schilling manor water/sewerAi.RGI-P
DEPARTMENT OF THE ARMY -
HEADQUARTERS FORT RILEY
FORT RILEY, KANSAS 66442
8 March 190
City Al 581108
Gentlemen:
Attached is your copy of Contract Number MlA9tlj.Bj.+Gr��56
ModMaition No. OW
Please acknowledge receipt, as Indicated below, and return this letter .
to Purchasing and Contracting Division, Bldg #1179, Fort Riley, Kansas 66442.
Sincerely,
IL be �
1 Incl NEW WORM
as Rostr+l 109 OP IMI*
RECEIPT ACKNOWLEDGED:
Signature
(Title/Pos ion
FR 29 NOV 67 FL 76 (REVISED)
—G 8'
Date
GENERAL SERVICESADMINISTRATION
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT PAGE OF
1 1
-FED: PROC. EG. (dl CFR) 1-16.101
1. AMENDMENT/MODIFICATION NO.
2. EFFECTIVE DATE
3. REQUWION/PIRIOIASE REQUEST NO.
�. PROJECT NO. (JJ.pp/it.Me)
S. %SUED'BY CODE 1
6. ADMINISTERED 8Y (IJ ether than bbrk fl CODE
trurd wstag and Contracting 0triston
tbst ftlaeev
Building In
011111111101 187
tart Ittlay. hawses "11"
ftrt RIIeT. 1 "W4
7. CONTRACTOR CODE I FACILITY CODE
e.
NAME AND ADDRESS
AMENDMENT OF
E] SOLICITATION NO.
rr
1
City of Sallow
DATED (ser Hock 9)
(Sa
nowly, dry,
. d ZI`mM. Sallsty ttandtaf
JCO�NFR�ACT//OORDE Np."111113414--M
Cade/
LJ
d,
DATED TN,t� (Ste block 11)
9. THIS BLOCK APPLIES ONLY TO AMENDMENTS OF SOLICITATIONS
❑ The above ase band sand. W is anwded as M forth in blah 12. The hour oed data specified Far receipt of Offers ❑' b aaMdd, 134 ant extended.
Offess, map acknowledge reesip, of this amsndtscet prim to the hour and claw spedfld'm ft arliaiMion, or an a,sanded, by fere of the fallowirp ,nelhds:
(a) By dgning and returning -pin of Mis a,nordmant; (b) By achnowledging receipt of this amendment on each cagy of the offer submitted; or (c) By soparMa letter ce wlegrom
which includes a reMance to me solicitation and otsendment numbers. FAILURE OF YOUR ACKOWLEDGMENT TO BE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR AND
DATE SPECIFIED My RESULT IN REJECTION OF YOUR OFFER. If, by rides of mi. IntendmM you desire to ehnge an offer already submitted, Inch damp may be :nods by telegram
or lever, Provided such alepram or neer, makes reverence he the solicitation ad this anredaM, and is nceiced prim so Aa noted" hour ad date specified.
10. ACCOUNTING AND APPROPRIATION DATA (If rogaired)
11. ?HIS BLOCK APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS
(.)IN This Chsig.Order is issued pursuant to Via Eh__m-- rlause ofIthe Pitta
The Changes at form in back 12 an mole a the whore n,mband eeMrae/abr.
(b) n The abw nnmbred centred/oder is mdilad to rdea the dminisaatka changes (sada as chanese w payirq allies, appropriation chub, Ink.) sat forth in bock 17.
(c) ❑ This Supplemental Agreement h enwred into PVrwant he authority of
R modifies the abye rwmband command as set forth in block 12.
12. DESCRIPTION OF AMENDMENT/MODIFICATION
I 0uat id q oo. S5 S&I t t Ing Nimes ilei tggtops Caster. tea Ibreby added to paregraO 6.
BALL N S61NOM SERVICE. SM li51CATit W:I"v
of t . of the contract.
to the foltortnt; Manor to reoetve t oeforoeaes of.sorviee gedsr.the terms and d:dsh
dlttees of the contracts
Wift IF„A tb�,,iLA II&W of at I I ted
S59 Inside Single
So TM 411ticated annual v.�o�P�lR"M a�WkW the 4Itraat Is 114fassed in the emaeust of
101.600 gallons from ILtlyi/ i,000 to 127095106M gallons. The estimatedanawdl costOf
the contract Is Iftreared to the t of $99.00 frog» .161.00 to $46.06.00.
Except as rovided hmsin, ol( torts, and conditions of Me document nsMrsnced In hock 8, as hnatobn changed, straw umlanped and in full force and eBaat.
13. nCONTRACTOR/OFFEROR I$ NOT REQUIRED
TO SIGN MIS DOCUMENT C]CONTRACTOR/OFFEROR IS REWIRED TO SIGN 7X15 DOCUMENT AND RETURN -CONES TO ISSUING OFFICE
le. NAME OF CONTRACTOR/OFFEROR
BY
17. UNITED STATE OF AMERICA
8Yw�
(Spaawn of Person wdaHand to sign)
(Sip,awra a ComnMwg )
I3. NAME AND TITLE OF SIGNER (T)pe or )mat)
Id. DATE SIGNED
18. NAME OF (Type or print)
19. DATE SIGNED
yRCOBNTTRRACCTIFNGGdBOFFFICER
BRG1kFkB. 88NM1B8 r/B
L
\P�EBWBW
30-101-01 sec. e..IV reunn t ornca : sae o -ss” y
PURCHASING'AND CONTRACTING DIVISION
Fort Rileyr Kansas
mr. Norris O. Olson
City Manager
Clt�r Mail Building
Salina, Kansas 67401 .
At 6
Date
Re Contract Nr, VA13.67+C+3758
and Mod No. 1
Attached is your copy of Contract Nr,._ CAaEt9*6Tr.C.4Y
d Had No. 1
Please acknowledge receipt, as indicate below,and return
letter to this office.
1 Incl
1, Contract Nr.
M"13*67-03758
and Mod No. i
RECEIPT ACKNOWLEDGED:
FR 22 Jun 59 Fl 76
Yours very truly,
Contracting Officer
l�
PURCHASING'AND CONTRACTING DIVISION
Fort Rileyr Kansas
mr. Norris O. Olson
City Manager
Clt�r Mail Building
Salina, Kansas 67401 .
At 6
Date
Re Contract Nr, VA13.67+C+3758
and Mod No. 1
Attached is your copy of Contract Nr,._ CAaEt9*6Tr.C.4Y
d Had No. 1
Please acknowledge receipt, as indicate below,and return
letter to this office.
1 Incl
1, Contract Nr.
M"13*67-03758
and Mod No. i
RECEIPT ACKNOWLEDGED:
FR 22 Jun 59 Fl 76
Yours very truly,
Contracting Officer
STANDARD FORM 70, JULY 1966
GEPRA1 SERVICES ADMINISTRATION
PAGE OF
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT /.
IID: A&. REG. UI CRI 1-16.101
V .
1. AMENDMENT/MODIFICATION NO.
2. EFFECTFPE DATE
S. REQURJIIKRV/PLRCHASE REQUEST NO.
e. PROJECT NO. (IfepplscebG)
S. ISSUED BY CODE
6. ADMMISIERED BY (If rber owns bMrk 5) CODE
Purchasing 6 Contracting Division
Post 811811m
Building 179
Building lot
Fort Ways Kansas 66W
Fort Alley$ Kansas 66442
7. CONTRACTOR CODE FACILITY CODE
e.
NAME AND ADDRESS
AMENDMENT OF
EISOLICITATION NO.
I F
DATED (See block 9)
/k kP�
(Street. city, city of Sal root
.ad ZIP Sol ino, Kansas
MODIFICATION OF
CONTRACT/ORDER NO.
Cads) �
LJ
DATEDOlSfM — (See black 11)
9. THIS BLOCK APPLIES ONLY TO AMENDMENTS OF SOLICITATIONS
13 The above marketed elicitation is ..tied as rt Fomh in bl«k 12. The hear and data specified for ncelp of Offers ❑ H eztea kid, ❑ Is rwt,rnaun di d.
Obr. mast acknowledge receipt of this amendment prior to the hour and dote specified in Ilm solicitation, or as amended, by ane of ted fallowing Bred adli
(a) 8y signing and remreing—copies of this amendment; (b) By ackmwbdgiog receipt oI this amendment on each copy of the offer submitted; car Ic) By separab Inner ar Msgram
which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKOWLEDGMENT TO BE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If, by virtue of this ome:dmeM you desire to change an offer already submitted, such thong may be made by telegram
or letter, provided such telegram or letter makes reference to the solicitation and Mn amendment, and is received Prior to the opening hour and data specified.
10. ACCOUNTING AND APPROPRIATION DATA (If required)
11. IHR BLOCK APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS
Ia1 This Change Order is issaed parsaant to
TM Cheng, W loft in block 12 are made to enc above numMred cont od/oder.
(b) ❑ The above numbered commie/order is modified to reflect the administrative charries (su!d as c/hheangel�s in paying office, appropriation data, etc.) set Forts in block 12.
(c)jmThis Stipp] emmtal Alinement if entered into ptrnuont to authority of ID U. S- Cis 2304 , taalDi
It modifies the above mambeted contract as set forts in block 12.
12. DESCRIPTION OF AMENDMENT/MODIFICATION
1. The pages of the basic contract pages 1 through 9• are hereby assigned the
contract form number and data DA Farm 12wR• 1 Nay 58R
2. 2Albit Wo 88MBRABB SBRVICB SMIFiCRTION8• Ponraw* 1 througo 70 is
DA Forty
hereby assigned the contract form number and data. 123348 1 00 54.
3. Since Building 495 has reverted to the City of Saliba, effective 3114AR67B
and since It ha ban established that no reqsere service for serservice exists for
�uIlding 670o abanI references in the contract and service specifications to Buildings
+195 and 670 are deleted.• these deletions will not materially ehsnge the estimated
armleI colsoption or cost of the contract.
4. Building Nos. 65. 3600 and 3651 Inside RateoWbit fir and Slagle Blilingi
and Buildings On. 381 and 58181 RatenE>ydlibit B• Conjunctive billing at
iIInrside
of mathetlle wateradded to the bract and service
bi1�ill0 artfro�d
s6j>detficcaoal
Data
of contract: forth hon pegs 1. DA Form
ie inc
jet
1229•s. herd room $45#76T
67.00
Escape ae provided Main, all terms and rare igons of the dowmaM referenced in Nock 8, as heretofore cMnged, ..in unchopped and In hill bra and affect.
10. CONTRACTOR/OFFEROR 15 NOT REQUIRED pq CONTRACTOR/OFFEROR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN—JL-COPIES TO ISSUING OFFICE
❑
TO SIGN MIS DOCUMENT
Id. NAMF OF C T /OF
17. UNITED STATES
BY
//pe//�//�AMERICA
by 1.LC..C._. 44
SigmNn of Person authorized to sign)
ISignamme of CammcKrqOfficer)
15. NAME AND TIME Of SIGNER (Type or print)
16. DATE SIGNED
18. NAME OF CONTRACTING OFFICER (Type or print)
19. DATE SIGNED
City Manager
�je 6
HIM 1010100N
i6AUQ67
30-101-01 1 a V. 9oveetl.er rrerreo ornce : ere o-er-m
M
HMtFiCMrM ink: 0001 TO C0111MT MOER OAU13476C*3798 P"& 2
6. to the contract, para�raph to, EQUJd. OPPORNtitlll, is hereby delated
in its antlrety, and the foltewieug paragraph t0 is substituted to lieu thereof:
4410. I:QM OPPORTUth1Tf
MW following clause Is applicable ureas this contract Is
emvt-under dwr rules and regulation of the President's Comadttes an Equal
Emplaymenst amity (eft C.F.R. Chapter 60). txwVtfars include contracts
and subcontracts (1 ) not a rooming $1000108 (i l ) notf ng $100.000 Por
standard comewtial supplie� or raw mraterlals, and (fit ander which work
is performed outside the V41ted States ad no racrultaent of niers within
the United States 1s involved.)
During the Performance of thiscontract, the Contractor cereus as
foliowsn
(e) . re Contractor wlII aft disarialaste against any eaaptoyal
or applicant for eaplopment because of tate, treed, calor, or rational origin.
Tia Contractor wltf telae o firmaRiras action to saw* that a"lloeats are
aspioyae, and that employees are treated daring am�pptoymant, without; regard to
that! race creed. color, or mtloml origin. Sucb action shall include but
not bps IRted to, the following: cup' t, upgrading, damatloa, or transferl
recraltmmit or recruitment +m4wtisiag: lay off or terminetion3 rates of pay
or o tnsr form of Cosptn sattml and selection for training„ Including apprentice
ship• Tfre Cmtmtor We" to past in conspicuous via"$* available to
molovess and applicants for aaptnymant, vitas to bo provided by the Corr
trocttug Officer sotting forth, the provislon s of this rondlseriafnetlon clause.
�} 1110 Contractor will, to all tollCltatfoas or advertisements
for aaploymes Placed by or Cas behalf of the Contractors, state that mit
qualified applicants wlIT recolva tonsiderstiaa for veploymeat without regard
to rasa, Reed, color, or eattoal origin.
W 110 Cw*mtw to It send to each labor union or raprasonta-
Over of worfasss with which he leas a collective bargaining merewmi; or.other
contract or understanding, a mance, to bs Provided by the Agency Contracting
Offiear, advising the said labor union at worisers' representative of the
Contracto`$* oaamdtomts under this nondiscrimination clause, and shall post
coplas of the notice to conspicuous plus$ avaltable. to Owloyam cru! applicants
for wploymemt.
(d) The Contractor will comply with aft provistaft of Execu-
tive order fro. 10M of ifarch 60 1961" as I mended, and of the rtes► regulatlons,
and relevant orders of the President's Coamittae an Equal Imloyment Oppor-.
*unity Created ther0y.
MIMAYINI NO. OWI 'M CWTWT MOM 0=1347- 3758
i
Po�a 3
fis) tomwoctstr mitt #urnish all tnfs>raatttcat and room
vwplrad by ilaaecuttva Order No. 1005 of r*mh 6, 1961, as , sad
Ithsa rules, e� platltsea, and ordws of the se14 CprMTttee, or pwsusHtt
ret* arAf wt i1 p"Ot aw"s to his books, raw*, avid occwxft by the
c4tttractia9 army and on ccusittee for ptsrpaeas of fawetjoatton to aat-
cert*Jst comijanee with such rates, r"Watta t, aad sags.
m In the + "t of the Coamto"s OW001 tont* with OW
awltscrtoofattion clause of this controot or with ww of 00 "14 rules$
repslotians, or rs, this eoettrect apyr bei caacetted. taensinated, or
su$,* %d to A0116, of in nett amt ti* tmt.ector my be 4MIAM4 iraaiigihle
for fart r " caatruts lift eavodame tdth tam duthorlaw in
%w.ottve (!rU IOM of lbrch 6, 1961j, as a "lode and such otter
samt1o0 my be 1WNW and reatedt" t orevtded to the sold unuf1vo
Ordw or by rule,. r platiaa, or Order of the President's COWUM CO !.
Witty, err 46 otiaeeasise rldstd by Jaw.
chs+ Cste>i roat4r 14 11 letciuse the pa
ia) thrr t ee +err subaa ttract or
rules, r e9utat ens, ort*tiriers of the PresJdeAt's Csao
wty sowed peax s►
asumot, to $03 of 6aafcutil
iirarolt 60 1961, as , so that such previsions toil
submtrasitta+' or mu%*.* VO Csstbraator will talk* ss
to any sdw4+trattt Of anrlsorder as th* cen is
MOM of COOM109 s priatsr, inaludiag s�a
ftvvj", tot,- ghat to aha event tbo Cmtractor bi
theaatttend with, litiptlett retch * subcosftmteer` or v
dir*ation by voitmtfM " do Contractor arty M
to Apw ho strep it#1ooitut pelt tits taut
M
i7
bo bludift uptas eocb
I actJon loth v4somt
a9aay.ay direct *s * .
for outowltamot
sea lnaalved tet, or iso
hw as ar #result of such
on this Wilted Stiffest
t oft valt" Stag.
I tle *thaeaiso pvvt4od, th* 09401 appoa'ttmity, 06"a is m
"**rod to bo JM*rW 1n subccettracts b*tefa the secs W tf*r, MWAPt for
aubtsaafLrateRto iaysxmoo the porfazsaete* aP "eoatrttettfat wow as tho "Mita
of ctaaetructted" those to" are "Md to 00 Caamittoofsr rales and
+tetiaii) to eehtch rem the clause =at be teaerted to alt troch stdxattracts.
oetitroets my IwAwpwao by rafermtar tM "EWtt Opparitt l4W 0090,P
7-. Vo vwth rm trap toes is herat+y =A& a poet of Contrstse
"iib* ofFervr
in's previsuss cottt+rafal
cuum persue or the e
order towt t that rue
s1�y met ►tit
Ma star n
or st�ccetteseats vdtixb
M7
F-72
4seantr�M ars us 11 be
tutUn Award no be s*
an W"t ovo the
) bassIles *sat. perttctp"w
ct to a the l 4vor#mlw
itolod ter Swoon 301 of b acuttve
t?iied all mul"d comilame repartsti
pion of requiet c 1lonce reports,
btalaed itrlcw to R arsaerds,
sued to ttsm th enatttmts4
101PICATIM 1W 0001 TO COt MACT WIl16ER OABE 13-676C-3759 Page 4
9. The foilo4 are throws ahereby made 1n the claw and nWese ntatton
set forth to patagre 6 atui 7 abwo:
eve OpPOIiT't ny
(a) re "EqualIty„ clause In p
bY 4sletlre9 refarsadcas to theas;4ent's Coagtt
itys Esa malve Order IMS of March 6 19
of Executive Order tla, 10925 of March 6. J961.
frfor the Secretary of 440r,Executive Order
o &W Swtloo 204 of iittecutive Order 11246 of
agnolt 6 above is aneoded
i as Equal EvIcyment
as aided. and Sectlas
as amended. and substituting
s. 1IM6 of SAptwher 24..
totw6or 24, 1965. respectively#
ietiatipamrob 7 above is
anndd tv nsertaatrie to Order tthe f lia"inpt
"or the clause tmtalned to Seetian 201 of t5iteeutWe Order 1b. 11114:,
(c) to awar4ows with mplatlattu of thetart' of Lebo, the rutess
regdetion orders Inswatlas, designetiaea astddirectives Issued
6t' m VmIdeat;s 9aeWttae an Equal fwt&pmt malty and those Issued
r the #eeads of varloas deparametfs or agernetes, unnder or pursuant to any of
the InwAtive Orders sWorseded by t'aaieutive Order 11246. small, to the oamt
that they aro not Ineaststent With Executive Order 112%, remeto in full
fierce and effaet unless and untl I revoked or stswrseded by approprlate
authority. Refar*m" la such directives to provisions of the superseded orders
shall be damod to be refamm to the anwable provisions of U scutive
Order IIA6.
90 fire felledog *ph (III) Is hereby ~to nim eattract
ander parairaph 2. TEttSt t'lt0VIS10 . (a) ftLquaw o,�siand"a
n(III) The vowlty of sa imp Wit be daten4n" atem+ally and will
male eonswu starting with the -.ktty billing through the falla deg
.Aam, and wlII be bei an the avemp teeanthly water catsumptlon according
to neater meters for the waft of januarya raibrunrys and March pea-
owing the montth of. At" of the flatal year,,,
Contract No. DABE13-67-C-3758
DEPARTMENT OF THE ARMY
NEGOTIATED SEWERAGE SERVICE CONTRACT
pRmsES TO BE SERVED: Schilling Manor Sub -Post, Salina, Saline County,
Kansas
CONTRACTOR: City of Salina, Salim, Kansas
PREMISES ARE: Government Owned
ESTIMATED ANNUAL COST HEREUNDER: �$45,767..00-
CONNECTION CHARGE: Nom
{ BILLS WILL BE RENDERED TO: Post Engineer, Fort Riley, Kansas
pAYMENTS WILL BE MADE BY: Finance and Accounting Officer, Fort Riley,
Kansas
This negotiated contract is made pursuant to the provisions of
(10 U. S. C. 2304 (a)
I �
APPROPRIATIONS CHARGEABLE: 21-9770700 55-1003 P1910-23 514-040
Contract No, DABE13-67-C-3758
DEPARTHIN"T OF THE ARMY
NEGOTIATED SEWIRAGE SERVICE CONTRACT
THIS CONTRACT, entered in.0 as of 9-1-66 , by and between
the UNITED STATES OF AMERICA, hereinafter called the Government, represented
by the Contracting Officer executing this contract, and The City of Salina,
whose address is Salina, Kansas, hereinafter called the Contractor,
ill,-NtSSMi That the parties hereto do mutually agree as follows:
1, SCOPE AND TERM OF CONTRACT, (a) Subject to the terms and condi-
tions h rc:inafter set forth, the Contractor shall furnish sanitary sewer
connections and sanitary sewerage service (hereinafter called service) re-
quested by the -Government at the premises to be served hereunder (hereinafter
called service location), all in accordance with Sewerage Service Specifica-
tions attached hereto and made a pert hereof, and identified as Exhibit "A",
(b) This contract shall continue in effect until terminated at the
option of the Government by the gi%,ing of not less than ninety (90) days
edvance written notice of the effective date of termination,
(c) (i)For and in consideration of the faithful performance of
the stipulations of this contract, the Contractor shall be paid by the.
designacad disbursing office or officer for service herein contracted for,
at the -rates and under the terms and conditions herein set forth in this
contract for the billing period in which commencement and termination of
this contract shall become effective.
(ii) The Contractor hereby declares that said rates are not in
excess of the lowest rates now available to any prospective customer under
like conditions of service, and agrees that during the life of this contract
the Government shall continue to be billed at the lowest available rate for
similar conditions of service.
(iii) Recognition is given to the fact that the Government fiscal
year ends on 30 June. Payments hereunder shall be contingent upon the
availability of appropriations therefor, and shall not be made in advance
of service rendered.
(iv) All bills for service shall be paid without penalty or
interest and the Government shall be entitled to any discounts customarily
applicable to payment of bills,by all customers of the Contractor.
2
Contract No, DABE13-67-C-3758
(v) Invoices for service rendered hereunder shall contain
statements of the water meter readings at the beginning of the billing
period, meter constants, consumption during the billing period, and such.
other pertinent data as,shall be required by the Government,
2. 77C?iNICAL PROVISIONS, (a) Measurement of service, --(i) All service
furnished by the Contractor shall be determined from the information obtained
from the water meters installed at each of the service locations. The Con-
tractor may at his.option furnish and install a suitable meter of standard
manufacture to measure the quantity of the service without an adjustment of
rate, or rate application schedules.When more than a single meter is in-
stalled,at:the service..location, the readings thereof shall be billed coa-
junciivel-y.. In -the event any meter fails to register or registers incor-
rectly the,service furnished therethrough, the parties shall agree upon the
length of period during which such meter failed to register or registered
incorrectly and the quantity of service delivered therethrough during such
period arr, upon agreement, an appropriate adjustment based thereon shall be
made in thn Government's bills. For the purpose of the preceding sentence,
any meter which registers not more than the allowable percent recognized by
-The American Water Works Society for sewage meters slow or fast shall be
deemed correct.
(ii) The Contractor, so far as possible, shall determine
from the water meters at periodic intervals of approximately thirty (30)
days the quantity of service furnished. All billings based on meter read-
ings of less than twenty-seven (27) days or more than thirty-two (32) days
shall be prorated.accordingly.
(b) Meter Test. --The Contractor, at its expense, shall periodically
inspect and test the meters installed by it, at intervals not exceeding one
(1) year. At the written request of the Contracting Officer the Contractor
shall make additional tests of any or all of such meters in the presence of
Government representatives. The cost of such additional tests shall be borne
by the Government if the percentage of error is found to be not more than
the allowable percent recognized by The American Water Works Society for
sewage meters slow or fast. No meter shall be placed in service or allowed
to remain in service which has an error in registration in excess of the
previsouly stated percent under normal operating conditions.
(c) Change in volume or character. --Reasonable notice shall, so
far as possible, be given by the Contracting Officer to the Contractor
respecting any material changes proposed in the volume -,or characteristics
of the utility service required at each location.
(d) Continuity of service and consumption. --(i) The Contractor
shall use reasonable diligence to provide a regular and uninterrupted supply
of service at the service location, but shall not be liable for damages,
breach of contract or otherwise to the Government for failure, suspension,'
3
DABE13167 C 3 7 5 8
diminution or other variations of service occasioned by or in consequence
of any cause beyond the control of the Contractor;. including but not limited
to acts of God or of the public enemy, fires, floods, earthquakes or other
catastrophes, strikes or failure or breakdown of transmission or other facil-
ities; provided,,that when any such failure, suspension, diminution, or
variation of service shall aggregate more than ten (10) hours during any
billing,period hereunder, an equitable adjustment shall be made in the
monthly rates specified in this contract,
I(ii) In the event the Government is unable to operate the
service location in whole or in part for any cause beyond its control,
including but not limited to acts of God or of the public enemy, fires,
floods, earthquakes, or other catastrophes, or strikes, an equitable adjust-
ment shall be made in the monthly rates specified in this contract if the
period during which the Government is unable to operate such service loca-
tion in whole or in part shall exceed fifteen (15) days during any billing
period hereunder.
3,. RATES AND CHARGES. (a) For all service furnished under this con-
tract to the service locations the Contractor shall identify and invoice
separately and the Government shall pay the Contractor at the rate schedule,
as applicable, attached to and made a part hereof and identified as Fahibit
"Bu
(b) For purposes of charges under paragraph (a) of this clause, any
demands due to faulty operation of,.or excessive or fluctuating pressure on,
the Government's system shall not be included as part of the Government's
demand.
4. CONTRACTOR'S FACILITIES. (a) The Contractor, at its expense; shrill
operate all facilities required to furnish service hereunder to. and measure
such service as of the point of delivery specified in the Service Specifica-
tions. ,'itle to all such facilities shall not be transferred by or through
the usf- or %_his contract.
(b) The Government hereby grants to the Contractor, free of ray
rental or similar charge, but subject to the limitations specified in
contract, a revocable permit to enter the service location for any proper
purpose under this contract, including use of the site or sites agreed upon
by the parties hereto for the installation, operation, and maintenance-, of
Government-owned facilities and the facilities of the Contractor required
to be located upon Government premises, at all times during the life of this
contract; and all taxes and other charges in connection therewith, to;;�ther
with a1!. ;4l'.lity arising out of the negligence of the Contractor in the
construction, operation, or maintenance of such facilities shall be assumed
by the trcctor. Authorized representatives of the Contractor will be
allowed acc,irs to the facilities of the Contractor at suitable times to
perform the obligation of the Contractor with respect to such facilities..
4
DABE13'67 C 3 7 5 8
Stich facilities shall be re=oved wid Govar==t pramiscs restored to their
original condition by the Contractor at its expense eithin a reasonable
tice.after the Govereamut shall revoke the permit herein granted and in any
event within a reasonable time aftezr termination of this contract. It is
expressly understood, however, the: proper military -or Governmental arathority
may limit or restrict the right of access heroin gv..rated in any canner con-
sidorad by such authority to be nacasaary for the a:ational security.
5. PFix1LYC B OEATICo! AND CUA
F?GL' OF MITES. (a) Public reguration.--
Service furnished under this contract shall be subject to regulation in the
mumner and to the extent prescribed by I= by any Federal, State, or local
regulatory co=i.saion having jurisdiction. If during the teras of this con-
tract the public regulatory cistion htaiing jurisdiction lawfully approves
rates that are higher or rates that: are lower than those stipulated herein
for like conditions of service, thc: Contractor agrees to continue to furnish
service as stipulated in this cont -:et and the Government agrees to pay for
such service at.the higher or lower rates from and after the date when such
rates are made.effectiva.
(b) Change of ratos.--(i) Subject to paragraph (a) of this clause,
in the event the Contractor, during the term of this contract, shall make
effective any new rate schedule or atondcd rate schedule applicable to the
claos of service furnished the Government at the a4einiice location which may
contain a lower rate or conditions more favorable to the Government for such
claw of service, the .Contractor shall forward to the Contracting Officer a
copy,of ouch rate schedule or amended rate schedule within fifteen (15) days
after the effective date thereof, and upon receipt of written request from
the Govern=nt, shall substitute such rate schedule or am -ended rate schedule
for the rate schedule then in effect hereunder for ouch service location,
cou=ncing with the billing period in which ouch Written request to received.
