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Pump Station No. 16 Force Main Replacement " . , 2011 CONTRACT FOR PUMP STATION NO. 16 FORCE MAIN REPLACEMENT CITY PROJECT NO. 05-1552 , This Contract, made and entered into the I,~~ day of ADril, 2011, by CITY OF SALINA, KANSAS (the "City"), and M&O of Havs. Inc. (the "Contractor"). Inconsideration of the promises, covenants, and agreements made by the parties, the parties hereto agree as follows: (1) PUMP STATION NO. 16 FORCE MAIN REPLACEMENT. 'The contractor desires to engage in the installation of Pump Station No. 16 Force Main and expressly agrees as follows: (a) The City shall pay the Contractor a maximum of $35.190 upon completion, for the labor, materials, and equipment necessary for directional drilling approximately 950 feet of 6- inch force main per City of Salina Standard Specifications and Details. (Refer to the attached proposal) , . (b) Specifications: . 6-inch Restraint Joint C-900 ...; DR14 PVC Pipe . Tracer Wire . Traffic Control . ' Cut/Remove Concrete/Replace Concrete · All equipment, labor and fittings to complete job (c) The Contractor shall coordinate shut down' of Pump Station No. 16 to connect new force main with OWNER. ' (2) Protect Tim. Frame. Project shall have a completion date of May 2, 2011.' (3) City's ResDonsibilitv. The City shall provide the Contra(:tor access to Pump Station No. 16 and the force main discharge manhole. The City shall provide a copy of the City of Salina - Permit Confined Space Program for reference prior to beginning construction. (4) Contractor's ResDOnslbilltv. The Contractor covenants that it shall acquire all permits applicable for the work. (5) Ind.D8ndent Contractor. It is expressly understood that Contractor in performing services under this Agreement, does so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Contractor performs its services hereunder. The sole interest and responsibility of the City is to see that the services covered by this Agreement are performed and rendered in a competent, efficient, and satisfactory manner. Contractor shall be exclusively responsible for all taxes, withholding payments, employment- based benefits, deferred compensation plans, inctuding but not limited to its workers compensation and social security obligations. and the filing of all necessary documents, forms, or returns pertinent to the foregoing. ' . 1 (6) Contractor's Insurance. The following requirements shall not be construed to limit the liability of the Contractor or Its insurer(s). The City does not represent that the specified coverages or limits of insurance are sufficient to protect the Contractor's interests or liabilities. Required coverages are to be maintained without interruption from the date of the commencement of the work until date of final payment and termination of any coverage required to be maintained 'after final payment. . (a) Commercial General Liabilitv Insurance. The Contractor shall provide public liability insurance coverage in an amount no less than $500,000 covering the liability of the Contractor and any and all consultants, agents, independent contractors, etc. which are employed or retained by the Contractor, on an occurrence basis. The insurer must be acceptable to the City of Salina. Upon review of each project, the Risk Management Department may require higher or lower coverage limits. In lieu of the above coverage, the Contractor may provide coverage for his own firm in the above amount or an additional amount and submit proof all his consultants, agents and independent contractors have insurance deemed adequate by the City of Salina. (b) Automobile Llabllitv. The Contractor shall provide coverage protecting the contractor against claims for bodily injury a!1d/or property damage arising out of the ownership or use of any owned, hired and/or non-owned vehicle. Required minimum limits: $500,000 each accident, combined single limits, bodily injury and property damage. (c) Worker's CamDensatlon. Before beginning work, the Contractor shall furnish to the City satisfactory proof that he has taken out, for the period cOvered by the work under this contract, full workers' compensation coverage as required by state law for all persons who he may employ directly, or through subcontractors, in carrying out the work contemplated under this contract, and shall hold the City free and harmless for all personal injuries of all persons who the contractor may employ directly or through subcontractors. (d) Certificate(s) of Insurance. Certificate(s) of Insurance acceptable to the City shall be filed with the City at the time the contract between the City and the Contractor is executed. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled or substantially changed until at least thirty (30) days prior written notice has been given to the City and acknowledged. Note: if the Contractor is subject to worker's compensation law a certificate shall be provided. (e) Notice of Claim. The Contractor, upon receipt of notice of any claim in excess of $1,000 in connection with this contract shall promptly notify the Risk Management Department, (785) 309-5705, providing full details thereof, including an estimate of the amount of loss or liability. (f) Indemnification Clause. The Contractor agrees to indemnify and save harmless the City, its officials, agents. servants, officers, directors and employees from and against all claims, expenses, demands, judgements and causes of action for personal injury or death or damage to property where, and to the extent that, such claims, expenses, demands judgement or causes or action arise from the Contractors negligent acts. 2 (7) Eaual Opportunity. In conformity with Chapter 13 of the Salina Code, the Contractor shall: , i; (a) (b) Observe the provision of Chapter 13 of the Salina Code and shall not discriminate against any person in the performance of work under this Contract; Include in all solicitations, or advertisements for employees, the contractor shall include the phrase~equal opportunity employer," or a similar phrase to be approved by the city's human relations director; Not discriminate against any employee or applicant for employment in the performance of this Contract; and Include similar provisions in any subcontract under this Contract. (c) (d) (8) Affirmative Action. The Contractor agrees to abide by the Salina Code Sections 13-132 and 133 relating to affirmative action and affirmative action plans, attached and incorporated herein as Exhibit A. (9) Compliance with Applicable Law. Contractor shall comply with all applicable federal, state, and local law in the performance of its. duties under this.Agreement. (10) 'Non-asslanable. Due to the unique qualifications and circumstances of the parties, neither the rights nor the responsibilities provided for under this Agreement shall be assignable by either party, either In whole or in part. (11) Feminine-Masculine. Sinaular-Plural. Wherever used, singular shall include the plural, plural the singular, and use of any gender shall include all genders. (12) Kansas Law APplies. This Agreement and its validity, construction and performance shall be governed by the laws of Kansas. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any party. (13) Severability. The unenforceability, invalidity, or illegality of any provision of this Contract shall not render the other provisions unenforceable, invalid, or illegal. (14) TIme. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday, that time period shall extend to 5:00 p.m. of the next full business day. (15) Persons Bound-COPies. This Agreement shall extend to and bind the heirs, executors, administrators, trustees, and successors of the parties hereto, and may be executed in any number of counterparts, each of which shall be deemed an original, or in multiple originals, and all such counterparts or originals shall for all purpbses constitute one. agreement (16) Notices. All notices and demands shall be given in writing either by personal service or by registered or certified mail, postage prepaid. and return-receipt requested. Notice shall be considered given when received on date appearing on the return receipt, but if the receipt is not returned within five (5) days, then forty-eight (48) hours after deposit in the mail. Notices shall be addressed as appears below for each party, provided that if any party gives notice of a change of name or address, notice.s to the giver of that notice shall thereafter be given as demanded in that notice. CITY: Martha Tasker, Director of Utilities City of Salina - Utilities I;)epartment . P.O. Box 736 Salina, KS 67402-0736 CONTRACTOR: M&D of Hays, Inc. P.O. Box 184 Hays, KS 67601 3 (17) Twewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted or attached shall supersede all conflicting printed provisions. (18)' Merger Clause. These tenns are intended by the parties as a complete, conclusive and final expression of all the conditions of their Agreement. No other promises, statements. warranties, agreements or understandings, oral or written, made before or at the signing thereof, shall be binding unless in writing and signed by all parties and attached hereto. Any amendment to this Contract, including an oral modification supported by new consideration, must be reduced to writing and signed by both parties before it will be effective. Executed by the duly authorized officers of the parties as of the date first above written. CITY OF SALINA, :7fJ~ By: By: 4 Exhibit" A" Sec. 13-132. Affll"mative action by contractors required. (a) Any contractor entering into a contract with the city and such person's subcontractor shall take affirmative action to insure that employees are treated equally witJIout regard to their race, sex, religion, age, color, national origin, ancestry or disability. Sucb affirmative action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruiting or recruitment, advertising, layoff or tennination, rates of payor other forms of compensation and selection for training, including apprenticeship. The contractor and subcontractor shall agree to post, in conspicuous places available to employees and applicants for employment, notices to be provided by the director setting forth provisions of this article. The contractor and such person's subcontractors shall provide all affirmative action information and necessary documents to implement the compliance with the requirements of all federal, state and local laws and ordinances. (b) It shall be no excuse that the employer has a collective bargaining agreement with any union providing for exclusive refenal or . approval systems. The failure of the contractor or subcontractors to comply with the requirements of this article shall be grounds for cancellation, termination, or suspension of the contract, in whole or in part, by the board of commissioners with the contractor or subcontractors until satisfactory proof with intent to comply will be submitted to and accepted by the board of commissioners. (Ord. No. 92-949J, 61, 1-J-91) Sec. 13-133. Affirmative action plans. Every contractor and subcontractor prior to entering into a contract with the city shall submit to the director of human relations an acceptable written affirmative action plan which shall: (l) Identify areas of employment, employment policies, and employment practices which require action by the contractor or subcontractor to assure equal employment opportunity; (2) Analyze these areas, policies and practices to detennine what actions by said contractor or subcontractor will be most effective; . (3) Establish a plan with goals and timetables designed to achieve equal employment opportunity; and (4) Include provisions for implementation, monitoring, and periodic evaluation in order to insure that it continues to be a valid plan. (0,.4. No. 92-949J, f 1, 2-3-91) Sec. 13-134. Exemptions. The provisions of this article shall not apply to: (1) Contractors or suppliers who would not be considered as an "employer" as defined in section 13-2; (2) Contracts and subcontracts not exceeding twenty thousand dollars ($20,000.00); and (3) Call type or purchase order agreements which do not exceed twenty thousand dollars ($20,000.00) in total per calendar year; provided, vendors, contractors and suppliers who will supply or expect to supply the city with goods or services exceeding twenty thousand dollars ($20,000.00) during the subsequent calendar year not be exempt from the requirements of this article; provided, the above exemptions shall not conflict with applicable state or federal laws. (Ord. No. 91-9493,61, 2-3-92) 5 M & D of Hays, lne. · P. o. lox 184 · Hays, KS 67601 Mardl 30, 2011 785-628-3169 · Fax 785-625--6538 Salina Utilities 401 S s* Street Salina. KS 67401 T: 78S-826-7305 Steve.paImer@salioa.o AUn: Steve Palmer Re: Fon..-e Main Sewer Project S8Ifna,. xs We ~ the foI1owIns prialt on the above nleNr.ced project 88 per your request Price will include: fI' RestralntjoJnJ:C900- DR 1fand tracer wire DirectionIl Drilling will be used for the ~t Cut I Remove ClOOaete, and replace with concreIe Traffic control Equipme.nt labor, and Bttinp to complete job Lump Sum - 533,690.00 If DR 18 Pipe is used dedud $2,090.00 U HOPE pipe is NqUlred and there is ..1fAclent IOOID the price will be the same 880R!4- Price indude8 conaete to the street surface, if apIaalt is required to finish the top 2 inches;. $1,500.00 add will be needed. Pennit& or spedal iDsurance8 IRe not included in the above price. If you have any questions or need further inforIQation, please do not haitate to ~ us. As always, we would look forward to wom.tg with your cu,xlpldly . on this project:. ACORD TM CERTIFICATE OF LIABILITY INSURANCe I DATE (MMlDD1YYYY) " 04/13/2011 THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFlRMA T1VEL Y OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITlONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Insurance Planning, Inc. rllgNio ExlI: 785.625.5605, I ~ Nol: 785.625.8388 3006 Broadway Avenue E-MAIL ADDRESS: P~ O. Box 100 ~~,!!