7.3 Award Contract for Nuisance Abatement ServicesCITY OF SALINA
REQUEST UEST FOF CITY COMMISSION ACTION DATE TIME
031141201 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: T: FISCAL APPROVAL:
No: 7 DEPARTMENT
BY.
Development Services
ITEM Neighborhood Services FINAL APPROVAL:
N: 3
Pagel BY: Gary Hobbie r4BY:
ITEM:- --- V
Award of contract for the abatement (removal) of nuisances, related to property maintenance, for
properties in the city of Salina, for a period of April 1, 2016 through March 31, 2017.
BACKGROUND:
The City's property maintenance code enforcement officers make reasonable efforts to work with property
owners and tenants to voluntarily bring properties into compliance relative to nuisance code issues.
Unfortunately not all violation notices result in voluntary compliance and therefore it becomes necessary
(protect the public interest) to remove various types of nuisances from private properties through our
regulatory process. In these cases the City orders corrective abatement work to be completed at the
property owner's expense through contract with a contractor who is capable of completing such work.
When the contractor is notified of abatement of items, they respond within the required time as stated in
the contract and complete the abatement of violations as ordered. The contractor submits a completed
work order and an invoice to the City at the agreed upon contracted rate. The contractor also submits
pictures to document their abatement activity.
Summary of 2015 code Enforcement Activity
# of Complaints (citizen initiated and staff initiated) 27544
## of Inspections, re -inspections & other follow-up 69281
tasks
## of Notices of Violation -seat to property owners 29040
## of Abatements ordered by City and performed by 176
the abatement contractor and cost of abatements
The majority of abatements were mowing (tall grass $70,625
violations) and clean-up/disposal (trash/debris violations)
The rate at which abatement work orders are issued varies from week e to geek and month to month
depending on Breather conditions and time of year, but vire anticipate between 2-30 work orders to b
issued each week during the peak months.
The contractors have given us bids on removal rates for the overgrowth of vegetation or trash; labor to
secure appliances, fences, and buildings; tree and limb removal, debris removal, and snow and ice
removal for the one year period beginning April 1, 2016 through (larch 31, 2017. Each contractor is
allowed to charge for landfill fees for each trip to the landfill and asked to corningle properties abatement
items if at all possible. The contractor indicated equipment owned which will be used to abate these
nuisances and is required to include the use of this equipment in the cost per person hour included in the
bidding document. Specialized equipment used for tree removal, heavy truck and backhoe rental is
allowed to be charted at a special rate for heavv debris abatement.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
03/14/2016 4:00 P.M.
AGENDA SECTION
ORIGINATING DEPARTMENT:
FISCAL APPROVAL:
NO:
DEPARTMENT
BY:
Development Services
Neighborhood Services -
ITEM
FINAL APPROVAL.
N:
Page 2
BY: Gary Hobbie
B:
The bid invitations included a public notice period and a written invitation to contractors to submit sealed
proposals according to the written instructions, qualification of bidders, and each proposal included a
copy of the contract for services being used to award contracts to contractors working for the city of
Salina. The bids included the appropriate bid form and a request for the companies' insurance
documents. The bids were opened by the City Clerk on Tuesday, March 8, 2016. The following bids
were received and opened by the City Clerk:
City of Salina - Development services/Neig h bor hood Services
2016 Bid Tabulations for Nuisance Abatements
onion Moss Treescapas & Team
Construction, Inc. Nursery Handyman Loup Home Repair Jim` Rmoetin
ITEMS: Per worker-
hour
Grass weeds
$22.25
$21.50
$25.00
$21.50
$25.00
Secure
liance/bldg
$22.25
$21.50
$25.00
$21.50
$25.00
Tree/ Limb
$22.25
$21.50
$25.00
$21.50
NA
Debris abatement
$22.25
$1.0.
$25.00
$21.50
$2.og
Snow/ Ice
Removal
$22.25
$21.50
NA
$21.50
1A
Dump Run
$50.00
$50.00
NA
$50.00
$76.00
Additional charges-
Snow blade on truck,
Bobcat, heavy truck,
Heaver Truck
Tractor w/bush hog,
Tractor $50 per hr,
listed
front loader,
bush hog w tractor, limb
$40 per hr
front end loader, or
mower $25 per hr,
skidloader, or tractor
brush chipper, bucket
snow blade $75.00
trailer $25 per hr
$75.00 per hour
w/chipper truck, dump
per hour
trailer, tractor, & snow
plow $ o per hr
EQUIPMENT OWNED
Mowers
x
x
x
x
x
Brush mower
x
x
x
x
x
Pull trailer
x
x
x
x
x
Flea Truck
x
x
x
x
hairy saw
x
x
x
x
x
IIlisc. Hand Tools
x
x
x
x
x
Tractor
x
x
x
x
Tree Equip.
x
x
x
L.. Shovel/rake
x
x
x
x
x
Front loader
x
x
x
x
Snow blade
x
x
x
Paint Sprayer
x
x
x
x
x
REQUIRED
I sURAN E
YES
YES
YES
CITY OF SALINA
REQUEST UEST FOF CITY COMMISSION ACTION DATE /'TIME
031141201 4.00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT- FISCAL APPROVAL:
• DEPARTMENT T EY:
Development services
ITEM Neighborhood Services FINAL APPROVAL:
N:
Page 3 BY: Gary Hobble BY:
Moss Treescapes and Nursery and Loux Hone Repair were low bidders and both bid the same per
worker -hour rates for all categories except the Additional Charges category; Moss Treescapes was $5.00
per hour fess than Loux Home Repair in that category. In the pest seven years (2009-2015), Loux Horne
Repair was awarded the contract five times; Moss Treescapes and Nursery was awarded a contract in
2013 as was Ponton Construction, Inc. and abatement services were provided by both of those
contractors during that contract year.
FISCAL NOTE:
Funds are budgeted each year in the Development Services budget for the removal of nuisances. The
amount available in the 2016 budget i $60,000. After abatement is completed, costs incurred as billed
by the contractor to the City) plus an administrative fee of $121.00 will be billed to the property owner,
and if not paid, this value will ultimately be certified as a tax lien against the property. Given the projected
completion date of the abatements throughout the year, these assessments will be brought to the
commission at least to times per year.
COMFORMANCE WITH STRATEGIC PLAN:
The City Commission will have committed to providing the highest quality of city services within available
resources. The city Commission recognizes their role and responsibility to provide the needed policy
direction and resources to its administration. At the same time, the city's administrative personnel are
committed daily to transforming this direction and resources into the highest possible quality of municipal
services., consistent with the expectations of both the City Commission and the citizens of Salina.
COMMISSION ACTION:
Staff has identified the following alternatives for the City Commission.
1. Award the nuisance abatement contract to Moss Treescapes and Nursery for the amounts
indicated in the bid tabulation summary and contract documents for the period of April 1, 201
through (larch 31, 2017, and direct staff to execute the contract for services.
2. Award the nuisance abatement contract to Loux Horne Repair for the amounts indicated in the
bid tabulation summary and contract documents for the period of April 1, 2016 through March
311 2017, and direct staff to execute the contract for services.
3. Award the nuisance abatement contract to Loux Horne Repair and Moss Treescapes and
Nursery for the amounts indicated in the bid tabulation summary and contract documents for the
period of April 1, 2016 through March 31, 2017, and direct staff to execute the contracts for
services.
4. Decline to award the bid at this time and direct staff to republish bids at a later date.
Enclosures: Contract for Services for Nuisance Abatements
AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS
and
Moss Treeseapes and Nursery
for
Nuisance Abatement Services
This Agreement is entered into March 14, 2016 by and between the City of Salina, Kansas, (the "City") and Moss
Treescapes and Nursery/Bob Moss, s, Owner (the "Contractor").
Recitals
A. The City desires to contract for nuisance abatement services for the purpose of removing weeds and vegetation
overgrowth, appliances, trees or tree limbs, debris and trash, and snow and ice; and securing of buildings and fences, aM in
compliance with local regulations.
B. The Contractor has the requisite qualifications and experience to perfornn the services needed by the City and desires
to perform those services pursuant to the terms of this Agreement.
The parties, in consideration of the mutualpromises set forth in this Agreemept, agree and covenant.
1. Def itlons. Capitalized words used in this Agreement shall have the -following meanings:
"Agreement" means this Agreement for Nuisance Abatement Servicers, -as amended and supplemented from time to
time.
"City's means the City of Salina, Kansas.
"Contractor" means Moss Tre sc pes and Nursery (Bob Moss, Owner) and its successors.
. Exhibits. The fallowing Exhibits are attached to and made a part of this Agreement (Marls with "X" if applicable):
Ehili`t : Responsibilities of the Parties
Exhibit :Terror; Schedule
Exhibi C; Basis of Payment
Exhibit -* Insurance requirements
3. Responsibilities of the Parties. The parties agree to perforin the responsibilities outlined in the attached and
incorporated Exhibit A.
. Term; Schedule. The Contractor agrees to per onn its responsibilities during the term and according to the
timeframe and schedule described in Exhibit B, subject to the potential for prior termination pursuant to the terms of this
Agreement.
Payment. The City shall pay the Contractor for the performance of its responsibilities pursuant to this Agreement
s set forth in Exhibit C.
. Insurance leauirements.
.1. TvDes and Amount of Covera e. The Contractor agrees to obtain insurance coverage as specified in Exhibit
I, attached hereto, and shall not make any material modification or charge from these specifications without the prior
approval of the City. if the Contractor subcontracts any of its obligations under this Agreement, the Contractor shall require
each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure of the Contractor or its
Contractor Services (2013.01-23)
subcontractors to 6omply with these requirements shall not be construed as a waiver of these requirements or provisions and
shall not relieve the Contractor of liability.
.2. , All insurance policies shall be issued by insuraunce compames rated no less than - VU in the most
recent "Bests" insurance guide, and licensed in the Mate of Kansas. Except as otherwise specified in Exhibit D, all such
policies shad be in such form and contain such provisions as are generally considered standard for the type of insurance
involved.
. Certificate of Insurance. Following the execution of this Agreement and prior to the commencement of any
work hereunder, the Contractor shall provide the City with a certificate of insurance listing the City as the Certificate Folder
and evidencing compliance with the insurance requirements in this Agreement The . City reserves the right to require
complete certified copies of all insurance policies procured by the Contractor pursuant to this Agreement, including any and
all endorsements affecting the coverage required hereunder.
7. In! ury 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 Agreement and shall
immediately notify the City's Risk Management Department at ( 785) 309-5705 in the event of such injury to persons or
damage to property.
g. Indemnification. To the fullest extent priftd by law, the Contractor Aall defend, indemnify and hold harmless
the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and
expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, oath, or
injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims,
damages, losses, and expenses relate to, arise out of, or are alleged to have re idt d from the wrongful acts, errors, mistakes,
omissions, or defective work or services of the Contractor, its employees, agents, or any tier of subcontractors in the
performance of this Agreement.
t
. Voluntary Termination. Either party may terminate this Agreement, with or without cause, upon 10 days advance
written notice to the other party. In the event of such termination, the Contractor shall be compensated for such services a
have been satisfactorily performed through the slate of termination, but no compensation shall be earned after the effective date
of the termination. within five days of any such termination, all finished or ad documents, data, studies, surveys,
drawings, maps, models, photographs, reports or other material prepared by the Contractor pursuant to this Agreement shall be
delivered to the City. Notwithstanding the move, the Contractor shall not be relieved of any liability W the City for damages
sustained by the City by virtue of -any breach of this Agent by the Contractor, and the City may withhold any payments to the
Contractor for the purposes of set-off until such time as the eft amount of damages due the City from the Contractor may be
determined.
10. Default. 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 "Event of Default').
11. Remedies, Upon the occurrence of an Event of Default, the non -defaulting parity shall have the following rights and
remedies, in addition to any other rights and remedies provided under this Agreement or by law:
11.1 'Termination. The non -defaulting party shall have the right to t nninate this Agreement or terminate the
defaulting party's rights under this Agreement.
11.2 Other Remedies. The noir-defaulting party may pursue any available remedy at law or in equity (including
specific performance) by suit, action, mandamus or other proceeding to enforce and compel the performance of the duties and
obligations set forth in this Agreement, to enforce or preserve any other rights or interests of the non -defaulting party under
this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non -defaulting party
resulting from such Event of Default.
12. lion- .sd mable. Due to the unique qualifications and capabilities of the Contractor, neither the rights nor
responsibilities provided for under this Agreement shall be assignable by either party, either m whole or in part.
• to be given pursuant to this Agreement shall be in writing and delivered
1. 1� All notices required or permitted � � prepai
1 The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina
Code and in doing so shall not discriminate against any person in the performance of work under this Contract
because of race, sex, religion, age, color, national origin, ancestry or disability;
2 The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity
employer," or a similar phrase to be approved by the City's human relations director;
3 If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights
commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the Contractor shall b
deemed to have breached this Agreement and it may be canceled, terminated or suspended, in whole or in part, by
the City;
If the Contractor is foundguilty of a violation of Chapter 13 of the Salina Code or the Kansas act against
��n
discrin tion under a decision or order of the Salina human relations commission or the Kansas human rights
commission which has become final, the Contractor shall be deemed to have breached this Agreement and it may
be canceled, tmminated or suspended, in whole or in part, by the City;
The Contractor shall not discriminate against any employee or applicant for employment .in the performance of
this Contract because of race, sex, religion, age, color,- ha#i n. l origin, ancestry or disability; and
The Contractor shall include similar provisions in any subcontract under this Agreement.
'b The provisions of this section shall not apply to this Agreement if the Contractor:
1 Employs fewer than four employees during the term of this Agreement; or
2 Contracts with the City for cumulatively $,coo or less during the City's calendar fiscal year.
20. Administration of Agreement All references in this Agreement requHing the City's partici ation or approval shall
mean the participation or approval of the City Manager, unless otherwise provided Dein.
21. Attornev Fees. If any suit or action is instituted by either party hereunder, including all appeals the pruvailing party in
such suit or action shall be entitled to recover -reasonable attorney fees and expenses from the non -prevailing party, in addition to
any other amounts to which it m entitled:...
22; Right to Independent lAgg Advice, The Contractor understmds and acknowledges the right to have this Agreement
reviewed by legal counsel of the ' choice.
23. A licable Law: venue. This Agreement and its validity, construction and performance shall be governed by the laws
of Kansas. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be in the
Saline County, Kansas District Court.
24. Interuretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any
party.
25. 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 thdt termination time sly extend to :oo p.m. of the next full
business shay.
2. Severabili The unenforceability, invalidity, or illegality of any provision of this Agreement shall not ruder the other
provisions unenforceable, invalid, or illegal.
27. AuthoE111 and Consent to Transaction. Each party represents to the other that the person executing this Agreement
has full and legal authority to bind such party to the terns of this Agreement, and that the execution and delivezy of this
Agreement have been duly and validly authorized by the governing body of each party.
4
fig. Persons Bound. This ' Agreement shall extend to and bind the heirs, executors, administrators, trustees, successors aril
authored assigns of the pales hereto.
. Counter a ts. This re
event ma be executed in any nuunber of counterparts, each of which shall be deemed an
. multiple originals, and all such countegmTt`s or originals shall for all purposes constitute one agreement.
nom, or �n p
ts. Neidw this Agreement nor any of its terms may b changed or modified, waived, or except
. Amendments. �
by an in tru m nt in writing signed by an a representative of the ply amt whom the enforcement of the change,
waiver, or termination is sought.
31. Waiver.�
No ure or dela b a hereto to insist on the strict performance of any term of this Agreement, or to
acus breach �
' remedy consequent to a breach thereof shall constitute a waiver of any breach r an subsea
ex1`cls any right but each and every
h term.. leo waiver of any breach h shall affect or alter the terms of this t,
such r subsequent breach thereof~.
term of this erra nt shall continue in full farce and effect with respect to any other d n e ti
• ft r tati n of this Agreement shallb allowed too find the City has agreed to binding
. Confit Resolution. No ter
arbitration.
• 'es. Solei the parties to this Agreement shall have rights and may � claims under this
. lu Third Pa nfic�ari p
Agreement. There are no intended third party beneficiaries under this Agreement and no third partes shall have any rights or
make any claims hcreunder.
• Typewritten or handwritten visions km ed or attached shall supersede
. 'I�evyrit�en o� dwttn Protons. 'Ip .
all confficting printed provi
EXMIT
1 ESPONSIBILffl]ES of T PARTIES
From time to time during the term of this Agreement, and as designated and instructed by
the City pursuant to a mitten work order, the Contractor shall provide all equiprnent, labor, and
materials to perform the following nuisance abatement services on residential and connnercial
properties within the City of Salina:
A. Abatement of Grass and Weeds. The Contractor shall be responsible, as directed
by the City, for removal of nuisance vegetation from properties, which may include: (1) cutting of
Meavy and overgrown grass and weeds that exceed eight inches (8") in Height, incl.including all sucker
growth;(2)of overgrowth on sidewalks and curbing, which roust be trimmed to the
concrete edge; and 3 disposal of weeds and overgrowth on departure. The Contractor's
� p ., grass and
weed abatement services shall comply with the following requirements, unless otherwise specified
by the City:
i. prior to abatement, the Contractor shall remove all cans, bottles, Aper products,
and other debris from the property, and. dispose of the items in th6 appropriate
area, such as the landfill or the hazardous waste facility.
ii. Cut vegetation to a height not to exceed " from the ground.
Cut vegetation up to the street, alley, or property lines, including ditches, aIle
s
or easements (includes all, improved or unimproved areas within the property
lines).
i. Trim around trees, shrubbery, utility poles, sidewalks and driveways, fence lines,
foundations, walkways, and lawn ornaments without Hann to item:
V. remove clippings from - sidewalks, driveways, street and alleyways upon
departure to the Municipal Solid Waste Landfill or mulch the material into the
existing grass area and remove all windrowed grass clippings.
vi. Mow excessive clippings multiple times to keep windrows from fanning, and
spread clippings throughout the lawn areas. Large commercial lots must renmain
in a presentable condition without windrowed clippings.
vil. Leave the property with an overall orderly appearance.
Debris Abatement and Disiosal. All debris and trash on the property
designated by the abatement notice will be collected and removed, including Household trash and
debris, clothing, ftumiture, or vehicle parts. All such items shall be removed from theand
�p�
deposited at the Municipal Solid waste Landfill or properly recycled as indicated below. To offset
mileage and equipment casts, a landfill fee or a dump run fee may be charged and reimbursed for all
items disposed of at the landfill, subject to the Contractor's submittal of an original receipt from the
landfill. The disposal fee may be charged on each property cleared unless the Contractor is able to
combine dump runs for more than one property.
A-1
The Contractor, debris abatement and disposal services shall comply with the following
�
requirements, unless otherwise specified by the City:
•
Remove only the items p cl c ll mentioned in the work order. The
�.
session of an item whose value may be assessed for
Contractor mai not take possession � ite
a greater
valued= scrap value. The property owner's personal possessions,
other d= specific items listed on the work order, are to remm on the property
andriatel indicated b photo at time of Mn oici
. EgWpment Recluirement-s. The Contractor shall provide all equipment and tools
necessary for the performance of abatement services under this Agreement. The Contractor will not
be reimbursed for purchase or rental of equipment, unless the Contractor obtains written
approval
from the Code Enforcement Officer before commencing work. Equipment needs will
� vary from
project to project, but may include:
i. Push or Riding Mower for small or larger residential lots;
ii. Riding Mower or Brush Hog type equipment for commercial acreages;
iii. gosh Hog or Flail Mower for large acreages or heavys growth;
� y
i. weed whip and weed blower for trim work and removal;
v. Front Loader or Skid Loader for large debris removal;
vi. Chain saw, shovels, rakes, and forks for small debris removal;
vii. Hand Tools for securing buildings: hammer, drill, pry bar, screw drivers
pliers, adjustable wrenches, hand saw or circular saw, step or extension
ladder, post bole driver, shovels, etc.;
viii. Personal safety equipment includingbard hats reflective vests
� ,gloves, dint
masks and coveralls, and street safes cones as needed;
i. Snow shovels, blades, or snow thrower; and
x. Tree trimming work such as chain saw, hand saw, ladders, rapes and
shovels.