(ii) Subject to paragraph (a) of this clause, in the event of
a permanent change in the class of service furnished the Government at the
service location, service shall, effective sixty (60) days after written re-
quest is made by either party or at such other time as may be agreed upon,
thereafter be furnished to such service location at the lowest available rate
schedule of the Contractor which is applicable to the class of service fur-
niahed following such permanent change.
6. OFFICIALS NOT -TO BENEFIT, No camber of or delegate to Congress,
or resident commissioner, shall be admitted to any share or part of this
contract, or to any benefit that may arise therefrom; but this provision
shall not be construed to extend to this contract if made with a corporation
for its general benefit.
7. COi►W= AGAINST COi3TIA'Y'.ENT FESS. The Contractor warrants that no
person or selling agency has bean employed or retained to solicit or secure
5 ,
DABE13'67 C 3 7 5 8
this contrnct upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee; excepting bona fide employees or bona fide
establi:; -- muercial or selling agencies maintained by.the Contractor for
the purpose of securing business. For breach or violation of this warranty
the Goverr_s-2nt shall have the right to annul this contract without liability
or in its discretion, to deduct from the contract price or considerntn,,
or otherwise recover, the full amount of such commission, percentage, broker-
age or contingent fee.
8. ASSIGNMENT OF CLADIS. No claim arising under this contract shall he
transferred or assigned by the Contractor.
9. 'i:r_T.CT LABOR. In connection with the performance of work under
this conrsac ,.the Contractor agrees not to employ any person undergoing
sentence impriaonment at hard labor.
10. Ef" L OPPORTUNITY. (The f;llorring article is applicable unless this
contract is exempt under the rules and regulations of the Secretary of Labor.
Exemptio.. include contracts and subcontracts (i) not exceeding $10,000,
(ii), not e::ceeding $100,000 for standard commercial supplies or raw materials,
and. (iii) under which work is performed outside the United States and no
recruitment of workers within the United States is involved.)
.During the performance of this contract, the Contractor agrees as follows:
1. The Contractor will not di>criminate against any employee or
applicant for employment because of race, creed, color, or national origin.
`line Contractor will take affirmativ_ action to ensure that applicants are
employed, and that employees are trzated duaitz employment, without regard
to their race, creed, color, or nataona' orgin. Such action shall include,
but not be limited to, the following: ergy loyraent, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of comp_nsaticz,; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and &pplicants for iv.ployment, notices to
be provided by the Contracting Officer setting forth the provisions of
this nondiscrimination article.
2. The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive considerati*n for eraploy�nent without regard to
race, creed, color, or national origin.
3. The Contractor will send tD each Labor unLon or representative of
workers with which he has a collectLva baas;.'ining syreement or other contract
or understanding, a notice, to be p ov ded lay the agency Contracting Officer,
advising the said labor union of wozice-3 ' representative of the Contractor's
commitments under this nondiscrimination article, .and shall post copies of
the notice in conspicuous places av,ileiae r:o er:ipl,Yyees and applicants for
employment.
L
DABE13'67 C 315 8
4. The Contractor will comply with all provisions of Executive Order
No. 11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor created thereby. .
5. The Contractor will furnish all information and reports required
by Executive Order No.,11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of 7,abor, pursuant thereto, and
Will permit access to his books, records, and accounts by the contracting
agency.and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulati•:ns, and orders.
6. ❑ the event of the Contractor's noncompliance with the nondis-
criminutl-, =:'icle of this contract or with, any of the said rules, regu-
lations, or orders, this contract ma,/ be carwelled, terminated, or suspended
in whole or in part and the Contractor may be declared ineligible for
further Government contracts in accoedance with procedures authorized in
Executive Order No. 11246 of September 24, 1965, and such other sanctions
may be io?osed and remedies invoked as provided in the said Executive Order
or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
7. The Contractor will include the provisions of paragraphs 1 through
6 in every subcontract or purchase oder unless exempted by rules, regula-
tions, or orders of the Secretary of Labor issued pursuant to section 204
of Executi-�a Order No. 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor.* The Contractor will
take such action with.respect to any subcontract or purchase order as the
contractin; a-ency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, that in the event
the Contractor becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the contracting
agency, the Contractor may request the United States to enter into such
litigation to protect the interest of the United States.
11. DISPUTES. (a) Except as otherwise provided in this contract, any
dispute concerning a question of fact arising under this contract which is
not disposed of by agreement shall be decided by the Contracting Officer,
who shall reduce his decision to writing and mail or otherwise furnish a
copy thereof to the Contractor. The decision of the Contracting Officer shall
be final and conclusive unless, within 30 days from the date of receipt of
*Vnless otherwise provided, the "Equal Opportuciity" article is not re-
quired to be inserted in subcontracts below the second tier, except for sub-
contracts involving the performance of "construction work" at the "site of
construction" (as those terms are defined in the Secretary of Labor's rules
and regulations) in which case the article must be inserted in all such sub-
contracts. Subcontracts may incorporate by reference the "Equal Opportunity"
article.
7
DABE13'67 C 3 7 5 8
such cc.,.., the Contractor mails or oth_rzise furnishes to the Contracting
Officer a written appeal addressee to the Secretary. The decision of the
Secretr_*.a ar his duly authorized representative for the determination of
such appeals shall be final and conclusive unless determined by a court of
comp
etent: jurisdiction to have been fraudulent, or capricious, or arbitrary,
or so grossly erroneous as necessarily to imply bad faith, or not sup-
ported by substantial evidence. In connection with any appeal proceeding
under this clause, the Contractor shall be afforded an opportunity to i>e
heard and to offer evidence in support of his appeal. Pending final deci-
sion of a dispute hereunder, the Contractor shall proceed diligently with
the performance of the contract ar.d in accordance with the Contrabting
Officer', decision.
(b) This "Disputes" clause does not preclude consideration of
law que tf.ons in connection with decisions provided for in paragraph (a)
above; ,:Sed, that nothing in this contract shall be construed as making
final ti -c decision of any administrative official, representative, or board
on a grec.tlon of law.
12. GRATUITIES, (a) The Government may, by written notice to the
Contractor, terminate the right of the Contractor to proceed under this
contract if it is found, after notice and hearing, by the Secretary or his
duly authorized representative, that gratuities (in the form of entertain-
ment, gifts, or otherwise) were offered or given by the Contractor, or any
agent or representative of the Contractor, to any officer or employee of the
Government with a view toward securing a contract or securing favorable
treatment with respect to the awarding or amending, or the making of any
determinations with respect to the performing of such contract; provided,
that the existence of the facts upon which the Se--retary or his duly
authorized representative makes such findings shall be -in issue and may
be reviewed in any competent court,
(b) In the event this contract is terminated as provided in
paragraph (a) hereof, the Government shall be entitled (i) to pursue the.
same remedies against the Contractor as it could pursue in the event of
a breach of the contract by the Contractor, and (ii) as a penalty in
addition to any other damages to which it may be entitled by law, to ex-
emplary damages in an amount (as determined by the Secretary or his duly
authorized representative) which shall be not leas than three nor more
than ten times the costs incurred 3y the Contractor in providing any such
gratuities to any such officer or employee.
(c) .The rights and remedies of the Government provided in this
clause shall not be -exclusive and are in addition to any other rights and
remedies provided by law or under this contract.
I
DABE13'67 C 3 7 5 8
13, tIku�I'ITIONS. As used thio ;hou: : ds contract, the following terms
e'_:all TY�: - `.'.te meanings set forth 6_lcr:t
(a) The term "head of the agzncy" or "Secretary" means the
Secretary, the Under Secretary, any Aacistaut Secretary, or any other head
or assistant head of the executive ar military department or other Federal
agency; and the term "his duly autha_ized representative" means any perean
or persons or board (other than the Contracting Officer) authorized to eat
for the head of the agency or the Secretary,
(b) The term "Contracting Officer" means the person executing
this cot, :act on behalf of the Gover=ent, and any other officer or civilian
ery,loyee ..ho is a properly designated Contracting Officer; and the term
includes scept as otherwise provided in this contract, the authorized
represen: - a of a Contracting Officer acting within the limits of his
authority.,
(c) Except as otherwise provided in this contract, the term
"subcontracts" includes purchase orders under this contract.
14. CONTFLICTS. To the extent of arty inconsiutency between the pro-
visions of this contract, and any schedule, rider or exhibit incorporated
in this contract by reference or othen,ise,.or any of the Contractor rules
and regulations, the provisions of this contract shall control.
IN WITNESS WHEREOF, the parties hereto have executed this contract as
of the day and year first above written.
:2>E
METED STAPES OF. AMERICA
HELEN WTKORTON
Contracting Officer
CIT1 OF SALYIIA, SALINA KANSAS
APPROVED . _-_—`-i-
�iDet C. M. WE P,. JLL
rp_�eputy Army Power Procurement Officer BY
City Manager
APPROVAL CLAUSE
This contract is subject to the manual approval of the Department of
the Army Power Procurement Officer or his duly authorized representative
and shall not be binding until so approved.
d
Exhibit "A"
Attached to and made part of
Contract No. DABE13-67-C-3758
SEWERAGE SERVICE SPECIFICATIONS
s
1. PREMISES TO BE SERVED: Schilling Manor Sub -Post, Salina, Saline
County, Kansas
2. ESTIMATED SERVICE REQUIREMENTS:
Estimated annual volume: 127,750,000 Gallons
(The Government is in no way obligated to deliver nor is it re-
stricted to the above estimated requirements.)
3. SERVICE TO BE RENDERED: Contractor shall furnish a sanitary sewer
connection and sanitary sewerage service as required by the Government
and shall receive, carry, treat, and dispose of all sanitary sewage
originating at the project in such amounts as the Government desires to
release into Contractor's sewer system and in a manner and by such means
as will constitute no hazard to the public health. Contractor shall
operate its sewage disposal and treatment facilities in conformity with
applicable laws, rules, and regulations promulgated by State and Federal
governmental authorities. The contractor shall inspect for proper func-
tioning of pumping equipment, Control system, electric motors and other
appurtenances within each of the two sewerage lift stations providing
services at Schilling Manor Sub -Post daily, and report the mal-function—
ing of equipment to the contracting officers representative for inspec-
tion.
4. SERVICE LOCATION: The sewage shall be delivered to Contractor by
the Government at Schilling Manor Sub -Post at the discharge point of the
two (2) force mains of the lift stations where they enter the manholes,
and where the building sewer line or lines of building 348, 372,381, 381e,
448, 455, 495, 5950 656, and 670 enters a sewer manhole or the sewer
main line located between two manholes.
5. SIZE OF SEWER TO SERVICE LOCATION: FOUR INCHES DIAMETER AND LARGER.
6. BILLING METHOD: The rates
Locations shall be as follows:
Bldg No _
i
to;be charged at each of the Service
Rate - Exhibit B Method of Billing
348
Inside
Conjunctive
372
Inside
Single
381
Inside
Single
381E
Inside
Single
448
Inside
Single
455
Inside
Single
495
Inside
Single
595
Inside
Single
656
Inside
Single
670
Inside
Single
Family Reg
Outside
Conjunctive
7. ALTERATIONS AND ADDITIONS: None.
1
nthibit "B"
Lttached to and made part of
Contract No. DABE13-67-C-3758.
CITY OF SALINA, WATER AND SEWERAGE DEPARTMENT
Sewer Use Rates Effective.Jan. 31, 1962
*Inside city rates except for multiple living; units of four or more
in number served by a master water meter:
First 500 Cu'. Ft, or 3,750 Gals. $,1.35,pg _month minimum.
@ 270 per C Cu..Ft. or 360 per M.Gals;"..,' _
Next 500 Cu. Ft, or 3,750 Gals.
@ 220 per C Cu. Ft. or 29.330 per M Gals. _ $1.10.
Next 1,000 Cu. Ft, or 7,500 Gals.
@ 200 per C Cu. Ft, or 26.66p per M Gals. - $2.00.
Next 3,000 Cu'. Ft, or 22,.500 Gals.
@ 160 per C. Cu. Ft, or '21.330 per M Gals, - $4.80.
Next 15,000 Cu. Ft, or 112,500 Gals.
@.120, per C Cu. Ft, or 16e per .M Gals. - $18.00.
fS 000. .
Next 20,000 Cu. Ft, or 12 500Is.
.
@ 84 per C Cu. Ft, or 660 per M Gals. - $16.00.
Next 40,000 Cu. Ft, or.300,000 Gals.
@ 60 per C Cu. Ft, or 8c per M Gals. - $24.00.
Next 70,000 Cu. Ft, or 525,000 Gals.
@ 40 per C Cu. Ft, or 5,330 per M Gals, - $28.00.
All over 150,000 Cu. Ft, or 1,125,000 Gala.
@ 20 per C Cu. Ft, or 2.660 per M Gals.
*Multiple living units of four or more units, served by a master water
meter, effective July 1, 1963:
First 5CJ Cu. Ft, or 3,750_Gals. $1,35 per month minimum.
@ 27� per C Cu. Ft, or 360 per M Gals,
All over 500 Cu. Ft."or 3,750 Gals.
@ 220 per C Cu; Ft, or 29.,33$ per M Gals.
Outside city rates, except in cases of a special contract, are double
the minimum plus 25% additional for all in excess.of the minimum.
DABE13'67 0 3 7 5 8
PROCEDURE OF DETERMINING FEES
The sewer use fee is refigured annually and remains constant starting with the
July billing through the following June,
RESIDENTIAL:
For each residence of less than four :nits served by a master water meter and
discharging waste to the sanitary sewer system, the sewer use fee is based on -
the average monthly water consumption according to the meter reading of Janu-
ary, February, and March. The sliding scale of the attached rate schedule ap-
plies..
MULTIPLE D6IELLms SERVED BY MASTER WATER METER:
The eawer.use fee for Licensed Apartment Houses and Mobile Home Courts of four
or more units, served by a master water meter or cetera, is based on the average
monthly water consumption according to the meter readings of January, February,
and March.
I
RESIDENCES NOT CONSUMING CITY WATER:
Reeidencea not consuming city water, but which are served by the sanitary sewer
system orn charged a flat monthly fee of $1.50.
COMMERCIAL AND 'INDUSTRIAL:
The sever use fee for Commercial and Industrial water consumers served 1:y the
sanitary sewer system is based -on the average monthly water consumption of the
previous calendar year. The aliding.scale of the attached rate schedule apr
plies. --
COMNERCLAL AND INDUSTRIAL CONCERNS NOT CONSUMING CITY WATER:
Engineering surveys determine the sewer use fee for commercial and industrial
concern served by the sanitary sewer but using water from a source ottler than
the city,
i
SPECIAL LL:jdANCES:
For conoumnrs where at least 25% of the water consumed does not eventually
reach the sanitary sewer system, allowance is made in determining the sewer
use fee. '
COMMERCIAL AND INDUSTRIAL CONCERNS CONSUMING WATER IN ADDITION TO CITY WATER:
Engineering surveys determine the sewer use fee in cases where water consumed
from other sources exceed water purchased from the city by at least 25%.
If the quantity or type and character of such sewage discharged into such system
shall reuder it difficult to establish a fair and equitable sewage service charge,
the customer shall at his sole cost and expense install and maintain in good
operating condition suitable meters or measuring and sampling devices of standard
type and design as required to determine the characteristics of the sewage, at
the appropriate point or points as are necessary to properly measure the cus-
tomers' sewage discharges and shall permit the City to read such meters, meas-
uring or sampling devices, and sewage charges for such customer shall be estab-
lished in.accordance with such metering records and/or sampling devices.
ounim CITY RATES:
outside city rates, except in cases of a special contract, are double the
minimum plus 25% additional for all in excess of the minimum.
gmlegetla+n Ib.:41
ALRGD-P
PURCHASING AND CONTRACTING DIVISION
Fort Riley, Kansas
1 B AW 1966
SUBJECT: Contracting Officer's Representative (Supply and/or Service
Contracts)
TO: I st 1,11g1AM1'
Pon si ,FRM
1. Reference Contract Nr. 0=1147407" . Under the provi-
sions of Paragraph 1-451, Army Procurement Procedure, revised 31 January
1962, you are hereby designated to act as authorized representative of
the Contracting Officer .for this contract, effective as of i 11"t 1966 .
2. This authorization does not impower you to execute or agree to
any contract or modification thereof.
3. You are hereby authorized to:
a. Supervise contract performance.
b. Conduct inspections pertinent thereto.
c. Place orders against the contractor for supplies or ser-
vices as included in the terms and conditions of the contract and for
which an obligation of funds has been recorded.
4. You will notify the Contracting Officer of any failure on the
part of the Contractor to comply with the terms and conditions of the
contract or failure to make progress so as to endanger contract per-
formance.
5. You will notify the Contracting Officer of any failure on
the part of the Government to meet its obligations under the terms and
conditions of the contract.
1.� 64)�
IMM
Contracting Officer
FR 29 JUN w FL 231
RESOLUTION NO. Z j Dj-�
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
SALINA, KANSAS, AND THE UNITED STATES OF AMERICA RELATIVE TO
PROVIDING SEWERAGE SERVICE FOR SCHILLING MANOR SUB -POST.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SALINA,
Section 1. That the proposed contract between the City.of
Salina, Kansas, and the.United States Government, identified as
Contract No. DABE13-67-C-3758 relative to the furnishing of
sewerage service by the City of Salina, Kansas, to the Schilling
Manor Sub -Post near Salina, Saline County, Kansas, be and the
same is hereby approved.
Section 2. That the City Manager and -the City Clerk be and
they are hereby authorized and directed to execute said agreement
on behalf of the City of Salina, Kansas.
Adopted by the Board of Commissioners and approved by the
Mayor this day of October, 1966.
Mayor
ATTEST:
City Clerk
Gtty.af Sallna,.
Salina„ KWAM IAN
Gentlemen:
DEPARTMENT OF THE ARMY -
HEADQUARTERS FORT RILEY
FORT RILEY, KANSAS 66442
a MrA low
Attached is your copy of Contract Number GAU1 `df+-* M .
ibdifjwtI=; 00.
Please acknowledge receipt, as Indicated below, and return this letter .
to Purchasing and Contracting Division, Bldg #1179. Fort Riley, Kansas 66442.
Sincerely,
xZ.
I Incl HELEN rrlwM
as Contracting Off loop
RECEIPT ACKNOMLEDGED:
Signature
( itle/Positio
FR 29 Nov S7 FL 76 (REVISED)
-Yp -G
(Date)
STANDAW FORM 30, JULY 1966
GENERAL SERVICES ADMINISTRATION
PAGE Of
JMM DMBNT OF SOUCITATION/MODIFICATION OF CONTRACT
IED. PROC. Til. ldl.CR) 1-Ia101
1.
1. AMOA /MODWKAT10N NO.
2. EFFECTIVE DATE
3. REWISIITON/P ROIASE REQUEST NO.
N. PROJECT NO. (if owic.A/e)
S. ISSUED by CODE
6. ADMINISTERED RY (7j orbrr doer block S) CODE
PurdmlN and Contracting Division
Fost ta®taeer
Building 179
Building to?
Fort May. noun 66W
Fbrt RI toy$ Ilu wu 66M4!
7. CONTRACTOR CODE I FACIUTY CODE
S.
NAME AND ADDRESS
AMFNDMEW OF
❑ SOMMATION NO.
rr
I
City o Salas
DATED ($TS blink 9)
(S~.. city.
M Salinas tasaas
Ileum
! +
IN4611lMlls A-375/
sed ZIP
CT/Offilm NO.
Cole)
LDATED
.o...�!
o19VW (Sr, blink If)
9. THIS BLOCK APPLIES ONLY TO AMENDMENTS OF SOLICITATIONS
❑ IM obese rewbwed dlelali.n N arerdd as r farts in block 12. Tho hour and dob %"CAW fm r.mhpt d or.. ❑ I. eMaded, ❑ is tri .alanMd.
OR.. mw admewlodpo wwip d M4 amadmwt prbr b Me hm sed dol. sprtlfld b Xr rolkislian, m m onmridsd, by ow of tir 1a11vrrin0 metirb:
(a) W dpdng and r.hmnb/ .Yin. d Mis om.sch is 4 (b) by ocknmAadging .0 of this omendm.m on --ch copy of An -IN' submiMad: or (c) By sessional. led., or tol..wm
which Indudw o mf.wnw b M. sdicimi n and am.ndm.nt wmb... FAILURE OF YOUR ACKOWLEDGMENT TORE RECEIVED ATTIRE ISSUING OFFICE PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. 11, by virtuo of tion amondmM yw chasm to clrrpe an olbr already wbmided, inch chane may be mode by hologram
m learn, pa.idM such blomam m loNm mdse nlb.nw b 1M sdiciMbn aid MIs om.ndm.N, and b received mim b Me otsmrhq bran and dal. spociR.d.
10. ACCOUNTING AND APPROPRIATION DATA (If snq&hd)
11. THIS SIOO( APPLIES ONLY TO MODIFICATIONS OFF CONTRACTS/ORDERS -
(al n This chosR. Order is i.med sn,soci to ♦he CbWas 610000 elf the 6002=2 -
Th. Chripm on kdh M block 12. nada b tin obese numbered wrdroct/md.r.
(til ❑ This above wmb.r.A . a od/oder is modi8.d In roR.d tin administrative drnp.a (adv m chant'.s in paying dRw, appropriation dojo, .tc.) sot fords to bbd 12.
(cl ❑ This SapplwmMal A/r.wm.M is enl.rod into wissiod to wthwiry of
IT dif.. His above wmb.r.d cae6an m sd Ymtb in block 12.
12. DESCRIPTION OF AMENDMENT/1,101Os1CATON
I. Building No. 3$96 SWIM* Nanor Religious Centert is hereby added to peragraph 66
BILLING MUM of the WITBR $9WIC1 SPECIFICATIONS Whit '%"6 of the COMgKt. 14
the following urs ar to reitalve performoaae of.servite under.tbe terms sad ooadltlons
of the sontratu
Aida qo. ghee of go-tot No. of Netera mg - "Iblt B N}W Of Bllltaa
959 Z" i Inside Single
2. The estimated mumml oonsumptios under the ®entreat Is Increased In the 1meeWt of
1886000 goltoas from 1589309600 to 158.672 000 ggaallons. The estimated srmual Cost of
the *estreat to I�ressw In the amomat of i16W-0,0 from $67.777.00 to =69.503.00.
Ese.p as movidod hmdn, all Nims sed emrdlioo, of she daeemom rdsrerm in block R, as hw.bM. dtmpoll, sorb rn dressed and F full fore and eGeet.
•13. CONTACTOR/OFFEROR IS NOT REWIRED
CONTRACTOR/OFFEROR IS REQUIRED 70 SIGN THIS DOCUMENT AND RENRIcCONES i0 ISSIIMG OFFICE
E]TO
636 SIGN THIS DOCUMENT
Id. NAME OF CONTRACTOR/OFFEROR
17. UNITED STATIS Of AMERICA
1
BY
n .�
(�• dran pwoulbdssi sip)
(Sigmas, d Goat / )
IS. NAME AND TITLE OF SIGPQR (T3., so, Print)
16. DATE SIGNED
16. NAME OF CONTRACTING OFFICER (TYPw mOrinr)
19. DATE SIGNED
NEW W0117011
07PAW
3G-101-01 . u.s, sww.aosr rein." mrbc :
PURCHASING AND CONTRACTING DIVISION
Fort Riley, Kansas
0
Mr. Norris O. Olson
C i ty 144ngger
CIRtyy Hail Building
Sa11aas KOM" 61401
�i&"t 1961
(Date)
Re Contract Nr. OAM0.67004757
+sad. Nod No. 1
Attached is your copy of Contract Nr.,0AM3 R�! w r �.
and Nod x.11
Please acknowledge receipt, as.indicated below, and return
letter to this office.
e
Yours very truly,
1 Incl
1. Contraot Nr.
OSIBB13067w C*3757
OW Nod pia. 1
RECEIPT ACKNOWLEDGEDs
Signature
FR22Jun 59 FL 76
ofto8 WORYON
Contracting officer
ot
i
_.rfCf" i
STANDARD FORM,30,JULY 1966
GENERAL SERVICES ADMINISTRATION
1 PAGE OF
AMENDMENT OF SOLICITATION/MODIFICArIION OF CONTRACT
FED.PROC. REG. 441 CFRI 1-16.101
1. AMENDMEEN/Tk/MORIGTION NO.
]. EFFECTIVE DATE
S. REQUSN/PURCHASE REQUEST NO.
ITIO
4. PROJECTNO. (IfappErabk)
WVt
S. ISSUED BY CODE
6. ADMINISTERED BY (If otbn'Aon block 5) CODE
Purchasing & Contracting Division
Post Engineer
Building 179
Building 187
Fort Riley. Kansas 66442
Fort Riley, Kansas 66442
L CONTRACTOR CODE FACIU7Y CODE
e.
NAME AND ADDRESS
AMENDMENT OF
❑ SOLICITATION NO.
1
City of Salina
DATED (So black 9)
(Stmt, city.
scene,Satins, Kansas
commily,sad
OF
DA I3..67.C_37
ZIP
Cade)
CODIFICATION
NTRACT/ORDER NO.
L J
DATED OiSEP66 (Se black if)
9. THIS BLOCK APPLIES ONLY TO AMENDMENTS OF SOLICITATIONS
❑This abew numbered saliaboimr is amended as at forth in Nock 13. The hour and dole specified for receipt of Offers ❑ u extended, ❑ is net extended.
Oflerom area acknwledae receipt el this emendment prior to the hour and date specified in the alicitai o in emended, by one of the fallowing methods:
Ian By signing and ntumbg—spies of this amendment; (b) By acknowledging rxeipt of this amendment on each copy of the offer submitted; or (c) By seporMe letter or telegram
which includes a reference to the solicitntian and amendment ..be,,. FAILURE OF YOUR ACKOWLEDGMENT TO BE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION Of YOUR OFFER. If, by virtue of this amendment you desire to change an of, .Inody submitted, such rhro, may be made by telegram
or letter, provided such Mepron or better makes reference to the solicitation and this amendment, and is oceived prior to the opening bur and dote specified.
10. ACCOUNTING AND APPROPRIATION DATA (If requined)
11. THIS BLOCK APPLIES ONLY TO MODIFICATIONS Of CONTRACTS/ORDERS
(aI ❑ This Change Order is issued pursuant to
' the Chomps art forth in bbd 17 are made to the also . numbered controdleader.
(b) The above numbered comrad/order is modified to reflect to adinmishame cla n,o (Sud as chmges in paying ofRn, appropriation clot., etc.) art forth in block 12.
q❑p
(Q This Supplemental Agreement is entered into pursuant b authority of Ia BBQa�9304 it 0)
It modifies the above numbered contract as set forth in block 12.
13. DESCRIPTION OF AMENDMENT/MODIFICATION
1. The pages of the basic contract, pages 1 through 9. are hereby assigned the
contract form number and date OA Form 1229oR. 1 May 58.
2. Exhibit IWIR WATER SERVICE SPECIFICATION,paragraphs I through 8, is hereby
assigned the. contract form msnber and dote, DA Form 1235•R, I Dae 54.
3. Since Building 495 has reverted to the City of Saline, effective 31MR670 all
reference thereto in the contract and service #peeificatlons are deleted. This
deletion will not materially change the estimated annual Consumption or Cost of the
Contract.
4. The ESTiM IE0 ANINIAl. COST of the contract, set forth on page I, DA Form 1229"IR,
Is hereby Increased from $67,177.00 to $67.777.00. .
So In the WATER SERVICE SPECIFICATIONS, Exhibit nAu, to the contract► the follow-,
in* additions and deletions are hereby made:
I
Except les provided Mrain, all terms and conditions of the document reterenced in black R, as he fo duped, remain undaryHd ant in full fora and effect.
13. CONTRACTOR/OFFEROR IS NOT REQUIRED VE/ IS RETURN COPIES TO ISSUING OFFICE
6 1'O SIGN MIS DOCUMENT 99 OMRACTOR/OFfEROR IS REQUIRED TO SIGN 1X15 CU
14. NAME CM/OFFEROR
1y. UNITED STATES F AMERICA
MCON
BY L�Dil+�+>�—
pY �C.
Y.
(Sp:eNre of penes au—asd to si,n)(Si-aron
of Contriteness Officer)
IS. N AND TITLE OF SIGNER (Type or print)
DA SIGNED
18. NAME OF CONTRACTING OFFICER (Type or print)
19. DATE SIGNED
NF, D. OUON
116.
/o C7
I18it" M11u011
16A1186i
City Manager
30-101-01 it We. aorERlr.eaT Pollymill arnce : ICFF 0 -os -on
i
\
MODIFICATION NO. 8801 TO CONTRACT MISER OA81113-6741-3757
Page 2
a. Paragriob, 3. SERVICE LOCATIONS# is
hereby deleted let
its entirety
and the following Is substitu"d In ilau thereof:
1/SERVICE LOCATIONS: The service toeations
of water shell
bel Schi1»
Ting Marcor Sub*Post water distribution system at .the three slater loestlWo
and to the. meter loaptienS of Buildings Hos. 65. 3480 364. 361,, 3651 372,
3810 381E. 448,, 455. 595. and 6$6.91
b. 'Paragraph 6. MMA1101 AND 81LLIW*
is hereby deleted
In Its
entirety and the following Is substituted in lieu thereofs
/ HETERIM AND BILLOW 'Waist will be measured thru sisters at the
service icestlons and billed 111 acaordanco with
the following Schedules
Hathod
Rate.
of
Dila
Slee er h elf_listars
gAlklk 8
Billtm
_v 65•
l
}llei40
StGQ�e
94811
x
Inside
Conjunctive
360
211 1
Inside
Single
- 361
111 t .
inside
single
_365
grt 1
inside
Single
312'
111 1
Ir:slde
Single
,381
2t1 1
Inside.
(Conjunctive
to
� }
9/01 i
Inside((Conjurettva
381E)
P1 1
inside
(((=junctive
448
211 1
inside
Single
,455
211 1
inside
Single
595
211 1
inside
Single
--, 656
2t1 1
Inside
Stngie
Ramlly Housing 811 3
Outside
Conjunctive
214 3
Outside
Conjunctive 1.
w
MODIFICATION NO. 0001 TO CONTWT NUMBER DADE13-67-C-3757 Page 3
A. an the contract, paragraph 10, EQUAL OPPORTUNITY, is hereby deleted
in its entirety and the following parahraph 10 Is substituted in Ilau thereof:
'110. EQUAL OPPORTUNITY
(The following clause is applicable unless this contract is
exempt under the rules and regulations of the President's Committee an Equal
Employment Opportunity (41 CoV,A. Chapter 60). Exemptions include contracts
and subcontracts (1) not exceeding $10,000, (11) not exceeding $100,000 for
standard commercial suppllee or raw materials, and (111) under which work
Is performed outside the United States and no recruitment of workers within
the United States is Involved.)
During the performance of this contract, the Contractor agrees as
fol Ion:
(a) The Contractor will not discriminate against any employee
or applicant for employment because of race, creed, color, or national origin.
The Contractor will take affiromatlye action to ensure that applicants are
employad, end that employees are treated during employment, without regard to
their rata creed, color, or national origin. Such action shall include but
not be limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment adyertlsingi layooff or termination rates of pay
or other hems of c:m►penaatloni and selection for training, incidding apprentice-
ship. The Contractor agrees to post In conspicuous places, avaliable to
employees and applicants for 4sploymento, notices to be provided by the Con-
tracting Officer setting forth the provisions of this nondiscrimination clause.
(b) The Contractor will, in all solicitations or advertisements
for employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive constderotlon for employment without regard
to race, creed, color, or national origin. .
(c) The Contractor will send to each labor union or represents- .
Live of workers with which he has b collective bargaining agreement or other
contract or understanding, a hotice, to be provided by the Agency Contracting
Officer, advising the said labor union or workers' representative of rhe
Contractor's'egmmitments under this nondiscrimination clause, and shall post
copies of the notice to conspicuous places aveliable_to emplayees and applicants
for employment.
(d) The Contractor will comply with all provisions of Execu-
tive Order No. 10925 of March 6, 1961, as amended, and of the rules., regulations,
and relevant orders of the President's Cawd tteo an Equal Employment Oppor+.
tunny created thereby.
MODIFICATION NO. 0001 TO CONTRACT NUM9ER PASE13-67-C-3757 Page 4
(e) The Contractor will furnish all Information and reports
required by Executive Order No. 10925 of Mereh 6, 1961, as amended, and
by the rules, regulatlorns, end orders of the said Committee, or pursuant
thereto and will permit access to his bodes, records, and accounts by the
contracting agency and the Committee for purposes of investigation to as-
certain compliance with such rules, regulations, and orders.
(f) In the event of the Contractor's noncompliance with Cha
nondiscrimination clause of this contract or with any of the said rules,
regulations, or orders, this contract may be cancelled, terminated# or
suspended to whole or In part and the Contractor my be declared ineligible
for further.Govarnment contracts in occordanee with procedures authorised In
Executive Order No. 10925 of March 6, 196% as amended, and such other
sanctions may be deposed end rowdies Invoked as provided in the sold Executive
Order or by rule, reguletlon, or order of the president's Committee on Equal
Eoployment Opportunity, or as otherwise provided by law.
The contractor will Include Rha provisions of paragraphs
(a) through (g In every subcontract or purchase order unless exempted by
rules, regulatlons,-or orders of the President's Committee on Equal Employment
Opportunity Issued pursuant to section $03 of Executive Order No. 10925 of
March 6, 101, as amended, to, that provisions alit be binding upon each
suboontractar or vendor.* Tho Contractor wf11 take such action with respect
to any subcontract or purchase order as the contracting agency nay direct as a
means of enforcing such provisions, Including sonttlone,for noncompliance:
Provided, however that In the event the Contractor becomes Involved in, or Is
threatened with, holgatlon with a subcontractor or vendor aS a result of sash
direction by contracting agency, the Contractor may request the United States
to enter into tuck litigation to protect the Interest of the United States.
. Aimless otherwise provldad, the "Equal Opportunity" Clause is not
required to be Inserted In subcontracts below tier second tier, except for
subcontracts involvinng the performance of "construction world' at the "site
of construct 1 *01 las those terms are defined in the Committee's rules and
nmulattens),In which case the clause .must be inserted to all such subcontracts.
8ubcontrests may Incorporate by reference the "Equal Opportunity" clause."
7..The fallowing representation Is hereby mAdo a part of Contract
No. DAM 1$w67 -C-$ 757:,
"The offeror represents that he ) has, has not, participated
in a previous contract or subcontract tbbjoct to'elftr the Equal Opportunity
clause hereto or the ct a grlgjnsliy contained in section 301 -of Executive
Order 109251-tdat he ( ) has,e�i6Cfi has riot, filed aft required compliance reports;
and that representations Indt t ng submission of required compliance reports,
signed by proposed subcontractors will be obtained prior to subcontract awards.
(Tie above representatlon need not be submitted In connection with contracts
or subcontracts which are exempt frogs the clause.)
MODIFICATION N0. 0001 TO CONTRACT NUMBER DAOE1347-C-3757 Page 5
8. The following changes, are hereby made In the clause and representation
set forth in paragraphs 6 and 7 above:
EQUAL OPPORTUNITY
(a) The "Equal OpportuntWI clause In paragraph 6 above is emanded
by deleting references to the President's Committee on Equal Employment
Opportunity, Executive Order 10925 of March 6, 19610 as amended, and Section
303 of Executive Order No. h0925 of March 6. 1961, as amended. and substituting
therefor the Secretary of tabor. Executive Order No. 11246 of September 24,
19651 and Section 204 of Executive Order 11246 of September 24. 1965, respectively.
(b) The Equal Opportunity representation In paragraph 7'above 1s
amended to Insert after the reference to "Executive Order IO925" the fallowing:
"or the clause cogtained in Section 201 of Executive Order No. 11114."
(c) lit accordance with .regulations of the Secretary of tabor. the rules.
regulations. orders. instruct#onso designations, and other directives Issued
by the PresidentIs Committee on Equal Employment Opportunity and those Issued
by the heads of various departments or agencies under or pursuant to any of
the Executive Orders superseded by Executive order 11246, shall, to the extent
that they are not inconsistent with Executive Order 11246, remain in full
force and'effect unless and until revoked or superseded by appropriate
authority. References in such directivas t0•provlslam of the superseded orders
shall be doomed to be references to the comparable provisions of Executive
Order 11246.
N
Contract No. DABE13-67-C-3757
DEPARTMENT OF THE ARMY
NEGOTIATED WATER SERVICE CONTRACT
PREMISES TO BE SERVED: Schilling Manor Sub -Post, Salina, Saline County,
Kansas
CONTRACTOR: City of Salina, Salina, Kansas
PREMISES ARE: Government caned
ESTIMATED ANNUAL DOST HEREUNDER: $67,177.00)
CONNECTION CHARGE: None
BILLS WILL BE RENDERED TO: Post Engineer, Fort Riley, Kansas
PAYMENTS WILL BE MADE BY: Finance and Accounting Officer, Fort Riley,
Kansas
This negotiated contract is made pursuant to the provisions of
(10 U. S. C. 2304 (a) (10)).
APPROPRIATIONS CHARGEABLE: 21-9770700 55-1003 P1910-23 514-040;
Contract No. DABE13-67-C-3757
DEPARTMENT OF THE ARMY.
NEGOTIATED WATER SERVICE CONTRACT
THIS CONTRACT, entered into as of 9-1-66 , by and between the
MUTED STATES OF AMERICA, hereinafter called the Government, represented by
the Contracting Officer executing this contract, and The City of Salina,
whose address is Salina, Kansas, hereinafter called the Contrictor,
WITNESSETH That the parties hereto do mutually agree as followst
1. SCOPE AND TERM OF CON'iVACT, (a) Subject to the terms and condi-
tions hereinafter set forth, the Contractor shall sell and deliver to the
Government and the Government shall purchase and receive from the Contrector
water service (hereinafter called service) requested by the Colrernment from'
the.Contractor at the premises to be served hereunder (herein`ter called
the service location), all in accordance with water Service Spacificatiors
attached hereto and made a part hereof, and identified as Exhibit "A".
(b) This contract shall continue.in effect until ten inated at the
option of the Government by the.giving of not leas than ninety (90) days'
advance written notice of the effective date of termination.
(c) (i) For and in consideration of the faithful performance of
the stipulations of this contract, the Contractor shall be paid by the
designated disbursing office or officer for service herein c(ntracted for,
at the rates and under the terms and conditions herein set faeeth in this
contract for the billing period in which commencement and te•isination o:
this contract shall become effective.
(ii) The Contractor hereby declares that said rates are not in
excess of the lowest rates now available to any prospective customer under
like conditions of service, and agrees that during the lira of this contract
the Gov-rnment shall continue to be billed at the lowest scs.ilable rate for
similar conditions of service.
(iii) Recognition is given to the fact that the Government
fiscal year ends on 30 June. Payments hereunder shall be contingent upon
the availability of appropriations therefor, and shall not be made in advance
of service rendered,
(iv) All bills for service shall be paid w,thout penalty or
interest and the Government shall be entitled to any disc vents customarily
applicable to payment of bills by all customers of the 0 ntractor,
2
i�
Contract No. DABE13-67-C-3757
DEPARTMENT OF THE ARMY.
NEGOTIATED WATER SERVICE CONTRACT
THIS CONTRACT, entered into as of 9-1-66 , by and between the
MUTED STATES OF AMERICA, hereinafter called the Government, represented by
the Contracting Officer executing this contract, and The City of Salina,
whose address is Salina, Kansas, hereinafter called the Contrictor,
WITNESSETH That the parties hereto do mutually agree as followst
1. SCOPE AND TERM OF CON'iVACT, (a) Subject to the terms and condi-
tions hereinafter set forth, the Contractor shall sell and deliver to the
Government and the Government shall purchase and receive from the Contrector
water service (hereinafter called service) requested by the Colrernment from'
the.Contractor at the premises to be served hereunder (herein`ter called
the service location), all in accordance with water Service Spacificatiors
attached hereto and made a part hereof, and identified as Exhibit "A".
(b) This contract shall continue.in effect until ten inated at the
option of the Government by the.giving of not leas than ninety (90) days'
advance written notice of the effective date of termination.
(c) (i) For and in consideration of the faithful performance of
the stipulations of this contract, the Contractor shall be paid by the
designated disbursing office or officer for service herein c(ntracted for,
at the rates and under the terms and conditions herein set faeeth in this
contract for the billing period in which commencement and te•isination o:
this contract shall become effective.
(ii) The Contractor hereby declares that said rates are not in
excess of the lowest rates now available to any prospective customer under
like conditions of service, and agrees that during the lira of this contract
the Gov-rnment shall continue to be billed at the lowest scs.ilable rate for
similar conditions of service.
(iii) Recognition is given to the fact that the Government
fiscal year ends on 30 June. Payments hereunder shall be contingent upon
the availability of appropriations therefor, and shall not be made in advance
of service rendered,
(iv) All bills for service shall be paid w,thout penalty or
interest and the Government shall be entitled to any disc vents customarily
applicable to payment of bills by all customers of the 0 ntractor,
2
r7
Contract No. 0ABE13-67-C-3757
(v) Invoices for service rendered hereunder shall contain
statements of the meter readings at the beginning of the billing period,
meter constants, consumption during the billing period, and such other
pertinent data as shall be required by the Government.
2. TECHNICAL PROVISION. (a) Measurement of.service.--(i) All service
furnished by the Contractor shall be determined from the:itiformation obtained
from -the water meters installed at each of the service locations. The Con-
tractor may at his option furnish and install a suitable meter of standard
manufacture to measure the quantity of the service without an adjustment of
rate, or rate application schedules. When more than a single meter is in-
stalled at the service location, the readings thereof shall be'billid'con.
junctively. In the event any meter fails to register or registers incor-
rectly the service furnished therethrough, the parties shall agree upon the
length of period during which such meter failed to register or registered
incorrectly and the quantity of service delivered.therethrough during such
period and, upon agreement, an appropriate adjustment based thereon shall be
made in the Government's bills. For the purpose of the preceding sentence,
any meter which registers not more than the allowable percent recognized by
The American Water Works Society for water meters slow or fast shall.be
deemed correct.
(ii) The Contractor, so far as possible, shall determine
from the water meters at periodic intervals of approximately thirty (30)
days the ouantity of service furnished. All billings based on meter .read.
ings of less than twenty-seven (27) days or more than thirty-two (32) days
shall be prorated accordingly.
(b) Meter Test. --The Contractor, at its expense, shall periodically
inspect and test the meters installed.by it, at intervals not exceeding one
(1) year. At the written request of the Contracting Officer the Contractor
shall make additional tests of any or all of such meters in the presence of
Government representatives., The cost of such additional tests shall be borne
by the Government if the percentage,of error is found to be not more than
the allowable percent recognized by The American Water Works Society for
water meters slow or fast. No meter shall be placed in service or allowed
to remain in service which has an error in registration in excess of the
previously stated percent under normal operating conditions.
(c) Change in volume or character. --Reasonable notice shall, so,
far as possible, be given by the Contracting Officer to the Contractor
respecting any material changes proposed in the volume.or characteristics
of the utility service required at each location.
(d) Continuity of service and consumption, --(i) The Contractor
shall use reasonable diligence to provide a regular and uninterrupted supply
of service at the service location, but shall not be ,liable for damages,
breach of contract or otherwise to the Government for failure, suspension,
3
DABE13'67 r, 3 7 5 7
diminution or other variations of service occasioned by or in consequence
of ani zn�ise beyond the control of the Contractor, including but not limited
to act,a of God or.of the public enemy, fires, floods, earthquakes or other
catastrophes, strikes or failure or breakdown of transmission or other facil-
ities; provided, that when any such failure, suspension, diminution, or
variet�on of service shall aggregate more than ten (10) hours during any
billing period hereunder, an equitable adjustment shall be made in the
monthly rates specified in this contract.
(ii) In the event the Government is unable to operate the
service location in whole or in part for any cause beyond its control,
Including but not limited to acts of God or of the public enemy, fires,
floods, earthquakes, or other catastrophes, or strikes, an equitable adjust-
ment shall be made in.the monthly rates specified in this contract if the
periou during which the Government is unable to operate such service'loca-
tion in whole or in part shall exceed fifteen (15) days during any billing
period hereunder.
3. RATES AND CHARGES. (a) For all service furnished under this con-
tract to the service locations the Contractor shall identify and invoice
separately and the Government shall pay the Contractor at the rate schedule,
as applicable, attached to and made a part hereof and identified,as Exhibit'.
ugn
j
(b) For purposes of chargee under paragraph (a) of this clause, any
demands due to faulty operation of, or excessive or fluctuating pressure on,
the Contractor's system shall not be included as part of the Government's
demand.
4. CONTRACTOR'S FACILITIES. `(a) The Contractor,'at its expense, shall
operate all facilities required to furnish service hereunder to.and measure
such service as of the point of delivery specified in the Service Specifica-
tions. Title to all such facilities shall not be transferred by or through
the use of this contract.
(b) The Government heret,y grants to the Contractor, free of any
rental or similar charge, but.sub;ect to the limitations specified in this
contract, a revocable permit to enter the service location for any proper
purpose under this contract, inclx%ding use of the site or sites agreed upon
by the parties hereto for the installation, operation, and maintenance of
Government-owaad facilities and the facilities of the Contractor required
to be located upon Government premises, at all times during the life of this
contract; and all taxes.and other charges in connection therewith, together
with all liability arising out of the negligence of the Contractor in the
construction, operation, or maintenance of such facilities shall be assumed
by the Contractor. Authorised, representatives of the Contractor will be
allowed access to.the facilities of the Contractor at suitable times to
perform the obligation of the Contractor with respect to such facilities.
4
DABE13'67 C 3 7 5 7
Such facilities shall be removed and Govera=nt premises restored to their'
original condition by the Contractor at its expense within a reasonable
time after the Government shall revoke the permit herein granted and in any
event within a reasonable time after termination of this contract. It is
expressly understood, however, that proper military -or Governmental authority.
may limit or restrict the right of access herein granted in any manner con-
sidared by ouch authority to be necessary for the national security.
5. ;aLIC REGULATION AND CUA M OF BITES. (a) Public reguration.--
Service furnished under this contract shall be subject to regulation in the
=armor and to the extent proscribed by law by any Federal, State, or local
regulatory co=iaoiou having jurisdiction. If during the tests of this con-
tract the public regulatory commission having jurisdiction lawfully approves
rates that are higher or rates that: are lower than these stipulated herein
for like conditions. of service, the Contractor agrees to continue to furnish
servics -i3 ctipulatad in this contract and the Government agrees to pay for
each t&r.: :.cc at, the higher or lower rates from and after the date when such
rates are s: oda effective.
(c)_ Change of ratos.--{i} Subject to paragraph (a) of this clause,
in the event the Contractor, during; the terra of this contract, shall make
offective any new rate schedule or a—nded rate schedule applicable to the
clans of sarvice furnished the Government at the service location which may
contain a lower rate, or conditions more favorable to the Government for such
class of service, the Contractor shall forward to the Contracting Officer a
copy of such rate schedule or amended rate schedule within fifteen (15) days
after the effective date thereof, n�id upon receipt of written request from
the Covcrea-nt, shall substitute sc:ch rate schedule or amended rate schedule
for the c•ata schedule then in effect hereunder for such service location,
cocrosacina with the billing period in which such written request to received.
(ii) Subject to paragraph (a) of this clause, in the event of
a pormancb change in the class of service furnished the Government at the
service ?oention, service shall, effective sixty (60) days after written re-
quest is rado by either party or at such other time as may be agreed upon,
thereafter be furnished to such service location at the lowest available rate
schedule of the Contractor which is applicable to the class of service fur.
nished following such permanent change.
6. OFFICIALS NOT TO BENEFIT. Bo member of or delegate to Congress,
or resident commissioner, shall be admitted to any share or part of this
contract, or to any benefit that may arise therefrom; but this -provision
shall not be construed to extend to this contract if made with a corporation
for its general benefit.
7. COVENABT AGAINST CWTIBGENT FEES. The Contractor warrants that no
person or selling agency has bean employed or retained to solicit or secure
5
DABE13'67 C 3 7 5 7
this co;:ract upon an agreement or understanding for a commission, percentage]
brokera.;e, or contingent fee; excepting bona fide employees or bona fide
establi gad commercial or selling agencies maintained by ,the Contractor for
the punose of securing business. For breach or violation of this warranty
the Government shall have the right to annul this contract without liability
or in its discretion, to deduct from the contract price or consideration, .
or otherwise recover; .,the full amount of such commission, percentage, broker-
age or contingent fee,
S. ASSIGNMENT OF CLAIMS. No claim arising under this contract shall be
transferred or assigned by the Contractor.
9. CONVICT LABOR. In connection with the performance of work under
this contract, the Contractor agrees not to employ any person undergoing
sentence of imprisonment at hard labor.
10. EQUAL OPPORTUNITY. (The following article is applicable unless this
contract is exempt under the rules and regulations of the Secretary of Labor.
Exemptions include contracts and subcontracts (i) not exceeding $10,000,
(ii) not exceeding $100,000 for staudard commercial supplies or raw materials,
and, (iii) under which work is performed outside the United States and no
recruitment of workers within the United States is involved.)
,During the performance of.this contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or
applicant for employment because of race, creed, color, or national origin.
The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated dutirg employment, without regard
to their race, creed, color, or national origin. Such action shall include,
but not be limited to, the following: eujiloyment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to
be provided by the Contracting Officer setting forth the provisions of
this nondiscrimination article.
2. The Contractor will, in all solicitations or advertisements for
employe;;:; 1.1rced by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to
race, creed, color, or national origin.
3. The Contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other contract
or understanding, a notice, to be provided by the Agency Contracting Officer,
advising the said labor union of workers' representative of the Contractor's
commitments under this nondiscrimination article, and shall post copies of
the notice in conspicuous places available to employees and applicants for
employmca'..,
2
DABE13'67 C 3 7 5 7
4, The Contractor will comply with all provisions of Executive Order
No, 11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor created thereby,
5, The Contractor will furnieih all information and reports required
by Executive Order No. 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, pursuant thereto, and
will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders,
6. In the event of the Contractor's noncompliance with the nondis-
crimination article of this contract or with any of the said rules, regu-
lations, or orders, this contract may be cancelled, terminated, or suspended
In whole or in part and the Contractor may be declared ineligible for
further Government contracts in accordance with procedures authorized in
Executive Order No. 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in the said Executive Order
or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
7. The Contractor will include the provisions of paragraphs 1 through
6 in every subcontract or purchase order unless exempted by rules, regula-
tions, or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order No. 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor.* The Contractor will
take such action with.respect to any subcontract or purchase order as the
contracting agency may direct as a means of enforcing such provisions,,
including sanctions for noncompliance: Previded, however, that in the event
the Contractor becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the contracting
agency, the Contractor may request the United States to enter into such
litigation to protect the interest of the United States.
11. DISPUTES. (a) Except as otherwise provided in this contract,,any
dispute concerning a question of fact arising under this contract which is
not dis-ancd of by agreement shall be decided by the Contracting Officer,
who shall _educe his decision to writing and mail or otherwise furnish a
copy thereof to the Contractor. The decision of the Contracting Officer shall
be final and conclusive unless, within 30 days from the date of receipt of
*Unless otherwise provided, the "Equal Opportunity" article is not re-
quired to be inserted in subcontracts below the second tier, except for sub.
contracts involving the performance of "construction work" at the "site of
construction" (as those terms are defined in the Secretary of Labor's rules
and regulations) in which case the article must be inserted in all such sub-
contracts. Subcontracts may incorporate by reference the "Equal Opportunity"
article.
7
DABE13 `67 C 3 7 5 7
such copy, the Contractor mails or otherwise furnishes to the Contracting
Officer a written appeal addressed to the Secretary. The decision of the
Secretary or his duly authorized representative for the determination of
such appeals shall be final and conclusive unless determined by a court of
competent jurisdiction to have been fraudulent, or capricious, or arbitrary,
or so grossly erroneous as necessarily to imply bad faith, or not sup-
ported by.substantial evidence. In connection with any appeal proceeding
under this clause, the Contractor shall be afforded an opportunity to be
heard and to offer evidence in support of his appeal. Pending final deci-
sion of a dispute hereunder, the Contractor shall proceed diligently with
the performance of the contract and in accordance with the Contrasting
Officer's decision,
(b) This "Disputes" clause does not preclude consideration of
law que.,ticns in connection with decisions provided for in paragraph (a)
above; provided, that nothing in this contract shall be construed as making
final the decision of any administrative official, representative, or board
on a question oflaw.
12, GRATMIES. '(a) The Government may, by written notice to the
Contractor, terminate the right of the Contractor to proceed under this
contract'if it is found, after notice and hearing, by the Secretary or`his
duly authorized representative, that gratuities (in the form of entertain-
ment,,gifts, or otherwise) were offered or given by the Contractor, or any
agent or representative of the Contractor, to any officer or employee of the
Governm:nt with a view toward securing a contract or securing favorable
treatment with respect to the awarding or amending, or the making of any
determinations with respect to the performing of such contract; provided,
that the e::istence of the facts upon which the Secretary or his duly
authorized representative makes such findings shall be.in issue and may
be reviewed in any competent court.
(b) In the event this contract is terminated as provided in
paragraph (a) hereof, the Government shall be entitled (i) to pursue the
same remedies against the Contractor as it could pursue in the event of
a breach of the contract by the Contractor, and (ii) as a penalty in
addition to any other damages to w:ich it may be entitled by law, to ex-
emplary damages in an amount (as determined by the Secretary or his duly
authorized representative) which scull be not less than three nor more
than tea times.,the costs incurred by the Contractor in providing any such
gratuities to any such officer or employee.
(c) .The rights and remedies of the Government provided in this
clause shall not be 'exclusive and are in addition to any other rights and
remedies provided by law or under this contract.
DABE13'67 C 3 7 6 7
13. DEFINITIONS. As used throughout this contract, the following terms
shall have the meanings set forth below:
(a) The term "head of the agency" or "Secretary" suns the
Secretary, the Under Secretary, any Assistant Secretary, or any other head
or assistant head of the executive or military department or other Federal
agency; :and the term "his duly authorized representative" means any person
or person.^- or board (other than the Contracting Officer) authorized to act
for the head of the agency or the Secretary.
(b) The term "Contracting Officer" means the person executing
this contract on behalf of the Government, and any other officer or civilian
employee who is a properly designated Contracting Officer; and the term
Includes, except as otherwise provided in this contract, the authorized
representative of a Contracting Officer acting within the limits of his
authority.
e) Except as otherwise provided in this contract, the term
"subcontracts" includes purchase orders under this contract.
14. CONFLICTS. To the extent of any inconsistency between the pro-
visions of this contract, and any schedule, rider or exhibit incorporated
in this contract by reference or otherwise, or any of the Contractor rules
and regulations, the provisions of this contract shall control.
IN WITNESS WHEREOF, the parties hereto have executed this contract as
of the day and year first above written.
"PROVED ...-..._........
d%��puty Army Power Procurement Officer
THE UNITED STATESOFAMERICA'
lay _ZfZJ,_
HELEN WHORTON
Contracting Officer
CITY OF SALINA, SALIVA KANSAS
BY
N. D. OIS011
City Manager
APPROVAL CLAUSE
This contract is subject to the manual approval of the Department of
the Army Power Procurement Officer or his duly authorized representative
and shall not -be binding until so approved.
9
Exhibit "A"
Attached to and made part of
Contract No. DABE13-67-C-3757
WATER SERVICE SPECIFICATIONS
1. PREMISES TO BE SERVED: Schilling Manor Sub -Post, Salina, Saline
County, Kansas
2. ESTIMATED SERVICE REQUIREMENTS:
Estimated daily Maximum demand: 500,000 Gallons
Estimated annual consumption: 158,384,000 Gallons
(Government is in no way obligated to use nor is it restricted to
the above estimated requirements,)
3. SERVICE LOCATIONS: The Service locations of water shall,be: Schilling
Manor Sub -Post water distribution'system at the
three meter locations and to the meter locations of
Buildings 348, 372, 381, 381E, 448, 455, 495, 656,
and 670.
4. DESCRIPTION OF WATER SERVICE: The contractor shall have 1,000 gallons
per minute of water continuously available at the points of delivery at a
pressure of not less then 10 pounds per square inch gouge for four hours.
5. QUALITY OF WATER: The Contractor will supply clear, potable water safe
for human consumption in accordance with standards adopted by the United
States Public Health Service for drinking and culinary water supplied by
comon carriers in interstate commerce and such revisions thereof as may
be made from time to time.
6. METERING AND BILLING: Water will be measured thru meters at the service
locations and billed in accordance with the following schedule:
Bldg No Size of Meter No of Meters Rate - Exhibit B Method of Billing
348
372
381
381E
448
455
495
656
670
Family Hog
2"
2
Inside
Conjunctive
1"
1
Inside
Single
2"
1
Inside
Single
2"
1
Inside
Single
2"
1
Inside
Single
2"
1
Inside
Single
1"
1
Inside
Single"
2"
1
Inside
Single
2"
1
Inside
Single j..
8"
3
Outside
Conjunctive',
7. SIZE OF CONTRACTOR'S PIPELINE TO THE SERVICE LINE AND THOS TO THE POINTS
OF DELIVERY: Four inches diameter and larger.
8 ALTERATIONS AND ADDITIONS: None
Mq
Exhibit "B"
Attached to and made part of
Contract No. DABE13-67-C-3757
CITY OF SALINA, WATER AND SEWERAGE DEPARTMENT
Water Rates Effective June 1, 1959
BASED Od MONTHLY USE
EXCEPT FOR THE MINIMUM AMOUNTS ALLOWED
ACCORDING TO THE SIZE OF METER
RESIDENTIAL AND COMMERCIAL CONSUMERS INSIDE CITYt
*First 2000 Cu. Ft, or 15,000 Gals. @ 25* per C Cu. Ft, or 33.33* per M/Gals.
Next 3000 Cu. Ft, or 22,500 Gals, @ 22* per C Cu. Ft, or 29.330 per M/Gals.
Next 5000 Cu. Ft, or 37,500 Gals. @ 19* per C Cu. Ft, or 25.330 per M/Gals.
All Over 10000 Cu. Ft, or 75,000 Gals. @ 15* per C Cu. Ft, or 20.00* per M/Gals.
Monthly minimum charges are as follows, based on size of meter installed:
Size of Minimum. Per C Cu. Ft. Per M Gallons .
meter charge Cu. Ft. allowed Gals, allowed
5/8" $1.75 35* 500 46.66* 30750
3/4" $2.45 35* 700 46.66* 5,250.
1" $4.20 351: 19200 46.66* 90000
$7.70 35C 21200 46.66* 160500`,
2" $11.20 350 39200 46.66* - 240000
3" $16.30 32.6* 5,000 43.46* 37,500
4" - $27.20 30.20 9,000 40.29* 67,500
:6" $46.50 27.3* 17,000 ,36,47* 127,500,
8" _ $78.08 24.40 320000 30.730 2409000
*Multiple consumers served by a master. meterare charged at 25* per C Cu. Ft.
or 33.33* per M Gals. for all water consumed in excessof the minimum.,
7k gallons per cubic foot
UASE13'67 C 3 7 5 7
RESIDENTIAL AND COMMERCIAL CONSUMERS OUTSID'G CITY:
*First 2000 Cu. Ft, or 15,000 Galr, @ 31,25* per C Cu. Ft. or 41.66* per M/Gals.
Neat ,3000 Cu. Ft, or 22,500 Gals, @ 27.50* per C Cu. Ft, or 36.166* per M/Gals.
Next 5000 Cu. Ft, or 37,500 Gals. @ 23.75* per C Cu. Ft. or 31.66* per M/Gals.
All over 10000 Cu. Ft, or 75,000 Gale. @ 18.75* per.0 Cu. Ft. or 25.00* per M/Gals.
Monthly minimum charges are as follows, based on size of meter installed:
Size of Minimum Per C Cu. Ft. Per M Gallons
meter charge Cu. Ft, allowed Gals. allowed
5/8" $3.50 70c 500 93.32* 30750
3/4" $4.90 : 70* 700 93.320 5,250
1" $8.40 70* 19200 93.32* 9,000
1h". $15.40 70* 2,200 93.32* 16,500
2" $22.40, 700 3,200 93.32* 24,000
3" $32.60 65.2* 5,000 86.92* 37,500
410. $54.40 60.4c 9,000 80.58* 67,500
6" $93.00 54.6* 17,000 72.94* 127,500
8" $156.16 48.8C ' 329000 61.46* 2409000
*Multiple consumers served by a master meter are charged at 31.25* per C Cu. Ft.
or 41.66* per M/Gals, for all Water consumed in excess of the minimum.
F�.
PURCHASING AND CONTRACTING DIVISION
�l�� Fort Riley, Kansas
Iftby lNila I So"dow 106
SUBJECT: Contracting Officer's Representative (Supply and/or Service
Contracts)
TO: k6l; Bagllow
fate l;lial o 1110aq
1. Reference Contract Nr.8A6H11AM*3M . Under the provi-
sions of Paragraph 1-451, Army Procurement Procedure, revised 31 January
1962, you are hereby designated to act as authorized representative of
the Contracting Officer .for this contract, effective as off fiq! IM
2. This authorization does not impower you to execute or agree to
any contract or modification thereof.
3. You are hereby authorized to:
a. Supervise contract performance.
b.Conduct inspections pertinent thereto.
c. Place orders against the contractor for supplies or ser-
vices as included in the terms and conditions of the contract and for
which an obligation of funds has been recorded.
4. You will notify the Contracting Officer of any failure on the
part of the Contractor to comply with the terms and conditions of the
contract or failure to make progress so as to endanger contract per-
formance.
5. You will notify the Contracting Officer of any failure on
the part of the Government to meet its obligations under the terms and
• conditions'of the contract.
f�a..Ifl101tt01!
Contracting Officer
FR 25 jar+ a FL 231
Contract No, DABE13-67-C-3757
DEPARTMENT OF THE ARMY
NEGOTIATED WATER SERVICE CONTRACT
PREMISES TO BE SERVED: Schilling Manor Sub -Poet, Salina, Saline County,
Kansas
CONTRACTOR: City of Salina, Saline, Kansas
PREMISES ARE: Government owned
ESTIMATED ANNUAL COST HEREUNDER: $67,177.00
CONNECTION CHARGE: None
BILLS WILL BE RENDERED TO: Post Engineer, Fort Riley, Kansas
I
PAYMENTS WILL BE MADE BY: Finance and Accounting Officer, Fort Riley,
Kansas
This negotiated contract is made pursuant to the provisions of
(10 U. S. C. 2304 (a) (10)).
CHARGEABLE: 21-9770700 55-1003 P1910-23 514-040
W Cm7m=Pi,D "tib,$ ory
.� IJ? --1t_
MEIEK WHORTOIn
Contracting otiloor
I e
Contract No. DABE13-67-C-3757
DEPARTMENT OF THE ARMY.
NEGOTIATED WATER SERVICE CONTRACT
THU CONTRACT, entered into as of9r1s1 , by and between the
DNITBD.STATES OF AMERICA, hereinafter called the Government, represented by
the Contracting Officer executing this contract, and The City of Salina,
whose address is Salina, Raneas, hereinafter called the Contactor,
WTTNESSETR That the parties hereto do mutually agree as follows:
1. SCOPE AND TERM OF CONTRACT. (a)- Subject to the terms and condi-
tions hereinafter set forth, the Contractor shall sell and deliver to the
Government and the Government shall purchase and receive from the Contractor
water service (hereinafter called service) requested by the Go-ernmen"t from
the.Contractor at the premises to be served hereunder (herein°ter called
the service location), all in accordance with water Service Spacifications
attached hereto and made a part hereof, and identified as Exhibit "A".
(b) This contract shall. continue. in effect until terE+inted at the
option of the Government by the.giving of not less than ninety (90) days
advance written notice of the effective date of termination.
(c) (i) For and in consideration of the faithful performance of
the stipulations of this contract, the Contractor shall be pEAd by the
designated disbursing office or officer for service herein contracted for,
at the rates and under the terms and conditions herein set forth in this
contract for the billing period in which commencement and te•�inatiou of
this contract shall become effective.
(ii) The Contractor hereby declares that said rates are not in
excess of the lowest rates now available to any prospective customer under
like conditions of service, and agrees that during the life of this contract
the Government shall continue to be billed at the lowest available rate for
similar conditions of service.
(iii) Recognition is given to the fact that the Government
fiscal year ends on 30 June. Payments hereunder shall be contingent.upon
the availability of appropriations therefor, and shall not be made in advance
of service rendered.
(iv) All bills for service shall be paid w.thout penalty or
interest and the Government shall be entitled to any disc3unte customarily
applicable to payment of bills by all customers of the Contractor.
2
Contract No. DABE13-67-C-3757
(v) Invoices for service rendered hereunder shall contain
statements of the meter readings at the beginning of the billing period,
meter constants, consumption during the billing period, and such other
pertinent data as shall be required by the Government.
2. TECHNICAL PROVISION. (a) Measurement of -service. --(L) All service
furnished by the Contractor shall be determined from the: information obtained
from•the water meters installed at each of the service locations. The Con-
tractor may at his option furnish and install a suitable meter of standard
manufacture to measure the.quantity of the service without an adjustment of
rate, or rate application schedules. When more than a single meter is in-
stalled at the service location, the readings thereof shall be'billad'con-
junctively. In the event arty meter fails to register or registers incor-
rectly the service furnished therethrough, the parties shall agree upon the
length of period during which such meter failed to register or registered
incorrectly and the quantity of service delivered therethrough during such
period and, upon agreement., an appropriate adjustment based thereon shall be
made in the Governments bills. For the purpose of the preceding sentence,
any meter which registers not more than the allowable percent recognized by
The American Water Works Society for water meters slow or fast shall.be
deemed correct.
(ii) The Contractor, so far as possible, shall determine
from the water meters at periodic intervals of approximately thirty (30)
days the quantity of service furnished. All billings based on meter .read-
ings of less than twenty-seven (27) days or more than thirty-two (32) days
shall be prorated accordingly.
(b) Meter Test. --The Contractor, at its expense, shall periodically
inspect and test the meters installed by it, at intervals not exceeding one
(1) year. At the written request of the Contracting Officer the Contractor
shall make additional tests of any or all of such meters in the presence of
Government representatives., The cost of such additional tests shall be borne
by the Government if the percentage of error is found to be not more than
the allowable percent recognized by The American Water Works Society for
water meters slow or fast. No meter shall be placed in service or allowed
to remain in service which has an error in registration in excess of the
previously stated percent under normal operating conditions.
(c) Change in volume or character. --Reasonable notice shall, so
far as possible, be given by the Contracting Officer to the Contractor
respecting any material changes proposed in the volume. or characteristics
of the utility service required at each location.
(d) Continuity of service and consumption. --(i) The Contractor
shall use reasonable diligence to provide a regular and uninterrupted supply
of service at the service location, but shall not be liable for damages,
breach of contract or otherwise to the Government for failure, suspension,
3
DABE13'67 C 3 7 5 7
diminution or other variations of service occasioned by or in consequence
of any cause beyond the control of the Contractor, including but not limited
to acts of God or.of the public enemy, fires, floods, earthquakes or other
catastrophes, strikes or failure or breakdown of transmission or other facil-
ities; provided, that when any such failure, suspension, diminution, or
variation of service shall aggregate more than ten (10) hours during any
billing period hereunder, an equitable adjustment shall be made in the
monthly rates specified in this contract.
(!i) In the event the Government is unable to operpte the
service location in whole or in part for any cause beyond its control,
Including but not limited to acts of God or of the public enemy, fires,
floods, earthquakes, or other catastrophes, or strikes, an equitable adjust-
ment shall be made in.the monthly rates specified in this contract if the
period during which the Government is unable to operate such service'loca-
tion in whole or in part shall exceed fifteen (15) days during any billing
period hereunder.
3. RATES'AND CHARGES. (a) For all service furnished under this con-
tract to the service locations the Contractor shall identify and invoice
separately and the Government shall pay the Contractor at the rate schedule,
as to attached to and made a part hereof and identified as Exhibit
$ .
(b) For purposes of charges under paragraph (a) of this clause, any
demands due to faulty operation of, or excessive or fluctuating pressure on,
the Contractor's system shall not be included as part of the Government's
demand.
4. CONTRACTOR'S FACILITIES. (a) The Contractor,,at its expense, shall
operate all facilities required to furnish service hereunder to.and measure
such service as of the point of delivery specified in the Service Specifica-
tions. Title to all such facilities shall not be transferred by or through
the use of this contract.
.(b) The Government hereby grants to the Contractor, free of any
rental or similar charge, but .subject to the limitations specified in this
contract, a revocable permit to enter the service location for any proper
purpose under this contract, including use of the site or sites agreed upon
by the parties hereto for the installation, operation, and maintenance of
Government-owned facilities and the facilities of the Contractor required
to be located upon Government premises, at all times during the life of this
contract; and all taxes ,and other charges in connection therewith, together
with all liability arising out of the negligence of the Contractor in the
construction, operation, or maintenance of such facilities shall be assumed
by the Contractor. Authorised.representatives of the Contractor will be
ailowed access to.the facilities of the Contractor at suitable times to
perform the obligation of the Contractor with respect to such facilities.
4
DABE13'67 C 3 7 5 7
Such facilities shall be removed and Government premises restored to their
original condition by the Contractor at its expense within a reasonable
time after the Government shall revoke the permit herein granted and in say
event within a reasonable time after termination of this contract. It is
expressly understood, however, that proper military or Governmental authority
may limit or restrict the right of access herein granted in any mamer con-
sidered by such authority to be necessary for the national security.
S. P9KIC RMLATION AND CUM OF BATES. (a) Public reguratioa.--
Service furnished under this contract shall be subject to regulation in the
mmner and to the extent prescribed by law by any Federal. State, or local
regulatory commission having jurisdiction. If during the terra of this con-
tract the public regulatory commission having jurisdiction lawfully approves
rates that are higher or rates that are lower than these stipulated herein
for like conditions of service, the Contractor agrees to continue to furnish
service as stipulated in this contract and the Government agrees to pay for
such service at the higher or lower rates from and after the date when such
rates are made effective.
