Agenda Packets - 2010/10/25 - Laserfiche WebLink

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2010 ROOF MANAGEMENT PROGRAM/ROOF REPAIR ADMINISTRATION 1 CITY PROJECT NO. 2010-004 INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made on the 25th day of October, 2010, between the CITY OF MOUNDS VIEW (“City”), a Minnesota municipal corporation, whose business address is 2401 Highway 10, Mounds View, MN 55112, and INSPEC, INC. (“Contractor”) whose address is 5801 Duluth Street, Minneapolis, MN 55422. 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 an independent contractor and not an employee of the City. The Contractor is free to contract with other entities as provided herein. The Contractor shall be responsible for selecting the means and methods of performing the work. The Contractor shall furnish any and all supplies, tools, equipment, materials and incidentals necessary for the Contractor’s performance under this Agreement at his/her/its own expense. The City and the Contractor agree that the Contractor shall not at any time or in any manner represent that the Contractor or any of the Contractor’s agents or employees are in any manner agents or employees of the City. The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. The Contractor shall be exclusively responsible under this Agreement for the Contractor’s own FICA payments, workers’ compensation insurance, unemployment compensation insurance, withholding amounts, 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 engineering services for roof management program and roof repair administration for the City as described on the attached Exhibit A. The Contractor shall, in the execution of the services, conform to all applicable federal, state, and local laws, codes, ordinances, and regulations. 3. Compensation for Services. The City agrees to pay the Contractor for the services on a lump sum basis in the amount of $8,900 for the roof management survey/report and $2,500 for the roof repair administration for a combined total fee of $11,400. The Contractor has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, and performance of the work. The Contractor shall submit to the City, on a monthly basis, itemized bills for the services performed under this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. 4. Contract Time for Completion. The Contractor’s services will be completed on or before December 1, 2010 for roof repair administration and on or before March 1, 2011 for roof management program services. The Contractor recognizes that time is of the essence of this Agreement and that City may suffer financial loss if the services are not completed within the times specified. 5. Additional Services and Compensation. If additional services are required due to conditions or events outside of the Contractor’s control, the City may request the Contractor to submit a supplemental proposal outlining the additional services needed, including a compensation fee for performing the additional services and any extension of time to complete the work. 6. Termination. Either party, without cause, may terminate this Agreement by seven days’ written notice delivered to the other party at the address written above. After termination, the City shall have no further obligation to the Contractor except to compensate the Contractor for services performed prior to the date of the notice of termination.