G• on-site Convict. The Contractor and its agents and employees shall perform all
services under this Agreement in a professional manner and shall exhibitood construction
techniques. g
ques. I addition, the Comer's services shall conform t the following requirements:
i. All workers shall be suitably attired and use appropriate safety equi
Search warrant or unless under the direct supervision of a Salina Municipal
Police Officer or Code Enforcement Officer who is present at the seem.
HI Tenial of Access' Search warrants and Court orders. if the Contractor is
' or ordered off the the owner or occupant, the Contractor haU immediately
denied property
ui en leave the 'se, and contact Neighborhood Services staff r the Code
remove all eq pxn t, prem
Enforcement Officer. If the Contractor is denied access or ordered off the property, the Contractor
' to receive a stipend of one(1)hour pay for one(1)employee at the con rate in
�s allowed p
with the a of work that was scheduled t be performed. - if the work order is
accordance type
accon�panny
`ed b an Administrative Search warrant r other court order, uniformed law
enforcement officer or the Code Enforcement Officer will accompany the. Conttat for to the property
er orm the work at an a upon time coordinated by Tei boyhood S�ces sem.
top � p
L Reauired Work Documentation. At each location where work is performed, the
Contractor shall take one or more reasonably detailed color digital photos, at its own expense,
and AFTER the rc.anc of all tis) set forth in the work order. For each location
BFFC1� p
worked, the photos must comply with the following:
i. Thephotos must generally demonstrate that the work has been performed
pursuant to the work order;
ii. The photos must be digitally time and date staffed;
iii. The photos must include sufficient detail to confirm the location of the work,
such as the street address number, front fa ade, accessory building in relation
to the m m structure, or a landmark; and
i. Additionalp hotos shall be provided of any items that are deemed abatable,
but were not specifically mentioned on the work order.
Phots must be submitted via electronic disc or email, and must be received by the City before any
made. At the time of submission., the photos must be identified by address, work
payment will be -
order number, or prof eet .nlumber.
I Non-Exclushe Contraet. It is hereby agreed and understood that this Agreement
does not constitute an exclusive right of the Contractor to receive any or all work orders that may
d the Ci in conjunction with the City's abatement of public nuisances; that
be generate by t .� ,
.. pre -qualified contractors may be utilized during the term of this Agreement deemed
additional y
t
necessary to
meet the City's requirements; and that the City may procure services provided under
this Agreement utilising other procurement instrm nts.
-
X1IT
TERM; SCUL
A. '� Th term ex f this t aril b for periodone year, commencing
April 19 2016, and ending March 31, 201 7.
Schedule. The Contractor shall complete each work order within 48 hours o
receipt, unless otherwise specified by the City. If the Contractor is unable to meet this requirement
the Contractor shall immediately contact the City's Neighborhood Services Departrnent to request
reassignment or an extension of time allotted. No work shall be performed between the Hours o
10:00 p.m. and 7:00 a.m., Monday -Saturday, or between 10:00 p.m. and 8 -.00 a.m. on Sunday.
00131
C
BAT of PAYMENT
T
t compensate the Contractor on the basis of the
1. �om�ens�n. The City agrees
actual hourly rates shown on the Contractor 's attached fee schedule, flus any reimbursable
•�xnder this Agreement. The contractor will not
expenses incurred by the contractor and allowed
be compensated for
work that is not requested in the pity's work order.
Neighborhood �eris staff once each work
Inoses. The Contractor shall notify
xn leted. Prior t Payment, and within ten(10)
� completion of each
order � � co for work erfor�ned and
tractor shall subn t to the Citi a detailed 0 ice i
work order, �e Con .
• Dices may be faxed t Neighborhood Services, but
reimbursable expenses actually incurred- Inv .
• to the attention o Neighborhood services, at
300
all ori 'nal documentation must be delivered invoice within twenty-four(24)- Hours. Each invoice must e
West Ash doom 201 , Salina, moans � �
tat�on and an landfill receipts for which the
accompanied b the required photo documentation * �� ��
• t. �h invoice shallbe narked C 1 IPL T andContractor i requesting r b r emen
here work was Perfo
rne
shall identify the Cit service request nunher, the Paddress w
and the date of work completion.
38 �nvo�ces properly submitted before 00 a.m. on Tuesda s will be paid
n�ent.
�' . t to additional time,for federal holidays. If the City
on x before the following Wednesday, subject . ,
. 9 - , r an reason, the City nay temporarily delete the
disputes ars sterns the Contractor �.nvo��e .
. the e �noicc. The fit ill rnal notify the
' sited item and a the reauung amort of � .
disputed w� resolution o ars dispute, the
d request clarification and/or correction. collo - g
Contractor an �
Contractor will include the disputed items asresolved on a subsequent invoice.
C-1
EXHIBIT D
INSURANCE REQUIREMENTS
(Nuisance Abatement Services)
Pursuant to Section 6 of the Agreement, the Contractor shall obtain,for ' � ,and maintain —
and shall require each of its authorized subcontractors to obtain and maintain —for a duration of
the Agreement, policies o insurance meeting the following requirements:
1. General uireents.
A. Additional Insured. With the exception of the workers' compensation .
nsatron policy to
be obtained by the Contractor hereunder, all policies shall name' `
a an, additional ensued the
Customer, its agents, representatives, officers, officials and employees ..
as addrtronallnsureds.
Insurance for the additional insured shall extend to products/Completed
Operations and be as
broad as the ce or the narned insured, includingdefense expense
l ' f
coverage, and shall
apply as primary and non-contributory insurance before any other insurance or self-insurance
including any deductible, maintained by, or provided to the additional in sureds.
. waiver of Subro tion. ...where allowed by law, all policies will incl '
� po acts . waiver
of subrogation in favor of the Customer, its agents, representatives,
employees. a
epi' officers, officials, and
C. Claims Made Policies. If coverage is written on a . claims -made basis for any o
the policies required by this Agreement, the. Contractor roust main
tarn the coverage for
min,
B. Business Liability The Contractor shall maintain AL
Automobile
e written on ISO form CA 00 01 or an industry equivalent- Coverage shall be applicable
coera auto liability laves that are owned, hired,
and other vehicles subject to compulsory �
to all autos � caned but used on behalf � the
rented or
used by the contractor and include automobiles not
Contractor. The � L olio limits shall not be less than the following:
Combined single limit $5001000
• 's Liabili . The Ontractor shad maintain
C. Worl er Coxa satiM1m to r
.. coverage nth knits not less than the
w ori ers' compensation and employer liabilityPolicy
following:
• Workers' Compensation (Coverage Part A
o Statutory
Employer's Liability (Coverage Part B)
$100,000 each accident
o $500,000 disease — polio limit
o $100,000 disease — each ernplo ee
-
AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS
and
L ux Hone R paix�-
fox
Nuisance Abatement Services
This Agreement is entered into March �
• 1 by and between the City of Salina, Kansas, (the "City") and Loux Hone
Repair/Martin Luther, Owner (the "Contractor" .
Recitals
• abatement services for the purpose of removing weeds and vegetation
A. The City desires to contract +for nuisance • and s of buildings and fens, all in
wth a lienees, trees or tree limbs, debris and tragi, and snow and ice, securing
overgro , pp
compliance with local regulations.
B. The Contractor has the requisite qualifications . , and experience to perforin the services needed by the City and desires
to perforin those services pursuant to the terms of this Agreement.
The partes, in consideration of the mutual promises set forth m this Agreement, agree and covenant; F
Capitalized words used i�n this Agreement shall save the following meanings:
1. Befinit�ons. p
time.
"Agreement means this Agreement
or Nuisance Abatement Services, as amended and supplemented from time to
"City" means the City of Salina, Kansas.
"Contractor" means Loux Home Repair (Martin Luther, owner) and its successors,
2. Exhibits. The following Exhibits are attached to and made part of this Agreement lurk with `#Y" if applicable):
Exhibit : Responsibilities of the parties z
Exhibit B -Terni; Schedule
Exhibit : Basis of Payment
Exhibit .l: Insurance Requirements Fz;I
• a 'es a to er Orin the responsibilities outlined in the attached and
lies nsibiliti s of the Parties. The party r p
incorporated Mbit A.
to performits responsibilities during the term and according to the
�. Term; Schedule � The Contractor agree this
. - . B subject to the potential for prier termination pursuant to the terms of
t�meramo and schedule described in xhtbrt �
Agreement.
5. payment. The City shall pay the
Contractor for the performance of its responsibilities pursuant to this Agreement
as set forth in Exhibit C.
6. Insurance Reguirements.
The Contractor agrees to obtain insurance coverage as specified in
6.1. '�' sand Amount of Covera e• a specifications without the prier
reto and shall not make any material modification or change from the spe
attached he � is an �f its obligations under this Agreement, the Contractor shall require
approval of the City. If the Contractor subcontracts y - ambit D. Failure of the Contractor or its
each such subcontractor to obtain insurance coverage as specified �n
Contractor Services (2013-01-23
subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and
shall not relieve the Contractor of liability.
.2. I t n . All insurance policies shall be issued by insurance companies rated no less than - V11 in the most
recent "Bests" insurance guide, and licensed in the Mate of Kansas. Except as otherwise specified in Exhibit , all such
policies shall b m such form and contain such provisions as are generally considered standard for the type of insurance
involved.
6.3. Certificate of insurance. Following the execution of this Agreement and prior to the commencement of an
work hereunder, the Contractor shall provide the City with a certificate of insurance listing the City t a the Certificate Molder
and evidencing compliance with the insurance requ cements in this Agreement. The City reserves the right to ire
complete certified copies of all insurance policies procured by the Contractor pursuant to this Agreement, including any and
all endorsements affecting the coverage required hereunder.
7. Injury to Persons or Damaste to Pro a The Contractor acknowledges responsibility for any injuryto Person(s)
or damage to caused b its to ccs or duties
p
p � 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 inj top erson s or
damage to property.
g. Indemnification. To the fullest extent permitted by law, the. Contractor shall defend, indemnify and hold harmless
the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and
expenses incl y � g
p (including but not limited t attorney fees and court costs) attnibtale to bodily injury, sickness, disease, death, or
Miury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims
damages, losses, and expenses relate to, arise out of, or are alleged to have resulted from the wrongful acts, errors mistakes,
omissions, or defective work or services of the Contractor, its employees, agents, or any tier of subcontractors in the
performance of this Agreement.
. Voluntary Termination. Either party may terniinate this Agreement, with or without cause, upon 10 days advance
written notice to the other party. In the event of such termination, the Contractor shall be compensated for such services a
have been satisfactorily performed through the date of termination, but no compensation shall be earned after the effective date
of the termination. Within five 5 days any such `on, ' all finished or d documents, data, studies sure
drawings, maps, models, photographs, reports or other prepared b the Contractor � ��
� y for pursuant to this t shall be
delivered to the City. Notwithstanding the above, the Contractor shall � not be relieved of any liability to the Ci for s
�e
Brash ned by the City by virtue of any breach f this t by the Contractor, and the City may withhold any payments to the
Contractor for the purposes of set-off -until such time as the exact amount of damages dine the City from the Contractor may b
detm ined.
1. Default If *either party Bits to comply with any term of this Agreement within 10 clays after written notice t
comply has been mailed by the non -defaulting party to the defaulting party, such failure shall be deemed an immediate
breach of this Agreement #`Event of Default" .
11. Remedies. Upon the occurrence of an Event of Default, the non -defaulting party shall have the following rights and
remedies, in addition to any other rights and remedies provided under this Agreement or by law:
11.1 Termination. The non -defaulting party shall have the right to terminate this Agreement or terminate the
defaulting party's rights under this Agreement.
11.2 Other Rgmedies. The non -defaulting party may pursue any available remedy at law or in equity (including
specific performance) by suit, action, mandamus or other proceeding to enforce and compel the performance of the duties and
obligations set forth in this Agreement, to enforce or preserve any other rights or interests of the non -defaulting under
part y
this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non -defaulting
PAY
resulting from such Event of Default.
12. Nom_ ' ble. Due to the unique qualifications and capabilities of the Contractor, neither the nights nor
responsibilities provided for under this shall be assignable by either party, party, either in whole r in part.
2
given cant t 'this Agreement shall be ill writing and delivered
1 lo� All notices required or permitted to e � aid, commercial
wed mail return receipt r quested, or by generally recognized, p�
personally or sent by registered or c `von when received on the date appearnng n the return
wrier or overnight air courier service. Notice shall a considered r 'shred or certified
crece then three days after marled, if sent b regi
,ipt but if the receipt i not referred within hoe days, . Notices shall be
nail r commercial courier service, or
the next business day, if sent by overnight air courier service.
