Ice Storm ROW Tree RemovalCONTRACT BETWEEN THE CITY OF SALINA, KANSAS
And
UNITED DISASTER RESPONSE, LLC
regarding
ICE STORM RIGHT-OF-WAY TREE REMOVAL
This Contract is entered into this��day of February, 2008 by and between the City of
Salina, Kansas (the "City") and United Disaster Response, LLC ("Contractor").
Recitals
A. The City of Salina experienced an extraordinary ice storm which resulted in
extensive damage to trees throughout the community.
B. The Contractor owns and operates equipment which has been determined to be
necessary in removinglright-of-way trees from residential areas within the City.
C. The City desires to contract for and the Contractor desires to provide equipment
and operators in removing right-of-way trees from the three areas of the city identified as
follows: North - area of the city north of South Street; Center - area between South Street and
Cloud Street; and South - area south of Cloud Street.
The parties therefore agree and covenant:
Duties of Contractor. Contractor agrees:
a. Remove each street tree, marked by the City, within 21 working days from
starting date.
b. The trees are to be removed completely within 4" of ground level. Each
location must be left in a sightly manner and the contractor is not
authorized to perform work on private property.
C. All debris trimmed/removed from the trees by the contractor shall be
chipped and/or hauled away. Limbs may be hauled to the City of Salina
Landfill and chips may be hauled to the Markley yard waste site at no
cost.
d. In the event that the contractor discovers a tree they feel needs to be
removed and it was not previously marked by the City or if the City would
like to add additional trees, these trees will be reviewed on a tree by tree
basis. The contractor must notify the City Parks and Forestry Division to
obtain written approval prior to the task in order to receive payment.
C. The contractor must be available to begin working immediately upon
receipt of notice to proceed.
f No subcontractors will be allowed without prior written approval by the
City of Salina.
g. Obtain a City of Salina Tree Trimming license.
It. The contractor must follow standard safety procedures for traffic control
while working on public streets. Ili
i. The contractor must make an attempt to notify the abutting property owner
prior to removing a street tree in front of their property.
2. Compensation. The City agrees to compensate the Contractor at the rate of
$228.50 per tree removed in the North and Center areas and $164.50 per tree removed in the
South area as follows:
a. By 12:00 noon on each Monday during the term of this Agreement,
Contractor will submit a bill to a designated representative of Parks and
Forestry Division of the Parks and Recreation Department for the number
of trees removed in each area during the prior week.
b. The City will match the bill to City list of street tree removals and submit
the bill (as either confirmed or modified based upon discussions with an
authorized representative of the contractor) to the City's Finance
Department for payment. Payment will be authorized for number of street
trees removed.
C. The City's Finance Department will mail checks to the Contractor each
Friday following the submission of the bill as approved by the City's
Parks and Forestry Division for contract services. Payment to the
Contractor will be mailed to the address provided by the Contractor.
3. Equal Opportunity. In conformity with Chapter 13 of the Salina Code, the
Contractor and its subcontractors, if any, shall:
a. Observe the,provision of Chapter 13 of the Salina Code and shall not
discriminate against any person in the performance of work under this
Contract;
b. Include in all solicitations, or advertisements for employees, the
contractor shall include the phrase "equal opportunity employer," or a
similar phrase to be approved by the city's human relations director;
and
C. Not discriminate against any employee or applicant for employment in
the performance of this Contract; and
d. Include similar provisions in any subcontract under this Contract.
4. Affirmative Action. The Contractor agrees to abide by the Salina Code Sections
13-132 and 133 (unless the contractor is exempt for purposes of this contract under section 13-
134) relating to affirmative action and affirmative action plans attached and incorporated herein
as Exhibit A.
5. Qualification for Reimbursement. The City anticipates seeking reimbursement
from the United States government for the allowable portion of the City's expense resulting from
this Contact. The parties, therefore, agree that the terms required by federal regulations (44
CFR. Sec. 13.36) attached and incorporated herein as Exhibit B shall also apply to this Contract.
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6. Term. This Contract shall commence FebruaryZ ,-2008, and shall terminate
upon completion of the tree limb debris removal project, subject to termination pursuant to
paragraph 5 below.
7. Nonperformance. If either party fails to comply with any term of this Contract
within 2 business days after written notice to comply has been mailed by the non -defaulting
party to the defaulting party, such failure shall be deemed an immediate breach of this Contract.
In such case, the non -defaulting party may pursue against the defaulting party such remedies as
provided by law or in equity, including without limitation, the right to specifically enforce this
Contract. In addition, the non -defaulting party may recover its costs and reasonable attorneys'
fees incurred in any action related to such breach.
