Landfill Fence Installation
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2010
CONTRACT FOR CHAIN-LINK FENCE INSTALLATION
This Contract, made and entered into the 16th day of December, 2010, by CITY OF SALINA, KANSAS
(the "City"), and Eastside Vinyl, Topeka Indiana (the "Contractor").
In consideration of the promises, covenants, and agreements made by the parties, the parties hereto
agree as follows:
(1) CHAIN-LINK FENCE INSTALLATION. The contractor desires to engage in Chain-link Fence
installation at the Salina Municipal Solid Waste Landfill Facility (the "Landfill") and expressly
agrees as follows:
(a) The City shall pay the Contractor $21,011.02 upon completion, for the labor, materials,
and equipment necessary for furnishing and installing 2000' of 10' tall chain-link fence
and accessories
(b) Specifications:
. Fabric-10', 9 gauge, 2 inch mesh
. Line Post-2.5"0.D.
. Terminal Posts - 3" 0.0.
. Rails -1 5/8" 0.0.
. Tension Wire - 7 gauge. crimped top and bottom
. Concrete - minimum compressive strength of 3000 PSI at 28 days
(c) The, Contractor shall not interfere at any time with normal operation of the Landfill.
(2) Proiect Time Frame. Project shall have a completion date of Dee 31,2010
(3) Citv's Responsibilitv. The City shall provide the Contractor access to the area where the
fence is to be installed.
(4) Contractor's Responsibilitv. The Contractor covenants that it shall acquire all permits
applicable for the work.
(5) Independent Contractor. 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.
(6) Contractor's Insurance. 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
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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. 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.
(b) 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 yehicle. 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 fumish 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.
(d) Certificatels1 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 worker's compensation law a certificate shall be provided.
(e) 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.
(f) Indemnification Clause. 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, judgements and causes of action for personal injury or
death or damage to property where, and to the extent that, such claims, expenses,
demands judgement or causes or action arise from the Contractor's negligent acts.
7. Equal Opportunity. In conformity with Chapter 13 of the Salina Code, the Contractor 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;
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(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.
8. Affirmative Action. The Contractor agrees to abide by the Salina Code Sections 13-132 and
133 relating to affirmative action and affirmative action plans, attached and incorporated herein as Exhibit A.
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-assianable. 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. Feminine-Masculine. Sinaular-Plural. Wherever used, singular shall include the plural, plural the
singular, and use of any gender shall include all genders.
12. Kansas Law Applies. This Agreement and its validity, construction and performance shall be
govemed by the laws of Kansas. This Agreement shall be interpreted according to its fair meaning, and not in
favor of or against any party.
13. Severabilitv. The unenforceability, invalidity, or illegality of any provision of this Contract shall not
render the other provisions unenforceable, invalid, or illegal.
14. Time. Time is of the essence of this Agreement. 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.
15. 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 of which shall be deemed an original, or in multiple originals, and all such counterparts or
originals shall for all purposes constitute one agreement.
16. Notices. All notices and demands shall be given in writing either by personal service or by
registered or certified mail, postage prepaid, and retum-receipt requested. Notice shall be considered given when
received on date appearing on the return receipt, but if the receipt is not retumed 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 Cieri<.
P.O. Box 736
Salina, KS 67402-0736
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17. TVDewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted or attached
shall supersede all conflicting printed provisions.
18. Meraer 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
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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:
ATTEST:
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Approved by City Commission on 11/8/10
Lieu Ann Elsey, C, City Clerk
tmt.-
CONTRACTOR
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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 affirmative action to insure that
employees are treated equally without regard to their race, sex, religion, age, color, natioual origin, ancestry or disability. Such
affirmative action shall include, but uot be limited to, the following: Employmeut, upgrading, demotiou or transfer, recruiting or
recruitment, advertising, layoff or termination, rates of payor other forms of compensation and selectiou for training, including
apprenticeship. The contractor and subcoutractor shall agree to post, in conspicuous places available to employees and applicants
for employment, uotices 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 loca1laws 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, 61, 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:
(I) 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 guals 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, 61,2-3-92)
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 not conflict with applicable state or federal laws.
(Ord. No. 92-9493, I1, 2-3-92)
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FEDERATED MUTUAL INSURANCE COMPANY
Home Office: P.O. Box 328
Owatonna, MN 55060
Phone: 1-888-333-4949
DATE (MMIDDlvYl
11/17/10
THIS CERTIFICATE IS ISSUED AS A MATTER DF INFORMATION
ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELDW.
COMPANIES AFFORDING COVERAGE
COMPANY FEDERATED MUTUAL INSURANCE COMPANY OR
A FEOERATED SERVICE INSURANCE COMPANY
PRODUCER
INSURED
288-343-7
COMPANY
B
EASTSIDE VINYL
GALEN W MILLER DBA
PO BOX 641
TOPEKA IN 46571
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMIDD/YYI DATE (MMIDD/YY)
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE [2[] OCCUR
OWNER'S & CONTRACTOR'S PROT
9395867
03/01/10
03/01/11
GENERAL AGGREGATE $ 2,000,000
PRODUCTS. COMP/OP AGG $ 2,000,000
PERSONAL & ADV INJURY $ 1 000 000
EACH OCCURRENCE $ 1 000,000
FIRE D~AGE IAny one ~irel 100,OQQ...__
MED EXI' (Anyone perSOrll
AUTOMOBilE lIABtllTY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
A
9395867
03/01/10
03/01/11
BODIl_Y INJUIW
lPer pef~uni
$ 1,000,000
r
----I~-
$
COMBINEI) SINGl.E I.IMIT
X
X
F-
HIRED AUTOS
NON.OWNED AUTOS
SODIL Y INJUIW
(peraccidenl!
PROPERTY DAMAGf:
GARAGE LIABILITY
ANY AUTO
AUTO ONLY. EA ACCIDENT
OTHER THAN AUTO ONLY'
EACH ACCIDENT $
--.-----------y--------------
AGGREGATE I $
EXCESS LIABILITY
A X UMBRELLA FORM
OTHER THAN UMBRELLA FORM
9395868
03/01/10
03/01/11
EACH OCCURRf:NCE
AGGREGATE
, 1 ,000,000
'.-1,000,000___
THE PROpRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE:
OTHER
F~
INCL
$
.,/bjj?UJN.s.1 iOTH.
El_ EACH M;CiDENT n. - -J~-B.-T~~--
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EL DIStASI: - loA EMPLOYEE $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
EXCL
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS
LANDFILL FENCE INSULATION
CITY OF SALINA
PO BOX 736
SALI NA KS 67402-0736
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SH'OULD ANY OF THE AS'OVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED
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