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Shop Towel and Floor Mats (Utilities) CONTRACT THIS AGREEMENT, made and entered into this 7/' day of ��- , 20/5, by and between the City of Salina, Kansas a municipal corporation, First Party, hereinafter referred to as the "Owner" and NCK Commercial Laundry, Second Party, hereinafter referred to as the "Contractor." WITNESSETH: ARTICLE 1. It is hereby mutually agreed that for and in consideration of the sum or sums to be paid the Contractor by the Owner, as set forth in the accepted Proposal and in accordance with the provisions of the"General Conditions,"the said Contractor shall furnish all labor, equipment, accessories and material and shall perform all work necessary to complete the shop towel and floor mat services in strict accordance with the attached-scope of work. ARTICLE 2. It is hereby further agreed that in consideration of the faithful performance of the work by the Contractor, the Owner shall pay the Contractor the sum or sums due him, by reason of said faithful performance of the work, at stated intervals and in the amounts certified by the Director of Utilities; in accordance with the provisions of the "General Conditions," and as set forth in the attached proposal. ARTICLE 3. It is hereby further agreed that at the completion of the work and its acceptance by the Owner, all sums due the Contractor by reason of his faithful completion of the work will be paid the Contractor by the Owner on a bi-weekly basis after said completion and acceptance. ARTICLE 4. This contract and all covenants and agreements thereof shall be binding upon and for the benefit of the heirs, executors, administrators, successors and assigns of said Contractor. ARTICLE 5. It is hereby further agreed that the undersigned will complete the scope of work on a bi-weekly basis (every two (2)weeks) at all locations beginning March 1, 2013 and concluding December 31, 2015. C-1 IN WITNESSETH WHEREOF, the First Party and the Second Party, respectively, have caused this agreement to be duly executed in triplicate the day and year first herein written, all copies of which to all intents and purposes shall be considered the original. CONTRACTOR, SECOND PARTY NCK COMMERCIAL LAUNDRY BY a Cp (Office or position of signer) Seal - if Contractor be a corporation OWNER, FIRST PARTY THE CITY OF SALINA, KANSAS BY G DIRECTOR OF UTILITIES C-2 2013 — 2015 UTILITIES DEPARTMENT SHOP TOWEL AND FLOOR MAT SERVICES CITY OF SALINA PROPOSAL FORM TO: Director of Utilities City of Salina, Kansas The undersigned agrees to the conditions and terms listed in the attached General Conditions and in the attached Scope of Work (PO/SW-land UTD/SW-1). ' The undersigned will provide the Plant Operations Division and Utility Division Shop Towel and Floor Mat Services specified for a bi-weekly fee of ($) )9 3.a I For accounting purposes provide the following: Water Treatment Plant ($) Q .'J& Wastewater Treatment Plant($) 2-)(0 5D Water Distribution Warehouse($) 4)4], an Wastewater Collection Warehouse($) 9,1)5 Signed )4- dd. of ,jonitar`i , 20 )3 By mol.dr. I r / Firm N, me no LOmmPrCial LQt Ind rul (Typed or Printed) Street Address can L.) and City, State Zip Code Cn enrtho Ks (oho9o) Phone op -Qyz3 -e/q 33 PF - 1 2013 — 2015 UTILITIES DEPARTMENT SHOP TOWEL AND FLOOR MAT SERVICES CITY OF SALINA GENERAL CONDITIONS General Shop towel and floor mat services shall occur each year for the next (3) three-years at locations per Scope of Work beginning March 1, 2013 and concluding December 31, 2015. Services will take place bi-weekly (every two (2) weeks) at all locations. The scope of work includes the bi- weekly pick up and replacement of shop towels and floor mats at the Water Treatment Plant, Wastewater Treatment Plant, Water Distribution Warehouse, and Wastewater Collection Warehouse. All shop towels and floor mats shall be provided by the service provider. Contractor's Insurance Requirements See sheet CI -1. Equal Opportunity See sheet E0-1. Termination of Agreement If either party decides to terminate this (3) three-year shop towels and floor mats agreement, they are to provide the other party with a written termination notice, which shall take effect no less than 30 days from the date of notification. Payment Payment for services rendered will be bi-weekly. Payment will be made on the Friday of the following week after invoice is received. The City of Salina agrees that the monthly fee set forth in the Proposal Form shall be increased by 4% at the beginning of each calendar year to allow for projected increases in labor costs, fuel cost, transportation costs and other related costs involved in providing the shop towel and floor mat services for the City of Salina, Utilities Department. Questions regarding the Wastewater and Water Plant worksites are to be addressed to: Kurt Williams, Plant Operations Manager 401 South 5th Street Salina, Kansas 67401 785-826-7305 (Office) or 785-819-0463 (Cell) Questions regarding Water Distribution and Wastewater Collections are to be addressed to: David Lady, Utility Superintendent/Utility Engineer II 401 South 5th St Salina, Kansas 67401 785-826-7305 (Office) or 785-280-3332 (Cell) GC - 1 abet Contractor's Insurance Salina Requirements The following requirements shall not be construed to limit the liability of the Contractor or It's 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. Questions regarding these requirements should be directed to Nancy Schuessler, Risk Management Specialist at(785) 309-5705. Commercial General Liability Insurance The Contractor shall provide public liability insurance coverage in an amount no less than $500,000 covering the liability of the Contractor and any and all consultants, agents, independent contractors, etc. which are employed or retained by the Contractor, on an occurrence basis. The insurer must be acceptable to the City of Salina. Upon review of each project, the Risk Management Department may require higher or lower coverage limits. In lieu of the above coverage, the Contractor may provide coverage for its 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. Automobile Liability _ _ The Contractor shall provide-coverage protecting.the-contractor against-claims-for bodily injury - - - - - -- - - and/or property damage arising out of the ownership or use of any owned, hired and/or non- owned vehicle. Required minimum limits: $500,000 each accident, combined single limits, bodily injury and property damage. Worker's Compensation Before beginning work, the Contractor shall furnish to the City satisfactory proof that he has taken out, for the period covered by the work under this contract, full workers' compensation coverage as required by state law for all persons who he may employ directly, or 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. 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. 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. 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 Contractor's negligent acts. Rev.04/08 CI-1 EQUAL OPPORTUNITY (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and its subcontractors, if any, agree that: (1) The Contractor shall observe the provisions of the Kansas act against discrimination and shall not discriminate against any person in the performance of work under this Contract because of race, sex, religion, age, color, national origin, ancestry or disability; (2) The Contractor shall observe the provisions of Chapter 13 of the Salina Code and shall not discriminate against any person in the performance of work under this Contract because of race, sex, religion, age, color, national origin, ancestry or disability; (3) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer," or a similar phrase to be approved by the city's human relations director; (4) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the Contactor shall be deemed to have breached this-Contract and-it may be canceled, terminated or- suspended, in whole or in part, by the City; (5) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final, the Contactor shall be deemed to have breached this Contract and it may be canceled, terminated or suspended, in whole or in part, by the City; (6) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this Contract because of race, sex, religion, age, color, national origin, ancestry or disability; and (7) The Contractor shall include similar provisions in any subcontract under this Contract. (b) The provisions of this section shall not apply to this Contract if the Contractor: (1) Employs fewer than four employees during the term of this Contract; or (2) Contracts with the City for cumulatively $5,000 or less during the City's calendar fiscal year. EO-1 2013-2015 PLANT OPERATIONS DIVISION SHOP TOWEL AND FLOOR MAT SERVICES CITY OF SALINA SCOPE OF WORK The City of Salina, Plant Operations Division is accepting proposals for shop towel and floor mat services at the Water and Wastewater Treatment Plants. The following services shall be performed bi-weekly, March 1, 2013 through December 31, 2015: Water Treatment Plant 401 South Fifth Street Description Quantity ♦ Red Shop Towels 200 • 3' x 4' Navy Mats 9 O 4' x 6' Navy Mats 4 ♦ 36" Dry Mops 2 ♦ 48" Dry Mops 1 Wastewater Treatment Plant 596 North Marymount Road Description Quantity ♦ Red Shop Towels 400 ♦ 3' x 4' Navy Mats 2 ♦ 4' x 6' Navy Mats 4 ♦ 36" Dry Mops 2 ♦ Roll Towel Cabinets 1 ♦ Stock Roll Towels 10 ♦ Wet Mops 3 PO/SW-1 2013-2015 UTILITIES DIVISION SHOP TOWEL AND FLOOR MAT SERVICES CITY OF SALINA SCOPE OF WORK The City of Salina, Utility Division is accepting proposals for shop towel and floor mat services at the Water Distribution and Wastewater Collections Warehouses. The following services shall be performed bi-weekly, March 1, 2013 through December31, 2015: Water Distribution Warehouse 319 East Elm Street Description Quantity ♦ Red Shop Towels 300 ♦ Cotton Towels 200 ♦ 3' x 4' Navy Mats 5 ♦ 36" Dry Mop 1 ♦ 24" Dry Mop 1 ♦ Wet Mops 1 ♦ Laundry Bag 1 Wastewater Collections Warehouse 596 North Marymount Road Bldg #7 at Wastewater Treatment Plant Description Quantity ♦ 3' x 4' Navy Mats 4 ♦ 24" Dry Mop 1 ♦ Wet Mop 1 UTD/SW-1 02/06/2013 16: 15Peop les Insurance (FAX)785 243 J124 ' UJ I/LIU I u4 Cda�,�"r, ® DATE(MMInoIYYYY) CERTIFICATE OF LIABILITY INSURANCE 02/06/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE F M AL A OR T COVERAGE AFFORDED POLICIES BELOW. THIS CERTFIICATEFNSURANCE DO SNOTCONSTTUTE C NTRACTBETWEENTHE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the polloy(les)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 Ileu of such endoreement(a). PRODUCER CONTACT NAME: Peoples Insurance-Concordia F(qrya Peh(765)243-2494 I TM,N0),(765)243-3124 1409 Lincoln Ave. ADDRa99: Concordia,KS 66901 IN8URER(5)AFFORDING COVERAGE _ NAICf INSURER A I Allied • INSURED INSURER 13:Allied Nck Commercial Laundry, Inc, INSURER C: 215 W 3Rd St . INSURER D I RTW INC. Concordia,KS 66901 INSURER II INSURER PI COVERAGES CERTIFICATE NUMBER: 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 DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPO Or INSURANCE IWOC�U� POLICY SPE EMMY SIP ' LTR MR INSR MD POLICYUIUMBER IMMICDF/YYYI IMMIDDIT Y ) LIMITS A GENERAL LIABILITY ACPGLA05115220 711/2012 .11-112013 EACH OCCURRENCE a 1000000 DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(En mum* S 100000 ICLAIMS-MADEOOCCUR MEDEXP(Any nine paree(1) $ 5000 PERSONAL AADV INJURY 8 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO 3 2000000 GA El POLICY I JF 1 1 LOO y(E NOPW�MNIN( A B AUTOMOBILE LIABILITY ACPBA5115220 7/1/2012 7/112013 ,LI:UMIT a 1000000 MY AUTO BODILY INJURY(Par paean) I _ ,-.� ALL OI ED SCHEDULED 1COILY INJURY(Per accident) 3 NON-OWNED PROPERTY DAMAGE 3 HIRED AUTOS AUTOS IPOC&Odell --- 5 UMIRILLA/JAS OCCUR EACH OCCURRENCE I — EXCESS LIAM CLAMS-MADE AGGREGATE S DEO RETENTIONS Wahl, a + TH, D WORKERS COMPENSATION bcks000072-1 7/1/2012 7/1/2013 hl, I DER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YI❑N N/A (Mandatary In N H)) EL EACH ACCIDENT S OFFICEREXCLUDED? EL DISEASE-EA EMPLOYEE 8 NH) CEyS RIPTIOe OFQ EL DISEASE-POLICY LIMIT 3 028GRIPTION DF GPERATLONS blew , I DESCRIPTION OP OPERATIONS/LOCATIONS/VEHICLES (Attach ACDRD 101,Additional Remed,e Schedule,It more apace la requtred) CERTIFICATE HOLDER CANCELLATION THE EXPIRATION DATE THEREOF, NOTICE POLICIES CANCELLED BEFORE IN CITY OF SALINA ACCORDANCE WITH THE POLICY PROVISIONS, AI/WORMED REPRESENTATIVE I - SO 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 12 01 010 5) The ACORD name and toga are registered marks of ACORD