2011 Waste Tire Recovery
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CONTRACT FOR WASTE TIRE RECOVERY
This Contract, made and entered into this 22nd day of March 2011, by CITY OF SALINA,
KANSAS (the "City", and Resource Management Co. Inc. ("the Contractor").
Recitals
A. The Secretary of the Kansas Departm(3nt 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 wishes to establish a waste tire collection center
in conjunction with the Salina Municipal Solid Waste Landfill Facility (MSWLF) and 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 Aareement
(1) Scope of Contract: On a monthly schedule or upon request by the City, the
Contractor agrees to load and remove the tires during the working hours that the
landfill is open to the public, or as otherwise directed by the City.
(2) Contract Timeframe. This contract shall be effective from April 1, 2011 to March
31, 2013. This contract shall terminate on March 31, 2013, unless terminated by
either party during this term, by giving a sixty-day (50-day) written notice to the other
party:
(3) City's Responsibility. The City shall provide the Contractor access to an area of
sufficient size for the location of stored tires. The City shall deposit waste
car/truck/equipment tires delivered to the landfill on the ground in the designated
area:
(4) Independent Contractor. It is expressly understood that the Contractor in
performing services under this Agreement, does so as 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 carl,
truck/equipment tire recovery.
(b) Shall not interfere at any time with operation of the. Salina MSWLF and
insure a clean and smooth surface before leaving.
(5) 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 Specialist may require higher or lower coverage limits.
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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.
(6) 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.
(7) 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 employ directly, or thiOugh 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.
(8) 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 worker's compensation law a certificate shall be provided.
(9) 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.
(10) Indemnification Clause:
The Contractor agrees to indemnify and save harmless the City, its officials, agents,
servants;- officers, directors arid' employees from and against alr"claims,expenses,
demand~, 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.
(11) 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.
(12) Binding 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.
(13) Equal Opportunity: In conformity with Chapter 13 of the Salina Code, the
Contractor shall:
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(14)
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(15)
(16)
(17)
(18)
(19)
(10)
(13)
(a)
Observe the provIsion o~ 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;
Not discriminate against any employee or applicant for employment in the
performance. of this Contr~ct; and
Include similar provisions ih any subcontract under this Contract.
(c)
(d)
Affirmative Action: The Contra~tor 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.
Compliance with Applicable L~w: Contractor shall comply with all applicable
federal, state, and local law in the performance of its duties under this Agreement.
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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.
Feminine-Masculine. Sinaular-Plural: Wherever used, singular shall include the
. plural, plural the singular, and use of any gender shall include all genders.
Kansas Law Applies: This Agre~ment and its validity, construction and performance
shall be governed by the laws Of Kansas. This Agreement shall be interpreted
according to its fair meaning, and not in favor of or against any party.
Severabilitv: The unenforceability, invalidity, or illegality of any provision of this
Contract shall not render the other provisions unenforceable, invalid, or illegal.
Notices. All notices a~d 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 ofthat notice shall thereafter be given as demanded in that notice.
Price Units: The Contractor de~jres to engage in waste car/truck/equipment tire
recovery at the Salina MSWLF and expressly agrees as follows:
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. The. City shall, as billed, pay ~o the Contractor the sum of $0.95 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 $4.00 per truck tire (up
to 11-24.5) remov,ed by the Cqntractor.
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. The City shall, as billed, pay to the Contractor the sum of $8.00 per
truck/equipment tire (up to 18.4) removed by the Contractor.
. T.he City shall, as billed, pay to the Contractor the sum of $15.00 per heavy
equipment tire (18.4 to 20.0) removed by the Contractor.
. The City shall, as billed, pay to the Contractor the sum of $60.00 per heavy
equipment tire (23.5 to 30.5) removed by the Contractor.
CITY:
City of Salina
City Clerk's Office
PO Box 736
Salina, KS 67402-0736
CONTRACTOR:
Resource; Mc;u:Jagement Co,. Inc.
25656 160 Rd.
Brownell, Ks 67521-2528
(17) Typewritten or Handwritten Provisions. Typewritten or handwritten provisions
inserted or attached shall supersede all conflicting printed provisions.
(18) 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:
ATTEST:
~~ce- fh1~~t ~ dhC
CONTRACTOR
By l1(j/tt~ ,ibtl..tnC-
'~ 4 ,;)on
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Exhibit A
Sec. 13-132. Affirmative action bv 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 payor 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 implem$nt 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
P.. 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, S 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 writt~n 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 empl9yment opportunity;
(2) Analyze these areas, policies and practices to ddiermine what actions by said contractor or subcontractor will
be most effective; .
(3)
(4)
Establish a plan with goals and timetables designed to achieve equal employment opportunity; and
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Include provisions for implementation, monitbring, and periodic evaluation in order to insure that it
continues to be a valid plan.
(Ord. No. 92-9493, S 1, 2-3-92)
Sec. 13-134. Exemptions.
The provisions of this,~rtjgle shall not apply to:
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(1) Contractors or suppliers who would not be considered as an "employer" as defmed 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 ~o 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 thous~nd 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, S 1, 2-3-92)
115
-----, CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YY)
ACC>RD@
~ 03/25/11
PRODUCER Raymond Bauer Agency, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PO Box 85 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Burdett, KS 67523 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Phone (620)525-6263 Fax (866)392-2673 INSURERS AFFORDING COVERAGE NAlC#
INSURED Resource Management Co Inc INSURER A: Rockhill Insurance Company
INSURER B: Allied/Nationwide Insurance Company 23787
C/o Twylia Sekavec INSURER C:
25656 160 Road INSURER D:
I Brownell, KS 67521-9739 INSURER E:
COVERAGES INSURER F:
THE POLICIES OF INSURANCE LISTED 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD'L TYPE OF INSURANCE POLICY NUMBER PJ>A~~~:~~~~E POLICY EXPIRATION LIMITS
LTR INSRD DATE (MM/DDIYYl
GENERAL LIABILITY EACH OCCURRENCE 1,000,000
~ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED N/A
RPKGE003231-01 07/14/10 07/14/11 PREMISES lEa occurence\
~ ~ CLAIMS MADE D OCCUR MED EXP (Anyone person) 5,000
A D ~ See Attached Cert- Ins PERSONAL & ADV INJURY 1,000,000
D GENERAL AGGREGATE 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG 2,000,000
~ POLICY D PROJECT D LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000
~ ANY AUTO ACP7251912047 07/26/10 07/26/11 (Ea accident)
D ALL OWNED AUTOS BODILY INJURY
B D D SCHEDULED AUTOS (Per person)
~ HIRED AUTOS BODILY INJURY
~ NON OWNED AUTOS (Per accident)
~ FORM F PROPERTY DAMAGE
~ MCS90 (Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT
D D ANY AUTO OTHER THAN EA ACC
D AUTO ONLY: AGG
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE
D OCCUR D CLAIMS MADE AGGREGATE
D
D DEDUCTIBLE
D RETENTION $
WORKERS COMPENSATION AND See Note Below D WCSTATU- o OTH-
EMPLOYERS' LIABILITY TORY LIMITS ER
ANY PROPRIETOR / PARTNER / EXECUTIVE E.L. EACH ACCIDENT
OFFICER / MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
General Liability Coverage for Waste Tire Pick Up.
Insured has Work Comp Coverage, but not through this agency.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
Public Works - City of Salina 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
PO Box 736 THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
Salina, KS 67402-0736 OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE ....... ----- ~
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ACORD 25 (2001/08) QF
@ ACORD CORPORATION 1988
Ok..
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..03/28/2011 02'25'09 PM
PINNACOL ASSURANCE
PAGE 2
OF 3
ACORDT" CERTIFICA TE OF LIABILITY INSURANCE I DATE (MM/DDlf'fYY
03/28/2011
PRODUCER
PINNACOL ASSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
7501 E Lowry Blvd AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
Denver. CO 80230-7006 CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC#
INS URED INSURER A: PINNACOL ASSURANCE 41190
RESOURCE MANAGEMENT COMPANY, INC. INSURER 8
16498 COUNTY ROAD 34
JULESBURG, CO 80737 INSURER C'
INSURER 0:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDNG
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMMENT WITH RESPECT TOWHICH 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.
INSR AOD'L POLICY EFFECTIVE POLICY EXPIRATION
LTR INSRD TYPE OF INSURANCE POLICY NUMBER DA TEIMMIODfYYYY) DATE!MMlDDfYYYYj LIMITS
GENERAL LIABILITY EACH OCCURRENCE
jOMMERCIAL GENERAL LIABILITY DAM.A.GE: TO RENTED
CLAIMS MADE D OCCUR PREMISES
MED EXP(Anv one person)
I- PERS ONAL & ADV INJJRY
GENLAGGREGATE LIMIT APPLlERS PER: GENERAL AGGREGA TE
1 POLICY - n PROJECT n LOC PRODUCTS - COMP/O? AGG
AUTOM:)BILE LIABILITY COMBINED SINGLE LIMIT
MN AUTO lEa Accident'
ALL OWNED ,.o.UTOS BOOILYINJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILYINJURY
NON-OWNED AUTOS (per accidentl
PROPERTY DAMAGE
(per aCCident)
~ GARAGE LIABILITY AUTO ONLY - EA ACCIDEI\IT
ANY AUTO OTHER THAN EAACC
AUTO ONLY: AGr:
JEXCESSIUM3RELLA LIABILITY EACH OCCURRENCE
OCCUR D CLAIMS MADE AGGREGATE
R DEDUCTIBLE
RETENTION $
WORKERS COrvPENSATIONAND [~rWCSTATU- U OTHER
A EMPLOYER'S LIABILITY TORY UM\TS
ANY PROPRIETOR/PARTNERlEXECUT1VE 4079710 07/01/2010 07/01/2011
E.L EACH ACCI DENT $100,000
OFFICER/MEMBER EXCLUDED?
E.LDISEASE - EAEMPLOYEE $100.000
If yes, please describe under SPECIAL PROVISIONS below <500000
E.LDISEASE - POUCYUMIT
OTHER
DESCRIPllON OF OPERAllONS/LOCAllONSIVEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
tire disposaVrecycling
CERTIFICATE HOLDER CANCELLATION
1299852 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Attn: Cathy THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR T
City of Salina Public Works MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TH
PO Box 736 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
Salina KS 67402-0736 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Jackie Ste Marie
ACORD 25(2001/08) Underwriter ACORD CORPORATION 1988
DC
nr:~
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,.03/28/2011 02:25:09 PM
PINNACOL ASSURANCE
PAGE 3 OF 3
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CERTIFICATE HOLDER COPY
Attn: Cathy
City of Salina Public Works
PO Box 736
Salina KS 67402-0736
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A
statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s),
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain
policies may require an endorsement A statement on this certificate does not confer rights
to the certificate holder in lieu of such endorsement(s),
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract
between the issuing insurer(s), authorized representative or producer, and the certificate
holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded
by the policies listed thereon,