~~~ 10": Hays, KS 67601 INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A : Union Insurance Company 25844 , M & D of Hays Inc INSURER B : Continental Western Insur Co. 10804 D & M Investments llC '. INSURER C : , PO Box 184 INSURER 0 : Hays KS 67601 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 10/11 Certs REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS . CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HA\fE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL ~~ POLICY NUMBER II~~ ,,~~ LIMITS LTR INSR GENERAL UABIUTY CWP2375551211 11/10/2010 11/10/2011 EACH OCCURRENCE $ 1,000,000 -:- ' , X COMMERCIAL GENERAL LIABILITY g~~~~J9E~=nre) $ 100,000 - o CLAIMS-MADE [!] OCCUR 5,000 - MED EXP (Any one person) $ A PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 - 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Xl n PRO- nLOC $ POLICY JECT AUTOMOBILE UABIUTY CWP23755Sl211 11/10/2010 11/10/2011 COMBINED SINGLE LIMIT $ - (Ea accident) 1,000,000 X ANY AUTO - BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) A - $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON.{JWNED AUTOS $ - $ UMBRElLA UAB H OCCUR CU2390008211 11/10/2010 11/10/2011 EACH OCCURRENCE $ 5,000,000 - EXCESS UAB ' CLAIMS-MADE AGGREGATE $ 5,OOO,OO( A DEDUCTIBLE $ I-- RETENTION $ $ WORKERS COMPENSATION WC23902082~ 11/10/2010 11/10/2011 X I T~~~IIi,~s I IOTH- AND EMPLOYERS' LIABILITY Y/N OFFICERS EXClUDE[ ER B ANY PROPRIETORIPARTNERlEXECUllVED N/A EL EACH ACCIDENT $ 1,000,00( OFFICERIMEMBER EXCLUDED? 1,000,00( (Mandatory In NH) 'EL, DISEASE - EA EMPLOYEI $ If yes, describe under EL DISEASE - POLICY LIMIT $ 1,000,00( DESCRIPTION OF OPERATIONS below A ~ENTED/BORROWED EQUIPMENT CWP23755512~ 11/10/2010 11/1 0/2011 $50,000 LIMIT , DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remart<s Schedule, If more space is required) " CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Salina-Utilities Dept AUTHORIZED REPRESENTATIVE, ~~ Attn Martha Tasker, Director of Utilities PO Box 736 Sal,ina,KS 67402-0736 , lolene Cooper/COOPlO ACORD 25 (2009/09) @1988-2009ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD f)tL" V1J S <-III sit( " '%,."`.?M."" CERTIFICATE-OF-LIABILITY INSURANCE--_______ . . DATE(MM,oD"Yy„)___ 11/06/2013 . THIS CERTIFICATE IS ISSUED AS A MATTER OF-INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS - - CERTIFICATE-DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE-OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ' IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the - certificate holder in lieu of such endorsement(s). --- - .-- - --. ---- - PRODUCER .. CONTACT NAME: '- - -- ._ .-. Insurance Planning, Inc. PAH/CO,N o,Extr 785.625.5605 - FAX 785.625.8388 3006 Broadway;Avenue E-MAIL • - - • • . —" _ .-_.._. P. '0. Box ..100 PRODUCER • _ --- ----- - - --- -- .-- --..__. CUSTOMER ID#: Hay-s-, KS 67601 INSURER(S)AFFORDING COVERAGE NAIC# INSURED ' - - - )NSURERA: - - Continental Western Insur. Co. - 10804. .. __ - M &::D of' Hays-Inc • INSURERB: Union Insurance Company-- ----- . .25844 _.. --D & M Investments LLC INSURERC: • Dirt Diggers LLC INSURER D: PO Box 184 INSURER E: Hays, KS 67601 INSURER F: COVERAGES CERTIFICATE NUMBER: 13/14 Certs REVISION NUMBER: ITHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR OF INSURANCE ADDL SUER POLICY EFF POLICY EXP TYPE LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY CPA2 3 7 5 5 5131 11/10/2013 11/10/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 A PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 . POLICY JET LOC . ... . _ $ - . -. ..__._._. AUTOMOBILE LIABILITY . ' CPA23755513111/10/2013 11/10/2014 COMBINED SINGLE LIMIT $ _- : (Ea accident) 1,000,-000 X ANY AUTO BODILY INJURY(Per person) $ " . ALL OWNED AUTOS• • - - - -_- _ BODILY INJURY(Per accident) $ A SCHEDULED AUTOS PROPERTY DAMAGE: - -'- '-•X HIRED AUTOS • (Per accident). . '. _. $_ , -- X NON-OWNED AUTOS - - • .- $ $ UMBRELLA LIAB X OCCUR - CPA2 3 7 5 5 5131 11/10/2013 11/10/2014 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE • AGGREGATE $ 5,000,000 A DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WCA23902083211/10/2013 11/10/2014 X TORYRY LIMITT S ER OLIM 0a- AND EMPLOYERS'LIABILITY Y/N — ANY PROPRIEFORfPARTNER/EXECI ITIVE. i_� __ . _ OFFICERS EXCLUDED ____ __ _ ___ E;L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? - ) N/A - -- -- - (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B RENTED/LEASED EQUIPMENT 465399311/10/2013 11/10/2014 $50,000 LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Salina-Utilities Dept �t Attn Martha Tasker, Director of Utilities AUTHORIZED REPRESENTATIVE q-e,41t,_C�Ftr PO Box 736 _U J Sallina, KS 67402-0736 _Jolene Cooper/COOPJO ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD