2009 Waste Tire Recovery
.",
~
CONTRACT FOR WASTE TIRE RECOVERY
This Contract, made and entered into this 1st day of April, 2009, and between the CITY OF
SALINA, KANSAS (lithe City") , and RESOURCE MANAGEMENT COMPANY, INC (lithe
Contractor") .
Recitals
A. The Secretary of the Kansas Department of Health and Environment encourages
the voluntary establishment of waste tire collection facilities at solid waste disposal
facilities.
B. In accordance with such direction, the City, in conjunction with the Salina Municipal
Solid Waste Landfill Facility (MSWLF) wishes to provide for the lawful collection and
removal of waste tires.
In consideration of the promises, covenants and agreements made by the parties,
the parties hereto as follows:
Terms of the Aareement
(1) Upon request by the City, when approximately 1,000 tires are stored on the
ground at.the Salina MSWLF,'the Contractor agrees to load. and, remove the
tires' during the working hours that the landfill is .open to the 'puQlic, or as
otherwise directed by the City. .
(2) Term of Agreement. This contract shall be effective from April 1, 2009 to
March 31, 2011. This contract shall terminate on March 31, 2011, unless
terminated by either party during this term, by giving a sixty-day (60-day)
written notice to the other party.
(3) Independent Contractor. T~e Contractor is an Independent Contractor in its
performance of waste car/truck/equipment tire recovery at the Salina
MSWLF. As an Independent Contractor:
(a) Shall provide all labor and equipment necessary for the waste
car/truck/equipment tire recovery.
(b) The Contractor shall not interfere at any time with operation of the
Salina MSWLF and insure a clean and smooth surface before leaving.
. ,
(4) City's Responsibility. The Cityshall provide the Contractor access to, an area
of sufficient size for.th~ location .of ,stored tires. The City shall. deposit waste
qar/truck/equipment tires delivered to the landfill on' the ground' in the
designated area. "
...
,;
(5) Commercial General Liabilitv 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 contracts, etc. which are employed or
retained by the Contractor, on an occurrence basis. The insurer must be
acceptable to the City of Salina. Upon review of each project, the Risk
Management Department may require higher or lower coverage limits.
In lieu of the above coverage, the Contractor may provide coverage for his
own firm in the above amount or an additional amount and submit proof all his
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 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 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 employee 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
employee 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 the contract 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 workers' compensation law a certificate shall be
provided.
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.
Indemnification ClauSe.
The Contractor agrees to indemnify and save harmless the City, its officials
agents, servants, officers, directors and employees from and against all
2
~
~v .
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
Contractor's negligent acts.
(6) Applicable Law. The Contractor covenants that it shall remove, store and/or
process waste tires recovered pursuant to this contract in compliance with
applicable federal and state law.
(7) Bindina EffeCt. This agreement shall be binding upon and shall insure to the
benefit of the parties hereto, their successors and assigns. Executed the day
and year first written above.
(8) The Contractor desires to engage in waste'car/truck/equipment tire recovery
at the ,Salina MSWLF and expressly agrees ,a's follows:
. The City shall, as billed, pay to the Contractor the sum of ~O.74 per
passenger car/light truck tire (up to 16.00) removed by the Contractor.
. The City shall, as billed, pay to the Contractor the sum of
truck tire (up to 11-24.5) removed by the Contractor.
$2.75 per
. The City shall, as billed, pay to the Contractor the sum of ~9.00 per
truck/equipment tire (up to 18.4) removed by the Contractor.
. The City shall, as billed, pay to the Contractor the sum of ~30.00 per
heavy equipment tire (18.4 to 20.0) removed by theContractor.
. The City shall, as billed, pay to the Contractor the sum of J60.00 per
heavy equipment (23.5 to 30.5) removed by the Contractor.
City of Salina, Kansas
J~e~
CONTRACTOR:
f/
ekavec, President
Reso e Management Company, Inc.
25656 160 Road
Brownell, KS 67521
3