8. Termination. Either party may immediately terminate this Contract at any time
and for any reason.
9. Relationship. It is expressly understood that the Contractor in performing
services under this Contract, does so as an independent contractor. The City shall neither have
nor exercise any control or direction over the methods by which the Contractor performs its
services hereunder. The sole interest and responsibility of the City is to see that the services
covered by this Contract are performed and rendered in a competent, efficient, and satisfactory
manner. The Contractor shall be exclusively responsible for all taxes, withholding payments,
employment -based benefits, deferred compensation plans, including but not limited to its
workers compensation and social security obligations, and the filing of all necessary documents,
forms, or returns pertinent to the foregoing.
10. Contractor Responsibility for and Self -reporting of Injury to Persons or Damage to
Property. The Contractor acknowledges responsibility for any injury to person(s) or damage to
property caused by its employees or agents in the performance of its duties under this Contract
and shall immediately notify the notify the Risk Management Department, (785) 309-5705, providing
full details thereof, including an estimate of the amount of loss or liability.
11. Release of Claims by Contractor. The Contractor releases the City from any claims
for injury to its agents or employees or damage to its property arising from the work to be
performed under this Contract.
12. Indemnification. The Contractor agrees to indemnify and save harmless the City, its
officials, agents, servants, officers, directors and employees from and against all claims, expenses,
demands, judgments and causes of action for personal injury or death or damage to property where, and to
the extent that, such claims, expenses, demands judgment or causes or action arise from intentional or
negligent acts of the Contractor's agents or employees.
13. Insurance Requirements. The Contractor shall maintain the following insurance
coverages without interruption from the date of the commencement of this Contract until date of final
payment and termination of any coverage required to be maintained after final payment
Commercial General Liability Insurance
The Contractor shall provide public liability insurance coverage in an amount no less than
$500,000 covering the liability of the Contractor and any and all consultants, agents, independent
contractors, etc. which are employed or retained by the Contractor, on an occurrence basis. In
k-1
lieu of the above coverage, the Contractor may provide coverage for its own firm in the above
amount or an additional amount and submit proof all its consultants, agents and independent
contractors have insurance deemed adequate by the City of Salina.
Automobile Liability
The Contractor shall provide coverage protecting the Contractor against claims for bodily injury
and/or property damage arising out of the ownership or use of any owned, hired and/or non-
owned vehicle. Required minimum limits: $500,000 each accident, combined single limits,
bodily injury and property damage.
Worker's Compensation
Before beginning any work, the Contractor shall furnish to the City satisfactory proof that he has
taken out, for the period covered by the work under this contract, full workers' compensation
coverage as required by state law for all persons who he may employ directly, or through
subcontractors, in carrying out the work contemplated under this contract, and shall hold the City
free and harmless for all personal injuries of all persons who the contractor may employ directly
or through subcontractors.
Certificate(s) of Insurance
Certificate(s) of Insurance acceptable to the City shall be filed with the City at the time this
Contract is executed. These certificates shall contain a provision that coverage afforded under the
policies will not be cancelled or substantially changed until at least thirty (30) days prior written
notice has been given to the City and acknowledged.
Notice of Claim
The Contractor, upon receipt of notice of any claim in excess of $1,000 in connection with this
Contract shall promptly notify the Risk Management Department, (785) 309-5705, providing full
details thereof, including an estimate of the amount of loss or liability.
14. Compliance with Applicable Law. Contractor shall comply with all applicable
federal, state, and local law in the performance of its duties under this Contract.
15. Non-assi ng able. Due to the unique qualifications and circumstances of the parties,
neither the rights nor the responsibilities provided for under this Agreement shall be assignable by
either party, either in whole or in part.
16. Feminine -Masculine, Singular -Plural. Wherever used, singular shall include the
plural, plural the singular, and use of any gender shall include all genders.
17. Kansas Law Applies. This Contract and its validity, construction and performance
shall be governed by the laws of Kansas. This Contract shall be interpreted according to its fair
meaning, and not in favor of or against any party.
18. Severability. The unenforceability, invalidity, or illegality of any provision of this
Contract shall not render the other provisions unenforceable, invalid, or illegal.
19. Time, Time is of the essence of this Contract. No extension will be granted unless
in writing and signed by the parties. Should the end of a time period fall on a legal holiday, that
time period shall extend to 5:00 p.m, of the next full business day.
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20. Persons Bound -Conies. This Contract shall extend to and bind the heirs, executors,
administrators, trustees, successors and assigns of the parties hereto, and may be executed in any
number of counterparts, each of which shall be deemed an original, or in multiple originals, and all
such counterparts or originals shall for all purposes constitute one Contract.
21. Notices. All notices and demands shall be given in writing either by personal
service or by registered or certified mail, postage prepaid, and return -receipt requested. Notice shall
be considered given when received on date appearing on the return receipt, but if the receipt is not
returned within five (5) days, then forty-eight (48) hours after deposit in the mail. Notices shall be
addressed as appears below for each party, provided that if any party gives notice of a change of
name or address, notices to the giver of that notice shall thereafter be given as demanded in that
notice.
CITY: City Clerk
P.O. Box 736
Salina, KS 67402-0736
CONTRACTOR: United Disaster Response, LLC
5217 Walmer
Mission, KS 66202
22. Typewritten or Handwritten Provisions. Typewritten or handwritten provisions
inserted or attached shall supersede all conflicting printed provisions.
23. Merger Clause. These terms are intended by the parties as a complete, conclusive
and final expression of all the conditions of their Contract. No other promises, statements,
warranties, contracts or understandings, oral or written, made before or at the signing thereof, shall
be binding unless in writing and signed by all parties and attached hereto. Any amendment to this
Contract, including an oral modification supported by new consideration, must be reduced to
writing and signed by both parties before it will be effective.
Executed by the duly authorized officers of the parties as of the date first above written.
A
Lieu Ann Elsey, City Clerk, 0MC
5
CITYOF LINA, I' SAS
By:
on A. Gage, City M ager
UNITED/DISASTER RESPONSE, LLC
By: /
Z ho rson, Member
EXHIBIT A
Sec. 13-132. Affirmative action by contractors required.
(a) Any contractor entering into a contract with the city and such person's subcontractor shall take affirmative
action to insure that employees are treated equally without regard to their race, sex, religion, age, color, national
origin, ancestry or disability. Such affirmative action shall include, but not be limited to, the following:
Employment, upgrading, demotion or transfer, recruiting or recruitment, advertising, layoff or termination, rates
of pay or other forms of compensation and selection for training, including apprenticeship. The contractor and
subcontractor shall agree to post, in conspicuous places available to employees and applicants for employment,
notices to be provided by the director setting forth provisions of this article. The contractor and such person's
subcontractors shall provide all affirmative action information and necessary documents to implement the
compliance with the requirements of all federal, state and local laws and ordinances.
(b) It shall be no excuse that the employer has a collective bargaining agreement with any union providing for
exclusive referral or approval systems. The failure of the contractor or subcontractors to comply with the
requirements of this article shall be grounds for cancellation, termination, or suspension of the contract, in
whole or in part, by the board of commissioners with the contractor or subcontractors until satisfactory proof
with intent to comply will be submitted to and accepted by the board of commissioners.
(Ord. No. 92-9493, § 1, 2-3-92)
Sec. 13-133. Affirmative action plans.
Every contractor and subcontractor prior to entering into a contract with the city shall submit to the director of
human relations an acceptable written affirmative action plan which shall:
(1) Identify areas of employment, employment policies, and employment practices which require action by
the contractor or subcontractor to assure equal employment opportunity;
(2) Analyze these areas, policies and practices to determine what actions by said contractor or subcontractor
will be most effective;
(3) Establish a plan with goals and timetables designed to achieve equal employment opportunity; and
(4) Include provisions for implementation, monitoring, and periodic evaluation in order to insure that it
continues to be a valid plan.
(Ord. No. 92-9493, § 1, 2-3-92)
Sec. 13-134. Exemptions.
The provisions of this article shall not apply to:
(1) Contractors or suppliers who would not be considered as an "employer" as defined in section 13-2;
(2) Contracts and subcontracts not exceeding twenty thousand dollars ($20,000.00); and
(3) Call type or purchase order agreements which do not exceed twenty thousand dollars ($20,000.00) in total
per calendar year; provided, vendors, contractors and suppliers who will supply or expect to supply the
city with goods or services exceeding twenty thousand dollars ($20,000.00) during the subsequent
calendar year not be exempt from the requirements of this article;
provided, the above exemptions shall not conflict with applicable state or federal laws.
(Ord. No. 92-9493, § I, 2-3-92)
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EXHIBIT B
In conformity with federal regulations applicable to contracts qualifying for
reimbursement by the United States government, the parties agree and covenant, as follows:
(The requirements set forth at 44 CFR 13.36 are set forth below in italics
and are followed by the applicable contract provisions)
(1) Administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as may be
appropriate.
See paragraph 4 of Contract — "Nonperformance."
(2) Termination for cause and for convenience by the grantee or subgrantee
including the manner by with it will be effected and the basis for settlement.
See paragraph 5 of Contract — "Termination."
Written notice of termination shall be given by the terminating party to the non -
terminating party as provided in paragraph 18 — "Notices." Contractor shall be compensated for
any work performed in conformity with the Contract as of receipt of the notice of termination.
