Mulberry Creek Debris Cleanup (2009)
II.
AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS
and
JOHNSON FARMS, INC.
regarding , "
MULBERRY CREEK DEBRIS CLEANUP
This Agreement is entered into this ~ day of January, 2009 by and between the City of
Salina, Kansas (the "City") and Johnson Farms, Inc. ("Contractor").
Recitals
A. Recent storm activity has resulted in an extraordinary accumulation of tree debris
at certain locations within the Mulberry Creek channel, resulting in blockage of water flow
within the channel and the associated public health and safety concerns.
B. The Contractor is uniquely equipped and experienced for removal of the tree
debris pursuant to this Agreement.
The parties therefore agree and covenant:
1. Scope of Services and Compensation. The Contractor agrees to perform the
scope and schedule of services (the "Project") and be compensated in such amounts as are
outlined on the attached and incorporated Exhibit A.
2. Term. This Agreement shall commence upon the date first stated above and shall
remain in effect until Contractor completes the Project, subject to termination pursuant to
paragraph 3 below.
3. Nonperformance. If either party fails to comply with any term of this Agreement
within 10 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 Agreement. 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 of the City to specifically enforce this
Agreement or to contract for substitute services for completion of the Project and recover from
Contractor any additional expense incurred by the City in completing the Project.
4. Relationship. It is expressly understood that Contractor in performing services
under this Agreement, does so as an independent contractor. The City shall neither have nor
exercise any control or direction over the methods by which Contractor performs its services
hereunder. The sole interest and responsibility of the City is to see that the services covered by
this Agreement are performed and rendered in a competent, efficient, and satisfactory manner.
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.
5. Injury to Persons or Damage to Property. 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 Agreement and shall immediately notify the City's Risk
Management Department at (785) 309-5705 in the event of such injury to person(s) or damage to
property.
6. Indemnification. 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 the negligent acts of
Contractor's employees or agents in the performance of its duties under this Agreement.
7. Insurance Requirements. The following requirements shall not be construed to limit
the liability of the Contractor or Its insurer(s). The City does not represent that the specified
coverages or limits of insurance are sufficient to protect the Contractor's interests or liabilities.
Required coverages are to be maintained without interruption from the date of the
commencement of the work until date of final payment and termination of any coverage required
to be maintained after final payment.
(a) 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. The insurer must be acceptable to the City of Salina.
(b) 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 any owned, hired and/or non-owned vehicle. Required
minimum limits: $500,000 each accident, combined single limits, bodily injury
and property damage.
(c) Worker's Compensation. Before beginning work, the Contractor shall furnish to
the City satisfactory proof that he has taken out, for the period covered by the
work under this agreement, 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 agreement, and shall hold the
City free and harmless for all personal injuries of all persons who the contractor
may employ directly or through subcontractors.
(d) Certificate(s) of Insurance. Certificate(s) of Insurance acceptable to the City shall
be filed with the City at the time the agreement between the City and the
Contractor 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. Note: if the Contractor is subject to worker's compensation law a
certificate shall be provided.
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( e) Notice of Claim. The Contractor, upon receipt of notice of any claim in excess of
$1,000 in connection with this agreement shall promptly notify the Risk
Management Department, (785) 309-5705, providing full details thereof,
including an estimate of the amount ofloss or liability.
8. 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.
9. Compliance with Applicable Law. Contractor shall comply with all applicable
federal, state, and local law in the performance of its duties under this Agreement.
10. Non-assignable. 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.
11. Time. Time is of the essence of this Agreement. No extension will be granted
unless in writing and signed by the parties.
12. 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:
Johnson Farms, Inc.
5801 E. North Street
Salina, KS 67401
13. Persons Bound-Copies. This Agreement shall extend to and bind the heirs,
executors, administrators, trustees, and successors of the parties hereto, and may be executed in any
number of counterparts, each.ofwhich shall be deemed an original, or in multiple originals, and all
such counterparts or originals shall for all purposes constitute one agreement.
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Executed by the du1y authorized officers of the parties as of the date first above written.
CITY OF SALINA, KANSAS
By: J~.&g~
JOHNSON FARMS, INC.
By:
4
Mulberry Creek Debris Cleanup Scope of Services
Contractor: Johnson Farms Inc.
Address: Kurtis W. Johnson
5801 East North Street
Salina, KS 67401
(785) 827-8392
1. Date of Services: Work to clear debris in Mulberry Creek behind the Econo Lodge is
to begin when water condition in the creek is acceptable for safe access. All work
should be completed no later than February 27,2009.
2. Scope: The contractor is to remove tree debris from within the Mulberry Creek
channel that has accumulated and is blocking water in the creek (see attached map).
The Contractor is to do the following:
. Access to site: The contractor is to clear a path to the bottom of the channel to
remover the tree debris that is blocking the creek channel.
. Work: The contractor is to pick up and remove tree debris in the bottom of the
channel and deposit it at the top of the creek bank in a location where City trucks
can load it and transport it off site for disposal.
. Cleanup I restoration: The contractor is to restore to original condition creek
bank slopes and any other soil at worksite that was disturbed during the removal
process. This would include route into site, worksite, and exit path.
3. Payment for services: 2,200.00
Log Jam Map Location
, .;
TEMPORARY ACCESS EASEMENT
THIS INDENTURE, made this 2.... day of ])8 IM/Jj-.L., 2008~ by and between
Douglas Hill~ (the "Grantor"), and the CITY OF SALINA~ KANSAS~ a municipal corporation
(the "City").
Grantor is the owner of real estate located in Section 35, Township 13S. Range,J West of
the Sixth Principal Meridian, Saline County, Kansas that is either traversed or bounded by
Mulberry Creek. Blockage resulting from recent storm events is significantly impeding the flow
of Mulberry Creek, prompting the City to determine that the public interest is best served by
clearing the blockage at City expense.
In consideration for the private benefit. resulting to the Grantor from removal of the
blockage, Grantqr does hereby grant and convey unto the City, a temporary access easement in,
through, over, and across a certain portion of land owned by the Grantor, as depicted 011 the
attached and incorporated Exhibit A (the "Temporary Easement"), for all rights of ingress and
egress of the City"its"employees,an(tcontracto~ for the pmposesof:
(a) accessing and removing the blockage with machinery and power equipment;
(b) construction of any temporary structures necessary to remove the blockage; and
(c) restoration of current grade following removal of the blockage;
for a term of nine ill) weeks commencing December.li, 2008 and ending February 27,2009.
- "' --...."t.;,,- ~":".
ccess Easement this
IN WITNESS WHEREOF, the Grantor has signed this Te
.,-2.-- day of 1:::tt~008. //
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