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HomeMy WebLinkAboutResolution 7639RESOLUTION 7639 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING INDEPENDENT CONTRACTOR AGREEMENTS FOR 2010 TREE REMOVALS WITH UPPER CUT TREE SERVICES AND 4 SEASONS TREE CARE WHEREAS, proper forest management has many positive effects including increasing property values, aesthetics, reducing energy costs, attracting wildlife, reducing stormwater runoff, and providing an overall higher quality of life; and WHEREAS, tree removals are necessary to avoid hazardous conditions to the public and to control spreading of tree disease as part of Chapter 605 of the Municipal Code; and WHEREAS, quote proposals were solicited in 2009 from contractors for tree removals in areas with and without vehicular access; and WHEREAS, the lowest responsible quotes were received by Upper Cut Tree Services for tree removals in locations without vehicular access and 4 Seasons Tree Care for tree removals in locations with vehicular access; and WHEREAS, the City entered into independent contractor agreements with Upper Cut Tree Services and 4 Seasons Tree Care for 2009 tree removals on March 23, 2009 (Res. 7424); and WHEREAS, the terms for 2009 tree removal independent contractor agreements ended on December 31, 2009; and WHEREAS, Upper Cut Tree Services and 4 Seasons Tree Care have agreed to renew independent contractor agreements with the City of Mounds View for 2010 tree removals without any increase in unit prices; and WHEREAS, independent contractor agreements have been prepared for the 2010 tree removals between the City and Upper Cut Tree Services and 4 Seasons Tree Care with contract terms ending December 31, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The contract with Upper Cut Tree Services for 2009 tree removals in locations without vehicular access is hereby renewed for 2010 tree removals. 2. The contract with 4 Seasons Tree Care for 2009 tree removals in locations with vehicular access is hereby renewed for 2010 tree removals. 3. The Mayor and City Administrator are hereby authorized and directed, for and on behalf of the City, to execute and enter into an independent contractor agreements dated June 28th, 2010 with Upper Cut Tree Services and 4 Seasons Tree Care upon satisfactory review by the City Attorney. Adopted this 28th day of June, 2010. ATTEST: Jo lah ~G~~ ~~~~,~v`~ James Ericson, Clerk-Administrator (SEAL) INDEPENDENT CONTRACTOR AGREEMENT FOR 2010 TREE REMOVALS WITHOUT VEHICULAR ACCESS THIS AGREEMENT is made on the 28th day of June 2010, between the CITY OF MOUNDS VIEW ("City"), a Minnesota municipal corporation, whose business address is 2401 Highway 10, Mounds View, MN 55112, and UPPER CUT TREE SERVICES ("Contractor"), whose business address is 8841 167thLane, Forest Lake, MN 55025. THE CITY AND CONTRACTOR AGREE AS FOLLOWS: 1. Indenendent 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 perfornung 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 shall be exclusively responsible under this Agreement for the Contractor's own FTCA payments, workers' compensation insurance, unemployment compensation insurance, withholding amounts, or self-employment taxes if any such payments, amounts, or ta7ces are required to be paid by law or regulation. 2. Contractor's Services. The Contractor agrees to provide services for tree removals in public and private property locations without good vehicular access to trees (backyards, etc.) on behalf of the City. The Contractor shall perform the work in accordance with the specifications set forth in Exhibit A of this Agreement. The Contractor has become familiar with and is satisfied as to the general nature of the work and typical site conditions that may affect cost, progress, and performance of the work. The Contractor shall, in the execution of the services, conform to all applicable federal, state, and local laws, codes, ordinances, and regulations. 3. Comuensation for Services. The City agrees to pay the Contractor for the tree removal services on a per tree basis with unit prices based upon tree diameter measured at 4.5 feet above existing ground level as follows: Tree Dia. (in.) Unit Price 0 up to 28.5 in. $23/dia.-in. 28.5 to 40 in. $33.50/dia.-in. Over 40 in. Negotiable The Contractor shall submit to the City, on a monthly basis, itemized bills for the services performed under this Agreement. Bills submitted sha11 be paid in the same manner as other claims made to the City. 2010 TREE REMOVALS WITHOUT VEHICULAR ACCESS 4. Contract Time for Comnletion. The Contractor's services for removing trees will be completed within 20 calendar days after the date indicated on each work order, with stump removal and restoration within 10 calendar days thereafter. 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. An extension of time for completion may be granted by the City for excusable delays beyond the control of the Contractor. 5. Term. The term of this Agreement shall be from the date indicated above until December 31, 2010 unless first terminated in accordance with this Agreement. 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 ternunation, 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 ternunation. 7. Subcontractors. The Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. 8. Assi~nmen~ Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 9. IndemnificaNon. The Contractor agrees to defend, indemnify and hold the City, its officials, employees, agents and contractors 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 lunitation 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 the Contractor fully to perform, in any respect, all obligations under this Agreement. 10. Workers' Compensation Insurance. The Contractor shall have workers' compensation insurance coverage that meets the requirements of Minnesota law. The Contractor shall execute the form attached hereto prior to commencing work under this Agreement. 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 maintain adequate insurance with limits acceptable to the City to protect him/her/itself and the City from claims and liability for injury or damages to persons ar property for a11 work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its policy. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is in effect. 13. Data Privacv. 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. 2010 TREE REMOVALS WITHOUT VEHICULAR ACCESS 2 14. Governing Law. The laws of the State of Minnesota shall control this Agreement. 15. Entire Agreement; Amendments. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 16. No Waiver bv the Citv. By entering into this Agreement, the City does not waive its entitlement to any immunities under statute or common law. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. UPPER CUT TREE SERVICES By: Its: By: Its: CITY OF MOUNDS VIEW By: Joe Flaherty Its: Mayor Jim Ericson City Administrator 2010 TREE REMOVALS WITHOUT VEHICULAR ACCESS 3 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 Minnesota Statutes Section 176.181, subdivision 2. This information will be furnished, upon request, to the Department of Labor and Industry to check for compliance with Minnesota Statutes Section 176.181, subdivision 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 or is falsely reported. Furthermore, if this information is not provided or is falsely reported, it may result in a penalty assessed against your business by the Commissioner of the Department of Labor and Industry. 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: ^ I have no employees covered by the law. ^ 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. (Signature) 2010 TREE REMOVALS WITHOUT VEHICULAR ACCESS 4 INDEPENDENT CONTRACTOR AGREEMENT FOR 2010 TREE REMOVALS WITH VEHICULAR ACCESS THIS AGREEMENT is made on the 28th day of June 2010, between the CITY OF MOUNDS VIEW ("City"), a Minnesota municipal corparation, whose business address is 2401 Highway 10, Mounds View, MN 55112, and 4 SEASONS TREE CARE, INC. ("Contractor"), whose business address is 26884 153`a Street, Pierz, MN 55364. 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 sha11 be responsible for selecting the means and methods of performing the work. The Contractor sha11 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 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 services far tree removals in public and private property locations with good vehicular access to trees (right-of-ways, front yards, parks, etc.) on behalf of the City. The Contractor shall perform the work in accordance with the specifications set forth in Exhibit A of this Agreement. The Contractor has become familiar with and is satisfied as to the general nature of the work and typical site conditions that may affect cost, progress, and performance of the wark. 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 5ervices. The City agrees to pay the Contractor for the tree removal services on a per tree basis with unit prices based upon tree diameter measured at 4.5 feet above existing ground level as follows: Tree Dia. (in.) Unit Price 0 up to 35 in. $15/dia.-in. 35 to 40 in. $25/dia.-in. Over 40 in. Negotiable 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. 2010 TREE REMOVALS WITH VEHICULAR ACCESS 4. Contract Time for Comuletion. The Contractor's services for removing trees will be completed within 20 calendar days after the date indicated on each work order, with stump removal and restoration within 10 calendar days thereafter. 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. An extension of time for completion may be granted by the City for excusable delays beyond the control of the Contractor. 5. Term. 'The term of this Agreement shall be from the date indicated above until December 31, 2010 unless first ternvnated in accordance with this Agreement. 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 ternunation, the City shall have no further obligation to the Contractor except to compensate the Contractar for services performed prior to the date of the notice of termination. 7. Subcontractors. The Contractor sha11 not enter into subcontracts for services provided under this Agreement without the express written consent of the City. 8. Assignmen~ Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 9. Indemnification. The Contractor agrees to defend, indemnify and hold the City, its o~cials, employees, agents and contractors harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly ar 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 the Contractor fully to perform, in any respect, all obligations under this Agreement. 10. Workers' Compensation Insurance. The Contractor shall have workers' compensation insurance coverage that meets the requirements of Minnesota law. The Contractor shall execute the form attached hereto prior to commencing work under this Agreement. 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 Contractar shall maintain adequate insurance with limits acceptable to the City to protect him/her/itself and the City from claims and liability for injury or damages to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its policy. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is in effect. 13. Data Privacv. 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. 2010 TREE REMOVALS WITH VEHICULAR ACCESS 14. Governing Law. The laws of the State of Minnesota shall control this Agreement. 15. Entire Agreement; Amendments. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 16. No Waiver bv the Citv. By entering into this Agreement, the City does not waive its entitlement to any immunities under statute or common law. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. 4 SEASONS TREE CARE, INC. By: Its: By: Its: CITY OF MOUNDS VIEW By: Joe Flaherty Its: Mayor Jim Ericson City Administrator 2010 TREE REMOVALS WITH VEHICULAR ACCESS 3 PROOF OF WO~iKERS' 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 Minnesota Statutes Section 176.181, subdivision 2. This information will be furnished, upon request, to the Department of Labor and Industry to check for compliance with Minnesota Statutes Section 176.181, subdivision 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 or is falsely reported. Furthermore, if this information is not provided or is falsely reported, it may result in a penalty assessed against your business by the Commissioner of the Department of Labor and Industry. 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 PERMTT NO.: DATES OF COVERAGE: - OR - I am not required to have workers' compensation liability coverage because: ^ I have no employees covered by the law. ^ 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. (Signature) 2010 TREE REMOVALS WITH VEHICULAR ACCESS 4