Ice Storm General Transport
CONTRACT BETWEEN THE CITY OF SALINA, KANSAS
and
HOLMQUIST CONSTRUCTION
regarding
ICE STORM GENERAL TRANSPORT
This Contract is entered into this ~I day of February, 2008 by and between the City of
Salina, Kansas (the "City") and Holmquist Construction ("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 transporting tree limb debris from residential areas within the City to the City
Landfill.
C. The City desires to contract for and the Contractor desires to provide equipment
and driver for the purpose of transporting tree limb debris.
The parties therefore agree and covenant:
1. Duties of Contractor. Contractor agrees to provide the following equipment
Tandem Truck Make
a. Chevy
b. None
Model
70
Engine HP
210
c.Y. Capacitv
12 yards
in well-maintained condition along with a qualified, CDL-licensed operator to drive each unit of
equipment for the purpose of transporting tree limb debris, loaded by City loading crews, from
residential areas within the Citi to the City Landfill, subject to the following conditions:
a. Location and scheduling of loading by City crews shall be determined by
the City;
b. Working hours will be from 8:00 a.m. to 5:00 p.m., Monday through
Friday, but may expand, at the discretion of the City, based upon available
daylight;
c. Contractor pays for all fuel and equipment maintenance;
d. Disruptions in loading operations may occur based upon weather
conditions or other matters affecting availability of City loading crews;
and .
e. City loading crews will have a 30 minute lunch break.
2. Compensation. The City agrees to compensate the Contractor at the rate of
$24.00 per ton of tree limb debris delivered to the City Landfill, as follows:
a. By 12:00 noon on each Monday during the term of this Contract,
Contractor will submit a bill to a designated representative of the General
Services Division of the City's Public Works Department for the number
of tons of tree limb debris hauled to the City Landfill by each unit of
equipment during the prior week.
b. The City will match the bill to City Landfill weight tickets 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 tons hauled by
the Contractor to the City Landfill.
c. The City's Finance Department will mail checks to the Contractor each
Friday following the submission of the bili as approved by the City's
General Services 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. Oualification 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.
6. Term. This Contract shall commence February ;G~008, 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
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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 Resllonsibilitv for and Self-reporting of Iniurv 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 ofloss or liability.
II. 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 hannless 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. Tn
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 Liabilitv
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 imy owned, hired and/or non-
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owned vehicle. Required minimum limits: $500,000 each accident, combined single limits,
bodily injury and property damage. " '.
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Worker's Compensation
Before beginning any work, tbe 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 hannless for all personal injuries of all persons who the contractor may employ directly
or through subcontractors.
Certificate( s) oflnsurance
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-assignable. Due to the unique qualifications and circumstances of the parties,
neither the rights nor the responsibilities provided for under this Contract 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. Severabilitv. The unenforceability, invalidity, or i1Iegality 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.
20. Persons Bound-Copies. 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
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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:
Holmquist Construction
7028 S. Halstead Road
Smolan, KS 67456
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 Agreement. No other promises, statements,
warranties, agreements 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.
CITY OF SALINA, KANSAS
By~t1~_
Jason A. Gage, City Manager
ATTEST:
Lieu Ann Elsey, City Cl , CMC
By:
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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 affinnative
action to insure that employees are treated equally without regard to their race, sex, religion, age, color, national
origin, ancestry or disability. Such affinnative action shall include, but not be limited to, the following:
Employment, upgrading, demotion or transfer, recruiting or recruitment, advertising, layoff or tennination, rates
of payor other fonns 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 affinnative action infonnation 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 artide shaH be grounds for cancellation, termination, or suspension of the contract, in
whole or in part, by the board of commissioners with tlie 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 affhmative action plan which shall:
(1) IdentiJy 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 detennine 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:
(I) 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 riot conflict with applicable state or federal laws.
(Ord. No. 92-9493, ~ 1,2-3-92)
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Exhibit "B"
In conformity with federal regulations applicable to contracts qualifying for
reimbursementby 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) Terminationfor cause andfor 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 oftermination 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 USe. 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 USe. 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 USe. 327-330) as supplemented by Department of Labor regulations (29
CFR Part 5).
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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 re5pect 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 datil.
(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 afier 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 ofthe City by the United States government have been
closed.
(12) Compliance with all applicable standard.v, orders, or requirements issued under
section 306 of the Clean Air Act (42 Us.e. 1857(h)), section 508 of the Clean Water Act (33
Us.e. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40
CFRpart 15).
The Contractor, if compensated in excess of $1 00,000 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.)
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