Pavement Condition Inventory
AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS
and
IMS Infrastructure Management Services, LLC
for
ENGINEERI~G SERVICES
This Agreement is entered into on the latest date of execution shown on the
signature page by and between the City of Salina, Kansas, (the "CITY") and IMS
Infrastructure Management Services, LLC, an Arizona Limited Liability Company,
(the "CONSULTANT").
Recitals
A. The CITY owns and operates the City of Salina street network.
B. The CITY desires to contract for the Engineering services necessary to
assure the performance of an automated pavement surface condition survey and
related services as an update to the City's CarteGraph based pavement management
program. The scope of works is proposed to be completed in compliance with all federal
and state regulations.
C. The CONSULTANT has the requisite qualifications and experience to
perform the services desired by the CITY and desires to perform those services
pursuant to the terms of this Agreement.
The parties therefore agree and covenant:
1. Scope of Services. The CONSULTANT agrees to perform the services
outlined in the attached and incorporated Exhibit A.
2. Term. The CONSULTANT agrees to perform the services according to
the timeframe described in Exhibit B, subject to prior termination pursuant to the terms
of this Agreement.
3. Compensation. The CITY agrees to compensate the CONSULTANT on
the basis of unit rates per mile, lump sum for identified tasks, the actual hourly rates and
reimbursable expenses shown on the CONSULTANT's fee schedule and cost summary
attached and incorporated as Exhibit C, in an amount not to exceed $40,000
4. Non-appropriation. In the event that this Agreement anticipates work
spanning multiple budget years for the City, it is subject to further appropriation by the
CITY's governing body for future fiscal budget years. If the CITY's governing body does
not appropriate the funds necessary to compensate the CONSULTANT for services to
be provided pursuant to this Agreement in the future fiscal years, the CITY shall so
notify the CONSULTANT and this Agreement shall be null and void for purposes of the
fiscal budget year(s) affected by the decision of the governing body not to appropriate.
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5. Invoices. CONSULTANT agrees to submit to the CITY detailed
invoices at least monthly for work performed and reimbursable expenses actually
incurred. The invoices shall identify the tasks performed and mileages or percent of
mileage completed for activities based on unit prices per mile. Charges for
subcontracted work will be supported with similar documentation. Charges for
reimbursable expenses will specifically identify the type and amount of each expense in
a manner consistent with the classifications of reimbursable expenses set forth in
Exhibit C.
6. Payment. Invoices will be due and payable within 45 days of receipt by
the CITY. If the CITY disputes any items inCONSUL TANT's invoice for any reason, the
CITY may temporarily delete the disputed item and pay the remaining amount of the
invoice. The CITY will promptly notify CONSULTANT and request clarification andlqr
correction. Following resolution of any dispute, CONSULTANT will include the disputed
item as resolved on a subsequent invoice. The CONSULTANT retains the right to
assess the CITY interest at the rate of up to one percent (1 %) per month on undisputed
invoices which are not paid within 45 days of receipt by the CITY.
7. Nonperformance. If either party fails to comply with any term of this
Agreement within 10 days after written notice to comply has been mailed by the non-
defaulting party to the defaulting party, such failure shall be deemed an immediate
breach of this Agreement. In such case, the non-defaulting party may pursue against
the defaulting party such remedies as provided by law or in equity, including without
limitation, the right to specifically enforce this Agreement. In addition, the non-defaulting
party may recover its costs and reasonable attorneys' fees incurred in any action related
to such breach. In the event of such termination upon the default of the
CONSULTANT, the CONSULTANT shall not be entitled to further compensation from
the CITY for work performed or costs sustained following the date of termination.
8. Termination. Either party may terminate this Agreement, with or without
cause, upon 30 days advance written notice to the other party. In the event of such
termination, the CONSULTANT shall be compensated for such services as have been
performed through the date of termination.
9. Relationship. It is expressly understood that CONSULTANT 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
CONSULTANT 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. CONSULTANT shall be
exclusively responsible for all taxes, withholding payments, employment-based benefits,
deferred compensation plans, including but not limited to its workers compensation and
social security obligations, and the filing of all necessary documents, forms, or returns
pertinent to the foregoing.
10. Iniury to Persons or Damage to Property. CONSULTANT acknowledges
responsibility for any injury to person(s) or damage to property caused by its employees
or agents in the performance of its duties 'under this Agreement and shall immediately
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notify the City's Risk Management Department at (785) 309-5705 in the event of such
injury to person(s) or damage to property.
11. Indemnification. CONSULTANT agrees to indemnify and save harmless
the City, its officials, agents, servants, officers, directors and employees from and
against all claims, expenses, demands, judgments and causes of action for personal
injury or death or damage to property where, and to the extent that, such claims,
expenses, demands judgment or causes or action arise from CONSULTANT's negligent
acts.
12. Insurance ReQuirements. CONSULTANT shall maintain the following
. insurance' coverage without interruption from the date of the commencement of this
agreement until date of final payment and termination of any coverage required to be
maintained after final payment
Professional Liability - Errors and Omissions
The CONSULTANT shall provide Engineers Professional Liability Insurance with
limits not less than $500,000, covering the liability of the CONSULTANT and any
arid all consultants, agents or independent contractors which are employed or
retained by the CONSULTANT. The insurer must be acceptable to the City of
Salina. In the event coverage provided is a claims made coverage, the
insurance shall be maintained for a period of not less than three (3) years after
completion of the contract or in lieu thereof purchase of tail coverage (extended
reporting period) under which the City of Salina shall be afforded protection.
In lieu of the above coverage, the CONSULTANT may provide the described
coverage for his own firm in the above amount and submit proof all his
consultants, agents and independent contractors have insurance deemed
adequate by the City of Salina.
Commercial General Liability Insurance
CONSULTANT shall provide public liability insurance coverage in an amount no
less than $500,000 covering the liability of CONSULTANT and any and all
consultants, agents or independent contractors which are employed or retained
by CONSULTANT on an occurrence; basis.
In lieu of the above coverage, CONSULTANT may provide coverage for its own
firm in the above amount or an additional amount and submit proof all its
consultants, agents and independent contractors have insurance deemed
adequate by the City of Salina.
Automobile Liability
CONSULTANT shall provide coverage protecting CONSULTANT against claims
for bodily injury and/or property damage arising out of the ownership or use of
any owned, hired and/or non-owned vehicle. Required minimum limits: $500,000
each accident, combined single limits, bodily injury and property damage.
Worker's Compensation
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Before beginning any work, CONSULTANT 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 CONSULTANT may
employ directly or through subcontractors.
Certificate(s) of Insurance
Certificate(s) of Insurance acceptable to the City shall be filed with the City at the
time this Agreement 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.
Notice of Claim
CONSULTANT, upon receipt of notice of any claim in excess of $1,000 in
connection with this Agreement shall promptly notify the Risk Management
Department, (785) 309-5705, providing full details thereof, including an estimate
of the amount of loss or liability.
13. Equal Opportunity. In conformity with Chapter 13 of the Salina Code,
the CONSULTANT and its subcontractors, if any, shall:
a. Observe the provision of Chapter 13 of the Salina Code and shall not
discriminate against any person in the performance of work under this
Agreement;
b. Include in all solicitations, or advertisements for employees, the phrase
"equal opportunity employer," or a similar phrase to be approved by the
city's human relations director; and
c. Not discriminate against any employee or applicant for employment in
the performance of this Agreement; and
d. Include similar provisions in any subcontract under this Agreement.
\
14. Affirmative Action. The CONSULTANT 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 D.
15. Compliance with Applicable Law. CONSULTANT shall comply with all
applicable federal, state, and local law in the performance of its duties under this
Agreement.
16. Non-assianable. Due to the unique qualifications and circumstances of the
parties, neither the rights nor the responsibilities provided for under this Agreement shall
be assignable by either party, either in whole or in part.
17. Feminine-Masculine. Sinaular-Plural. Wherever used, singular shall
include the plural, plural the singular, and use of any gender shall include all genders.
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18. 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.
19. Severability. The unenforceability, invalidity, or illegality of any provision of
this Contract shall not render the other provisions unenforceable, invalid, or illegal.
20. Time. Time is of the essence of this Agreement. No extension will be
granted unless in writing and signed by the parties. Should ttie 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.
21. Persons Bound-Copies. This Agreement shall extend to and bind the
successors and assigns of the parties hereto, and may be executed in any number of
counterparts, each of which shall be deemed an original, or in multiple originals, and all
such counterparts or originals shall for all purposes constitute one agreement.
22. 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, notices to
the giver of that notice shall thereafter be given as demanded in that notice.
CITY:
Daniel R. Stack, P.E.
300 W. Ash, P.O. Box 736
Salina, KS 67402
CONSULTANT:
Donald Hardt
1895-0 Rohlwing Road
Rolling Meadows, IL 60008
23. Tvpewritten or Handwritten Provisions. Typewritten or handwritten
provisions inserted or attached shall supersede all conflicting printed provisions.
24. Meraer Clause. These terms are intended by the parties as. a complete,
conclusive and final expression of all the conditions of their Agreement. No other
promises, statements, warranties, agreements or understandings, oral or written, made
before or at the signing thereof, shall be binding unless in writing and signed 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.
25. Attachments: The following Exhibits and other documents are attached to
and made a part of this Agreement:
a. Exhibit A: Scope of Services.
5
b. Exhibit B: Schedule.
c. Exhibit C: Estimate of Costs.
d. Exhibit D: Salina Code Sections 13-132 and 13-133.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective proper officials.
Executed by the CONSULTANT this
:(Ljr.! day of fEEt::.tifl~Y
,
20 If
Executed by the CITY this
~ day of UCllCh
20 --.lL
CITY OF SALINA, KANSAS ("CITY')
By: .A!JA, ~J ,I
A~rJ:~
~~Pt~~el\ I~OY'
ATTEST:
By: ~~~[~~IOrk
5mnd, WiCKS, ~~~OersL.
By:
IMS Infrastructure Management Services, LLC,
("CONSU~NT")
BY~ ~)
. iX)(j
Title:
ATTEST:
BY:~
Title: ;JJ1AJIl6El?-tfF {]jl?Pr:::;;eIlIC6""S .
APPROVED AS TO FORM:
By:
;1/ II ,
Title:
6
EXHIBIT A - SCOPE OF SERVICES
Project Initiation and Sectioning
This task will be used to set the working environment for the project and finalize the project scope and
schedule. The task will also be used to allow City team members to become more familiar with the IMS
approach, data collection and QA process.
IMS will schedule a phone meeting with City staff to discuss the following task activities:
. Introduction of the project team, roles and relationships. Confirm goals and objectives, and
schedule of the project.
. Review project documentation including insurance requirements, permits, safety, Project
Information Form (PIF - defines project scope and deliverables), and any other client
documentation.
. Review current CarteGraph version, level of implementation, and user skill set.
. Identify and confirm existing database quality including the pavement distress data elements and
survey protocols complete with previous testing data and methodology.
. Confirm roadways to be surveyed, as well as existing referencing, . length and directional issues.
Collate and convert applicable data for loading into the RST inventory and map trace. Outline
plans for acquisition of missing or deficient data.
. Confirm notification of other departments, such as police, of the pending surveys (this helps to
avoid unnecessary calls arid explanation of the surveys)
. Review additional data elements to be collected such as digital images and optional services
such as GIS linkage.
. Complete on-going project management.
Deliverables: - Schedule development.
- Streets list and roadway inventory maps.
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Salina Contract Exhibitsv2.doc
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Field Surveys
The object of this task is to complete a field data collection program for acquiring representative
pavement condition, inventory and attribute data and initiate the QAlQC process.
Pre-survey task activities include:
. Completion of initial and on-going equipment calibration.
. Review of camera angles.
. Receive final reviews and any modifications.to survey protocols.
. Complete equipment demonstration and apply any corrective action to the RST unit or survey
protocols as resulting from the demonstration such as camera angles.
. Coordinating, routing and scheduling the data collection.
. Update Client on survey progress on a regular basis through status reports and/or verbal
communications.
The following roadway distress, asset and attribute information will be collected and/or reviewed:
Roadway Attributes:
. Route name, from - to description, test section length (and any variation from published values),
direction and survey lane.
. Identify changes to the existing inventory and database.
. Update the street inventory as required for new streets - include attribute information such as
pavement type and length.
. Surface type (and any changes within a section), date and number of lanes.
. Length - collect and confirm length via distance measurements and GPS coordinates.
Roadway Distresses:
. Cracking - identify longitudinal, transverse, alligator, block cracks, etc., and quantify them by
extent and severity.
. Pavement distresses - distresses such as ravelling, patching & potholes, bleeding, distortions,
rippling, etc., and quantifies each by severity and extent.
. Rutting - continuously measure the depth of wheel path rutting.
. Roughness Survey - collect and calculate International Roughness Index at defined intervals.
. GPS Survey - collect and distribute GPS data (used for data processing and QAlQC).
. Geometries - collect cross-fall, grade and radius of curvature data (optional).
The following on-going QAlQC functions will be completed during the surveys and at the end of each day:
. The equipment will be calibrated according to the manufacturer specifications.
. A control section of roadway will be re-surveyed each day to ensure there has been no drift in any
of the data.
. Data will be monitored on an on-going basis for completeness and to ensure all sensors are
recording.
. Section lengths will be checked against published values and at the end of the surveys an
exceptions list published for action.
. The data will be backed up.
Deliverables: - Completion of inventory, attribute and pavement performance data collection.
Salina Contract Exhibitsv2.doc
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Data Management and Analysis
The objective of this task is to collate, process, and load the field data into the CarteGraph system.
Quality Control and Data Processing - the following data management functions will be completed:
. Completion of the project QAlQC program.
. Update the streets inventory to add new streets. Ensure the link between all streets and GIS is
correct (optional). Provide an exceptions report of streets that do not link up.
. Take the electronic, digital and inventory data outputs from the RST and make them ready for
processing (remove skips, repeats, invalid data etc).
. Process the detailed and aggregated data to develop the condition scores on a section-by-section
basis following the existing and updated street network definition.
. Make the data ready for delivery and uploading; complete the uploading and systems tests to
CarteGraph.
Shape Files and GIS Integration Option - all field data and analysis results can be linked to their
respective parent GIS section, and then a series of shape files will be created for the City including:
Street ownership and ID.
Pavement distress ratings at the detailed and sectional level.
Overall section rating and analysis results.
Digital Image Option - If selected for this project, IMS will extract single front-view digital images at 25-
foot intervals. Each image will be assigned a unique identifier and be linked to its street section in
CarteGraph and GPS coordinate for use in the GIS. Additional views can also be provided.
Training Option - This optional activity will include training on the data collection methodology, data
processing and data reporting within the CarteGraph software.
Deliverables: - Quantified surface 'distress, rut, roughness and optional data that have been QA/QC'd and
loaded into the CarteGraph application.
- GIS linkage of pavement data (optional).
- Image linkage in CarteGraph (optional).
- Training (optional).
11\1:5;
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Salina Contract Exhibitsv2.doc
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EXHIBIT B - SCHEDULE
Field surveys are expected to progress at a rate of approximately 30 miles per day and are expected to
proceed at 6 days per week depending on weather. Assuming a survey of 272 test miles of streets, the
elapsed time for the survey is estimated at 2-3 weeks.
Activity
Project Initiation
Project Initiation and Network
R efe re n c in g/5 treets Lis t
Fie IdS u rv e y 5
Mobilization & Calibration
R5 T 5 u rve y
QA Checks/Review
Data Man age men t
Data Processing & QA/QC
CarteGraph Configuration and Load
2
Wee ks
345
7
6
Assuming a February 2011 approval, we will schedule the Salina data collection with other projects in the
area (to eliminate a separate mobilization charge) with a target completion date of
June 17, 2011 (weather permitting).
IM5
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Salina Contract Exhibitsv2.doc
EXHIBIT C - ESTIMATE OF COSTS
FEE SCHEDULE
IMS proposes to perform the field data collection, software implementation and related services in
accordance with the following fee schedule:
Project Initiation and Sectioning
Mobilization & Calibration
Laser RST Surface Condition Survey
Data Processing
G)S Linkage
CarteGraph Formatting, Data Load & QAlQC
Digital Images @ 25' intervals
Manual Distress Rating Training - 2 days on site
Master Asset List Development
Digital Image Storage for Future Extractions
ROW Asset Extraction
Signs and Supports
Traffic Signals and Supports
Light Poles
Curb and Gutter
Storm Sewer Inlets
Manholes
Sidewalks
ADA Ramps
Driveway aprons (point asset)
Driveway aprons (linear asset)
Hydrants
Trees
Pavement Markings (point asset)
Pavement Striping (linear asset)
Guard Rails
Misc. Street & ROW Hardware
Ditches
$2,500.00
$3,000.00
$115.00/test mile
$10.00/mile
$20.00/mile
$3,500.00
$10.00/mile/view
$3,000.00
$200.00 - $1,500.00
$9.00/mile
$2~50/sign and/or support
$2.25/signal and/or support
$1.75/pole
$2.50/curb block
$1.75/inlet
$1.75manhole
$2.50/sidewalk block
$1.75/ramp
$1.75/apron
. $2.50Iapron
$2.50/hydrant
$2.50/tree
$2.00/marking
$2.50/block
$2.50/guard rail
$2.25/feature
$2.50/ditch
Fee estimates for ROW asset extraction using a per mile unit price will be provided upon request. Assets
(e.g. sidewalks, light poles, hydrants, inlets, etc.) vary dramatically from City to City and neighborhood to
neighborhood within the City depending on age, terrain, zoning districts, etc. Since there are some
advantages to extracting multiple assets during the extraction activity, IMS will try to assist the City in
developing a budget by offering a cost per mile alternative, in addition to or in lieu of the cost per asset
previously referenced.
,,,..
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Salina Contract Exhibitsv2.doc
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HOURLY RATES
Time and materials based activities may be added to the scope at the request of the City. The IMS
charge out rates are as follows:
Position
Hourlv Rate
Principals
Project Manager/ Sr. Project Engineers
Project Engineers
Project Technician/Staff Professionals
Field Survey Technicians
Administrative Support
Travel and Per Diem
$135.00
$115.00
$85.00 to $105.00
$65.00 to $85.00
$45.00 to $65.00
$50.00
Cost Plus 15%
COST SUMMARY ESTIMATE
The following cost estimate summary is based on performing an evaluation of 272 test miles of the City's
street network (250.3 centerline miles).
Project Initiation
1. Project Initiation and Sectioning
$2,500.00
Field Survey
3. Mobilization & Calibration
4. Laser RST Surface Condition Survey - 272 mi @ $115/mile
No Charge*
$31,280.00
Data Management
5. Pavement Data Processing - 272 mi @ $1 O/mile
6. Data QAlQC with CarteGraph Format & Load
Base Program Total
$2,720.00
$3,500.00
$40,000.00
* Mobilization cost was eliminated assuming the project is scheduled with other projects in the area
Optional Services
Digital Images @ 25' intervals (single view) - 320 mi @ $1 O/mile
GIS Linkage - 285 centerline miles @ $20/centerline mile
Digital Image Storage for Future Extraction- 320 miles @ $9/mile
Manual Distress Rating Training - 2 days on site
$3,200.00
$5,700.00
$2,880.00
$3,000.00
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'iIMS
Salina Contract Exhibitsv2.doc
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-~
OP 10: JA
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