HomeMy WebLinkAbout2019-2978.04CITY OF COLUMBIA HEIGHTS SNOW REMOVAL PROGRAM
AGREEMENT FOR SIDEWALK SNOW REMOVAL SERVICES
PERFORMED BY INDEPENDENT CONTRACTOR, DUALL SERVICES, INC.
TIDS AGREEMENT is made on the 20th day of December, 2019, 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 a grees to provide sidewalk snow removal and
enforcement documentation services for all properties with sidewalks located along Central
Avenue for the 2019/20 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 3 feet, document via pictures the
completed clearing, and invoice the City for the snow clearing in accordance with the
attached quote dated December 13, 2019.
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 December 20, 2019 through April 30, 2020.
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 Contractors receipt of notice of termination.
Contract # 2019-2978.04
CITY OF COLUMBIA HEIGHTS SNOW REMOVAL PROGRAM
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.
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 day and year first written above.
CITY OF COLUMBIA HEIGHTS CONTRACTOR:
CITY OF COLUMBIA HEIGHTS SNOW REMOVAL PROGRAM
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:
o I have no employees covered by the law.
o 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.
Contractor (Signature)
CITY OF COLUMBIA HEIGHTS SNOW REMOVAL PROGRAM
DuAll Services, Inc.
636-_39 th Avenue NE
Columbia Heights, MN 55421
dhei !@dual!services.com
Contacts: Deanna Heil
Description of Services:
Exhibit A
Contractor Information
The contractor shall thoroughly familiarize themselves with City ordinances and State laws
dealing with snow removal:
Snow removal along both sides of Central Ave in Columbia Heights (not including Hill Top).
-After any given snow fall, we will wait for a call from the City of Columbia Heights to send our
crew out to inspect and perform snow removal at any address that has not cleared the required
area by the allowed time.
-We will have it completed within 24 hours of that phone call. With the exception of it is a
holiday which would be a different pricing for Holiday hours.
-We will clear a minimum 3 foot clearance along the sidewalk and boulevards, including the
boulevard going East to West at each intersection for those businesses.
-Area will be cleared for Emergency access at our inspection including any "afterplow" after the
business owner may have cleared.
-Photos will be required that will include a picture of the business, one full large view picture,
before pictures with an angle to show the sidewalk and after picture to show completion.
-Where there is ice build-up this includes us applying salt.
-We will bill "per address" Intersections where we have the East -West will be billed twice for
the additional side. And will include all access to Central on the corners.
-One invoice will be submitted for all properties listed by address and "tier" we are billing.
Charges:
Removal per address -for snow accumulation up to 2"
Removal per address -for snow accumulation 2"-5"
Removal per address -for snow accumulation 5" -12"
Removal per address -for snow accumulation 13" -20"
Anything above 20" will be billed an additional $10.00 per inch.
$75.00
$125.00
$185.00
$275.00