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HomeMy WebLinkAboutA002 - note regarding insurance limits �p Iowa1 k State Universitlof S(ielu (lilt/ I('C1l„e)h)'�� loh sc�o/f. ` � March 6, 1990 Depitmenluf 11m11,1111ure Mayor Larry Curtiss 515 Clark Avenue Ames, Iowa 50010 Dear Mr. Curtiss: Please find enclosed suggested changes and additions to Chapter 27 'Trees and Shrubs' of the City of Ames Municipal Code. I am not engaged in the business of tree or landscape maintenance, but I have had six years experience in large tree maintenance and 12 years experience in landscape maintenance. I am presently engaged in teaching at Iowa State University in the area of landscape maintenance and in research to solve problems in the landscape. I became aware of the existing ordinance through Mr. Mike Gaul and was encouraged to offer suggestions for the improvement of the ordinance by Scott Johnson of the Ames City government and by local tree maintenance companies. As a citizen of Ames, I am concerned the present ordinance will restrict tree maintenance to a few companies that have made the decision to pursue the type of work that involves high risk and the high price for services reasonably associated with that risk. Maintenance of most of the trees in Ames involves a moderate to low risk factor that does not require the services of a high risk tree surgeon and the high prices associated with such highly specialized service. I have already been told by Wade Stockton of Stockton Tree and Stump Removal, Zearing, Iowa, of a job he had contracted in Ames for $500.00, but could not perform because of the high insurance requirement of the present ordinance. The job was bid at $1,200.00 by a company that had fulfilled the requirements of the present ordinance. I sincerely hope this was an isolated incident or involved justifying details of which I am not aware. It does suggest. however, that there is less competition and higher prices since the existing ordinance took effect. I want to thank the City of Ames for allowing me to offer these suggestions. If I may be of further service to you, please feel free to contact me at my office 294-2752 or home 232-3735. Sincerely, M. Wayne Heflejr40 Assistant Professor /�p Enclosure bjh of cJ M ��r Sec. 27.5 TREE MAINTENANCE SPECIALISTS and CLIENT, Defined The word "client" as used herein means any individual singly or collectively who offers a valuable consideration for the performance of the work of felling, pruning, cabling, bolting, or repair of a tree. The words "high risk tree surgeon" as used herein mean any person who engages, for a valuable consideration, in the work of felling, pruning, cabling, bolting, or repair of trees where any portion of the tree, equipment, personnel, or materials used in the work extends or may extend during the work through intent or mishap over, onto, or into any primary electrical or communication line, equipment, or structure. The words "tree surgeon" as used herein shall mean any person who engages, for a valuable consideration, in the work of felling, pruning, cabling, bolting, or repair of trees where any portion of the tree, equipment, personnel, or materials used in the work extends or may extend during the work through intent or mishap over, onto, or into secondary electrical or communication lines, public areas and buildings, public passageways for people or vehicles, or any other area that is not the legal responsibility of the client(s) . The words "tree worker" as used herein mean any person who engages for a valuable consideration in the work of felling, pruning, cabling, bolting, or repair of trees where removed portions of trees, equipment, personnel, or materials used in the work are not associated with electrical or communication lines, equipment or structures, public passageways for people and vehicles, or public areas or buildings, but only extend or may extend during the work through intent or mishap over, onto, or into buildings, private passageways for people, or vehicles and areas containing constructed or created items of value that are the legal responsibility of the client(s) . (Ord. No. 807, Sec. 4; Code 1956, Sec. 39-5) (State Law Ref. Iowa Code Sec. 364.12(2)(1)] 1 Sec. 27.5. TREE SURGEON, DEFINED. The words "tree surgeon" as used herein mean any person who solicits or engages in the work of felling trees, or who cuts or trims any tree, or who offers services in the diagnosis and treatment of dis- eases of any tree, for a valuable consideration. Sec. 27.6. LICENSE REQUIRED. Every tree surgeon shall annually, before engaging in the services aforesaid, obtain a license from the city clerk and shall pay a license fee in such amount as shall be established for all such licenses by the city manager to cover the costs of administration investigation and en- forcement. The city manager shall devise and provide forms to be utilized in making application for the said license so as to obtain the information deemed reasonable and necessary to establish that the appli- cant is qualified and capable of performing the work of a tree surgeon. All licenses shall terminate on June 30 of the year issued. (Ord. No. 3069, Sec. 1, 12-19-89) Sec. 27.7. INSURANCE REQUIRED. Applicant shall procure and maintain, for the duration of the license period, insurance against claims for injuries to persons or damages to property which may arise from or in connection with prod- ucts, materials and services furnished. Applicant shall furnish the City of Ames with certificates of insurance evidencing the following coverages: (1) Comprehensive General Liability with limits of no less than $1,000,000 combined single limits per occurrence for bodily injury, personal injury and property damage. (2) Automobile Liability with limits of no less than $1,000,000 com- bined single limits per occurrence for bodily injury, personal injury and property damage. (3) Worker's Compensation and Employee's Liability as required by the laws of the State of Iowa. The certificate must be on file in the office of the City Clerk, showing that the policy has effective dates coinciding with the effective dates of the tree surgeons license applied for, before the license shall be issued. (Ord. No. 876, Sec. 4, 10-1-57; Ord. No. 3044, Sec. 1, 4-11-89; Ord. No. 3065, Sec. 1, 11-21-89) SUPP. 17/1985 CODE 27-2 Jan. 1, 1990 CHAPTER 27 TREES AND SHRUBS Sec. 27.1. CITY CONTROL ESTABLISHED. The city has charge, custody and control of all trees and shrub- bery upon the parkings and other portions of the public streets and has the right to plant, prune, care for, remove and maintain all trees and shrubbery upon the public streets. "Public streets" means all land lying between property lines on either side of all public streets, ave- nues, highways, boulevards and alleys within the corporate limits of the city. (Ord. No. 872, Sec. 1, Ord. No. 807, Sec. 1; Code 1956, Sec. 39-1, Sec. 39-2) [State Lary Ref. Iowa Code Sec. 368.32] Sec. 27.2. STREET TREE PLANTING, PERMIT. The planting of trees within the street limits (parking and medi- ans) shall be done by the city or private property owner only in accor- dance with the planting plan approved by the city manager and on file in the Department of Public Works. Plantings in accordance with the approved plan are encouraged. Permits will be issued without charge. Sec. 27.3. CITY REMOVAL OF STREET TREES. (1) Street trees which are dead or which for some other reason constitute a clear and present danger to the public safety may be removed at the direction of the city manager or designee at any time without notice. (2) To remove a street tree for any reason other than as stated above the city manager shall cause a notice of intention to do so to be posted on the subject tree or trees. The notice shall remain posted for a period of not less than fifteen (15) days, during which period any local resident may file a written objection with the city manager. If such objections are filed they shall be referred to the city council and a hearing held thereon at its next regular meeting and the council may thereafter sustain the objection or authorize the tree removal as is deemed in the best interest of the public. Sec. 27.4. CUTTING, REMOVAL OF TREES, SHRUBS BY OWNER; RE-- QUIREMENTS. Cutting or removing trees or shrubs in the street limits shall be done only with the permission and under the supervision of the city man- ager, except that the owner, agent or occupant of any lot or parcel of land shall keep the trees on and adjoining their property in the public street trimmed so that the overhanging branches shall be at least eight (8) feet above the surface of the sidewalk and fourteen (14) feet above the surface of the traveled portion of the street. SUPP. 17/1985 CODE 27-1 Jan. 1, 1990 Sec. 27.6 LICENSE REQUIRED Every tree maintenance specialist shall annually, before engaging in the services aforesaid, obtain a license from the city clerk and shall pay a license fee in such amount as shall be established for all such licenses by the city manager to cover the costs of administration, investigation, and enforcement. The city manager shall devise and provide forms to be utilized in making application for the said license so as to obtain the information deemed reasonable and necessary to establish that the applicant is qualified and capable of performing the work of a tree maintenance specialist. All licenses shall terminate on December 31 of the year issued. Sec. 27.7 INSURANCE REQUIRED Applicant shall procure and maintain, if required for licensing, for the duration of the license period, insurance against claims for injuries to persons or damages to property which may arise from or in connection with products, materials, and services furnished. Applicant shall furnish the City of Ames with certificates of insurance evidencing the following coverages: A. Applicant for high risk tree surgeon. 1. Comprehensive General Liability with limits of no less than $1,000,000 combined single limits per occurrence for bodily injury, personal injury, and property damage. 2. Automobile Liability with limits of no less than $1,000,000 combined single limits per occurrence for bodily injury, personal injury, and property damage. 3. Worker's Compensation and Employee's Liability as required by the laws of the State of Iowa. The certificate must be on file in the office of the City Clerk, City of Ames before a license shall be issued. B. Applicant for tree surgeon. 1. Comprehensive General Liability with limits of no less than $300,000 combined single limits per occurrence for bodily injury, personal injury, and property damage. 2. Automobile Liability as required by the laws of the State of Iowa. 3. Worker's Compensation and Employee's Liability as required by the laws of the State of Iowa. The certificate must be on file in the office of the City Clerk, City of Ames before a license shall be issued. C. Applicant for tree worker. 1. Comprehensive General Liability as stated in agreements with client(s) . 2. Automobile Liability as required by the laws of the State of Iowa. 3. Worker's Compensation and Employee's Liability as required by the laws of the State of Iowa. The certificate must be on file in the office of the City Clerk, City of Ames before work may begin. Sec. 27.8 EXTENT OF LICENSES 1. A licensed high risk tree surgeon may also legally perform the work of the tree surgeon and tree worker. 2. A licensed tree surgeon may also legally perform the work of the tree worker. 3. A licensed tree. work may legally perform only the work of the tree worker. Work of the licensed tree worker may proceed after a statement that describes the location of the tree(s) , the extent of personal injury and property damage coverage offered by the tree worker, a release of the client(s) from any responsibility for personal injury and property damage suffered by the tree worker during or in connection with the work, and a release of the tree worker by the client(s) from any responsibility for personal injury and property damage in excess of that stated in the agreement is signed by the tree worker or his appointed representative and the client(s) or his/their• appointed representative(s) , each party to the agreement and the City Clerk, City of Ames, Iowa to receive a copy of the signed statement before work is started. The tree worker must be prepared to produce his copy of the agreement with the client(s) at the request of authorized City of Ames personnel during the time the work is in progress or be liable for a fine of $10.00 per occurrence. Sec. 27.9 INDUCEMENTS FOR COMPLIANCE 1. Any person found guilty of performing the work of a high risk tree surgeon, for a valuable consideration, without proper licensing shall be liable for a fine of $1,000.00 and shall have any license they may have revoked for a period of one year. 2. Any person found guilty of performing the work of a tree surgeon, for valuable consideration, without proper licensing shall be liable for a fine of $500.00 and shall have any license they may have revoked for a period of one year. 3. Any person found guilty of performing the work of a tree worker, for valuable consideration, without proper licensing shall be liable for a fine of $200.00 per occurrence. 4. Any licensed tree worker found guilty of performing work before filing of the necessary agreements with the City Clerk, City of Ames, Iowa, shall be liable for a fine of $20.00 per occurrence and the loss of licence after three violations occur within the license period.