• �` 'v notice of a change of name or address, notices t the
used appears below for each party, provided that ply
'ver ofthat notice shall thereafter be given as demanded in that notice,
CITY: City Clerk
P.O. Box 736
Salina, KS 67402-0736
CONTRACTOR: Loux Home Repair / Martin Luther, Owner
515 E. walnut
Salina, Kansas 67401
for shall maintain complete, accurate, and clearly identifiable
1. ltc�tron and �.us c#�n of Records. The Contras -
records with respect to all costs and expenses rncurre
d under this t. The records shall a maintained during the terns
froto the date of the final payment under this Agreement (the "Retention
of this Agreement, and for a period of three yearsto the ex iron of the Retention
• ! - d howeverr that if any litigation, claim or audit is commenced prior exp
ration
, provide � til all liti anon, ciai�a anti audit findings have been completely
Period, then the Retention Period shall be extended un g `od the Contractor shall allow a
solved without right of further appeal. luring the Retention Period, terminated or re r examine audit, and make t xscripts or copies of such records and
representative of the City during normal business hours to Ci agrees to responsibly utilize all
nts created pursuant t, or arises under, this gement. The City
any ether documents p coand ung the nature and
information obtained pursuant to this paragraph for the purposes of reviewing,
info
' under this ���Ag�t• . The pity agrees to take reasonable precautions no 0
amount of all costs and expenses incurred 'oct the Kansas open words act or other
such information outside the supe of those stated purposes, subj
disclose su
applicable law. ..r. _� `�tr
• dot and cash basis laws, and operates on a calendar fiscal
15. lona ro riation, The C�ty is subject t0 Kansas budget for the City, it is subject
multiple Discal gears t
year. In the event that this Agreement involves financial oblig frons spannung p overnin body does not
y
` b the Ci 9& -VM body for future fiscal gears. If the City
to annual appropriation t g the City shall so notify
• occas to fulfill the City's financial obligations pursuant t this Agreement,
appropriate the and `
t shall be null and veil for purposes of the Discal year(s) affected by e
the other parties to this Agreement and this Amen
decision f the gov rnmg body not to appropriate.
erforin serces under this Agreement, does so as .a�n
1. Hlationshi . It is expressly understood that Cntrct�ar m p g tion over the methods by which
r. The Ci shall neither have nor exerc� any control or direction . i d
independent rttrat � ..
• . The sole interest and responsibility of the City i to see that the services cov re
Contrar performs its services heu.nder.
efficient, and satisfactory manner. Contractor shall be
b flus Agreement are performed and rend m a competent deferred compensation plans,
y eats employment -based
c elusively responsible for all taxes, withholding p ymbenefits,
. ensatin and social security obligations, and the filing of all necessary
including but not loomed to its workers comp
documents, forms, or returns pertinent to the foregoing.
. ct an work or services under this Agreement without the City' s
1'7. ubconrnetm . Contractor shall not sucontra y
prior written consent.
18. tom Bance with Aigglicable Lay.
federal, state, and local law in the performance of this Agreement.
Contractor shall comply with all applicable
19. 'Equal nnoirtunit ,
• � 'urination and Chapter 1 of the Salina Code the Contractor and its
a In conformity with the Kansans act against discrimination
'
that:
subcontractors, if any, agree
1 The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina
Code and in doing so shall not discfiminate against any person in the performance of work under this t
because of race, sex, religion, age, color, national origin, ancestry or disability; Contrasty,
2 The Contractor shall include in all solicitations, or advertisements for employees, the phrase"equal opporbWtyemployer," or a similar phrase to be approved by the i 's human relations
3 If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights
commission in accordance with the provisions of K. S.A. -1031 and amendments thereto, the Contractor shall be
deemed to have breached this Agreement and it may be canceled, terminated or le or n
the City;�endo d' in whoipart, b
If the Contractor is found guilty of a violation of Chapter 13 of the Safina Code or the Kansas ac `
t against
discrimination under a decision or order of the Salina human relations commission or the Kansas human rights
commission which has become final the Contractor
shall be deemed to have breached this Agreement and it may
be canceled, terminated or suspended, in whole or in part, by the City;
The Contractor shall not disc 10"02 against any employee or applicant for emPlOYmeAt in the performance of
this Contract because of race, sex, religion, age, color, national origin ancestry or disability; and
The Contractor sball include similar provisions in any subcontract under this Agreement.
b The provisions of this section shall not appy to this Agreement if the Contractor:
.f
1 Employs fewer than four employees during the team of this Agreement; or
w *i
:.0
2 Contracts with the City for cumulatively $5,000 or less d - gthe Ci 's calendar fiscal year,
20. Administration of AaMment. An references in this t requirng the City's. participation or approval ah shallmean the participation orapr vol of the �tManager, unless provided herein.
21. Attorney Fe s. If any suit or action is instituted' by eith r party hmwunder, incl all eels the ai .
such suit or action shall be entitled including � � � � p�
titled to recover le attorney fees and expenses from the non- Prevailing party, in addition to
any odw amounts to which it may be entitled.
22. &.:ght to Inde en ent Legil Advice. The Conftactor understands and acknowledges the right to have this
Agreement
reviewed by legal counsel of the Contractor's choice,
. A usable Law; Vie. This Agreement and its validity, construction and perfor ran a shall be governed b the
of �. In the event of any Ie anion t enforce or ` g y laws
interpret thus ent, the sole and exclusive venue shall be in the
Saline County, Kansas District Court,
24. Inter retation. This Agreement shall be interpreted according to its fair meaning, and not in favor of r against
party, y
2. Time. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed
Parties. houhd the end of a time period fah on a 1 boli � by the
day that Wmlination time shall extend to :00 p. , of the next fall
business day,
2. Severability. The unenforceability, invalidity, or regality of any provision of this Agreement shall not render the other
provisions unenforceable, invalid, or illegal,
27. Authority and Consent to Transacflom. Each PartYrepresents to the other that the personexecuting this e
has full and legal authority to bind such to the terms of this � Agreement
p s Agreement, and tlhat the execution and delivery of this
Agreement have been duly and validly authorized by the governing body of each party.
n
and
' and bind the heirs, eecLltors, a����"dDI � �5, successors28. �r8�� d� This � � extend �p
authorized assigns of the parties hereto.
9. Counte arm. This nt may be
executed in an number counterparts, each o which shall be deemed an
and ail such counterparts or originals shall for all purposes constitute one agreement.•
original, or in multiple ,
t nor an of its term. may be changed or modified, waived, or terminated except
. �ndments.lerther this Agreement t � the enforcement of the chasage,
Y
an itsnt in writing sib by an authorised tative of the party gains
waiver, or t nuination is sought.
1, wa. �o fail'ure or dewy by pay hereto to insist on the strict perfoaance of any term of this Agreeme, or to
iver.
exercise any right or remedy consequentto aBch thereof , shall constitute a waiver of any breach r any subsequent breach o
affect or alter e ' g #rrns of this Agreement but each and ever
such #�. leo waver any breach hereunder shall
term of this � � or subsequent breach thereof.
' Agreement shall continue in full force and effect with respect to any odw then existing
32. Conflict leslut�on. �o m ono �
• f this anent shall be allowed to find the City has agreed to binding
arbitration,
the arties this Agreement sal have rights and may rake claims under this
. 1 o Third Par B� ngelaries. Solely p
Agreement. There are no intended � partyen ici ne under this t, and no third parties shall have any rights or
make any claims hereunder.
. e x�itten or Han rlt�ten B v o
s. Typewritten or handwritten provisions inserted or attached shall supersede
all conflicting printed provisions.
. Feminine-MaseuYiH-Blural.
• the lural lural the singular, and use of any gender shall include all genders.
Wherever used shall include plural, p
• this Agreement are included for the purposes f convenience only and
. l�eadiu s. The headings of the sections o g
shall not affect the interpretation of any provision hereof.
7. Memer Chau- These tmns are ,. ,tended y
b the parties as a complete,. conclusive and final expression of all the
� r orders ,oral or written, made
conditions of their t. 1 other rse, statements, s, age
unless in vrit�ng and signed by all des a attached hereto.
shall e b
before or t the srgnmg thereof, �g
IN TSS WHEREOF, the partes hereto have caused this Agreement to be executed by their authorized
representatives.
CITY of SAL A, KANSAS
By.
Jon R. Blanchard, iiayor
Attest:
shandi wicks, cmc, , City Clerk
Form:
Legal Counsel
By:
IVIS Luther
Owner: Loux Moine Repair
+ xIrT
RESPONSIBILITIES of THE PANTIES
From time to fime during the term of this Agreement and as designated and instructed IastrLlcted y
the City pursuant to a written work order, the Contractor shall provide all
equipment, Tabor, and
materials to perform the following nuisance abatement services on residential an
commercial
properties within the City of Salina:
A. Abatement of Grass and Needs. The Contractor shall be: onsible
b e Ci for r �
City, removal of nuisance vegetation from properties, which a include:(1)cuttinyof
heavy and overgrown grass and weeds that exceed eight inches in bei , including all sucker
growth; 2 trimming of overgmwffi on sidewalks and curbing, which must be
tuned to the
concrete edge; and 3 disposal of weeds and overgrowth onartum. The Contractor's grass and
weed abatement services shall comply with the
following requirements, unless otherwise specified
ed
y the City:
i. Prior to abatement, the Contractor shall remove all cans bottles paper p p products,
and other debris from the.. property, and dispose of the items in th6 appropriate
pprop ate
area, such as the landfill or thehazaWous waste facility.
ii. Cut vegetation to a height not to exceed " from the ground.
iii. Cut vegetation up too the street, alley, r pm lines including ditch
- ply � g es, alleys
or easements (includes all improved or unimproved areas within the property
lines).
iv. Trina around trees, shrubbery, utility poles, sidewalks and driveways,f '
fence lines,
foundations, walkways, and lawn ornaments without harm to item.
V. Remove clippings from sidewalks, driveways, street and allupon
departure to the Municipal Solid waste Landfill or mulch the material into
the
existing grass area and remove all windrowed grass clippings-
vi. Mow excessive clippings multiple times to keep windrows from forming
and
spread clippings throughout the lawn areas. Large commercial lots must remain
in a presentable condition without windrowed clippings.
vii. Leave the property with an overall orderly appearance.
, Debris Abatement and Disposal. All debris and trash on the
ted b property asdeli
designated y the abatement notice will be collected and removed, including household
g trash and
debris, clothing, f mfiture, or vehicle parts. All such items shall be removed from the property and
deposited at the Municipal l Solid waste Landfill orerl recycled s indica
�P � � ted below. To offset
mileage and equipment costs, landfill fee or a dump run fee may a charged and reimbursed
. y g ursed for all
items disposed of at the landfill, subject to the Contractor's submittal of an original rc '
receipt pt fi-onr the
landfill. The disposal fee may be charged on each cleared unless the '
�p� Detractor r able to
combine clump rums for more than one property.
A-1
•disposalservices shall comply with the following
ntractr s debris abatement and
The �
relu'r ement otherwise unless otherse specified by the City:
�
` l mentioned in the ort order.
' Remove onlythe stns specifically
-whose value may assessed for
Contractor may not tape possession of
any item
'ter value than scrap
value. Thepropertyowner's personal possessions,
- - n the work order, are to on the prop y
other than specific �t�ns listed . .
ra ' atel indicated by photo t tune of navo1cn.
and app pry y
Items removed containing CFCs must b e taken to a licensed FreonCFC disposal
., �
facility.
• or Iran � rthi all' .�naterials safe an
The Contractor �s responsible �
•vehicle so s not t displace items u
ppmp�ly covered pon the sftvcts or
alleyways.
itemsto a Salina l,niipal La11, �4292 S.
iv. All landfilled must be taken Bunua Load, or an ate disposal ' di sal feint appropriate for the materials.
V.
The contractor may recycle budding
materials for ruse by not-for-profit
• completed - at the time allowed for abat�en
agencies. Recycling � may e
disposal with copies of all recycling receipts attached to the invoice for desired
payment.
is for
Receipts evacuation and disposal shah be submitted at the tae o invoici�ag.
.
vi p
• The Cantractar shall be responsible, s
C. uili� �'en� d ��• installation
' fences which may include the �.nstll
the Ci for securing buildings and ,
of
directed by �� basement entrances, and the naval or
pard over doors and windows or exterior bas -
plywood or �aerb . Dards with lie materials. The
materials nacici pasts and fence b
replacement of fencing �. covin a fiances from
nsible as directed b the City, o
Contractor shah also be r � All items removed are to
• refrigerators, free ers or other appliances.
propenes, including � � ' ' al solid waste Landfill, or
be removed from the property
and will be deposited at the Mu nici
properly recycled as indicated above.
r shall be responsible for tree and limb
Tree and Lund removal. The Contractor � -
' b the City, which may include.(1)rennovin hale trees to the ground level,r�roval, as dred y• and of hushes
- - albs driveways a alleyways,
(2) removing limbs hanging over s�dec� and other
' The contractor ay be required to use 1�uclet trucl or man -lift
on �• limbs removed will be removed from the property
- - equipment far such services. Trees or li
specialized eq pm
and deposited at the Municipal Solid waste Landfill.
r shall be risible, as directs by the
Snow an Ice removal. The contract -'�
� r rice buildup. If compacted snow
- of sidewalks and dr�.veways of filen snow o p
City, for clearing required to apply sand, salt or snow -
and awed b hand, the contractor may be eq
and ice cannot be renin y
melting chemicals in a manner that will not disrupt future growth of adjacent
vegetation-
l
-
F, Ment Reauirernents, - The Contractor shall vide all '
provide equipment and tools
necessary for the performance abatement services under this exit. '
. � The Contractor � not
e reimbursed for purchase or rental o equipment unless th
� t, a Contractor obtains written approval
from the Code Enforcement Officer before corn endo work. .
. Equipment n� will vary fr-on�
�j� to project, but may include:
i• Push or Riding Mower for small or larger residential lots;
1. Riding MOwer or Brush Hog type equipment for connnercial a •
iii. gush Hog or Flail Mower for large acreages or heavy s .
iv. Weed whip and weed blower for tarn work and removal'
v. Front Loader or Skid Loader for large debris removal;
vi. Chaim saw, shovels, rapes, and forks for small debris removal;
vii. Hand Tools for securing buildings: h .
gs hammer, drill, pry bar, screw drivers
pliers, adjustable wrenches, hand save or circular saves or
step extension'
ladder, post hole driver,shovels, etc.;
vi
the direct supervision of a Salina Munici
XH
TERM; SCHEDULE
A-„� �1. The term of this Agreement hall be forn-
p of one year, commencing
April 1, 2016, and ending March 3 19 2017.
• Schedule. The Contractor shall complete each or .
, p order thin hours o
receipt, unless otherwise specified by the City. If the Contractor is unable to
meet this rgrent,
the Contractor shall immediately contact the C ' s Neighborhood . t gh o hood Serices Dqwtment to request
reassignment or an extension l~ a allotted.�
leo wort shall a performed between the hours o
10:00 p.m. and :00 am., Monday -Saturday, or between 10:00 p.m. and :00 a.m. on Sunday.
EXHEBrr C
BASIS of PAYMENT
• agrees to compensate the Contractor o the basis of the
�. �on� enst�on. The City gr 1�
actual hourly rates shown on the Contractor"s attached fee schedule, plus any reimbursable
expenses incurred by the Contractorand allowed under this Agreement. The contractor will not
be compensated for work that is not requested in the city's work order.
• or shall notify Neighborhood Services star once each work
. mores. The Contractor � �
order has been completed. Prior tO PaYmentand within ten(10)days after completion of each
t the Ci a detailed invoice for work performed and
work order, the Contactor shall submit t i
• . Invoices m a faxed to Neighborhood Services, but
reimbursable expenses actually incurred. .
delivered to the attention of Neighborhood Services, t Soo
all r.�g�nal documentation must be
within twenty-four(24) hours. Each invoice must be
West Ash, Room 201 , Salina, Kansas, � .
accompanied
docunmentation and any landfill receipts for which the
by the required photo „
• Each invoice shall be marked ` C01WL�ETED and
Contractor is requesting reimbursement.
• � number, the � �� � � address where work eras performed,
shall i entf the City.) s service request �� {
`+
and the date of wort completion. � .
r
38
ro p er1 submitted before .: o a.m. on Tuesdays will be paid
P ent. Invokes �
on or before the following Wednesdayg to additional time for federal holidays. if the t
subject i
disputes any items in the Contractor's
invoice for any reason, the City MY tmporark delete the
amount of the invoice. The City will promptly notify the
disputed item and pay the remaining
Contractor and request clarification and/or dor correction. Following resolution of any dispute, the
Contractor will include the disputed iterns as resolved on a subsequent invoice.
C-1
EXHIBIT D
INSURANCE REQUIREMENTS
(Nuisance Abatement Services)
Pummt to Simon 6 of the Agreement, the Contractor shall obtain, pay for, and rn.aintain and shall require each of its authorized subconhwtors to obtain and maintain — for the duration of
the A rc rn nt, policies of insurance meeting the following uirMnts:
1.�-nerall uirernnts.
A. Additional Insured. With the exception of the workers' compensation policy to
be obtained by the Contractor hereunder, all policies shall name as an additional insured the
Customer, its agents, representatives, officers, officials, and employees as additional insured(s).
tion
Insurance for the additional insured shall extend to Products/Com leted Operations and be
Products/Completed � a
broad s the insurance for the named insured,. including defense expense coverage, e ars shall
apply as primary and non-contributory insurance before any other insurance or self-insurance
including any deductible, maintained by, or provided to, the additional insureds .
Waiver of Subro off. Where allowed by lave, all policies will include a waiver
of subrogation in favor of the Customer, its agents, representatives, officers officials, and
employees.
C. Claims Made Policies. If coverage is written on a claims -made basis for any of
the policies required by this Agreement, the Contractor must maintain the coverage for
.imm m of two 2 years from the date of final completion of all work under the Agreement.
2. Speoic Coyera,quirrrn�.
A. Commercial General Li i11ly (1"CGL" . The Contractor shall maintain CGL
coverage written on ISO Occurrence form CGoo Of or an industry equivalent and
shah cover
liability arising from Personal Injury, Bodily Injury, Property am a, Premises and Operations,
Products and Completed Operations, Contractual Liability, Independent Contractors and
Advertising Injury. The policy bits shall not be less than the following:
o Each occurrence $5009000
0 General aggregate 190009000
Personal and Advertising Liability oo,000
The policy shall contain an endorsement that modifies the general aggregate to apply arat i
to each project. The Contractor shall maintain the Products and Completed Operations liability
coverage for a period of at least two 2 years after completion of all work under the Agreement.
D-1
'Cr-BAL" . e ontraaor shall maintain BAL
B. Business Automobile I��ab'�llt
• equivalent- coverage shall be applicable
mitten on ISO farm CA 1 or an ind � eq .
coverage auto liability lames that are owned, h�red�
autos and other vehicles subjectcompulsory
t allcaned but used n behalf of the
rented or used by
the Contractor aid include automobiles not
Contractor. The BAL
policy limits shall not be less than the following:
Combined single limit $500,000
� s �iili The Contractor shall maintain
C. Workers Cxn ensat•�or��rn to r
' '
a nth 1i knits not less than the
wort ers, compensation and employer liability coverage
following:
Workers, Compensation (Coverage Part A)
o Statutory
Employer's Liability (Coverage Part B)
0 $ 100,000 each accident
$500,000 disease — policy limit
$100,000 disease ! each employee