(b) Change of rates. --(i) Subject to paragraph (a) of this clause,
Is the event the Contractor..during the term of this contract, shall make
effective my new rate schedule or amended rate schedule applicable to the
class'of service furnished the Goverment at the service location which may
contain a lower rate or conditions more favorable to the Government for such
class of service, the Contractor shall forward to the Contracting Officer a
copy of such rate schedule or amended rate schedule within fifteen (15) days
after the effective date thereof, and upon receipt of written request from
the Government, shall substitute such rate schedule or amended rate schedule
for the rate schedule then in effect hereunder for such service location,
commencing with the billing period in which such written request to received.
(ii) Subject to paragraph (a) of this clause, in the event of
a permanent change in the class of service furnished the Government at the
service location, service shall, effective sixty (60) days after written re-
quest is made by either party or at such other time as may be agreed upon,
thereafter be furnished to such service location at the lowest available rate
schedule of the Contractor which is applicable to the class of service fur-
nished following such permanent change.
6. OFFICIALS Nor TO 3ENEFIT. No member of or delegate to Congress,
or resident commissioner, shall be admitted to any share or part of this
contract, or to any benefit that may arise therefrom= but this provision
shall not be construed to extend to this contract if made with a corporation
for its general benefit.
7. COMM AGAINST CONTINGENT FEES. The Contractor warrants that no
person or selling agency has been employed or retained to solicit or secure
5
DABE13'67 C 37 5 7
this contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee; excepting bona fide employees or bona fide
established commercial or selling agencies maintained by.the Contractor for
the purpose of securing business. For breach or violation of this warranty
the Government shall have the right to annul this contract without liability
or in its discretion, to deduct from the contract price or consideration,
or otherwise recover, the full amount of such commission, percentage, broker-
age or contingent fee.
8. ASSIGNMENT OF CLAIMS. No claim arising under this contract shall be
transferred or assigned by the Contractor.
9. CONVICT LABOR. In connection with the performance of work under
this contract, the Contractor agrees not to employ any person undergoing
sentence of imprisonment at hard labor.
10.. EQUAL OPPORTO M. (The following article is applicable unless this
contract is exempt under the rules and regulations of the Secretary of Labor.
Exemptions include contracts and subcontracts (i) not exceeding $10,000,
(11) not exceeding $100,000 for standard commercial supplies or raw materials,
and. (iii) under which work is performed outside the United States and no
recruitment of workers within the United States is involved.)
During the performance of this contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or
applicant for employment because of race, creed, color, or national origin.
The.Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated duift employment, without regard
to their race, creed, color, or national origin. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to
be provided by the Contracting Officer setting forth the provisions of
this nondiscrimination article.
2. The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to
race, creed, color, or national origin.
3. The Contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other contract
or understanding, a notice, to be provided by the Agency Contracting Officer,
advising the said labor union of workers' representative of the Contractor's
commitments under this nondiscrimination article, and shall poet copies of
the notice in conspicuous places available to employees and applicants for
employment.
6
DABE13'67 C 3 7 5 7
4. The Contractor will comply with all provisions of Executive Order
No. 11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor created thereby.
5. The Contractor will furnish all information and reports required
by Executive Order No. 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, pursuant thereto, and
will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the nondis-
crimination article of this contract or with any of the said rules, regu-
lations, or orders, this contract may be cancelled, terminated, or suspended
in whole or in part and the Contractor may be declared ineligible for
further Government contracts in accordance with procedures authorized in
Executive order No. 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Eire said Executive Order
or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
7. The Contractor will include the provisions of paragraphs 1 through
6 in every subcontract or purchase order unless exempted by rules, regula-
tions, of orders of the Secretary of Labor issued pursuant to section 204
of Executive Order No. 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor.* The Contractor will
take such action with.respect to any subcontract or purchase order as the
contracting agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, that in the event
the Contractor becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the contracting
agency, the Contractor may request the United States to enter into such
litigation to protect the interest of the United States.
11. DISPUTES. (a) Except as otherwise provided in this contract, any
dispute concerning a question of fact arising under this contract which is
not disposed of by agreement shall be decided by the Contracting Officer,
who shall reduce his decision to writing and mail or otherwise furnish a
copy thereof to the Contractor. The decision of the Contracting Officer shall
be final and conclusive unless, within 30 days from the date of receipt of
*Unless otherwise provided, the "Equal Opportunity" article is not re-
quired to be inserted in subcontracts below the second-tier, except for sub-
contracts involving the performance of "construction work" at the "site of
construction" (as those terms are defined in the Secretary of Labor's rules
and regulations) in which case the article must be inserted in all such sub-
contracts. Subcontracts may incorporate by reference the "Equal Opportunity"
article.
7
bABE13167 C 3 % 5 %
such copy, the Contractor mails or otherwise furnishes to the Contracting
Officer a written appeal addressed to the Secretary. The decision of the
Secretary or his duly authorized representative for the determination of
such appeals shall be final and conclusive unless determined by a court of
competent jurisdiction to have been fraudulent, or capricious, or arbitrary,
or so grossly erroneous as necessarily to imply bad faith, or not sup-
ported by.substantial-evidence. In connection with any appeal proceeding
under this clause, the Contractor shall be afforded an opportunity to be
heard and to offer evidence in support of his appeal. Pending final deci-
sion of a dispute hereunder, the Contractor shall proceed diligently with
the performance of the contract and in accordance with the Contrabting
Officer's decision.
.(b) This "Disputes" clause does not preclude consideration of
law questions in connection with decisions provided for in paragraph (a)
above; provided, that nothing in this contract shall be construed as making
final the decision of any administrative official, representative, or board
on a question oflaw.
12. GRATUITIES. (a) The Government may, by written notice to the
Contractor, terminate the right of the Contractor to proceed under this
contract if it is found, after notice and hearing, by the Secretary or his
duly authorized representative, that gratuities (in the form of entertain-
ment,.gifts, or otherwise) were offered or given by the Contractor, or any
agent or representative of the Contractor, to any officer or employee of the
Government with a view toward securing a contract or securing favorable
treatment with respect to the awarding or amending, or the making of any
determinations with respect to the performing of such contract;provided,
that the existence of the facts upon which the Secretary or his duly
authorized representative makes such findings shall be -in issue and may
be reviewed in any competent court.
(b) In the event this contract is terminated as provided in
paragraph (a) hereof, the Government shall be entitled (i) to pursue the
same remedies against the Contractor as it could pursue in the event of
a breach of the contract by the Contractor, and (11) as a penalty in
addition to any other damages to which it may be entitled by law, to ex-
emplary damages in an amount (as determined by the Secretary or his duly
authorized representative) which shall be not less than three nor more
than tan times the costs incurred by the Contractor in providing any such
gratuities to any such officer or employee.
(c) .The rights and remedies of the Government provided in this
clause shall not be exclusive and are in addition to any other rights and
remedies provided by law or under this contract.
0
DABE13'67 C 3 7 51
13. DEFINITIONS. As used throughout this contract, the following terms
shall have the meanings set forth below:
(a) The term "head of the agency" or "Secretary" means the
Secretary, the Under Secretary, any Assistant Secretary, or any other head
or assistant head of the executive or military department or other Federal
agency; and the term "his duly authorized representative" means any person
or persons or board (other than the Contracting Officer) authorized to act
for the head of the agency or the Secretary.
(b) The term "Contracting Officer" means the person executing
this contract on behalf of the Government, and any other officer or civilian
employee who to a properly designated Contracting Officer; and the term
Includes, except as otherwise.provided in this contract, the authorized
representative of a Contracting Officer acting within the limits of his
authority.
(c) Except as otherwise provided in this contract, the term
"subcontracts" includes purchase orders under this contract.
14. CONFLICTS. To the extent of any inconsistency between the pro-
visions of this contract, and any schedule, rider or exhibit incorporated
In this contract by reference or otherwise, or any of the Contractor rules
and regulations, the provisions of this contract shall control.
IN WrMSS WHEREOF, the parties hereto have executed this contract as
of the day and year first above written.
APPROVEDje��
-•--•---...__
Date: c. M. WEBB, 3R.
12M�/Bannty Army Power Procurement Officer
THE UNITED STATES OF AMERICA
BY 001" VhWtW
HELEN WHORTON
Contracting Officer
CITY OF SALIVA, SALINA KANSAS
BY /FB/ *# 01 014"
N. D. OLSON
City Manager
APPROVAL CLAUSE
This contract to subject to the manual approval of the Department of
the Army Power Procurement Officer or his duly authorized representative
and shall not -be binding until so approved.
9
4
Exhibit "A".
Attached to and made part of
Contract No. DABE13-67-C-3757
WATER SERVICE SPECIFICATIONS
1. PREMISES TO BE SERVED: Schilling Manor Sub -Post, Salina, Saline
County, Kansas
2. ESTIMATED SRRVICE REQUIREMEMTJ:
Estimated daily Maximum demand: 500,000 Gallons
Estimated annual consumption: 158.384,000 Gallons
(Government is in no way obligated to use nor is it restricted to
the above estimated requirements.)
3. SERVICE LOCATIONS: The Service locations of water shall be: Schilling
Manor Sub -Post water distribution system a6 the
three meter locations and to the meter locations of
Buildings 348, 372, 381, 381E, 448; 455, 495, 6560
and 670. \
4. DESCRIPTION OF WATER SERVICE: The contractor shall have 1,000 gallons
per minute of water continuously available at the points of delivery at a
pressure of not less than 10 pounds per square inch gauge for four hours.
5. QUALITY OF WATER: The Contractor will supply clear, potable water safe
for human consumption in accordance with standards adopted by the United
States Public Health Service for drinking and culinary water supplied by
common carriers in interstate commerce and such revisions thereof as may
be made from time to time.
6. METERING AND BILLING: Water will be measured thru meters at the service
locations and billed in accordance with the following schedule:
Bldg No
Size of Meter
No of Meters
Rate - Exhibit B
Method of Billing
348.
2"
2
Inside
onjunctive -
Conjunctive-
372
372
1"
1
Inside
Single .
38t
2,."
1
Inside
Single
381E
2"
1
Inside
Single
4482"
1
Inside
Single
45
2"
1
m aid\
Single
1jq;
1"
1
Ira a j Ap
Singly {
656
2"
1
Inaide '
Single
671ii
.2"
T
Tnai dpi
Cingle
err`
Family Reg
8"
3
Outside
Conjunctive
i
7. SIZE OF CONTRACTOR'S PIPELINE TO THE SERVICE LINE AND THUS TO THE POINTS
OF DELIVERY: Four inches diameter and larger.
8 ALTERATIONS AND ADDITIONS; None
DASEIM C 3 7 5
Exhibit '.'B"
Attached to and made part of
Contract No. DABE13-67-C-3757
CITY OF SALIVA, WATER AND SEWERAGE DEPARTMENT
Water Rates Effective June 1, 1959
BASED ON MONTHLY USE
EXCEPT FOR THE MINIMUM AMOUNTS ALLOWED
ACCORDING TO THE SIZE OF METER
RESIDENTIAL AND COMMERCIAL CONSUMERS INSIDE CITY:
Minimum.
Per C
*First 2000 Cu. Ft, or 15,000 Gals.
@ 250 per C Cu.
Ft, or 33,330
per M/Gals.
Next 3000 Cu. Ft, or 22,500 Gals.
@ 220 per C Cu.
Ft, or 29.330
per M/Gals.
Next 5000 Cu. Ft, or 37,500 Gals.
@ 1940 per C Cu.
Ft, or 25.33
per M/Gals.
All Over 10000 Cu. Ft, or 75,000 Gals. @ 150 per C Cu. Ft, or 20.000 per M/Gals.
Monthly minimum charges are as follows, based on size of meter installed:
Size of
Minimum.
Per C
Cu. Ft.
Per M
Gallons
meter
charge
Cu. Ft,
allowed
Gals,
allowed
5/8"
$1.75
35q
500
46.66C.
3,750
3/4"
$2.45
35q
700
46.66e,
5,250
1"
$4.20
35C
1,200
46.660
99000
1}"
$7.70
35C
20200
46.661
16,500
2"
$11.20
350
3,200
46.664
249000
3"
$16.30
32.60
5,000
43.46*
37,500
4"
$27.20
30.20 -
9,000
40.290
670500
6"
$46.50
27.30
17,000
36.476
1279500
8"
$78.08
24.40
32,000
30.730
2409000
*Multiple consumers served
by a master. meterare charged
at 250 per
C Cu. Ft.
or 33.330 per
M Gals, for
all water consumed
in excess.of
the minimum.
7k gallons per cubic foot
• • DABE13'67 C 3 7 31
RESIDffiPTLAL AND COMWERCIAL CONSM49RS OUTSIDE CITY:
*First 2000
Cu. Ft. or
15,000 Gale. @
31.250 per
C Cu. Ft, or
41.660 per M/Gals.
Nest 3000
Cu. Ft, or
229500 Gals. @
27.50o per
C Cu. Ft. or
36.660 per M/Gals.
Next 5000
Cu. Pt, or
37,500 Gale. @
23.750 per
C Cu. Ft. or
31.660 per M/Gals.
All over 10000
Cu. Ft, or
75,000 Gals. @
18.750 per.0
Cu. Ft, or
25.000 per M/Gals.
Monthly minimum charges are as follows, based on size of meter installed:
Size of
Minimum
Per C
Cu. Ft.
Per M
Gallons
meter
charge
Cu. Ft,
allowed
Gals,
allowed
5/8"
$3.50
700
500
93.320
39750
3/4"
$4.90
700
700
93.320
5,250
1"
$8.40
700
1,200
93.320
99000
WO
$15.40
700
20200
93.320
16,500
2"
$22.40
700
3,200
93.320
24,000
3"
$32.60
.65.20
5,000
86.920
37,500
4"
$54.40
60.40
9,000
80.580
67,500
6"
$93.00
.54.60
179000
72.940
127,500
8"
$156.16
48.80
323,000
61.460
240,000
*Multiple consumers served
by a master meter are charged at 31.250
per C Cu. Ft.
or 41.660 per M/Gals, for
all water consumed in excess of the minimum.