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Agreement Preliminary Desing Smoky Hill River Master PlanAGREEMENT BETWEEN THE CITY OF SALINA, KANSAS and Wright Water Engineers, Inc. for Detailed Scope and Estimated Engineering Fee for the Preliminary Design of the Primary Phase of the Smoky Hill River Renewal Master Plan This Agreement is entered into n ,\7-, 2014 by and between the City of Salina, Kansas, (the "City") and Wright Water Engineers, Inc., a Colorado Corporation (the "Consultant'). Recitals A. The City desires to contract for professional engineering services for the purpose of preparing a detailed scope of work and estimated engineering fee for the Primary Phase of the Smoky Hill River Renewal Master Plan in compliance with federal, state, and local regulations. B. The Consultant has the requisite qualifications and experience to perform the services needed by the City and desires to perform those services pursuant to the terms of this Agreement. The parties, in consideration of the mutual promises set forth in this Agreement, agree and covenant: 1. Definitions. Capitalized words used in this Agreement shall have the following meanings: . "Agreement" means this Agreement for completing a detailed scope and estimated engineering fee for the primary phase of the Smoky Hill River Renewal Master Plan, as amended and supplemented from time to time. "City" means the City of Salina, Kansas. "Consultant" means Wright Water Engineers, Inc., and its successors. 2. Exhibits. The following Exhibits are attached to and made a part of this Agreement (Mark with "X" if applicable): Exhibit A: Responsibilities of the Parties Exhibit B: Term; Schedule Exhibit C: Basis of Payment Exhibit D: Insurance Requirements 3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and incorporated Exhibit A. 4. Term; Schedule. The Consultant agrees to perform its responsibilities during the term and according to the timeframe and schedule described in Exhibit B. subject to the potential for prior termination pursuant to the terms of this Agreement. 5. Pavment. The City shall pay the Consultant for the performance of its responsibilities pursuant to this Agreement as set forth in Exhibit C. 6. Insurance Requirements. 6.1. Types and Amount of Coverage. The Consultant agrees to obtain insurance coverage as specified in Exhibit D, attached hereto, and shall not make any material modification or change from these specifications without the prior approval of the City. If the Consultant subcontracts any of its obligations under this Agreement, the Consultant shall require each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure of the Consultant or its Consultant Services (2014-06-18) subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Consultant of liability. 6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A- V1I in the most recent "Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in Exhibit D. all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 6.3. Certificate of Insurance. The parties acknowledge that the Consultant has provided the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Agreement. The City reserves the right to require complete certified copies of all insurance policies procured by the Consultant pursuant to this Agreement, including any and all endorsements affecting the coverage required hereunder. 7. Iniury to Persons or Damage to Property. The 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 notify the City's Risk Management Department at (785) 309-5705 in the event of such injury to person(s) or damage to property. 8. Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify and hold harmless the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims, damages. losses, and expenses are caused by the wrongful acts, negligent acts, errors, or omissions arising out of or related to the services of the Consultant, its employees, agents, or any tier of subcontractors in the performance of this Agreement. 9. Voluntary Termination. Either party may terminate this Agreement, with or without cause, upon thirty (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 satisfactorily performed through the date of termination, but no compensation shall be earned after the effective date of the termination. Within five (5) days of any such termination, all finished or unfinished documents, data, studies.. surveys, drawings, maps, models, photographs, reports or other material prepared by the Consultant pursuant to this Agreement shall be delivered to the City. Notwithstanding the above, the Consultant shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Consultant, and the City may withhold any payments to the Consultant for the purposes of setoff until such time as the exact amount of damages due the City from the Consultant may be determined. 10. Default. If either party fails to comply with any term of this Agreement within ten (10) days after written notice to comply has been mailed by the non-defaulting party to the defaulting party, such failure shall be deemed an immediate breach of this Agreement ("Event of Default"). 11. Remedies. Upon the occurrence of an Event of Default, the non-defaulting party shall have the following rights and remedies, in addition to any other rights and remedies provided under this Agreement or by law: 11.1 Termination. The non-defaulting party shall have the right to terminate this Agreement or terminate the defaulting party's rights under this Agreement. 11.2 Other Remedies. The non-defaulting party may pursue any available remedy at law or in equity (including specific performance) by suit, action, mandamus or other proceeding to enforce and compel the performance of the duties and obligations set forth in this Agreement, to enforce or preserve any other rights or interests of the non-defaulting party under this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non-defaulting party resulting from such Event of Default. 12. Non-Assignable. Due to the unique qualifications and capabilities of the Consultant, neither the rights nor responsibilities provided for under this Agreement shall be assignable by either party, either in whole or in part. 13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt, but if the receipt is not returned within five (5) days, then three (3) days after mailed, if sent by registered or certified mail or commercial courier service; or the next business day, if sent by overnight air courier service. 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: Martha A. Tasker Director of Utilities City of Salina, Kansas P.O. Box 736 Salina, KS 67402-0736 CONSULTANT: Wright Water Engineers, Inc. 2490 West 26h Avenue_, Ste. Al 00 Denver, CO 80211 14. Retention and Inspection of Records. The Consultant shall maintain complete, accurate, and clearly identifiable records with respect to all costs and expenses incurred under this Agreement. The records shall be maintained during the term of this Agreement, and for a period of three (3) years from the date of final payment under this Agreement (the "Retention Period"): provided, however, that if any litigation, claim or audit is commenced prior to the expiration of the Retention Period, then the Retention Period shall be extended until all litigation, claims or audit findings have been completely terminated or resolved, without right of further appeal. During the Retention Period, the Consultant shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to, or arising under, this Agreement. The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing, confirming, and verifying the nature and amount of all costs and expenses incurred under this Agreement. The City agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes, subject to the Kansas open records act or other applicable law. 15. Non -appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the City, it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Agreement, the City shall so notify the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal year(s) affected by the decision of the governing body not to appropriate. 16. 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 responsibilities as outlined in Exhibit A. 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. 17. Subcontracting. Consultant shall not subcontract any work or services under this Agreement without the City's prior written consent. 18. Compliance with Applicable Law. Consultant shall comply with all applicable federal, state, and local law in the performance of this Agreement. 19. EqualOpportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Consultant and its subcontractors, if any, agree that: (1) The Consultant shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Agreement because of race, sex, religion, age, color, national origin, ancestry or disability; (2) The Consultant shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer," or a similar phrase to be approved by the City's human relations director; (3) If the Consultant fails to comply with the manner in which the Consultant reports to the Kansas human rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the Consultant shall be deemed to have breached this Agreement and it may be canceled, terminated or suspended, in whole or in pan, by the City; (4) If the Consultant 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 Consultant shall be deemed to have breached this Agreement and it may be canceled, terminated or suspended, in whole or in part, by the City; (5) The Consultant shall not discriminate against any employee or applicant for employment in the performance of this Agreement because of race, sex, religion, age, color, national origin, ancestry or disability; and (6) The Consultant shall include similar provisions in any subcontract under this Agreement. (b) The provisions of this section shall not apply to this Agreement if the Consultant: (1) Employs fewer than four employees during the term of this Agreement; or (2) Contracts with the City for cumulatively 55,000 or less during the City's calendar fiscal year. 20. Administration of Agreement. All references in this Agreement requiring the City's participation or approval shall mean the participation or approval of the City Manager or his designee, unless otherwise provided herein. 21. Attornev Fees. If any suit or action is instituted by either party hereunder, including all appeals, the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non -prevailing party, in addition to any other amounts to which it may be entitled. 22. Right to Independent Legal Advice. The Consultant understands and acknowledges the right to have this Agreement reviewed by legal counsel of the Consultant's choice. 23. Applicable Law; Venue. This Agreement and its validity, construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be in the Saline County, Kansas District Court. 24. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any pay. 25. Time. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m. of the next full business day. 26. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. 13 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement, and that the execution and delivery of this Agreement have been duly and validly authorized by the governing body of each party. 28. Persons Bound. This Agreement shall extend to and bind the heirs, executors, administrators, trustees, successors and authorized assigns of the parties hereto. 29. Counterparts. This Agreement 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. 30. Amendments. Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver, or termination is sought. 31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 32. Conflict Resolution. No interpretation of this Agreement shall be allowed to find the City has agreed to binding arbitration. 33. No Third Partv Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims under this Agreement. There are no intended third party beneficiaries under this Agreement, and no third parties shall have any rights or make any claims hereunder. 34. Typewritten or Handwritten Prosisions. Typewritten or handwritten provisions inserted or attached, and initialed by all parties, shall supersede all conflicting printed provisions. 35. Feminine -Masculine, Singular -Plural. Wherever used, singular shall include the plural, plural the singular, and use of any gender shall include all genders. 36. Headings. The headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 37. Mercer Clause. These tetras 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. CITY OFS A, KANSAS WRIGHT TER ENGINEERS, INC. By: By: q� - /� r� JAAjge, Ciry Manager/Attest:. _ (name) Miki , dministrative Assistant III C 1 //�7 t o✓ Form: 4 (title) EXHIBIT A RESPONSIBILITIES OF THE PARTIES Scope of Work and Budget Projection Preliminary Design Primary Phase of Old Smoky Hill River Channel Wright Water Engineers, Inc. (WWE) will prepare a detailed description of work tasks required for Preliminary Design along with an associated cost projection. "Preliminary design," would include drawings and associated engineering details at about a 30 -percent level. The Preliminary Design would include the items listed in the Smoky Hill River Renewal Master Plan, Primary Phases IA and 1B with a focus on steps to get the water flowing and the Downtown improvements from Walnut Street to the Western Star Mill dam including the Riverwalk channel and the Founders Park/Mill Plaza improvements. WWE's anticipated work product is a letter report to the City which would present the steps that an engineering team would need to take to develop a preliminary design. This letter report will outline a scope of work that could be included in a Request for Qualifications for Preliminary Design of the Primary Phase. Representative topics that will be covered, but not limited to, are as follows: Based on the previous work on this project that WWE has conducted for the City of Salina and, before that, the Friends of the River, in conjunction with our experience in other locations on stream restoration master planning, we would prepare a preliminary design scope of work and cost projection for the City. Representative topics that would be covered include: 1. Undertake the necessary steps to "get the water flowing again," focused primarily on sediment removal, installing temporary piping at South Ohio, facilitate diversion of flows from the mainstem of the river with return of the flows back to the river at the downstream end of the Old Channel, and that water rights considerations are appropriately accounted for. 2. Develop a plan for supplemental water supply to the channel that may include a recirculation system from Lakewood Park Lake or use of Access District storage water. 3. Develop a plan with priorities to clean up the channel. 4. Develop preliminary design for sedimentation basin. 5. Develop preliminary design for 12 -foot trail with lighting, at least in selected locations. 6. Prepare preliminary design for roughly one-quarter mile of hardscape, in downtown area including streetscaping, hardscaping, specific improvements to the channel in that area, along with preliminary design of Founders Park/Mill Plaza Improvements and the Iron Avenue Bridge. 6. Evaluate whether there will be a benefit to the regulatory floodplain of removing sediment from the channel and establishing channel cross section per the Master Plan (to do this, detailed survey data would be necessary and hydraulic modeling of the 100 -year flood would need to be conducted for the existing condition versus the proposed condition). A-1 7. Investigate potential impacts to private properties along the channel, and identify property owners who the City will need to meet with. This applies to both potential long-term changes to the channeUadjoining corridor as well as to channel access during sediment removal and other modifications to the channel. 8. Identify key access locations to the channel, for sediment removal and construction, as well as staging areas. 9. Define project limits, including phasing considerations. 10. Collect necessary Feld data for the preliminary design, such as utility locates, survey data, property ownership, potential additional environmental investigation, and geotechnical data. 11. At a preliminary level, address permitting needs which will include 404 Permit strategy for wetlands and mitigation, impact to "Waters of the U.S." Other permits to be addressed include stormwater discharge permit and groundwater permits from KDHE, water rights, permits for activities in the floodplain, and City permits. A-2 EXHIBIT B TERM SCHEDULE WWE anticipates completing a Draft of the Letter Report for the Scope of Work for Preliminary Design by October 1, 2014. The Letter Report will be finalized two weeks after the receipt of comments from the City. IM EXHIBIT C BASIS OF PAYMENT 1. Payment for work performed by the Consultant under this agreement will be made at the approved contract lump sum price of S14,760 for the work tasks as outlined following. One invoice shall be submitted at completion of the work. Such payment shall compensate the Consultant for all costs in connection with furnishing the basic services of the Consultant as identified in Exhibit A. The Total Fee will not be exceeded without written authorization by the City. Work Description Hours Task 1 Project Approach - Provide background and overview of Primary Phase of Project 4 2 Primary Phase Preliminary Design components - Itemize and provide brief description of major construction components to be included in the Preliminary Design 8 3 404 Permit - Outline scope of work for delineation and pre -application meeting with USACE 8 4 KDHE Permitting - Summarize permit requirements including 401 Certification, Stormwater Permit Discharge, and Groundwater discharge Permit 4 5 Floodplain Regulatory Issues - Provide background on past work and reference relevant documents. Discuss current status with city staff. Outline work tasks involved for the hydraulic modeling and CLOMR Submittal 12 6 Design Hydrology - Summarize water rights diversion rates, local drainage discharge to Old Channel, and combined discharge scenarios 4 7 River Intake and Sedimentation Design considerations 4 8 Channel Design - Outline design considerations for Old Channel including hydraulics, aesthetics, access and maintenance. 4 9 Western Star Mill Dam Restoration and Moveable Dam 2 10 Iron Avenue Bridge Replacement 4 11 Founders Park/Mill Plaza, Riverwalk, and strearnside amenities 6 12 Trail System Design Considerations - Scope of work including relation to channel water elevations 8 13 Other design considerations including safety and maintenance 2 14 Preliminary Design Costs - Prepare budgeting estimate for Primary Phase Preliminary Design 12 15 Prepare Letter Report 8 Total Hours 82 Average Hourly Rate S 180 Labor total S 14,760 C-1 EXHIBIT D INSURANCE REQUIREMENTS (Consultant Services) Pursuant to Section 6 of the Agreement, the Consultant shall obtain, pay for, and maintain — and shall require each of its authorized subcontractors to obtain and maintain — for the duration of the Agreement, policies of insurance meeting the following requirements: 1. General Requirements. A. Additional Insured. With the exception of the workers' compensation and professional liability policies to be obtained by the Consultant hereunder, all policies shall name as an additional insured the City, its agents, representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall be as broad as the insurance for the named insured, including defense expense coverage, and shall apply as primary and non- contributory insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured(s). B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of subrogation in favor of the City, its agents, representatives, officers, officials, and employees. C. Claims Made Policies. In the event coverage is provided on a claims -made basis, the insurance shall be maintained for a period of not less than two (2) years after completion of the contract or in lieu thereof purchase of tail coverage (extended reporting period) under which the City shall be afforded protection. 2. Specific Coverage Requirements. A. Professional Liability — Errors and Omissions. The Consultant shall maintain professional liability insurance covering against claims for damage arising from the work performed by the Consultant as specified in this contract. The policy limits shall not be less than the following: • Each occurrence 51,000,000 • General aggregate 51,000,000 B. Commercial General Liability ("CGL"). The Consultant shall maintain CGL coverage written on ISO Occurrence form CG00 01 or an industry equivalent and shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Contractual Liability, Independent Consultants and Advertising Injury. The policy limits shall not be less than the following: • Each occurrence 51,000,000 • General aggregate $2,000,000 • Personal and Advertising Liability S 1,000,000 D-1 C. Business Automobile Liability ("BAL"). The Consultant shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the Consultant and include automobiles not owned by but used on behalf of the Consultant. The BAL policy limits shall not be less than the following: • Combined single limit 51,000,000 D. Workers' Compensation/Emplover's Liability. The Consultant shall maintain workers' compensation and employer's liability coverage with policy limits not less than the following: • Workers' Compensation (Coverage Part A) o Statutory • Employer's Liability (Coverage Part B) 0 5100,000 each accident o S500,000 disease— policy limit o S100,000 disease— each employee The Consultant shall be responsible for all premiums and retention or deductible expense for any and all policies shown above. D-2 ACORO° CERTIFICATE OF LIABILITY INSURANCE 28'12014DNYYY) 3/28/2014 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(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 lieu of such endorsement(s). PRODUCER USI Colorado LLC 1515 Wynkoop, Suite 200 Denver CO 80202 CONTA NAME: Katy Star PNONE FA% N.),303-831-5995 EAtAIL ADDRES INSURE S AFFORDING COVERAGE NAIL e E INSURER A: ' Y INSURED INSURER B :X Wright Water Engineers, Inc. Waste Engineering, Inc. 2490 W. 26th Ave., Suite I 00 INSURERC:UNDERWRITERS INS CO I Pot 4 INSURER D: 11 PREMISES Fa aaunenoe 1300,000 Denver CO 80211 INSURER E:HadfQ[d Casualty Ins Co. 2 INSURER F: COVERAGES CERTIFICATE NUMBER: 883966208 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. NSR TYPE OF INSURANCE ADDLSURR NSR I WVD I POLICY NUMBER I MMIDDY EFF I MOACOY EXP LIMITS E I GENERAL 4IABILrrY Y Y 34SBAPN5697 '121312013 t2f37/2014 EACH OCCURRENCE s1,000,000 PREMISES Fa aaunenoe 1300,000 x COMMERCIAL GENERAL LIABILITY CLAIMSJMDE a OCCUR MED EXP ( one person $10,000 PERSONAL B ADV INJURY 51,000,000 GENERAL AGGREGATE $2,000,000 GEN AC GREGGATTE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 52,000,000 POLICY F I PR a I LOC f C AUTOMOBILE LIABILITY Y Y 34UECKW6977 2/31/2013 '12/31/2014Eaemaeat 1000000 BODILY INJURY (Par person) f ANY AUTO ALOSNEDS OEDGILY INURY(Peracatlen) f qSCHEDULEDO WD AUTO PHIRED '7IiAMAGE Sf� f E IxUMBRELLA LAB X OCCUR Y 34SBAPN5697 12/31/2014 EACH OCCURRENCE 42,000,000 AGGREGATE $2,000,000 CESS LIAR CLAIMS -MADE I IM2/3113 DED Ix I RETEMDONf10.000 $ A D WORKERS COMPENSATION AND EMPLOYERS' YIN ANY PROPMETOR/PARTNERIEXECImVE❑ OFFICERIMEMBER EXCLUDED? NIA y 992762 7158422 6112013 9112013 6/72014 9/12014 X we STATU- OTH- EL EACH 51,000,000 _AC E.L. DISEASE - EA EMPLOYE 57,000,000 (Mandatory N NH) X yyas. aesaiMum e OESCRIPTIONOF OPERATIONS aew« E.L. DISEABE-POLICY LIMIT 11.000.000 B Professional Liability 2/372013 X2/312014 Per Claim $2,000.000 IClaims aaiati Annual Aggregate 54,000,000 PollutiGy IncludedOPR9710362 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addltlonal Remarks SchW ule, H more space is required) As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and Owner are included as Additional Insureds for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insured under Umbrella / Excess Liability but only with respect to liability arising out of the Named Insured's work performed on behalf of the certificate holder and owner. This insurance will apply on a primary, non-contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers' Compensation. Contractual Liability is included. The Umbrella / Excess Liability policy provides excess coverage over the See Attached... City of Salina, Kansas Attn: Martha Tasker 300 West Ash PO Box 736 Salina KS 67402-0736 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED n 1988.2010 ACORD CORPORATION. All rights ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD /SCO 111.� AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED USI Colorado LLC Wright Water Engineers, Inc. voucr NuxaEa Waste Engineering, Inc. 2490 W. 26th Ave., Suite 100a Denver CO 80211 CARRIER NAIL CODE EFFECTIVE DATE: AQUI I IUINAL KCMAKRS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability, Automobile Liability and Employers Liability. Included as Additional Insured and Waiver of Subrogation in favor of: City of Salina, its agents, representatives, officers, officials, and employees. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD