Water & Sewer Contract F'T Op
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s G DEPARTMENT OF THE ARMY .-
i HEADQUARTERS FORT RILEY
j/1 FORT RILEY, KANSAS 66442
ALRGL-P 8 March 1968
City of Salina .
Salina, Kansas 67401
Gentlemen:
Attached is your copy of Contract Number DABE13-67-09758
Modification No: 0002
Please acknowledge receipt, as indicated below, and return this letter
to Purchasing and Contracting Division, Bldg #179, Fort Riley, Kansas 66442.
Sincerely,
I Inc] HELEN WHORTON
as Contracting Officer
RECEIPT ACKNOWLEDGED:
0— rG 8 .
(Signature) (Date)
(Title/Pos tion)
FR 29 NOV 67 FL 76(REVISED) - '
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t. STANDARD FORM 30, JULY 1966 • PAGE I Of
GENERAL SERVICES ADMINISTRATION AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 I
FED. PROC. REG. 111 CFR) 1-16.101
I. AMENDMENT/MODIFICATION NO. I2. EFFECTIVE DATE 3. REQUISITION/PURCHASE REQUEST NO. A. PROJECT NO. (If applicable)
0002 • 107MAR68
5. ISSUED BY • CODE 6. ADMINISTERED BY (If other than block 51 CODE
. Purchasing and Contracting Division . Post .Engineer
Building 179 Building 187 '
Fort Riley, Kansas 66442 Fort Riley, Kansas 66442
7. CONTRACTOR CODE L I FACILITY CODE I B.
NAME AND ADDRESS AMENDMENT OF .
r ❑SOLICITATION NO. • r
I
City of Salina DATED (See block 9)
(Street. city, Saline DAB
E13 R Kansas �CONTRACT/ORDER NO,DABE13-67-C-3758•
and
Code) •
Cey , .
I' J �e
DATED nI EPA6 (See black 111
9. THIS BLOCK APPLIES ONLY TO AMENDMENTS OF SOLICITATIONS
❑ The above numbered solicitation is arnendd as set forth in block 12. The hour and dote specified for receipt of Offers❑ is eeteded, ❑ is not extended.
Offerors must acknowledge receipt of this amendment prior to the tour and dote specified in the solicitation,or as amended,by one of the following methods:
(a)By signing and returning—copies of this amendment;lb)By acknoetedging receipt of this amendment on each copy of the offer submitted;or(c)By separate letter or telegram
which includes a reference to the solicitation and amendment nuabers. FAILURE OF YOUR ACKOWLEDGMENT TO BE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If,by virtue of this amendment you desire to change an offer already submitted,such change may be made by telegram
or letter,provided such telegram or letter makes reference to the solicitation and this amendment,and is received prior to the opening hour and date specified. v
10. ACCOUNTING AND APPROPRIATION DATA (If required)
II. THIS BLOCK APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS
MU This Change Order is issued pursuant.to the Changes elauxe of the contract_
The Changes net forth in black 12 ore made to the above numbered contract/ardor.
(b) ❑.TM above numbered contract/order is modified to reled the administrative changes(suds as changes in paying office,appropriation data,etc.)set forth in block 12.
lcl ❑ This Supplemental Agreement is entered into pursuant to authority of .
•
It modifies the above numbered contract as set forth in block 12.
12. DESCRIPTION OF AMENDMENT/MODIFICATION .
1. Building Noe 359, Schilling Manor Religgious Center, is hereby added to paragraph 6,
BILLING METHOD of the SEWERAGE SERVICE-SPECIFICATIONS, Exhibit 4'A", of the contract,
• In. the following manner to receive performance of.service under.the terms and con-
ditions of the contract: .
• Bldg No, Rate - Exhibit 0 .Jsethod of Billing
359 Inside . Single
•
2. The estimated annual volume under the contract is increased in .the amount of
201,600 gallons from 127,750;000 to 127,951,600 gallons.. The estimated annual cost •
of the contract is increased- in the amount of $99.00 from $46,167.00 to $46,266.00.
. . ; . . , .
•Except as provided herein,all terms and conditions of the document referenced in block 8,as heretofore changed,remain unchanged and in full force and effect.
13. in CONTRACTOR/OFFEROR IS NOT REQUIRED
IM TO SIGN THIS DOCUMENT ❑ CONTRACTOR/OFFEROR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO ISSUING OFFICE
14. NAME OF CONTRACTOR/OFFEROR • 17. UNITED S TATES/OF AMERICA
BY BY ../. L.. /S,Jt
r-.
-(Signature of person authorized to sign) ISignolure of Contracting Officer)
15. NAME AND TIRE OF SIGNER (Type or print) 16. DATE SIGNED 18. NAME OF CONTRACTING OFFICER (Type or print) 19. DATE SIGNED
. HELEN WHORTON ' 07MAR68
30-101-01 . •u.s.GAyuleEsI PRINTING OFFICE:the o-23e-e77
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• PURCHASING 'AND CONTRACTING DIVISION
Fort Riley, Kansas
•
31 Audust 1967
(Date)
'Mr. Naafi b. Olson .
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City Manager
City Hall Building •
- Salina, Kansas .67401
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Re. Contract Nr DABE13=67-G-3758.
and Mod No. 1
Attached is your copy of Contract Nr; , DABE13-67-C»3758 '
and Hod No: 1
Please acknowledge receipt, as.. indicated below;• and reAturn '
letter to this 'office,
• Yours very truly, - . •
•
1 Incl WH'/��/ . G.
HELEN ORTON`
.1, Contract Nr:, • Contracting Officer
DABE13-674.3758 •
• and Mod No. i
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RECEIPT ACKNOWLEDGED:
•
x'/ /967
Signature . (Date)!
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' FR 22 Jun 59 FL 76
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STANDARD FORM 30, JULY 1966 PAGE I OF
GENERAL SERVICES ADMINISTRATION AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT. : 1. 4
FED.`PROC. REG. (41 CFR) 1-16.101
I. AMENDMENT/MODIFICATION NO. 2. EFFECTIVE DATE 3. REQUISITION/PURCHASE REQUEST NO. S. PROJECT NO. (If applicable)
0001 . . . . . .
5. ISSUED BY CODE ' 6. ADMINISTERED BY (If other than block 51 CODE' I •
Purchasing a Contracting Division Post Engineer
Building 179 . Buiiding187
Fort Riley, Kansas 66442 Fort Riley, Kansas 66442
7. CONTRACTOR CODE L .I FACILITY CODE l 8.
NAME AND ADDRESS „ OF
SOLICITATION NO.
• . • - DATED (See block 9)
(Street, city. City 'of 'Sat Ina
and`ZIPa"' MODIFICATION OF NO.0AREI .6 Tee 8
Salina, tcansas �1 3 7- 375
Code) .. r ..,.
JDATED OtcFPAA (Ste block II)
9. THIS BLOCK APPLIES ONLY TO AMENDMENTS OF SOLICITATIONS '
❑ The above numbered solicitation is amended os set forth in block 12. The hour and dote specified for receipt of Offers❑ is extended, ❑ is not,extended.
Offerers must acknowledge receipt of this amendment prior to the hour and dale specified in the solicitation,or as amended,by one of the following methods:
(a)By signing and returning-copies of this amendment;(b)By acknowledging receipt of this amendment on each copy of the offer submitted;or(c)By separate letter or telegram
which includes o reference to the solicitation and amendment numbers. FAILURE OF YOUR ACK OWLEDGMENT TO BE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If,by virtue of this amendment you desire to change on offer already submitted,such change may be'mode by telegram
or letter,provided such telegram or letter makes reference to the solicitation and this amendment,and is received prior to the opening hour and dote specified.
10. ACCOUNTING AND APPROPRIATION DATA (If required)
I. THIS BLOCK APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS -
fa) ❑ This Change Order is issued pursuant to 4 .
The Changes net forth in block 12 ore mode to the above numbered contract/order.
(b) ❑ The above numbered contract/order is modified to reflect the administrative changes(such os changes inrpaying office,appropriation data,etc.)set forth in block 12.
• (c)J This Supplemental Agreement is entered into pursuant to authority of in,Uw' c C. 2304 1(A'..(in)
.
It modifies the above numbered contract as set forth in block 12.
12. DESCRIPTION OF AMENDMENT/MODIFICATION
1. The pages of the basic contract, pages 1 through 9, are 'hereby assigned the
contract form number and date OA Form 122948, 1 May 58,
2. Exhibit "A", SEWERAGE:SERV10E SPECIFICATIONS, paragraphs 1 through 7, is
hereby assigned the contract form number and date, DA Form 11233•R, 1 Dec 54,
• 3. Since Building 495 has reverted to the City of Salina, effective. 31MAR67,
and since it has been established-that no requirement for sewage service exists for
Building 670, ail references in the contract and service s ecifications to Buildings
495 and 670 are. deleted, These deletions will not materially change the estimated
annual consumption or cost of the contract.
4, Building Nos. 65, 360, and 365: inside Rate-Exhibit B, and Single Billing;
and Buildings Nos. 381 and 381E: inside Rate•Exhibit B, Conjunctive billing at •
60 percent of metered water billing,, are- hereby added to the contract and service
spaclfications with the Stated Billing Method Data,
•5. The ESTIMATED ANNUAL COST of the contract, set forth on page I, DA Form
1229•R, is hereby increased from $45,767.00 to $46,167.00•
Except as provided herein,oil terms and conditions of the document referenced in block 8,as heretofore changed,remain unchanged and in full farce and effect.
13.
❑
O SIGN THIS DOCUMENT NOT REQUIRED A,8 CONTRACTOR/OFFEROR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 3 COPIES TO ISSUING OFFICE ITO
14. NAME OF CO ITRq T /OF OR A� V. UNITED STATES O MERIC
AA
it 4- .A �,
BY Signature of person authorized to sign) BY (Signature of Contracting Officer)
15. NAME AND TITLE OF SIGNER (Type or print) 16. DATE SIGNED 18. NAME OF CONTRACTING OFFICER (Type or print) 19. DATE SIGNED
N. De OLSON •
City Manager : �fm j7 HELEN WIiDRTON 16AU&67
30-101-01 e U.S.covutater Pet MTNG order:1 eso ese-1177
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`• MOD 1FICATiON •tw 0061 TO CONTRACT NU1h$ER DAOE13-67-C-3758 Page: 2 . ,' '
" . 6.- in the contract, paragraph' 10, EQUAL OPPORTUNITY,. is hereby deleted
I, ' in. its 'entirety and the follasaing_peragraph iQ is substituted in lieu-thereof
x!,10. EQUAL OPPORTUNITY -
' • (The .following clause is applicable unless this contract is f .
' exempt under the rules and regulations of the President'srConmittee on Equal' •
• Employment Opportunity (41 C F.R:':Chapter 60). Exemptions include contracts' • .
and subcontracts . (I) not exceeding $10,000, (ii) not exceeding $100,000.for ` -
standard commercial supplies or- raw materials, and (Iii) under which *Dec.
is performed outside..the United States, and no recruitment of workers •within • .
the United States is involved.) . • . • .. - " ; : - •
During•the performanco .of .this contract, the`Contractor agrees as
foliows:
'(a)' , .The Contractor will not discriminate'against any enployeo .
or applicant for employment .because of race, creed, color, or' national• origin.
The Contractor will. take affirmative action to ensure that applicants are •
employed; and that-employees are treated during.employment, without :regard to' '
` ' their race,:creed, color,• or,national origin.: Such actionrshall' 'include but :
not be ,limited ta,- the fallowingt .enployment, upgrading, .demotion, -or transfer;
recruitment or recruitment advertising; ,lay-off or termination; :Oates .of pay
_ I ' . •.or other. forms of_conpensation; and selection .for training, including apprentice
ship. The Contractor agrees to post in:eanspicuous places, available-to"
: employees and applicants for employment,. notices to be provided by the.Con-
. tracting Officer setting- forth the provisions• of this nondiscrimination clause.'
- . (b) ? The Contractor will, in all solicitations or advertisements ,
_ for employes placed.by :or -on behalf of' the Contractor, state that ail : `
"
• . ` .' ` qualified applicants" will receivo'consideration for eaployment without regard
to-race, creed; color, or,national origin. : •
(c) The Contractor ;wiil:send to each labor union or representaA,
• , :tive: of workers. with which hp 'has. a'collective bargaining agreement •or other; •'
., Contract. or..understanding, a 'notice, to'be'provided by the ASency Contracting -
Officer; _advising the-said labor union or workers' representative of the 1.
:" Contractor!s-'comltments under"this nondiscrimination clause, and-shall post `.
copies of• the notice in-conspicuous ,places available.to employees and applicants
for. enpioynent. t ; "
•. a - • • (d) The. Contractor will conply"with ._il` provistons of Execu
• " tivo Orden No. 10925 of March:6; ,1961, as amended, and of the rules,'regulations, '
,.- and relevant orders of the Prosident's• ComOittee on:Equal Employment Oppor-,
• tunity created thereby. . -
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-MODIFICATION NO: 0661 TO CONTRACT NUMBER OA8E13-67-C-3758 ,Page 3
(o) The Contractor will furnish-all 4nformation and reports •
'required by-Executive Order No 10925 of March 6, 1961,•_as .amended, and .
by'the 'rules_ , regulations, and orders of the- said '.Cothmittee,. or pursuant
thereto and will permit. access to his books, records, and. accounts by the
• • °_contracting agency and .the committee' for purposes of investigation to es-' . •
certain compliance. with 'such rules, • regulations, and orders.. .
(f) in thej;event of the Contractor's noncompliance with the •
nondiscrimination clause of this contract or with any of the said rules,
regulations, or-orders, 'this. contract may be•cancelled; terminated, or ,
" suspended in whole'or in part and the Contractor may be declared-.ineligible •
•
for further Government contracts in accordance with procedures authorized in _
Executive Order No.- 10925 of March 6, 1961, as amended;, and such other • -_
sanctions may be imposed.and remedies invoked,as provided •in the said Executive .
•• "Order or by rule, regulation,. or order of the Presidents Cortenittee on Equal,•. • -
Opportunity, or as otherwise provided by saw; • •
(g) "TheContractor I1 include the provisions of paragraphs
(a)- through (g) ie.every subcontract or purchase order.unless exempted by •
rules,, regulations, or orders of the President's Comet ttee •on Equal Employment, •
• Opportunity issued pursuant- to•section-303 .of Executive Order No: 40925 of .
March 6, •1961,'.as amanded,,'so that such provisions will be binding upon each .
•.• subcontractor or vendor.* * The Contractor will take .such action with respect .
to any 'subcontract or. purchase order as the contracting agency.may,direct •as a . •
means of enforcing, such provisions; including sanctions for noncompliance
• - Provided; however, that in the event the Contractor becomes involved.in; or is ; •
-threatened-with, • litigation with a subcontractor or vendor• as e.result of such••
direction by contracting agency, the Contractor may request. the United States
• .enter eta such•1itigation to protect'the.:interest 'of :the-Unitad•States. •
••
*uniess otherwise provided, the "Equal Opportunity"-clause is not " ' ' °
'. required to be inserted in subcontracts`below.the second tier,• except for •
subcontracts -involving the performance of "construction work!'.at the "site
of construction"_• (as those terms aro` defined, In the Commi ttee'.s-;rules and .
regulations) in.vlhich case the clause,must be inserted- in all ;such subcontracts. . •
• :Subcontracts -map incorporate by reference-the "Equal' Opportunity" clause."••
7: The following representation is •hereby :made a part of Contract'No --
DARE13;47-C4758: •
"The offeror represents•:that• ha ( ) has,; (.) has not,-participated
in a previous;contract or subcontract subject to either the.Equal Opportunity
• 'ciause'herein or the clause originally contained in Section 301. of.Executive
• " Order 10925; that he ( has, I� has;not, filed ali required compliance reports;
and that representations indicbting submission .ofr required compliance reports,•
• signed by proposed subcontractors will be obtained prior to subcontract awards-,,
• =
(The above representation need not be submitted •In connection with contracts
or subcontracts which are• exempt from t e clause.) .
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t. MODIFICATION NO 0001 -TO CONTRACT.NUNI3ER DABE13-67-C-3758 '• Page 4 . •
IL_ ;the-following' Changes are hereby made ;in• the-clause 'and -representation
set forth in 'paragraphs 6 and 7 above:- , .
.' EQUAL OPPORTUNITY
-(a) The "Equal Opportunity" clause'in paragraph 6 above is amended
• • by .deleting references to the President's•Committee on Equal Employment .
Opportunity, Executive Order 10925 of March'6,•' 1961, ,as,amended, and Section' •
• 303 of.Executive Order 'No. 10925,of,March 6, .1961, as amended, and substituting
therefor the Secretary of Labor, Executive Order No. 11246-of September 24,'. '
1965, and Section 204- of .Executive Order 11246'of_Septenber 24,. 1965, respectively. -•
• (b) The Equal Opportunity representation in paragraph 7 above 'is-
'
amended to insert after the reference to'"Executive Order 1092511 the .following:• '
"or the clause contained in Section'201of Executive Order No. "11114."
.(c) in;accordance with regulations of the Secretary of tabor, the- rules,•regulations,-orders, instructions, designations, and other directives issued.. '
by the President's• Conmittee on•Equal, ERployment Opportunity and those issued
by the-heads of various departments or agencies under or• pursuant to any of •the Executive Orders superseded.by Executive Order 11246, shall, to the extent
'that they are._not' incons.istent with Executive Order .11246, :remain in full
force and effect unless and until revoked or superseded by appropriate
•
authority.• References in-such directives to provisions of the superseded orders
shall` be deemed to:be-references to the comparable provisions of Executive • • `
::Order 11246.
' 9. Tho .following subparagraph.. (iii) ,is -hereby added to the.contract
under paragraph 2.. TECHNICAL PROVISIONS. (a) ment Heasure of service: : • •
- ."(i t i)- The quantity of sewage'id iI be determined annually •and will.
"remain constant starting with the July`hilling through the following
June, .and-will be based on the average 'monthly water consumption. according
to the water meters for-the 'months of January, •February, and March pro-:
ceding•the month of Juno of the' fileal year."
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Contract No. DABE13-67-C-3758
• DEPARTMENT OF THE ARMY
NEGOTIATED SEWERAGE SERVICE CONTRACT
PREMISES TO BE SERVED: Schilling Manor Sub-Post, Salina, Saline County,
Kansas
CONTRACTOR: City of Salina, Salina, Kansas
PREMISES ARE: .Government Owned
ESTIMATED ANNUAL COST HEREUNDER: £$45,767.00•
CONNECTION CHARGE: None
•
BILLS WILL BE RENDERED TO: Post Engineer, Fort Riley, Kansas
PAYMENTS WILL BE MADE BY: Finance and Accounting Officer, Fort Riley,
Kansas .
This negotiated contract is made pursuant to the provisions of
(10 U. S. C. 2304 (a) (10)).
APPROPRIATIONS CHARGEABLE: 21-9770700 55-1003. P1910-23 S14-040
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' • Contract No. DABE13-67-C-3758
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DEPARTMENT OF THE ARMY
NEGOTIATED SEWI:.RAGE SERVICE CONTRACT
. THIS CONTRACT, entered ins, as of 9-1-66 , by and between •
the UNITED STATES OF AMERICA, hereinafter called the Government, represented
by the Contracting Officer executing this contract, and The City of Salina,
whose address is Salina, Kansas, hereinafter called the Contractor,
1 11ESSETU That the parties hereto do mutually agree as follows:
I, SCO?E AND TERM OF CONTRACT, (a) Subject to the terms and condi-
tions hereinafter set forth, the Contractor shall furnish sanitary sewer
- connections and sanitary sewerage :service (hereinafter called service) re-
,
• . quested by the'Government at the premises to be served hereunder (hereinafter
called service location), all in accordance with Sewerage Service Specifica-
tions attached hereto and made a pert hereof, and identified as Exhibit "A",
• (b) This contract shall continue in effect until terminated at the
option of the Government by the giving of not less than ninety (90) days '
..advance written notice of the effective date of termination.
(c) (i)' For and in consideration of the faithful performance of
the stipulations of this contract, the Contractor shall be paid by the . '
designated disbursing office or officer for service herein contracted for, '
at the rates and under the terms and conditions herein set forth in this
contract for the billing period in which commencement and termination of
• . this contract shall become effective.
(ii) The Contractor hereby declares that said rates are not in
excess of the lowest rates now available to any prospective_customer under
like conditions of service, and agrees that during the life of this contract
the Government shall continue to be billed at the lowest available rate for
similar conditions of service, • .
(iii) Recognition is given to the fact that the Government fiscal
year ends on 30 June. Payments hereunder shall be contingent upon the
availability of appropriations therefor, and shall not be made in advance
• of service rendered, . . . . .
(iv) All :bills for service shall be paid without penalty or
interest and the Government shall he entitled to any discounts customarily
applicable to payment of bills. by all customers of the Contractor.
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Contract No. DABEI3-67-C-3758 •
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- • (v) Invoices for service rendered hereunder shall contain •
statements of the water meter readings at the beginning of the billing
. period, meter constants, consumption during the billing period, and such
' other pertinent data as .shall be required by the Government.
2. TECHNICAL PROVISIONS, (a) Measurement of service,--(i) All service _
furnished b'y the Contractor shall be determined from the information obtained
from the water meters installed at each of the service locations. The Con-
'tractor may at his .option furnish and install a suitable meter of standard
manufacture to measure the quantity of the service without an adjustment of .
rate, or Gate application schedules; When more than a single meter is in-
stalled, at-the service location, the readings thereof shall be billed con- -
junctively, - In .the event any meter fails to register or registers incor-
. ` e`etly the .service furnished therethrough, the parties shall agree upon the
length of 'period during which such meter failed to register or registered •
. incorrectly. and'the quantity .of service delivered .therethrough during such
, period and, upon agreement, an appropriate adjustment based thereon shall be
•
made in din Government's bills. For the purpose of the preceding sentence,
any meter which registers not more than the allowable percent recognized by
. •The American Water Works Society for sewage meters slow or fast shall be
deemed correct. ,
(ii) The Contractor, so far as possible, shall determine
from the water meters at periodic intervals of approximately thirty (30)
5.
. days the quantity of. service furnished, All billings based on meter read- .
ings of less than twenty-seven (27) days or more than thirty-two (32) days
shall be prorated, accordingly, .
(b) Meter Test.--The Contractor, at its expense, shall periodically' .
inspect and test the meters installed by it, at intervals not exceeding one •
• ' (1) year, At the written request of the Contracting Officer the Contractor • '•
` shall make additional tests of any or all of such meters in the presence of ' •
. Government representatives, . The cost of such additional tests shall be borne
by the Government if the percentage of error is found to be not more than •
. the allowable percent recognized by The American Water Works Society for
sewage meters slow or fast. No meter shall he placed in service or allowed
• • to remain in service which has an error in registration in excess of the .
previsouly stated percent under normal operating conditions.
•
(c) Change in volume or character,--Reasonable notice shall, so '
' • • . far is possible, be given by the Contracting Officer to the Contractor
respecting any material changes proposed in the volume•,or characteristics •
of the utility service required at each location. •
. (d) Continuity of service and consumption.--(i) The Contractor
' . shill use reasonable diligence to provide a regular and uninterrupted supply .
. ' of service at the service location, but shall not be liable for damages,
breach of contract or otherwise to the Government for failure, suspension,
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DABE13 '67 0 3 7 5 8
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diminution or other variations of service occasioned by or in consequence
of any cause beyond the control of the Contractor.; including but not limited
to acts of God or of the public enemy, fires, floods, earthquakes or other
catastrophes, strikes or failure or breakdown of transmission or other facil-
ities; provided,, that when any such failure, suspension, diminution, or
variation of service shall aggregate more than ten (10) hours during any
• billing, period hereunder, an equitable adjustment shall be made in the
monthly rates specified in this contract.
• '(ii) In the event the Government is unable to operate the
service location in whole or in part for any cause beyond its control,
including but not limited to acts of God or of the public enemy, fires,
floods, earthquakes, or other catastrophes, or strikes, an equitable adjust-
ment shall be made in the monthly rates specified in this contract if the
period during which the Government is unable to operate such service•loca-
tion in whole or in part shall exceed fifteen (15) days during any billing
period hereunder.
3. RATES AND CHARGES, (a) For all service furnished under this con-
tract to the service locations the Contractor shall identify and invoice •
separately and the Government shall pay the Contractor at the rate schedule,
as applicable, attached to and made a part hereof and identified as Exhibit
IBn.
• (b) For purposes of charges under paragraph (a) of this clause, any
demands due to faulty operation of, or excessive or fluctuating pressure on, '
. . the Government's system shall not be included as part of the Government's
demand,
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4, CONTRACTOR'S FACILITIES, (a) The Contractor, at its expense; shall
• operate all facilities required to furnish service hereunder to and measure
such service as of the point of delivery specified in the Service Specifica-
tions. Title to all such facilities shall not be transferred by or through
the- use of this contract. •
• (b) The Government hereby grants to the Contractor, free of m y
. rental or similar charge, but subject to the limitations specified in .his
contract, a revocable permit to enter the service location for any proper
• purpose under this contract, including use of the site or sites agreed upon
by the parties hereto for the installation, operation, and maintenance of
Government-owned facilities and the facilities of the Contractor required
to be located upon Government premises, at all times during the life of this
contract; and all taxes and other charges in connection therewith, together
with all ,a city arising out of the negligence of the Contractor in the
construction, operation, or maintenance of such facilities shall be assumed
by the Contractor. Authorized representatives of the Contractor will be
allowed access to the facilities of the Contractor at suitable times to
perform the obligation of the Contractor with respect to such facilities,.
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• DABE13'67 C 3 7 5 8
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Stich fscilitieo shall be removed and Governmeet premiees reotored to their
original condition by the Contractor at its enperate within a reaoontble
ties.after the Government shall revoke the permit herein granted and in any
event wg!tkin a reasonable time after termination of thin contract. It is
pressly uedaratood; houevor, than: proper military or Governmental authority
say limit or restrict the right of access herein greeted in any manner con-
.
oidered by such authority to be nec•asnery for the national security.
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5. PUCK KEG%LATIC_-1 AND MAIZE OP PATES. (a) Public regulation.--
Service furnished under this contract shell. be subject to regulation in the
' • manner and to the extent preceribee by lau by any Federal, State, or local
regulatory commicoion having jurisdiction,. If during the terms of this con-
tract the public regulatory cosmdac:ion haeing jurisdiction lawfully approves
' rates that are higher or rates that are :Weer than these stipulated herein
for like conditions of service, the Contractor agrees to continue to furnish
service as stipulated in this centr.gc:t and the Government agrees to pay for
such service at.the higher or lower rates from and after the date when such
rates are made .effective.
•
(b) Change of razes;--(1) Subject to paragraph (a) of this clause,
in. thc event the Contractor, during the tern: of this contract, shall make
effective any new rate schedule or evended rate schedule applicable to the
class' of service furnished the Government at the service location which may
• contain a lower rate or conditions more favorable to the Government for such
. class of service, the .Contractor shall forward to the Contracting Officer a •
copy. of such rate schedule or eeended rate schedule within fifteen (15) days
after the effective date thereof, and upon receipt of written request from
the Goverment, shall substitute such rate schedule or emended rate schedule
for the rate schedule then in effect hereunder for such service location,
commencing with the billing period in which ouch ttritten request is received.
• . (ii) Subject to paragraph (a) of this clause, in the event of
a permanent change in the close of service furnished the Government at the
service location, service shall, effective siaty (60) days after written re-
quest is made by either party or at such other time as may be agreed upon,
• thereafter be furnished to such service location at the lowest available rate
schedule of the Contractor which is applicable to the class of service fur-
• nished following such permanent change.
6. OFFICIALS MOTTO a1ENEFT:. elo member of or delegate to Congress,
or resident cosiosioner, shall be admitted to any share or part of this
contract, or to any benefit that may arise therefrom; but this•provision
• shell not be construed to extend to this contract if made with a 'corporation
for its general benefit.
7. COVENANT AGAINST CO>3TINGENT FEES. The Contractor warrants that no
• person or selling agency has been employed or retained to solicit or secure
5
•
•
DABE13'S7 C 3 •5 8
•
•
• • this contrn::t upon an agreement or understanding for a cot-mission, percentage,
brokerage, or contingent fee; excepting bc.na fide employees or bona fide
eatshli:. :ommercial or selling agencies maintained by ,the Contractor for
the purpose of securing business. For breach or violation of this warranty
the Coverer:ant shall have the right to annul this contract without liability
or in its discretion, to deduct from the contract price or consi.deretinr ,
or other'aiae recover, ' the full amount of such commission, percentage, broker,
age or contingent fee.
• 8. ASSIGNMENT OF CLAIMS. No claim arising under this contract shall be
. transferred or assigned by the Contractor,
9. f' Tt:T LABOR. In connection with the performance of work under
this coneiene,,. the Contractor agrees mot to employ any person undergoing
' . sentence cf imprisonment at hard labor.
. ' 10. MIA", OPPORTUNITY. (The following article is applicable unless this
contract -is exempt under the rules and regulations of the Secretary of Labor.
Exemptio:.s include contracts and subcontracts (i) not exceeding $10,000,
' (ii). no:.- exceeding $100,000- for standard commercial supplies or raw materials,
• . and (iii) under which work is performed outside the United States and no
• . recruitment of workers within the United States is involved.)
During the performance of this contract, the Contractor agrees as follows:
•
1. The Contractor will not discriminate against any employee or
e. . ' applicant for employment because of race, creed, color, or national origin.
The .Cont ac_oi will take affirmative action to ensure that applicants are
• employed, and that employees are treated dutht employment, without regard
to their race, creed, color, or natioae . origin. Such action shall include,
. but not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of coma?nsatica; end selection for training,
•
• including apprenticeship. The Contractor agrees te post in conspicuous •
places, available to employees and applicants for er.Tloyment, notices to
• be provided by the Contracting Officer setting forth the provisions of
this nondiscrimination article.
2. The Contractor will, in all soai.citctiona or advertisements for
. employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to
race, creed, color, or national origin.
•
3. The Contractor will send to etch labor union or representative of
workers with which he has a collective bargaining agreement or other contract
or understanding, a notice, to be provided by the agency Contracting Officer,
advising the said labor union of wo-ters' representative of the Contractor's
• - commitments under this nondiscrimin.Ltiorz srt_icle, and shell post copies of
the notice in conspicuous places av1.I,2hLe uo employees and applicants for
employment.
6
•
DABEI3'67 0 3 7 5 8
•
' 4. The Contractor will corply with all provisions of Executive Order
No. 11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor created thereby. .
5.. The Contractor will furnish all information and reports required
by Eecutive Order No. 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, pursuant thereto, and
will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders..
6. n the event of the Contractor's noncompliance with the nondis-
crimin i,-: sr`icle of this contract or with. any of the said rules, regu-
. lotions, or orders, this contract may be cancelled, terminated, or suspended
. in :mole or is part and the Contractor may be declared ineligible for
further Government contracts in acco-:dance 'nth procedures authorized in
Executive Order No. 11246 of September 24, 1965, and such other sanctions
' . may be imposed and remedies invoked as provided in the said Executive Order
or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law. -
7. The Contractor will include the provisions of paragraphs 1 through
6 in every subcontract or purchase o-:der unless exempted by rules, regula-
tions, or orders of the Secretary of Labor issued pursuant to section 204
of Execet:-Ja Order No. 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor.* The Contractor will •
take such action with respect to any subcontract or purchase order as the
contracting agency may direct as a means of enforcing such provisions,
including oarictions for noncompliance: Provided, however, that in the event
the Contractor becomes involved in, or is threatened with, litigation with
- a subcontractor or vendor as a result of such direction by the contracting
' agency, the Contractor may request the United States to enter into such •
litigation to protect the interest of the United States.
11. DISPUTES, (a) Except as otherwise provided in this contract, any
• dispute concerning a question of fact arising under this contract which is
• not disposed of by agreement shall be decided by the Contracting Officer,
who shall reduce his decision to writing and mail or otherwise furnish a
copy thereof to the Contractor. The decision of the Contracting Officer shall
be final and conclusive unless, within 30 days from the date of receipt of •
'=Unless otherwise provided, the "Equal Opportunity" article is not re-
quired to be inserted in subcontracts below the second tier, except for sub-
contracts involving the performance of "construction work" at the "site of
construction" (as those terms are defined in the Secretary of Labor's rules
and regulations) in which case the article must be inserted in all such sub-
• contracts, Subcontracts may incorporate by reference the "Equal Opportunity"
• article,
7
•
DABE13'87 C 3 7 5 8
such cct", the Contractor mails or otherwise furnishes to the Contracting
Officer a written appeal addressee to the Secretary. The decision of the .
Ser_ret;:ry or his duly authorized representative for the determination of
such appeals shall be final and cc:nclusive unless determined by a court of
• competent jurisdiction to have been fraudulent, or capricious, or arbitrary,
or so gronsly erroneous as necessarily to imply bad faith, or not sup-
ported by substantial :evidence. In connection with any appeal proceeding •
under this clause, the Contractor shall be afforded an opportunity to be
heard and to offer evidence in support of his appeal. Pending final deci-
. sion of a dispute hereunder, the Contractor shall proceed diligently with
the performance of the contract and in accordance with the Contrasting
Officer'2 decision,
• (is) This "Disputes" clause does not preclude consideration of
• as que.3t1.cns in connection with decisions provided for in paragraph (a)
above; r__r:_ded, that nothing in this contract shall be construed as making
• final the decision of any administrative official, representative, or board
on a q';lion of law.
12, GRATUITIES, (a) The Government allay, by written notice to the
Contractor, terminate the right of the Contractor to proceed under this
contract if it is found, after notice and hearing, by the Secretary or his
duly authorized representative, that gratuities (in the form of entertain-
• ment, gifts, or otherwise) were offered or given by the Contractor, or any
agent or representative of the Contractor, to any officer or employee of the
Government with a view toward securing a contract or securing favorable
treatment with respect to the awarding or amending, or the making of any
determinations with respect to the performing of such contract; provided,
that the existence of the facts upon which the Senre:tary or his duly
authorized representative makes such findings shall' be .in issue and may
be reviewed in any competent court,
(D) In the event this contract is tenainated as provided in
• paragraph (a) hereof, the Government shall be entitled (i) to pursue the . •
sane remedies against the Contractor as it could pursue in the event of
a breach of the contract by the Contractor, and (ii) as a penalty in
• addition to any other damages to which it may be entitled by law, to ex-
emplary damages in an amount (as determined by the Secretary or his duly
authorized representative) which shall be not less than three nor more
than ten times the costs incurred by the Contractor in providing any such
' gratuities to any such officer or employee.
(c) The rights and remedies of the Government provided in this
Clause shall not be exclusive and are in addition to any other rights and
remedies provided by law or under this contract,
8
•
•
•
' DABE13 '67 C 3 7.5 8
•
•
13, vts_iiHiTIONS, As used thro..r ou, this contract, the following terms
shall hz: ._ the meanings set forth bt,lowl
•
(a) The term "head of the agency" or "Secretary" means the •
Secretary, the Under Secretary, any Assistant Secretary, or any other head
or assistant heed of the executive military department or other Federal
agency; and the term "his duly authorized representative" means any person
•
• . • or persons or board (other than the Contracting Officer) authorized to act
for the head of the agency or the Secretary,
•
• (b) The term "Contracting Officer" means the person executing
this con ...act on behalf of the Government, and any other officer or civilian .
e:;.yloyee ).oho is a properly designated Contracting Officer; and the term
' includes sncept as otherwise provided in this contract, the authorized
represent of a Contracting Officer acting within the limits of his
authority,
• (c) Except as otherwise provided in this contract, the term
• - "subcontracts"includes purchase orders under this contract,
14. C=ONFLICTS, To the extent of any inconsistency between the pro-
• ' . visions of this contract, and any schedule,, rider or exhibit incorporated •
. in this contract by reference or otherwise,. or any of the Contractor rules
and regulations, the provisions of this contract shall control.
IN WITNESS WHEREOF, the' parties hereto have executed this contract as '
• of the• day and year first above written,
•
TEE UNITED STATES OF AMERICA •
•
. by .�Lc .1N -
HEIEN viltORTON •
•
/- / Contracting Officer •
•
J/�J /t)) ::I'1`i OF SAL'f'iA, SAT.Yb?A KPSVSAS
• APPROVED .L,�
Dote: c: M. WE•3i:. JR.
/2 -y �',�puty, Army Power Procurement Officer 'BY
/ / r N, D. JTSON
City Manager
•
•
• APPROVAL CLAUSE
This contract is subject to the manual approval of the Department of ,
the Army Power Procurement Officer or his duly authorized representative
and shall not be binding until so approved.
9
•
•
•
•
•
•
•
Exhibit "A"
Attached to and made part of
Contract No. DABE13-67-C-3758
SEWERAGE SERVICE SPECIFICATIONS
1. PREMISES TO BE SERVED: Schilling Manor Sub-Post, Salina, Saline
County, Kansas
•
• 2. ESTIMATED SERVICE REQUIREMENTS:
Estimated annual volume: 127,750,000 Gallons
(The Government is in no way obligated to deliver nor is it re-
- stricted to the above estimated requirements.)
3. SERVICE TO BE RENDERED: Contractor shall furnish a sanitary sewer
connection and sanitary sewerage service as required by the Government
and shall receive, carry, treat, and dispose of all sanitary sewage
originating at the project in such amounts as the Government desires to
release into Contractor's sewer system and in a manner and by such means
as will constitute no hazard to the public health. Contractor shall
operate its sewage disposal and treatment facilities in conformity with '
applicable laws, rules, and regulations promulgated by State and Federal
governmental authorities. The contractor shall inspect for proper func-
tioning of pumping equipment, Control system, electric motors and other
appurtenances within each of the two sewerage lift stations providing
services at Schilling Manor Sub-Post daily, and report the malfunction-
ing of equipment to the contracting officers representative for inspec-
tion.
4. SERVICE LOCATION: The sewage shall be delivered to Contractor by
the Government at Schilling Manor Sub-Post at the discharge point of the
two (2) force mains of the lift stations where they enter the manholes,
and where the building sewer line or lines of building 348, 372,381, 381e,
448, 455, 495, 595, 656, and 670 enters a sewer manhole or the sewer
main line located between two manholes.
5. SIZE OF SEWER TO SERVICE LOCATION: FOUR INCHES DIAMETER AND LARGER.
%/
/
v.
k�S
6. BILLING METHOD: The rates to;be charged at each of the Service
Locations shall be as follows:
Bldg No . Rate - Exhibit B Method of Billing,
348 Inside Conjunctive
372 Inside Single
381 Inside Single
381E Inside Single
448 Inside Single
455 Inside Single
495 Inside Single
595 Inside Single
656 Inside Single
670 Inside Single
Family Hsg Outside Conjunctive
7. ALTERATIONS AND ADDITIONS: None.
1
• I
D±tbit "B"
Attached to and made part of •
Contract No. DABE13-67-C-3758.
CITY OF SALINA, WATER AND SEWERAGE DEPARTMENT
Sewer Use Rates Effective Jan. 31, 1962
*Inside city rates except for multiple living: units of four or more
in number served by a master water meter:
First 500 Cu Ft. or 3,750 Gals, $1.35,per.month minimum.
@ 27¢ per C Cu. Ft. or 36¢ per M. Gals;
Next 500 Cu. Ft. or 3,750 Gals.
@ 22¢ per C Cu. Ft. or 29.33¢ per M Gals. = $1.10.
Next 1,000 Cu. Ft. or 7,500 Gals,
@ 20¢ per C Cu. Ft. or 26,66¢ per N Gals. _ $2.00.
Next 3,000 Cu'. Ft. or 22,500 Gals.
@ 16¢ per C Cu. Ft. or 21,330 per M Gals. _ $4.80.
Next 15,000 Cu. Ft. or 112,500 Gals.
@. 12¢ per C Cu. Ft. or 16¢ per M Gals. _ $18.00.
iS 000
Next 20,000 Cu. Ft. or 12;500 Gals.
@ Sc per C Cu. Ft. or 10.660 per M Gals. = $16.00.
Next 40,000 Cu. Ft. or 300,000 Gals.
@ 6¢ per C Cu. Ft. or 8¢ per M Gals. = $24.00.
•
Next 70,000 Cu. Ft. or 525,000 Gals.
@ 4c per C Cu. Ft. or 5.330 per N Gals. _ $28.00.
• All over 150,000 Cu. Ft. or 1,125,000 Gals.
@ 24 per C Cu. Ft. or 2,660 per M Gals.
t ,ltiple living units of four or more units, served by a master water
meter, effective July 1, 1963:
First 50J Cu, Ft. or 3,750,Gals. $1.35 per month minimum.
@ 270 per C Cu. Ft, or 36¢ per M Gals.
All over 500 Cu. Ft. or 3,750 Gals.
@ 22¢ per C Cu; Ft. or 29.,•33¢ per M Gals.
Outside city rates, except in cases of a special contract, are double
' the minimum plus 25% additional for all in excess. of the minimum,
•
DABE13 '67C375 $
•
PROCEDURE OF DETERMINING FEES •
The sewer use fee is refigured annually and remains constant starting with the
July billing through the following June.
•
RESIDENTIAL:
•
For each residence of less than four .:nits served by a master water meter and
discharging waste to the sanitary sewer system, the sewer use fee is based on
the average monthly water consumption according tc the meter reading of Janu=
ary, February, and March. The sliding scale of the attached rate schedule sip-
' plies, .
•
MULTIPLE DWELLINGS SERVED BY MASTER WATER METER:
The" seuer.use 'fee for Licensed Apartment Houses and Mobile Home Courts of four
' or more units, served by a master water meter or meters, is based on the average
monthly water consumption according to the meter readings of January, February,
• and March,
•
RESIDENCES NOT CONSUMING CITY WATER:
Residences not consuming city water, but which are served by the sanitary sewer
system ern charged a flat monthly fee of $1.50.
• COMMERCIAL AND INDUSTRIAL:
The sewer'uae fee for Commercial and Industrial water consumers served by the
sanitary sewer system is based .on the• average monthly water consumption of the
previous calendar year. The sliding .scale of the attached rate schedule ap-
•
COMMERCIAL AND INDUSTRIAL CONCERNS NOT CONSUMINZ CITY WATER:
Engineering surveys determine the sewer use fee for commercial and industrial
concerns served by the sanitary sewer but using water from a source other than
. • the city.
SPECIAL LMWANCES:
For consumers where at least 25% of the water consumed does not eventually
reach the sanitary sewer system, allowance is made in determining the sewer
use fee,
CONNERCIAL AND INDUSTRIAL CONCERNS CONSUMING WATER IN ADDITION TO CITY WATER:
Engineering surveys determine the sewer use fee in cases where water consumed
from other sources exceed water purchased from the city by at least 25%.
If the quantity or type and character of such sewage discharged into such system
shall render it difficult to establish a fair and equitable sewage service charge,
the customer shall at his sole cost and expense install and maintain in good
operatic;g condition suitable meters or measuring and sampling devices of standard
type and design as required to determine the characteristics of the sewage, at
the appropriate point or points as are nece:asary to properly measure the cus-
tomers' sewage discharges and shall permit the City to read such meters, meas-
.
• uring or sampling devices, and sewage charges for such customer shall be estab-
lished in accordance with such metering records and/or sampling devices.
• OUTSIDE CITY RATES:
Outside city rates, except in cases of a special contract, are double the
. minimum plus 25% additional for all in excess of the minimum.
PURCHASING AND CONTRACTING DIVISION
Fort Riley, Kansas
• Delegation No. 121
ALRGD-P 1 September 1S66
SUBJECT: Contracting Officer's Representative (Supply and/or Service
Contracts)
•
TO: Post Engineer •
Fort Riley, Kansas
1 . Reference Contract Nr. DABE1311674.13758 . Under the provi-
sions of Paragraph 1-451 , Army Procurement•Procedure, revised 31 January
1962, you are hereby designated to act as authorized representative of
the Contracting Officer for this contract, effective as of 1 Sept 1966 ..
2. This authorization does not impower you to execute or agree to
any contract or modification thereof.
3. You are hereby authorized to: •
a. Supervise contract performance. •
b.' Conduct inspections 'pertinent thereto.
•
c. Place orders against the contractor for supplies or ser-
• vices as included In the terms and conditions of the contract and for
which an obligation of funds has been recorded.
4. You will notify the Contracting Officer of any failure on the
part of the Contractor to comply with the terms and conditions of the
• contract or failure to make progress so as to endanger contract per-
formance.
5. You will notify the Contracting Officer of any failure on
the part of the Government to meet its obligations under the terms and
• 'conditions of the contract.
•
.HELEN WRORTON
Contracting. Officer
•
•
FR 25 Jun 52 FL 231
RESOLUTION NO. 7 'iOCI.
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
SALINA, KANSAS, AND THE UNITED STATES OF AMERICA RELATIVE TO
PROVIDING SEWERAGE SERVICE FOR SCHILLING MANOR SUB-POST.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SALINA,
KANSAS:
Section 1. That the proposed contract between the City. of
Salina, Kansas, and the , United States Government, identified as
Contract No. DABE13-67-C-3758 relative to the furnishing of
sewerage service by the City of Salina, Kansas, to the Schilling
Manor Sub-Post near Salina, Saline County, Kansas, be and the
same is hereby approved.
Section 2 . That the City Manager and- the City Clerk be and
they are hereby authorized and directed to execute said agreement
on behalf of the City of Salina, Kansas.
Adopted by .the Board of Commissioners and approved by the. '
Mayor this C.1. day of October, 1966 .
Mayor
•
• ATTEST:
•
S��c
City Clerk
•
•
•
•
A
DEPARTMENT OF THE ARMY --
_= *' HEADQUARTERS FORT RILEY
S ` FORT RILEY KANSAS 66442
ALRGL-P 8 March 1968 '
•
•
City.of Sal,ins ..'.
Salina, Kansas . 67401
Gentlemen:
•
Attached is your copy of Contract Number OABE1347-C•9757
Modification.No,,_0002
Please acknowledge receipt, as indicated below, and return this letter
to Purchasing and Contracting Division, Bldg #179, Fort Riley, Kansas 66442,
Sincerely,
7✓� l � 'z - c
1 Inc! HELEN WHORTON
as Contracting Officer
RECEIPT ACKNOWLEDGED: •
v .-6
(Signature) - (Date)
. itle/Positio
•
•
FR 29 NOV 67 FL 76(REVISED)
•
STANDARD FORM 30, JULY 1966 ,E PAGE OF
GENERAL SERVICES ADMINISTRATION AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT-
FE l 1
D. PROC. PEG. (AI CFR) 1-16.101 °
I. AMENDMENT/MODIFICATION NO. 2. EFFECTIVE DATE 3. REQUISITION/PURCHASE REQUEST NO. A. PROJECT NO. III applicable) .
0002 07MAR68
5, ISSUED BY CODE 6. ADMINISTERED BY (If other than block 1) - CODE
• • Purchasing and Contracting Division • Post Engineer
Building 179 Building 187 .
Fort Riley, Kansas 66442 Fort Riley, Kansas 66442
7. CONTRACTOR CODE ' I FACILITY CODE L e. .
NAME AND ADDRESS ,__, OF
r SOLICITATION NO. 1
I
City of Saline •DATED (Set bled 9)
county.sta e. Salina,- !Cantos. - MODIFICATION Of
and ZIP 531,CONTRACT/ORDER NO.DAeE13-67-C-3757
Code) '
I' - - J. DATED 01SEP66 (See block III
9. THIS BLOCKLAAP PPLIES ONLY TO AMENDMENTS OF SOLICITATIONS - •
❑ The above numbered solicitation is attended as M forts in block 12. The hour and date specified for receipt of Offers❑ is extended, ❑ is not.extended.
Offerors must acknowledge receipt of this amendment prior to the he and date specified in the solicitation.or as amended, ..by one of the following methods: '
(e)By signing and returning_-copies el this amendment;)b)By acknowledging receipt of this amendment on each'copy of the oiler submitted;or(c)By separate letter or telegram
which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKOWLEDGMENT TO BE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR MID
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If,by virtue of this amendment you desire to change an offer already submitted,such change may be mode by telegram
. or letter,provided such telegram or lever makes reference to the solicitation and this amendment.and is received prior to the opening hour and dote specified.
10. ACCOUNTING AND APPROPRIATION DATA (If required)
•
11. THIS BLOCK APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS ." , .
loci This Change Order is issued pursuant to the Changes 'clause of the contrncte . -
The'Change.vet forth in block 12 are mode to the above numbered contrast/order.
(b) ❑ The above numbered contract/order is modified to reflect the administrative changes)such as changes in paying office,appropriation data,etc.)set forth in block 12.
(c) ❑ This Supplemental Agreement is entered into pursuant to authority of '
It modifies the above numbered contract as set'forth in block 12.
12. DESCRIPTION Of AMENDMENT/MODIFICATION - '
1. Building No. 359, Schilling Manor Religious Center, is hereby added to paragraph 6,
BILLING METHOD of the WATER SERVICE SPECIFICATIONS. Exhibit "A",. of the contract, in •
• the following manner to receive performance of.service under.the- terms and conditions
of the contract: ,
Bldg No. Size of Meter No. of meters Rate - Exhibit B. Method of Billing,
359 211 - . 1 Inside Single'
•
2. The estimated annual consumption under the contract is increased in the amount of
288,000 gallons from 158,384,000 to 158,672,000 gallons. The estimated annual cost of
the contract •is increased in the amount of $1,726.00 from $67,777.00 to $69,503.00.
E crept as provided herein,all terms and conditions of the document referenced in block 8,as heretofore changed,remain unchanged and in full font and effect.
'll.�ee CONTRACTOR/OFFEROR IS NOT REQUIRED
68 TO SIGN THIS DOCUMENT ❑ CONTRACTOR/OFFEROR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO ISSUING OFFICE
Ie. NAME OF CONTRACTOR/OFFEROR ,5 Iy. UNITED STATES Of AMERICA
s., . .11u /�/.--�
BY BY
(Signature of person auttarized•lo sign) (Signature of Contracting Officer) •
IS. NAME AND TILE OF SIGNER (Type or print) ' 16. DATE SIGNED 18. NAME OF CONTRACTING OFFICER (Type or print) 19. DATE SIGNED
HELEN WHORTON 07MAR68
30-101-01 • *u.5.GallNMNEMT ItINTIMG OFFICE:1945 0-e3e-e77
. ..
, • PURCHASING AND CONTRACTING DIVISION
Fort Riley, Kansas
31 August 1967
(Date) .
Mr. Norris D. Olson _ '
City Manager • ' , ,
City Hall Building'
•
. ' Salina. Kansas ,67401
•
Re. Contract Nr. DABE13-67-C+3757 •
andMod No. 1
. . . • .
• . AttadEed id your copy of Contract Nr. , DAB613-67..0-3757
and Mod'No. '1
Please acknowledge receipt, as, indicated below, and return
letter to' this office. .
Yours very truly, .
1 ,
HELEN'WHORTON
1. . Contract Nr. Contracting Officer
'- DABE13-67-C-3757 • - '
and Mod•No. 1 ,
•
RECEIPT ACKNOWLEDGED(
/9C 7
. Signature Dat
•
FR,22 Jun 59 FL 76
1 - I /f, , `�f y,ry/. '"' .4.>
STANDAP.D FORM.30,.'JULY 1966 PAGE 1 OF
GENERAL SERVICES ADMINISTRATION AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 5
FED..PROC. REG. (41 CFR) 1-16.101
I. AMENDMENT/MODIFICATION NO. • 2. EFFECTIVE DATE 3. REQUISITION/PURCHASE REQUEST NO. i '4. PROJECT NO. (If applicable)
0001 •
5. ISSUED BY CODE 6. ADMINISTERED BY (If•otber than block 5) CODE
Purchasing E Contracting Division Post Engineer
Building ,179 ' - ' Building 187 ,
Fort Riley, Kansas 66442 - Fort Riley, Kansas 66442
7. CONTRACTOR CODE I I FACILITY.CODE I 8.
NAME AND ADDRESS ,.._, OF
SOLICITATION NO. 9)
(Street. city,
City of. Salina . DATED Sn block
county. =tatr, •Salina, .Kansas. - a CONTRAC
• and ]IF T/ORDER NO. DABS 19-67-C-3757
.
Code)
J • DATED 01SEP66 (See block II)
9. THIS BLOCK APPLIES ONLY TO AMENDMENTS OF SOLICITATIONS
0 The above numbered solicitation is amended as set forth in block 12. The hour and dote specified for receipt of Offers❑ 6 extended; ❑ is not extended.
Offerors must acknowledge receipt of this a endment prior to the hour and date specified in the solicitation,or as amended,by one of the following methods,
(o)By signing and returning ._--Copies of this amendment;lb)By ocknowledging receipt 01 this amendment on each copy of the offer submitted;or(c)By separate letter or telegram
which includes o reference to the solicitation and amendment numbers. FAILURE OF YOUR ACK OWLEDGMENT TO BE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR AND
DATE SPECIFIED'MAY RESULT IN REJECTION OF YOUR OFFER. It,by virtue of this amendment you desire to change on offer already submitted,such change may be mode by telegram
Or letter,provided such telegram or letter makes reference to the solicitation and this amendment,and is received prior to the opening hour and date specified.
10. ACCOUNTING AND APPROPRIATION DATA (If required)
11. THIS BLOCK APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS
(a) ❑ This Change Order is issued pursuant to
'The Changes set forth in block'12 are mode to the above'numbered contract/order. • •
(b) ❑ The above numbered contract/order is modified to reflect the administrative changes(such a=changes in n p yinp office,appropriation data,etc.)set forth in block 12. '
(cl This Supplemental Agreement is entered into pursuant to authority of 10 U S.C_ 2304 (a) (10)
It modifies the above numbered contract as set forth in block 12. -
12. DESCRIPTION OF AMENDMENT/MODIFICATION --
1. The pages of the basic contract, pages 1 through 9, are hereby assigned the
contract form,number and date DA Form_1229-R, i May 58.
' 2. ' Exhibit "A", WATER WATER SPECIFICATIONS, paragraphs 1 through 8, is hereby
assigned. the contract form number and date,' DA Form 1235 4, 1 Dec 54e •
3. ,. Since Building 495 has reverted to the City of .Salina, effective 31MAR67, all
reference. thereto' in the-contract.and service specifications are deleted. This
deletion will hot materially change the estimated annual consumption or cost of the
contract.
4e The ESTIMATED ANNUAL COST of the contract, set forth on page 1, DA Form 1229-R,
is hereby increased from' $67,177.00 to $67,777.00;
il 5: in the WATER SERVICE SPECIFICATIONS, Exhibit !FA", to. the contract, the follow ,
•
ing' additions and deletions are'hereby made:
Except as provided herein,all terms and conditions of the document referenced in block 8,as heretofore changed,remain unchanged and in full force and effect
13CONTRACTOR/OFFEROR IS NOT REQUIRED pp
O TO SIGN THIS DOCUMENT nn CONTRACTOR/OFFEROR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN�COPIES TO ISSUING OFFICE
14. NAME i CONT T TTOR/OFFE RROR 17. UNITED STATES//y�F•AMERICA
BY if 44.144..4—...CL
(Signature of person authorized to sign) - (Signature of Contracting Officer)
15.INAME AND TITLE OF SIGNER (Type or print) 16. DA SIGNED 18. NAME OF CONTRACTING OFFICER (Type or prin() 19, DATE SIGNED
N. 07:1 e
City Manager /o G7 HELEN MORTON ' 16AUG67 .
30-101-01 a U.S.GOVERNMENT[MINTING OFFICE:rte O—taR-el) ,1
E i.
MODIFICATION NO:; 0001 TO'CONTRACT'NUMBER DABE13-67-C3757' •Page 2
•
a:_ Paragr h1 3, 'SERVICE _LOCATIONS, is hereby deleted in its entirety
and the followi,ngIs substituted in lieu'thereof:
'•"SERVICE LOCATIONS The service locations 'Of•water. shall be . Schi,1-
iing Manor;Sub-Post water distributioh system at the three meter locations
and to the,meter locations of *Sul Nos.`65;'131.8,• 360, ..361; 365,6 372,
381,.,381E, 448, 455,.'595, and 656."..;
b.; Paragraph 6", -METERING AND" BILLING, :is hereby deleted in its;
entirety an'd•the following- is 'substituted in iieu thereofi ' . '..•;•
"METERING AND BILLING:- :Water will be measured:.thru meters at ,the
service iocations.aod-billed in accordance with the following schedule:
1 a A l
Method•" Rate '' • of
Bldg No . Size of Meter .- No of Meters -j Exhibit -B Billing
.65 2" 1 .Inside , Single
`x , 348 21r 2 inside Conjunctive
,._, 360. • 2" 1 inside Single
361 2" i .i . Inside Single
`-365 2 l . . ' inside Single
x,.372` 1" .1:. ` Inside Single•
''''381) 2" 1 Inside '(Conjunctive`
" j` ) . - 5/8" 1-. :"inside ;, ((Conjunctive.
• "381E) 1" i .4 =: Iris!de • (Conjunctive •
x' 448 Zip 1..; .. .Inside .- Single
• 455 . ' • 2" 1 Inside Single"
- 4._595 2" ,, ,, inside. .. Single
"
656' • . 2" 1 `_ inside Single
Family Uousing " 8t' 3 . Outside^ Conjunctive
Vi 3 Outside . Conjunctive •
C - .• ,
MODIFICATION NO, 0001 TO CONTRACT NUMBER DABEi3-67-C-3757 -- Page 3 ,
:6. •In the- contract, paragraph 10,„EQUAL OPPORTUNITY, is•hereby deleted . '
- • in Its entirety and the fo�?lowing paragraph.10 is substituted i.n lieu thereof:•. . . .
. . - "10. EQUAL=OPPORTUNITY ” - . r
' {The following clause is applicable unless:this contract is
' . exempt under the rules and regulations of the President's Committee 'on• Equal .
Employment Opportunity (41.C.F.R.: Chapter 60).. Exemptions tnclude• contracts .
,and 'subcontracts (i) not.axceeding '$10,000,. (ii). not exceeding $100,000 for '
, standard commercial`supplies`or raw materials, and (iii).'under which work
is performed outside the United States and no .recruitment of workers within '
•
the United States is ;Involved.)
• - , During- the performance of this contract, 'the Contractor agrees.as •
follows: .
(a)•-The Contractor Will net 'di.scriminate against any employee
- - .or applicant for: employment because of race,- creed, color; or national origin. .
- The Contractor will take ;affirmative'action to ensure that applicants are '
employed, and that employees pretreated during -employment;. without regard to
,- their race, creed, toter.' 'or national origin. : Stich action shall include but
not be limited to, the following, employment,-,upgrading, demotion, or transfer;
" ' ' recruitment or recruitment advertising;' iay-off or termination .ratei'of pay . '
_ or 'other: forma of compensation; and 'selection for training, inc3uding apprentice,., •
.ship. The Contractor agrees .to post In conspicuous places, available to . ' '
, :,employees and. applicants for employment, .notices.to -be provided by the Con-
' • tracting Officer sett`ing ;forth the: provislons of •this"nondiscrimination clause. -
•
(b) The Contractor will, in all s''olicitetions. or advertisements •
•. .for employees placed by :or on•behalf of the Contractor, state that all .
. ,qualified applicants will;receive consideration for empioyment-without -regard
to race, creed, color,. er national origin.;
% (c) The Contractor wiil send-to each labor union -orRrepresenta
tive of workers-with which;he has a-collective: bargaining agreement-or other: .
contractor understanding, a notice, to be provided by the Agency Contracting '
Officer; advi.sing7 the said iabor.union-or workers' representative of the ' •
' Contractor's,connitments •under this nondiscrimination clause, and shall post
- - ' : . , '.copies of the notice In conspicuous places avai•labie to employees and applicants , •
for employment .
(d) . ,-The Contractor-will -comply with all: provisions.of Execu-
-tive Order No.- 10925 of March:6, 1961, as; amended,. and of .the rules, regulations,
. ' and relevant orders of the President's .COmmltteeron Equal ,Employment Oppor
. 'tunity creeted •thereby; , - . .•
•
.,,: - ,
. . - -
•
MODIFICATIONNO.. 0001 TO'CONTRACT NUMER DABE13-67-C-3757 • Page 4 -
•
-(o) The Contractor will furnish all information and-reports'. '
required by Executive Order' No 10925 of March 6,• 196.1, as amended, and
by the rules, regulations; and-:orders of the said Committee, or pursuant
therete and will permit access.to his'books, records; and accounts by the:'
• contracting agency and the Committee for purposes of investigation to as
:certain-compliance with such rules,. regulations, and orders. •
(f) 'In the event of ,the Contractor's noncompliance with the•
•nondiscrimination clause of this contract' or.with any of the,said rules,
. regulations, or orders, this contract may be cancelled, terminated, or ;
suspended in whole or in part and 'the-Contractor may be declared ineligible
.
for further.Government contracts in.•accordance with procedures authorized in
Executive_Order No. 10925 of 'March 6, 1961,- as amended, and-such, other , • •
sanctions, may be imposed and remedies. invoked as provided in the said Executive
Orderer by rule, regulation, or order of;:the'President'sCoamittee on Equal
Employment Opportunity,- or, as otherwise provided•by•law. .
• () .•The Contractor will Include the provisions of•,paragraphs
(a)" through (g)" In every subcontract or purchase'order unless exempted by .
• rules,L:regulations,- or orders of the -President's Coimittee en Equal Employment
- Opportuni.ty' issued.pursuant to section 303 of Executive Order No. ,10925 of.
March 6; 1961,: as amended," so_th'at.provisions,will be binding upon. each
• -subcontractor or..vendor.* The•Contractor will take such action with respect .
‘. 'to any•subcontract or purchase order as the contracting: agency may direct as a
means of:enforcing such provisions, including:sanctions{for noncommpliance:: .
• ' Provided, however; that in the event the,Contractor becomes Involved In, or is
threatened with/litigation with a subcontractor or vendor as, a- result of such '
direction byrcontracting'agency, the "Contractor. may request the United States '
• . '.to-enter into such='litigation -to.protect the interest of the United.States.•
•unless otherwise provided,_ the"“Equal Opportunity" clause is not
• required to'be inserted =in subcontracts:below the-second :tier, except, for
subcontracts .involving the performance of-."construction work".at" the "site-
of construction" (as. those terms are defined in the Comnittee!s rules and •.
' regulations) In :which case the clause must be inserted in •all such subcontracts. .
Subcontracts may incorporate by reference the "'Equal Opportunity" clause."
7 The following representation is hereby made a.part of Contract •. .
No` DABE13-67-0-3757
"The, offeror represents that he (1 has, ) has not;;participated
in,a previous contract or subcontract subject to e et the, Equal Opportunity •
• clause herein or-the clause originally* contal'ned in Section 301 of Executive
Order, 10925, that he ( ). has', ati has not, filed all :required compliance reports,
and that representations indicng., submission, of required compliance reports,' `
; •signed:by proposed subcontractors,will .be-.obtained,prior to subcontract awards.
(The. above representation need not be submitted in connection with contracts ..
or subcontracts which are:exempt';from'the clause:) `•
•La :
. 00 1 TO N ER DABE1 -6 -C- � ' . Pa
• A ON NO 0 TO CONTRACT .NUMBER MODIFIC TI 3 Z 3757 9 •5,
- .
8.'-': The following changes. aro.hereby Made `In the clause and" representation
sot forth .in paragraphs. 6 and 7 above: - - `
EQUAL OPPORTUNITY
' (a) The "Equal .Opportunity"' clause in paragraph 6 above is'amended '.-
by deleting references to the President's Committee-on .Equal Employment
Opportunity, Executive 'Order 10925 .of -March'6,_ 1961, as amended,,and Section.
303 of Executive Order. No. 10925 of March 6; 1961, as amended, and substituting
therefor. the'Secretary of Labor,• Executive Order' No. 11246 of September 24; '
1965,_ and Section 204 of Executive Order 11246..of Septerber 24,. 1965,. respectively.
- `(b) •The 'Equal .Opportunity-representation in paragraph 7'above Is
', ' amendedto-Insert after. the reference to "Executive Order 10925" the following:
"or.the clause, contained in Section 201 of Executive Order No. - 11114."-, (c) . In 'accordance with regulations of the Secretary of Labor; the rules;
regulations, orders,' instructions designations, and other directives- issued; ••
•;by-.the President's,Cenrntttee on Equal Employment Opportunity•end those issued
by the heads of various departments or- agencies under or pursuant to any of ' •
the Executive Orders superseded by Executive:Order 11246, shall-, to the extent
- :a that they are .not inconsistent with Executive Order 11246; remain in full
',31 force and effect unless'. and until .revoked (iv- 'superseded by appropriate -
authority.'' References in such directives to•provisions of the Superseded orders.
''• shall be deemed to be references to the comparable provisions of. Executive
. Order 11246: .- .. - ..
:,,
.. y' . - .
{ f
,.. '
41_ AN
Contract No. DABE13-67-C-3757
DEPARTMENT OF THE ARMY
NEGOTIATED WATER SERVICE CONTRACT
PREMISES TO BE SERVED: Schilling Manor Sub-Post, Salina, Saline County,
Kansas
CONTRACTOR: City of Salina, Salina, Kansas
PREMISES ARE: Government owned
ESTIMATED ANNUAL COST HEREUNDER: $67,177200)
CONNECTION CHARGE: None
•
BILLS WILL BE RENDERED TO: Post Engineer, Fort Riley, Kansas
PAYMENTS WILL BE MADE BY: Finance and Accounting Officer, Fort Riley,
Kansas
This negotiated contract is made pursuant to the provisions of
(10 U. S. C. 2304 (a) (10)).
APPROPRIATIONS CHARGEABLE: 21-9770700 55-1003 P1910-23 S14-040_
` .
.
Contract No DABE13-67-C-3757
• DEPARTMENT OF THE ARMY.
' NEGOTIATED WATER SERVICE CONPRACT
THIS CONTRACT, entered into as of 9-1-66 , by and between the
DNITED. STATES OF AMERICA, hereinafter called the Government, represented by
the Contracting Officer executing this contract, and The City of Salina,
whose address is Salina, Kansas, hereinafter called the Contrcctor,
WITNESSETH That the parties hereto do mutually agree as follows: .
1. SCOPE AND TERM OF CONTRACT. (a) - Subject to the terms and condi-
' tions hereinafter set forth, the Contractor shall sell and deliver to the
Government and the Government shall purchase and receive from the Contractor '
water service (hereinafter called service) requested by the Government from'
the .Contractor at the premises to be served hereunder (hereinafter called
the service location), all in accordance with water Service Spacificatiocv
attached hereto and made a part hereof, and identified as Exhibit "A".
(b) This contract shall.continue. in effect until tero'i.nated at the .
option of the Government by the. giving of not less than ninet! (90) days'
•
advance written notice of the effective date of termination. .
• (c) (i) For and in consideration of the faithful performance'of . • -
the stipulations of this contract, the Contractor shall b'e ptid by the
' • • designated disbursing office or officer for service herein cn-tracted for, .
• • at the rates and under the terms and conditions herein set fr.•th in this
• contract for the billing period in which commencement and te-.mination of
. . this contract shall become effective,
(ii) The Contractor hereby declares that said rates are not in
1 excess of the lowest rates now available to any prospective customer under
' ' like conditions of service, and agrees that during the life_ of this contract
the Government shall continue to be billed at the lowest available rate for
similar conditions of service.
•
•
. . (iii) Recognition is given to the fact that the Government .
. • fiscal year. ends on 30 June. Payments hereunder shall be contingent .upon •
• the availability of appropriations therefor, and shall not be made in advance
. of service rendered, .
(iv) All bills for service shell be paid w ,thout penalty or
interest and the Government shall be entitled to any disc3unts customarily
• applicable to payment of bills by all customers of the Contractor.
2
•
•
Contract No. DABEI3-67-C-3757
(v) Invoices for service rendered hereunder shall contain
statements of the meter readings at the beginning of the billing period,
meter constants, consumption during the billing period, and such other
. pertinent data as shall be required by the Government.
2. TECHNICAL PROVISION. (a) Measurement of. service,--(i) All service
furnished by the Contractor shall be determined from the: information obtained
from.the water meters installed at each of the service locations. The Con-
,
' tractor may at his option furnish and install a suitable meter of standard
manufacture to measure the quantity of the service without an adjustment of
rate, or rate application schedules. When more than a single meter is in-
stalled at the service location, the readings thereof shall be' billed 'con-
junctively. In the event any meter fails to register or registers incor-
rectly the service furnished therethrough, the parties shall agree upon the
length of period during which such meter failed to register or registered
incorrectly and the quantity of service delivered therethrough during such
period and, upon agreement, an appropriate adjustment based thereon shall be
made in the Government's bills. For the purpose of the preceding sentence, F,
any meter which registers not more than the allowable percent recognized ,by
The American Water Works Society for water meters slow or fast shall he •
deemed correct. -
(ii) The Contractor, so far as possible, shall determine
• from the water meters at periodic intervals of approximately thirty (30)
days the quantity of service furnished. All billings based on meter read- ,
ings of less than twenty-seven (27) days or more than thirty-two (32) days
• shall be prorated accordingly.
(b) Meter Test.--The Contractor, at its expense, shall periodically
inspect and test the meters installed .by it, at intervals not exceeding one
(1) year. At the written request of the Contracting Officer the Contractor •
shall make additional tests of any or all of such meters in the presence of •
Government representatives. The cost of such additional tests shall be borne
by the Government if the percentage,of error is found to be not more than
the allowable percent recognized by The American Water Works Society for
water meters slow or fast. No meter shall be placed in service or allowed
to remain in service which has an error in registration in excess of the
previously stated percent under normal operating conditions.
(c) Change in volume or character.--Reasonable notice shall, so .
far as possible, be given by the Contracting Officer to the Contractor
respecting any material changes proposed in the volume,or characteristics
of the utility service required at each location.
(d) Continuity of service and consumption;--(i) The Contractor
shall use reasonable diligence to provide a regular and uninterrupted supply
of service at the service location, but shall not be ,liable for damages,
breach of contract or otherwise to the Government for failure, suspension,
3
•
•
•
•
•
• DABE13'67 i, 3 7 5 7
. diminution or other variations of service occasioned by or in consequence
of tv._, crw..ce beyond the control of the Contractor, including but not limited
to acca of God or, of the public enemy, fires, floods, earthquakes or other
• catastrophes, strikes or failure or breakdown of transmission or other facil-
• sties; provided, that when any such failure, suspension, diminution, or
variation of service shall aggregate more than ten (10) hours during any
• ' billing period hereunder, an equitable adjustment shall be made in the
monthly rates specified in this contract,
•
• • (ii) In the event the Government is unable to operpte the
service location in whole or in part for any cause beyond its control,
including but not limited to acts of God or of the public enemy, fires,
floods, earthquakes, or other catastrophes, or strikes, an equitable adjust- .
• went shall be made in. the monthly rates specified in this contract if the
pericu during which the Government is unable to operate such service loca-
, _ tion in whole or in part shall exceed fifteen (15) days during any billing
period hereunder,
• • 3, RATES AND CHARGES, • (a) For all service furnished under this con-
tract to the service locations the Contractor shall identify and invoice '
separately and the Government shall pay the Contractor at the rate schedule,
• as applicable, attached to and made a part hereof and identified ,as Exhibit:
•
�fl
(b) For purposes of -charges under paragraph (a) of this clause, any
demands due to faulty operation of, or excessive or fluctuating pressure on,
. the Contractor's system shall not be included as part of the Government's •
demand,
•
4, CONTRACTOR'S FACILITIES, `(a) The Contractor, at its expense, shall
operate all facilities required to furnish service hereunder to. aad measure
• such service as of the point of delivery specified in the Service Specifica-
� ' . . • tions, Title to all such facilities shall not be transferred
by or through
the use of this contract.
(b) The Government hereh.• grants to the Contractor, free of any
rental or similar charge, but .sub:;ect to the limitations specified in this
' contract, a revocable permit to er±er the service location for any proper
. purpose under this contract, including use of the site or sites agreed upon .
. • by the parties hereto for the installation, operation, and maintenance of
• Government-owned facilities and the facilities of the Contractor required
• to be located upon Government premises, at all times during the life of this
contract; and all taxes .and other charges in connection therewith, together
with all liability arising out of the negligence of the Contractor in the
construction, operation, or maintenance of such facilities shall be assumed
by the Contractor, Authorized representatives of the Contractor will be •
allowed access to .the facilities of the Contractor at suitable times to •
perform the obligation of the Contractor with respect to such facilities, •
• 4
•
•
•
•
•
•
•
•
•
DABE13'67 C 3 7 5 7
•
•
Such fscilitieo shall be reraved sad Govern:uynt premieco restored to their
original condition by the Contractor at its expense within a reasonable
• tine after the Goverment shall revoke the permit herein granted and in any
• event within a reasonable time after terwinetion of thin contract. It is
expressly ;ntderatood, however, that proper military or Governmental authority ,
nay limit or restrict the right of access heroin granted in any manner con-
aidored by such authority to be necessary for the national security.
5. FOLIC REGULATION AND 011MG2 OF RATES. (a) Public regulation.--
Service furnished under this contract shall be subject to regulation in the •
scanner and to the extent prescribed by law by any Federal, State, or local
• regulatory comeiooion having jurisdiction. If during the terns of this con-
• tract the public regulatory commission having jurisdiction lawfully approves
' rates that are higher or rates that are lower than these stipulated herein
for like conditions of service, the Contractor agrees to continue to furnish
service 713 stipulated in this contract and the Government agrees to pay for
each .4_ -2._e at.the higher or lower rates from and after the date when such
rates are =via effective.
•
• ire)_ Change of rates.--(i) . Subject to paragraph (a) of this clause,
in the event the Contractor, deri a the term of this contract, shall make
effective any new rate schedule or emended rate schedule applicable to the
ciaes' of service furnished the Government at the service -location which may
• contain a lower rate .or conditions more favorable to the Government for such
class of service, the Contractor shall forward to the Contracting Officer e -
copy. of such rate schedule or emended rate schedule within fifteen (15) days
after the effective date thereof, r.,^td upon receipt of written request from
the Govan ant, shall substitute seeh rate schedule or ascended rate achedule
for th3 rte. schedule then in effect hereunder for such service location,
co *ac-Lng with the billing period in which such written request is received.
• aii) Subject to paragraph (a) of this clause, in the event of
a permarc t change in the class of service furnished the Government at the
service lecetion, service shall, effective sixty (60) days after written re-
quest is wade by either party or at such other time ac may agreed upon,
thereafter be furnished to such service location at the lowest available rate
schedule of the Contractor which is applicable to the class of service fur-
nished following ouch permanent change.
• 6. OFFICIALS NOT TO BE@EFTT. No member of or delegate to Congress,
or resident comisoioner, shall be admitted to any share or part of this
contract, or to any benefit that may arise therefrom; but this-provision
shall not be construed to extend to this contract if made with a corporation
for its general benefit.
7. COVEF*ANT AGAINST CONTINGENT FEES. The • aeractor warrants that no
person or ceiling agency has been employed or rettiued to solicit or secure
' 5
•
•
ee
DABE13'67 C 3 7 5 7
•
• this eo a root upon an agreement or understanding for a commission, percentage;
brokerage, or contingent fee; excepting bona fide employees or bona fide •
establi^ ad commercial or selling agencies maintained by the Contractor for
the purpose of securing business. For breach or violation of this warranty
the Government shall have the right to annul this contract without liability
or in its discretion, to deduct from the contract price or consideration,
or otherwise recover, the full amount of such commission, percentage, broker-
age or contingent fee.
8. ASSIGNMENT OF CLAIMS. No claim arising under this contract shall be
transferred or assigned by the Contractor.
•
9. CONVICT LABOR. In connection with the performance of work under
this contract, the Contractor agrees not to employ any person undergoing.
sentence of imprisonment at hard labor.
10. EQUAL OPPORTUNITY, (The following article is applicable unless this
contract is exempt under the rules and regulations of the Secretary Of Labor.
Exemptions include contracts and subcontracts (i) not exceeding $10,000,
(ii) not exceeding $100,000 for standard commercial supplies or raw materials,
and (iii) under which work is performed outside the United States and no
• recruitment of workers within the United States is involved.)
During the performance of .this contract, the Contractor agrees as follows:
• 1. The Contractor will not discriminate against any employee or
applicant for employment because of race, creed, color, or national origin.
The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated duiirg employment, without regard
to their race, creed, color, or national origin. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to
be provided by the Contracting Officer setting forth the provisions of
this nondiscrimination article,
2. The Contractor will, in all solicitations or advertisements for
. employers i.laced by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to
• race, creed, color, or national origin.
3. The Contractor will send r:o each labor union or representative of
workers with which he has a collective bargaining agreement or other contract
or understanding, a notice, to be provided by the Agency Contracting Officer,
advising the said labor union of workers' representative of the Contractor's
commitments under this nondiscrimination article, and shall post copies of
the notice in conspicuous places available to employees and applicants for
employtm n „
•
6
•
DABEIs'67 C 37 5 7
• 4, The Contractor will comply with all provisions of Executive Order
No. 11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor created thereby.
5. The Contractor will furnish all information and reports required
by Executive Order No, 11246 of September 24, 1965, and by the rules,
regulations, and order's of the Secretary of Labor, pursuant thereto, and•
will permit access to his books, records, and accounts by the contracting
agency.and the Secretary of Labor for purposes of investigation to ascertain
• compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the nondis-
crimination article of this contract or with any of the said rules, regu-
lations, or orders, this contract may be cancelled, terminated, or suspended
in whole or in part and the Contractor may be declared ineligible for
• further Government contracts in accordance with procedures authorized in
• Executive Order No. 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in the said Executive Order
or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
7. The Contractor will include the provisions of paragraphs 1 through
6 in every subcontract or purchase order unless exempted by rules, regula-
tions, or' orders of the Secretary of Labor issued pursuant to section 204
of Executive Order No. 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor,* The Contractor will
take such action with .respect to any subcontract or purchase order as the
-contracting agency may direct as a means of enforcing such provisions,,
including sanctions for noncompliance: Provided, however, that in the event
the Contractor becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the contracting
agency, the Contractor may request the United States to enter into such
litigation to protect the interest of the United States,
11, DISPUTES, (a) Except as otherwise provided in this contract, , any •
dispute concerning a question of fact arising under this contract which is
not diaploed of by agreement shall be decided by the Contracting Officer,
who shall reduce his decision to writing and mail or otherwise furnish a
copy thereof to the Contractor. The decision-of the Contracting Officer shall
• be final and conclusive unless, within 30 days from the date of receipt of
'=Unless otherwise provided, the "Equal Opportunity" article is not re-
quired to be inserted in subcontracts below the second tier, except for sub-
contracts involving the performance of "construction work" at the "site of
construction" (as those terms are defined in the Secretary of Labor's rules
and regulations) in which case the article must be inserted in all such sub-
contracts. Subcontracts may incorporate by reference the "Equal Opportunity"
article.
•
7
•
•
•
•
• DABE13 '67 C 3 7 5 7
•
. . such copy, the Contractor mails or otherwise furnishes to the Contracting
Officer a written appeal addressed to the Secretary. The decision of the •
Secretary or his duly authorized representative for the determination of
such appeals shall be final and conclusive unless determined by a court of
• competent jurisdiction to have been fraudulent, or capricious, or arbitrary,
or so grossly erroneous as necessarily to imply bad faith, or not sup-
ported by substantial :evidence. In connection with any appeal proceeding
• under this clause, the Contractor shall be afforded an opportunity to be
heard and to offer evidence in support of his appeal. Pending final deci-
sion of a dispute hereunder, the Contractor shall proceed diligently with
the performance of the contract and in accordance with the Contracting
Officer's decision.
(b) This "Disputes" clause does not preclude consideration of
law quer.:tiena in connection with decisions provided for in paragraph- (a)
above; provided, that nothing in this contract shall be construed as making
final the decision of any administrative official, representative, or board •
. on a question of law,
12, GRATUITIES, ' (a) The Government may, by written notice to the
Contractor, terminate the right of the Contractor to proceed under this
contract if it is found, after notice and hearing, by the Secretary or` his
duly 'authorized representative, that gratuities (in the form of entertain-
ment, ,gifts, or otherwise) were offered or given by the Contractor, or any
agent or representative of the Contractor,- to any officer or employee of the
Government with a view toward securing a contract or securing favorable
treatment with respect to the awarding or amending, or the making of any
determinations with respect to the performing of such contract; provided,
that the ezictence of the facts upon which the Secretary or his duly
authorized representative makes such findings shall be in issue and may •
be reviewed in any competent court.
(b) In the event this contract is terminated as provided in
paragraph (a) hereof, the Government shall be entitled (i) to pursue the
same remedies against the Contractor as it could pursue in the event of
a breach of the contract by the Contractor, and (ii) as a penalty in
•addition to any other damages .to which- it may be entitled by law, to ex-
emplary damages in an amount (as determined by the Secretary or his duly
authorized representative) which shall be not less than three nor more
than ten times., the costs incurred by the Contractor in providing any such
. gratuities to any such officer or employee,
(c) . The rights and remedies of the Government provided in this
clause shall not be 'exclusive and are in addition to any other rights and
remedies provided by law or under this contract, •
8
•
•
DABE13'67 C. 3 7 13 7
• 13. DEFINITIONS, As used throughout this contract, the following terms .
shall have the meanings set forth below:
(a) The term "head of the agency" or "Secretary" means the
• Secretary, the Under Secretary, any Assistant Secretary, or any other head
or assistant head of the executive or military department or other Federal
• agency; and the term "his duly authorized representative" means any person
or person!) or board (other than the Contracting Officer) authorized to act
for the head of the agency or the Secretary.
•
(b) The term "Contracting Officer" means the person executing
this contract on behalf of the Government, and any other officer or civilian
employee who is a properly designated Contracting Officer; and the term
' includes, except as otherwise provided in this contract, the authorized
representative of a Contracting Officer acting within the limits of his
authority.
•
(c) Except as. otherwise provided in this contract, the term
"subcontracts"includes purchase orders under this contract.
14. CONFLICTS, To the extent of any inconsistency between the pro-
.
visions of this contract, and any schedule, rider or exhibit incorporated
in this contract by reference or otherwise, or any of the Contractor rules
and regulations, the provisions of this contract shall control.
IN WITNESS WHEREOF, the parties hereto have executed this contract as
of the day and year first above written.
THE UNITED STATES OF AMERICA '
BY 1�t- JL G
•
— HELEN WHOR'ION
• Contracting Officer
' CITY OF SALINA, SALINA KANSAS
BY
APPROVED .1702W1241 .7: City D. ar.age
Date C. '.f. cvr s>.i. City Mat.ager
r2 �puty Army Power Procurement Officer
APPROVAL CLAUSE
•
This contract is subject to the: manual approval of the Department of
the Army Power Procurement Officer or his duly authorized representative
and shall not- be binding until so approved,
9
•
•
Exhibit "A"
Attached to and made part of
Contract No. DABE13-67-C-3757
WATER SERVICE SPECIFICATIONS
1. PREMISES TO BE SERVED: Schilling Manor Sub-Post, Salina, Saline
County, Kansas
2. ESTIMATED SERVICE REQUIREMENTS:
Estimated daily Maximum demand: 500,000 Gallons
Estimated annual consumption: 158,384,000 Gallons
(Government is in no way obligated to use nor is it restricted to
the above estimated requirements.)
3. SERVICE LOCATIONS: The Service locations of water shall be: Schilling
Manor Sub-Post water distribution' system at the
three meter locations and to the meter locations of
Buildings 348, 372, 381, 381E, 448, 455, 495, 656,
and 670.
4. DESCRIPTION OF WATER SERVICE: The contractor shall have 1,000 gallons
per minute of water continuously available at the points of delivery at a
pressure of not less than 10 pounds per square inch gauge for four hours.
5. QUALITY OF WATER: The Contractor will supply clear, potable water safe
for human consumption in accordance with standards adopted by the United
States Public Health Service for drinking and culinary water supplied by
common carriers in interstate commerce and such revisions thereof as may
be made from time to time.
6. METERING AND BILLING: Water will be measured thru meters at the service
locations and billed in accordance with the following schedule:
Bldg No Size of Meter No of Meters Rate - Exhibit B Method of Billing
348 2" 2 Inside Conjunctive
372 1" 1 Inside Single
381 2" 1 Inside Single
381E 2" 1 Inside Single
448 2" 1 Inside Single
455 2" 1 Inside Single
495 1" 1 Inside Single
656 2" 1 Inside Single
670 2" 1 Inside Single
Family Hog 8" 3 Outside Conjunctive '
•
7. SIZE OF CONTRACTOR'S PIPELINE TO THE SERVICE LINE AND THUS TO THE POINTS
OF DELIVERY: Four inches diameter and larger.
8 ALTERATIONS AND ADDITIONS: None
•
•
lS habit "B"
Attached to and made part of
Contract No, DABE13-67-C-3757
CITY OF SALINA, WATER AND SEWERAGE DEPARTMENT
Water Rates Effective June 1, 1959
BASED 024 MONTHLY USE .
EXCEPT FOR THE MINIMUM AMOUNTS ALLOWED
ACCORDING TO THE SIZE OF METER
•
RESIDENTIAL AND COMMERCIAL CONSUMERS INSIDE CITY:
• *First 2000 Cu, Ft. or 15,000 Gals. @ 250 per C Cu, Ft, or 33,330 per M/Gale,
•• Next 3000 Cu, Ft, or 22,500 Gals, @ 220 per C Cu, Ft. or 29,330 per M/Gals.
Next 5000 Cu, Ft. or 37,500 Gals. @ 190 per C Cu, Ft. or 25,330 per M/Gala,
All Over 10000 Cu, Ft. or 75,000 Gals, @ 150 per C Cu, Ft. or 20,000 per M/Gals.
Monthly minimum charges are as follows, based on size of meter installed:
Size of Minimum , Per C Cu, Ft, Per M Gallons _
meter charge Cu, Ft„ allowed Gals, allowed
5/8" $1,75 350 500 46,660 3,750
3/4" $2.45 350 700 46,660 5,250
1" $4,20 350 1,200 46,660 9,000-
11/2" $7.70 350 2,200 46,660 16,500'
2" $11.20 350 3,200 46,660 24,000
3"
$16.30 32,60 5,000 43,460 37,500
4" $27.20 30,20 9,000 40,290 67,500
6" $46.50 27,30 ' 17,000 36,470 127,500
8" . $78.08 24.40 32,000 30,730 240,000
*Multiple consumers served by a masterr meter are charged at 250 per C Cu, Ft,
or 33,330 per M Gals, for all water consumed in excess of the minimum,
711• gallons per cubic foot , •
• r ,
bABEI3 '67 0 3 7 5 7
RESIDENTIAL AND COMMERCIAL CONSUMERS OUTSIDE CITY:
*First 2000 Cu. Ft. or 15,000 Gal, . @ 31.250 per C Cu. Ft. or 41,660 per M/Gals.
Next 3000 Cu. Ft. or 22,500 Galr . @ 27.500 per C Cu. Ft. or 36.560 per M/Gals.
Next 5000 Cu. Ft. or 37,500 Gale,. @ 23.750 per C Cu. Ft. or 31.660 per M/Gels. '
All over 10000 Cu. Ft. or 75,000 GalE . @ 18.750 per C Cu. Ft. or 25.000 per M/Gals.
Monthly minimum charges are as follots, based on size of meter installed:
Size of Minimum Per C Cu. Ft. Per M Gallons
meter charge Cu. Ft. allowed Gals, allowed
5/8" $3.50 700 500 93,320 3,750
3/4" $4.90 700 700 93.320 5,250
1" $8.40 700 1,200 93.320 9,000
1%" $15.40 700 2,200 93.320 16,500
2" $22.40 700 3,200 93.320 24,000
3" $32.60 65.20 - 5,000 86.920 37,500
4" $54.40 60,40 9,000 80.580 67,500
6" $93.00 54.60 17,000 72.940 127,500
8" $156.16 48.80 ' 32,000 61.460 240,000
*Multiple consumers served by a master meter are charged at 31.250 per C Cu. Ft.
or 41.660 per M/Gals, for all water consumed in excess of the minimum.
PURCHASING AND CONTRACTING DIVISION
Fort Riley, Kansas '
Delegation No. 120
ALRGD-P 1 September 1966
SUBJECT: Contracting Officer's Representative (Supply and/or Service
Contracts)
TO: Post-Engineer
Fart Riley. Kansas
1 . Reference Contract Nr. 0A$E13.674•9757 . Under the provi-
sions of Paragraph 1-451 , Army Procurement Procedure, revised 31 January
1962, you are hereby designated to act as authorized representative of
the Contracting Officer for this contract, effective as of) Sept 1966 .
2. This authorization does not impower you to execute or agree to
any contract or modification thereof.
•
3. You are hereby authorized to:
a. Supervise •contracteperformance.
•
b. Conduct inspections pertinent thereto.
c. Place orders against the contractor for supplies or ser-
vices as included in the terms and conditions of the contract and for
which an obligation of funds has been recorded.
4. You will notify the Contracting Officer of any failure on the
part of the Contractor to comply with the terms and conditions of the
contract or failure to make progress so as to endanger contract per-
formance.
5. You will notify the Contracting Officer of any failure on
the part of the Government to meet its obligations under the terms and
- 'conditions -of the contract.
•
HELEN-WHARTON
Contracting Officer ' • • •
FR 25 JUN 62 FL 231 .
Contract No. DABE13-67-C-3757
DEPARTMENT OF THE ARMY
NEGOTIATED WATER SERVICE CONTRACT
PREMISES TO BE SERVED: Schilling Manor Sub-Post, Salina, Saline County,
Kansas
CONTRACTOR: City of Salina, Salina, Kansas
PREMISES ARE: Government owned
ESTIMATED ANNUAL COST HEREUNDER: $67,177.00
CONNECTION CHARGE: None
BILLS WILL BE RENDERED TO: Post Engineer, Fort Riley, Kansas
PAYMENTS WILL BE MADE BY: Finance and Accounting Officer, Fort Riley,
Kansas
This negotiated contract is made pursuant to the provisions of
(10 U. S. C. 2304 (a) (10)).
APPROPRIATIONS CHARGEABLE: 21-9770700 55-1003 P1910-23 S14-040:
CUTE 7D 5 RUR c°r'n v
HELEN WHORTON
Contracting Office,
C91,As
I` •
•
Contract No. DABE13-67-C-3757
• DEPARTMENT OF THE ARMY.
• NEGOTIATED WATER SERVICE CONTRACT
•
•
•
THIS CONTRACT, entered into as of 90. , , by and between the
• UNITED. STATES OF AMERICA, hereinafter called the Government, represented by
• the Contracting Officer executing this contract, and The City ef'Salina,
whose address is Salina, 'Kansae, hereinafter called the Contractor,
•
WITNESSETH That the parties hereto do•mutually agree as follows:
•
• • 1. SCOPE AND TERM OF CONTRACT, (a) Subject to the terms and condi-
• tions hereinafter set forth, the Contractor shall sell and deliver to the
Government and the Government shall purchase and receive from the Contractor
• water service (hereinafter called service) requested by the Gonernment from
the .Contractor at the premises to be served hereunder (hereinafter called
the service location), all in accordance with water Service Spacificatiore
attached hereto and made a part hereof, and identified as Exhibit "A".
4
(b) This -contract shall.continue. in effect until terrinated at the
option of the Government by the giving of not less than ninet'• (90) days
advance written notice of the effective date of termination.
(c) (i) For and in consideration of the faithful performance of •
the stipulations of this contract, the Contractor shall be pad by the
designated disbursing office or officer for service herein contracted for,
• at the rates and under the terms and conditions herein set fd,rth in this •
contract for the billing period in which commencement and termination of
this contract shall become effective.
• (ii) The Contractor hereby declares that said rates are not in
excess of the lowest rates now available to any prospective customer under
like conditions of service, and agrees that during the lira of this contract
• the Government shall continue to be billed at the lowest available rate for
• • similar conditions of service.
(iii) Recognition is given to the fact that the Government
fiscal year ends on 30 June. Payments hereunder shall be contingent .upon
the availability of appropriations therefor, and shall not be made in advance
of service rendered.
(iv) All bills for service shell be paid w .thout penalty or
interest and the Government shall be entitled to any disc3unts customarily
applicable to payment of bills by all customers of the Contractor.
2
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Contract No. DABE13-67-C-3757
C.. .
(v) Invoices for service rendered hereunder shall contain
statements of the meter readings at the beginning of the billing period,
meter constants, consumption during the billing period, and such other
pertinent data as shall be required by the Government.
2. TECHNICAL PROVISION. (a) Measurement of. service,--(i) All service
furnished by the Contractor shall be determined from the. information 'obtained
from-the water meters installed at each of the service locations. The Con-
• tractor may at his option furnish and install a suitable meter of standard
manufacture to measure the quantity of the service without an adjustment of
rate, or rate application schedules. When more than a single meter is in-
stalled at the service location, the readings thereof shall be billed con-
.
junctively. In the event any meter fails to register or registers incor-
rectly the service furnished therethrough, the parties shall agree upon the
length of period during which such meter failed to register or registered
incorrectly and the quantity of service delivered therethrough during such
period and, upon agreement, an appropriate adjustment based thereon shall be
made in the Government's bills. For the purpose of the preceding sentence,
any meter which registers not more than the allowable percent recognized by
The American Water Works Society for water meters slow or fast shall le
deemed correct.
(ii) The Contractor, so far as possible, shall determine
from the water meters at periodic intervals of approximately thirty (30)
days the quantity of service furnished.' All billings based on meter read-
ings of less than twenty-seven (27) days or more than thirty-two (32) days
shall be prorated accordingly.
(b) Meter Test.--The Contractor, at its expense, shall periodically
inspect and test the meters installed -by it, at intervals not exceeding one
(1) year. At the written request of the Contracting Officer the Contractor
shall make additional tests of any or all of such meters in the presence of
Government representatives. The cost of such additional tests shall be borne
by the Government if the percentage of error is found to be not more than
the allowable percent recognized by The American Water Works Society for
water meters slow or fast. No meter shall be placed in service or allowed
to remain in service which has an error in registration in excess of the
previously stated percent under normal operating conditions.
(c) Change in volume or character.--Reasonable notice shall, so
far as possible, be given by the Contracting Officer to the Contractor
respecting any material changes proposed in the volume,or characteristics
of the utility service required at each location.
(d) Continuity of service and consumption.--(i) The Contractor
shall use reasonable diligence to provide a regular and uninterrupted supply
of service at the service location, but shall not be liable for damages,
breach of contract or otherwise to the Government for failure, suspension,
3
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DABE13'67 C 3 7 5 7
•
•
diminution or other variations of service occasioned by or in consequence
of any cause beyond the control of the -Contractor, including but not limited
•
to acts of God or of the public enemy, fires, floods, •earthquakes or other
• - catastrophes, strikes or failure or breakdown of transmission or other facil-
ities; provided, that when any such failure, suspension, diminution, or
variation of service shall aggregate more than ten (10) hours during any
• - billing period hereunder, an equitable adjustment shall be made in the
monthly rates specified in this contract,
• • (ii) In the event the Government is unable to operate the
service location in whole or in part for any cause beyond its control,
including but not limited to acts of God or of the public enemy, fires,
. floods, earthquakes, or other catastrophes, or strikes, an equitable adjust- .
meat shall be made in. the monthly rates specified in this contract if the
period during which the Government is unable to operate such service loca-
tion in whole or in part shall exceed fifteen (15) days during any billing
' period hereunder,
•
• 3, RATES AND CHARGES. - (a) For all service furnished under this con-
.
tract to the service locations the Contractor shall identify and invoice
separately and the Government shall pay the Contractor at the rate schedule,
as applicable, attached to and made a part hereof and identified as Exhibit
(b) For purposes of charges under paragraph (a) of this clause, any
demands due to faulty operation of, or excessive or fluctuating pressure on,
the Contractor's system shall not be included as part of the Government's. -
demand,
4. CONTRACTOR'S FACILITIES, (a) The Contractor, at its expense; shall
operate all facilities required to furnish service hereunder to• and measure
such service as of the point of delivery specified in the Service Specifica-
tione, Title to all such facilities shall not be transferred by or through
the use of this contract.
(b) The Government hereby grants to the Contractor, free of any
rental or similar charge, but .subject to the limitations specified in this
contract, a revocable permit to enter the service location for any proper
purpose under this contract, including use of the site or sites agreed upon
by the parties hereto for the installation, operation, and maintenance of
Government-owned facilities and the facilities of the Contractor required
to be located upon Government premises, at all times during the life of this
contract; and all taxes .and other charges in connection therewith, together
with all liability arising out of the negligence of the Contractor in the
construction, operation, or maintenance of such facilities shall be assumed
by the Contractor; Authorised representatives of the Contractor will be
• allowed access to .the facilities of the Contractor at suitable times to
perform the obligation of the Contractor with respect to such facilities.
4
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DABE13'67 C 3 7 5 7
•
Such 'facilities shall be removed and Government premises 'restored to their
original condition by the Contractor at its expense within a reasonable
time after the Government shall revoke the permit herein granted and in any
event within a reasonable time after termination of this contract. It is
expressly understood, however, that proper military or Governmental authority .
may limit or restrict the right of access herein granted in any manner con-
sidered by such authority to be necessary for the national security.
5. PUBLIC REGULATION AND CHANGE OF RATES. (a) Public regulation.--
Service furnished under this contract shall be subject to 'regulation in the
manner and to the extent prescribed by law by any Federal, State, or local
regulatory commission having jurisdiction. If during the terms of this con-
tract the public regulatory commission having jurisdiction lawfully approves
rates that are higher or rates that are lower than these stipulated herein
for like conditions of service, the Contractor agrees to continue to furnish
service as stipulated in this contract and the Government agrees to pay for
such service at the higher or lower rates from and after the date when such
rates are made effective.
(b) Change of rates.--(1) Subject to paragraph (a) of this clause,
in the event the Contractor, during the term of this contract, Shall make
effective any new rate schedule or emended rate schedule applicable to the
class' of service furnished the Government at the service location which may
contain a lower rate or conditions more favorable to the Government for such
class of service, the Contractor shall forward to the Contracting Officer a
copy. of such rate schedule or amended rate schedule within fifteen (15) days
after the effective date thereof, and upon receipt of written request from
the Government, shall substitute such rate schedule or amended rate schedule
for the rate schedule then in effect hereunder for such service location,
commencing with the billing period in which such written request is received.
(ii) Subject to paragraph (a) of this clause, in the event of
a permanent change in the class of service furnished the Government at the
service location, service shall, effective sixty (60) days after written re-
quest is made by either party or at such other time as may be agreed upon,
thereafter be furnished to such service location at the lowest available rate
schedule of the Contractor which is applicable to the class of service fur-
nished following such permanent change.
6. OFFICIALS NOT TO BENEFIT. No member of or delegate to Congress,
or resident commissioner, shall be admitted to any share or part of this
contract, or to any benefit that may arise therefrom; but this provision
shall not be construed to extend to this contract if made with a corporation
for its general benefit.
7. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that no
person or selling agency has been employed or retained to solicit or secure
5
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DABE13'67 C 37 51
•
•
this contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee; excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Contractor for
the purpose of securing business. For breach or violation of this warranty
the Government shall have the right to annul this contract without liability
or in its discretion, _to deduct from the contract price or consideration,
or otherwise recover, the full amount of such commission, percentage, broker-
age or contingent fee.
8. ASSIGNMENT OF CLAIMS. No claim arising under this contract shall be
transferred or assigned by the Contractor.
9. CONVICT LABOR. In connection with the performance of work under
this contract, the Contractor agrees not to employ any person undergoing.
sentence of imprisonment at hard labor.
10. . EQUAL OPPORTUNITY. (The following article is applicable unless this
contract is exempt under the rules and regulations of the Secretary of Labor.
Exemptions include contracts and subcontracts (i) not exceeding $10,000,
(ii) not exceeding $100,000 for standard commercial supplies or raw materials,
and. (iii) under which work is performed outside the United States and no
recruitment of workers within the United States is involved.)
During the performance of this contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or
applicant for employment because of race, creed, color, or national origin.
The .Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated dutkg employment, without regard
to their race, creed, color, or national origin. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous
•
places, available to employees and applicants for employment, notices to
be provided by the Contracting Officer setting forth the provisions of
this nondiscrimination article.
2. The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to
race, creed, color, or national origin.
3. The Contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other contract
or understanding, a notice, to be provided by the Agency Contracting Officer,
advising the said labor union of workers' representative of the Contractor's
commitments under this nondiscrimination article, and shall post copies of
the notice in conspicuous places available to employees and applicants for
employment.
6
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• DABE13'67 C 3 7 51
•
4. The Contractor will comply with all provisions of Executive Order
No. 11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor created thereby.
5. The Contractor will furnish all information and reports required
by Executive Order No. 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, pursuant thereto, and
will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the nondis-
crimination article of this contract or with any of the said rules, regu-
lations, or orders, this contract may be cancelled, terminated, or suspended
in whole or in part and the Contractor may be declared ineligible for
further Government contracts in accordance with procedures authorized in
Executive Order No. 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in the said Executive Order
or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
7. The Contractor will include the provisions of paragraphs 1 through
6 in every subcontract or purchase order unless exempted by rules, regula-
tions, or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order No. 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor.* The Contractor will
take such action with respect to any subcontract or purchase order as the
contracting agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, that in the event
the Contractor becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the contracting
agency, the Contractor may request the United States to enter into such
litigation to protect the interest of the United States,
11. DISPUTES. (a) Except as otherwise provided in this contract, any
dispute concerning a question of fact arising under this contract which is
not disposed of by agreement shall be decided by the Contracting Officer,
who shall reduce his decision to writing and mail or otherwise furnish a
copy thereof to the Contractor. The decision of the Contracting Officer shall
be final and conclusive unless, within 30 days from the date of receipt of
*Unless otherwise provided, the "Equal Opportunity" article is not re-
quired to be inserted in subcontracts below the_second-tier, except for sub-
contracts involving the performance of ."construction work" at the "site of
construction" (as those terms are defined -in the Secretary of Labor's rules
and regulations) in which case the article must be inserted in all such sub-
contracts. Subcontracts may incorporate by reference the "Equal Opportunity"
article.
7
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bABE13 '67 C 3 7 5 7
•
such copy, the Contractor maile or otherwise furnishes to the Contracting
Officer a written appeal addressed to the Secretary. The decision of the
Secretary or his duly authorized representative for the determination of
such appeals shall be final and conclusive unless determined by a court of
competent jurisdiction to have been fraudulent, or capricious, or arbitrary,
or so grossly erroneous as necessarily to imply bad faith, or not sup-
ported by.substantial.evidence. In connection with any appeal proceeding
under this clause, the Contractor shall be afforded an opportunity to be
heard and to offer evidence in support of his appeal. Pending final deci-
sion of a dispute hereunder, the Contractor shall proceed diligently with
the performance of the contract and in accordance with the Contracting
Officer's decision.
(b) This "Disputes" clause does not preclude consideration of
law questions in connection with decisions provided for in paragraph (a)
above; provided, that nothing in this contract shall be construed as making
• final the decision of any administrative official, representative, or board
on a question of law,
12. GRATUITIES. (a) The GovernmenE may, by written notice to the
Contractor, terminate the right of the Contractor to proceed under this
'contract if it is found, after notice and hearing, by the Secretary or his
duly authorized representative, that gratuities (in the form of entertain-
ment, gifts, or otherwise) were offered or given by the Contractor, or any
agent or representative of the Contractor, to any officer or employee of the
Government with a view toward securing a contract or securing favorable
treatment with respect to the awarding or amending, or the making of any
determinations with respect to the performing of such contract; provided,
that the existence of the facts upon which the Secretary or his duly
authorized representative makes such findings shall be in issue and may
be reviewed in any competent court.
(b) In the event this contract is terminated as provided in
paragraph (a) hereof, the Government shall be entitled (i) to pursue the
same remedies against the Contractor as it could pursue in the event of
a breach of the contract by the Contractor, and (ii) as a penalty in
addition to any other damages to which it may be entitled by law, to ex-
emplary damages in an amount (as determined by the Secretary or his duly
authorized representative) which shall be not less than three nor more
than ten times the costs incurred by the Contractor in providing any such
gratuities to any such officer or employee.
(c) The rights and remedies of the Government provided in this
clause shall not be exclusive and are in addition to any other rights and
remedies provided by law or under this contract.
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DABE13'67 C 3 7 5
13. DEFINITIONS. As used throughout this contract, the following terms
shall have the meanings set forth below:
(a) The term "head of the agency" or "Secretary" means the
Secretary, the Under Secretary, any Assistant Secretary, or any other head
or assistant head of the executive or military department or other Federal
agency; "and the term "his duly authorized representative" means any person
or persons or board (other than the Contracting Officer) authorized to act
for the head of the agency or the Secretary.
•
(b) The term "Contracting Officer" means the person executing
this contract on behalf of the Government, and any other officer or civilian
employee who is a properly designated Contracting Officer; and the term
includes, except as otherwise provided in this contract, the authorized
representative of• a Contracting Officer acting within the limits of his
authority.
(c) Except as otherwise provided in this contract, the term
"subcontracts"includes purchase orders under this contract.
14. CONFLICTS. To the extent of any inconsistency between the pro-
visions of this contract, and any schedule, rider or exhibit incorporated
in this contract by reference or otherwise, or any of the Contractor rules
and regulations, the provisions of this contract shall control.
IN WITNESS WHEREOF, the parties hereto have executed this contract as
of the day and year first above written.
THE UNITED STATES OF AMERICA '
BY A/ Helen Wharton
• HELEN WHORTON
• Contracting Officer
/�� CITY OF SALINA, SALINA KANSAS
APPROVED - —••--•—•••
Date: C. M. WEBB, JR. By /g/ U. 0. Olson
/�uty Army Power Procurement Officer N. D. OLSON
City Manager
APPROVAL CLAUSE
This contract is subject to the manual approval of the Department of
the Army Power Procurement Officer or his duly authorized representative
and shall not- be binding until so approved.
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Exhibit "A',',
Attached to+and made part of
Contract No. DABE13-67-C-3757
e Y.
WATER SERVICE SPECIFICATIONS •
1. PREMISES TO BE SERVED: Schilling Manor Sub-Post, Salina, Saline R,.'
County, Kansas ; ' ,,
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2. ESTIMATED SERVICE REQUIREMENTS: ? ,.
kq,,_ a.
Estimated daily Maximum demand: 500,000 Gallons
Estimated annual consumption: 158,384,000 Gallons " ^
(Government is in no way obligated to use nor is it restricted to
the above estimated requirements.)
3. SERVICE LOCATIONS: The Service locations of water shall be: Schilling
' Manor Sub-Post water distribution system at the
three meter locations and to the meter locations of
Buildings 348\2, 381, 381E, 448; 455, 495, 656,
and 670. .
4. DESCRIPTION OF WATER SERVICE: The contractor shall have 1,000 gallons
per minute of water continuously available at the points of delivery at a
pressure of not less than 10 pounds per square inch gauge for four hours.
S. QUALITY OF WATER: The Contractor will supply clear, potable water safe
for human consumption in accordance with standards adopted by the United
States Public Health Service for drinking and culinary water supplied by
common carriers in interstate commerce and such revisions thereof as may
be made from time to time.
6. METERING AND BILLING: Water will be measured thru meters at the service
locations and billed in accordance with the following schedule:
Bldg No Size of Meter No of Meters Rate - Exhibit B Method of Billing
348, 2" 2 Inside Conjunctive
372 1" 1 Inside Single
381 2" 1 Inside Single - •
381E 2" 1 Inside Single
448 2" 1 Inside Single
• 455 2" 1 Insid\ Single
,t 495 1" 1 InniAAe y Singly }.
`r .N „ 656° 2" 1 Inside ' Single
670- '2" 1 Tnsidef Single
• Family Hag 8" 3 Outside Conjunctive
7. SIZE OF CONTRACTOR'S PIPELINE TO THE SERVICE LINE AND THUS TO THE POINTS
OF DELIVERY: Pour inches diameter and larger.
8 ALTERATIONS AND ADDITIONS: None
DABE10T7 C 3 7 5 7
Exhibit ''B"
Attached to and made part of
Contract No. DABE13-67-C-3757
CITY OF SALINA, WATER AND SEWERAGE DEPARTMENT
Water Rates Effective June 1, 1959
BASED ON MONTHLY USE
EXCEPT FOR THE MINIMUM AMOUNTS ALLOWED
ACCORDING TO THE SIZE OF METER
RESIDENTIAL AND COMMERCIAL CONSUMERS INSIDE CITY:
*First 2000 Cu. Ft, or 15,000 Gals, @ 25c per C Cu. Ft. or 33.33c per M/Gale.
Next 3000 Cu. Ft. or 22,500 Gals. @ 220 per C Cu. Ft. or 29,330 per M/Gals.
Next 5000 Cu. Ft. or 37,500 Gals, @ 190 per C Cu. Ft. or 25.330 per M/Gals,
All Over 10000 Cu. Ft. or 75,000 Gals. @ 150 per C Cu. Ft. or 20.000 per M/Gale.
Monthly minimum charges are as follows, based on size of meter installed:
Size of Minimum . Per C Cu. Ft. Per M Gallons
meter charge Cu, Ft, allowed Gals, allowed
5/8" $1.75 350 500 46,66c 3,750
3/4" $2.45 35c 700 46,660 5,250
1" $4.20 350 1,200 46.66c 9,000
111" $7.70 35c 2,200 46.66c 16,500
2" $11.20 350 3,200 46.66c 24,000
3" $16.30. 32.6c 5,000 43.460 37,500
4" $27.20 • 30.20 9,000. 40.290 67,500
6" $46.50 . 27,30 ' 17,000 36.47c 127,500
8" • $78.08 24,40 32,000 30.730 240,000
*Multiple consumers served by a-master. meta are charged at 25c per C Cu. Ft.
or 33.33c per M Gals, for all water consumed in excess. of:the minimum,
71/2 gallons per cubic foot
• • , DABE13'67 C 3 7 3 1
RESIDENTIAL AND COMMERCIAL CONSUMERS OUTSIDE CITY:
*First 2000 Cu. Ft. or 15,000 Gale. @ 31.250 per C Cu. Ft. or 41.660 per M/Gals.
Next 3000 Cu. Ft. or 22,500 Gals. @ 27.500 per C Cu. Ft. or 36,560 per M/Gals.
Next 5000 Cu. Ft. or 37,500 Gals. @ 23,750 per C Cu. Ft. or 31.660 per M/Gals.
All over 10000 Cu; Ft. or 75,000 Gals. @ 18,750 per C Cu. Ft. or 25.000 per M/Gals.
Monthly minimum charges are as follows, based on size of meter installed:
Size of Minimum Per C Cu. Ft. Per M Gallons
meter charge Cu. Ft. allowed Gals, allowed
5/8" 83,50 700 500 93.320 3,750
3/4" $4.90 700 700 93.320 5,250
1" $8.40 700 1,200 93.320 9,000
1%" $15,40 700 2,200 93.320 16,500
2" $22.40 700 3,200 93.320 24,000
3" $32.60 65.20 5,000 86.920 37,500
4" $54.40 60.40 9,000 80.580 67,500
6" $93,00 54,60 17,000 72,940 127,500
8" $156.16 I . 48.80 32,000 61.460 240,000
*Multiple consumers served by a master meter are charged at 31.250 per C Cu. Ft.
or 41.660 per M/Gals. for all water consumed in excess of the minimum.
RESOLUTION NO. -2--70.1-27
• A RESOLUTION . APPROVING' AN AGREEMENT BETWEEN THE CITY OF
SALINA, KANSAS , AND THE UNITED: STATES. OF AMERICA RELATIVE TO
PROVIDING WATER SERVICE FOR SCHILLING MANOR SUB-POST. ,
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SALINA,
KANSAS : ,
Section 1 . That the proposed contract between the City of .
•.. Salina, Kansas , and the United States Government ', identified as
Contract No. DABE13-67-C=3757 relative' to the furnishing of water
service by the City of Salina, Kansas , to the Schilling Manor
Sub-Post near Salina, • Saline County , Kansas , . be and the same is
hereby approved.
Section 2 . That the City Manager and. the City Clerk be and
they are hereby authorized and directed to execute said agreement
on behalf of the City of Salina, Kansas.
Adopted by the. Board of Commissioners and approved by the
Mayor this day of October, 1966
//C.e.i-• 'ut(
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Mayor i
ATTEST:
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City .Clerk
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