(3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity, " as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR Chapter 60).
In addition to those requirements set forth in the Contract relating to equal opportunity
and, if applicable, affirmative action, the Contract, or itself and its subcontractors, if any, agrees
to comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented
in Department of Labor regulations (41 CFR Chapter 60).
(4) Compliance with the Copeland `Anti-Kickback"Act (18 U.S.C. 874), as
supplemented in Department of Labor regulations (29 CFR Part 3).
The parties agree to comply with the Copeland "Anti -Kickback" Act.
(5) Compliance with the Davis -Bacon Act (40 US. C. 276a to 276a-7) as
supplemented by Department of Labor regulations (29 CFR Part 5). '
(Not applicable - Stafford Act funded project)
(6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 US. C. 327-330) as supplemented by Department of Labor regulations (29
CFR Part 5).
The Contractor agrees to perform all of its obligations under this Contract in compliance
with the referenced federal law.
(7) Notice of awarding agency requirements and regulations pertaining to reporting.
See reporting requirements under multiple paragraphs of Contract.
(8) Notice of awarding agency requirements and regulations pertaining to patent
rights with respect to any discovery or invention which arises or is developed in the course of or
under such contract.
(Not applicable.)
(9) Awarding agency requirements and regulations pertaining to copyrights and
rights in data.
(Not applicable.)
(10) Access by the grantee, the subgrantee, the Federal grantor agency, the
Comptroller General of the United States, or any of their duly authorized representatives to any
books, documents, papers, and records of the contractor which are directly pertinent to that
specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
The Contractor agrees to the described access to the described information.
(11) Retention of all required records for three years after grantees or subgrantees
make final payments and all other pending matters are closed.
The City and the Contractor shall retain all required records pertinent to the Contract for
three years following notification by the City to the Contractor that all pending matters relating
to the Contract and reimbursement of the City by the United States government have been
closed.
(12) Compliance with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U. S. C. 1857(h)), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40
CFR part 15).
The Contractor, if compensated in excess of $100,000 under this Contract, agrees to
perform all of its obligations under this Contract in compliance with the described standards,
orders, or requirements.
(13) Mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub.L. 94-163, 89 Stat. 871).
(Not applicable.)
AC:)RDTA CERTIFICATE OF LIABILITY INSURANCE
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POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. :
PATEIMM/POIYYYYI
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P 132C' es _W, Schlatter Inc
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PO Box 2561.3
THIS CERTIFICATE IS ISSUED AS A
ONLV AND CONFERS NO RIGHTS
HOLDER. THIS CERTIFICATE DOES
ALTER THE COVERAGE AFFORDED
MATTER OF INFORMATION
UPON THE CERTIFICATE
NOT AMEND, EXTEND OR
BY THE POLICIES BELOW,
Overland Park KS 66225-5613
LIMITS
A SII X
913-906-9511 -
INSURERS AFFORDING COVERAGE
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INSURED
United Disaster Response LLC
5217 Walmer
Mission KS 66202 ., _
,N$UPERA Burlington Insurance
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INSURER B: United Financial Casuals' Ins ranee Co
INSUREfl C: Associated Tnter-natin,a]
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ANY REQUIREMENT, TERM OR CONDITION OR ANY. CONTRACT, OR OTHER:DOLLMENT.WIH RESPECT TO WHICH THIS. CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALCTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. :
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DESCRIPRON OF OPERATIONS/ LOCATIONS I VEHICLES/EJICLUUONE AOPED BY ENDORSEMENT, HP LPNUVPIIUNS
Tree Trimming & Brush Removal Operations incl. Stump Removal/Certificate follows policy form
Zsch & Shelby. Johnson are excluded from Kansas Workers Compensation Benefits
Additional Insured and Waiver of Subrogation as it pertains to general liability and commerce
auto liability in favor of the City of Salina, Kansas % City Clerk, P.O. Box 736, Salina, Ks,
The City of Salina, Kansas
R City Clerk
P.O. Box 736
Salina, Kansas 67402-0736
25 (2001108)
,00A00d ld9Z'S0 8002 SZ qa -Xnj
SHOULD ANY OF THE ABOVE DESCRIBED TODDIES BE CANCELLED PEFUHE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3Q—;DAV$ WRITTEN
NOTICE TO THyE,,'®RTIRICATE MOLDER NAME'"D TTJO TIE LEFT, BUY PAILURE TO DOSE SHALL
IMPOSE NOU�BLFFjATION OR LIAa]�L OF_403eKIND UPON THe INSURER, fi5 AGENTS OR
W. Schlatter Inc