOR Attest: � � City Clerk Page 2 of4 CITY OF COLUMBIA HEIGHTS SNOW REMOVAL PROGRAM PROOF OF WORKERS' COMPENSATION INSURANCE COVERAGE Minnesota Statutes Section 176.182 requires every governmental subdivision entering into a contract for doing any public work to obtain acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Section 176.181, subd. 2. The information required is: the name of the insurance company, the policy number, and dates of coverage or the permit to self-insure. This information will be collected by the licensing agency and put in their company file. It will be furnished, upon request, to the Department of Labor and Industry to check for compliance with Minnesota Statutes Section 176.181, subd. 2. This information is required by law, and a contract for the doing of any public work may not be entered into if it is not provided and/or is falsely reported. Furthermore, if this information is not provided and/or is falsely reported, it may result in a penalty assessed against the applicant by the Commissioner of the Department of Labor and Industry payable to the Special Compensation Fund. Provide the information specified above in the spaces provided, or certify the precise reason your business is excluded from compliance with the insurance coverage requirement for workers' compensation. INSURANCE COMPANY NAME: (NOT the insurance agent) POLICY NO. OR SELF-INSURANCE PERMIT NO.: DATES OF COVERAGE: -OR- I am not required to have workers' compensation liability coverage because: D I have no employees covered by the law. D Other (specify): I HAVE READ AND UNDERSTAND MY RIGHTS AND OBLIGATIONS WITH REGARD TO PUBLIC CONTRACTS AND WORKERS' COMPENSATION COVERAGE, AND I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE AND CORRECT. Page 3 of4 Central Sidewalks DuAII Services, Inc. 636 39th Avenue NE Columbia Heights, MN 55421 763-788-9411 hsp@duallservices.com Date: 1/6/2021 825 41st Ave NE Columbia Heights, MN 55421 At DuA/1, we are committed to providing the highest level of services. We appreciate the opportunity to serve you and it is a pleasure doing business with you. **City of Columbia Heights** PROPOSAL: Cost: Description of Services: Snow and Salt inspections along both sides of Central Ave in Columbia Heights (not including the city of Hilltop or other city addresses provided to us). Snow and Salt Services for properties found in violation of city code Columbia Heights during the inspections or reported to us for abatement of violations by the city's Property Maintenance Inspection Program. -After any given snow fall, the City of Columbia Heights will contact us with a date/time to initiate inspections of Central Ave or provide us with a specific property address for abatement of snow accumulation. -We will complete snow removal/abatement of properties identified as in violation of the city code within 24 hours (business days, excluding holidays) of the initiated date/time. -We will clear a minimum 3-foot clearance along all sidewalks and boulevards, including corner properties with boulevard sidewalks stretching East to West. -Area will be cleared for Emergency access at our inspection including any "after plow" after the business may have been cleared. -Required photos will include a photo clearly identifying the property/structure, a wide shot overview of the area in violation, a before photo of the area in violation, and an after photo showing completion of the abatement. -Due to the high volume of foot-traffic and the duration from snow fall end to our arrival, the possibility of considerable "packing" of snow and build of ice is possible. Chipping or removing of ice build-up is not covered under this contract but we provide salt service at an additional rate of $75.00 per property. -We bill per address, based on the length and depth of snow accumulation. Corner properties having East- West boulevards will be billed for each side. Charge based on per Address/ Length of sidewalk up to 135 feet In length. Cost: For Snow Accumulation up to 2" $100.00 For Snow Accumulation 2" -5" $150.00 For Snow Accumulation 5" -12" $200.00 For Snow Accumulation 13" -20" $300.00 Charge based on per Address/ IJmath of sidewalk over 135 feet in length. Cost: For Snow Accumulation up to 2" $200.00 For Snow Accumulation 2" -5" $250.00 For Snow Accumulation 5" -12" $300.00 For Snow Accumulation 13" -20" $400.00