Project No. 24020 Manual s
Salina
KANSAS
DEPARTMENT OF UTILITIES
PROJECT MANUAL
PROJECT NO. 24020
CLEANING THE WATER TREATMENT PLANT
SOUTH LIME LAGOON
February 2024
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UTILITIES DEPARTMENT TELEPHONE • (785) 309-5725
FAX (785) 309-5713
Martha Tasker, Director of Utilities TDD •
• (785) 309-5747
E-MAIL • martha.tasker@salina.org
300 West Ash • P.O. Box 736 Salina WEBSITE •www.salina-ks.gov
Salina, Kansas 67402-0736
March 1, 2024
Subject: Project 24020
Cleaning the Water Treatment Plant South Lime Lagoon
ADDENDUM No. 1
Dear Planholders:
The specifications and plans for the Cleaning the Water Treatment Plant South Lime Lagoon(City project 24020)
for the City of Salina, Kansas, dated February 2024, are hereby amended in the following particulars only. All
other terms and conditions remain unchanged.
PLANHOLDER QUESTIONS AND ANSWERS
The following questions have been received from planholders:
1. QUESTION: Is there any analysis of the lime sludge indicating reactivity?
ANSWER: No.
2. QUESTION: If there is no analysis would the city extend the bid date to allow for prospective bidders to
collect a sample and get lab analysis to ascertain value to the farmers?
ANSWER: No.
3. QUESTION: Would the City extend the bid date to allow for time for a site visit and compilation of costs
to produce a competitive bid?
ANSWER: No.
4. QUESTION: Would the City consider some percentage of progress billing based upon scaled tons leaving
the site?Final billing would still be off of the survey.
ANSWER: No.
5. QUESTION: Is there room onsite for a laydown area to stockpile material outside of the lagoon prior to
transporting offsite?
ANSWER: No.
Water Treatment Plante Wastewater Treatment Plant + Water Distribution ♦ Wastewater Collection
Our Mission is to provide safe,reliable,and high-quality water and wastewater systems with superior service and value.
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UTILITIES DEPARTMENT City of TELEPHONE • (785) 309-5725
fW1FAX • (785) 309-5713
Martha Tasker, Director of Utilities TDD • (785) 309-5747
E-MAIL • FAX
300 West Ash P.O. Box 736 Selina WEBSITE •www.salina-ks.gov
Salina, Kansas 67402-0736
PLANHOLDER QUESTIONS AND ANSWERS (Continued)
6. QUESTION: The term section(exhibit B) says that the contract is through the end of 2028,but the lines
below show that it can be terminated either party for the end of 2024. Is this a 1-year contract with four
(4) 1-year renewals based on mutual agreement? Or a 5-year contract with additional extensions? Or
other?
ANSWER: A 5-year contract with additional extensions. Either party can terminate the agreement with
notification as defined in subparagraphs(a)and(b).
7. QUESTION: Will revisions or additions be made to the Agreement between the City of Salina, Kansas
and the Contractor?
ANSWER: No.
8. QUESTION: Have the materials to be removed from the lagoon location been tested for the presence of
PFAS / PFOA's or other 40 CFR 503 regulated materials. Will the testing results be provider to the
bidders?
ANSWER: The materials to be removed from the lagoon have not been tested, therefore no results to
provide to bidders.
9. QUESTION: Are there scheduled testings for PFAS/PFOA's or other 40 CFR 503 regulated materials
which the City, other regulatory entities or any affiliate or contractor of the City will perform during the
duration of this agreement?
ANSWER: There are no scheduled testings planned by the City of Salina, Kansas during the duration of
the agreement.
This addendum is hereby a part of the contract documents to the same extent as though contained in the original
documents and all itemized listings thereof.
Each bidder shall acknowledge receipt of this Addendum No. 1 on the BID FORM(BF-1).
Martha A. Tasker
Director of Utilities
Project Manager
Water Treatment Plant* Wastewater Treatment Plant • Water Distribution *Wastewater Collection
Our Mission is to provide safe,reliable,and high-quality water and wastewater systems with superior service and value.
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City of
Salina
KANSAS
PROJECT NO. 24020
CLEANING THE WATER TREATMENT PLANT
SOUTH LIME LAGOON
X X X
Bill Longbine, Mayor
* * * *
COMMISSIONERS
Trent Davis
Michael L. Hoppock
Greg Lenkiewicz
Jerry Ivey II
* * * *
Michael Schrage, City Manager
Nikki Goding,City Clerk
Martha Tasker,Director of Utilities
* * * *
`+- February 2024
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City of
CITY OF SALINA
Salina REQUEST FOR BIDS
City's Project Manager:
Project No.: 24020 Martha Tasker,Director of Utilities
Project Title: CLEANING THE 300 W.Ash St.
WATER TREATMENT PLANT Salina,KS 67402-0736
SOUTH LIME LAGOON Telephone Number: (785)309-5725
Martha.Tasker@salina.org
Bid Deadline: 2:00 p.m. (CST),
March 7, 2024
1. INVITATION TO BID
1.1 The City of Salina, Kansas is seeking Bids for the furnishing of services for the purpose of
CLEANING THE WATER TREATMENT PLANT SOUTH LIME LAGOON, as are more
particularly described in the attached Agreement.
1.2 Sealed Bids will be received at the City-County Building, 300 W.Ash, Room 206, P.O. Box
736, Salina, Kansas 67402, until the above-referenced Bid submission deadline, for
furnishing services as described herein.
1.3 Submissions must be hand-delivered, or sent via return receipt delivery effected by certified
mail, priority mail, commercial courier service, overnight delivery service, or other reliable
personal delivery service to the City's above-referenced address. Facsimile or electronic
submissions will not be accepted. Submissions received after the specified time and date
will be returned unopened.
1.4 Bids will be opened publicly and read aloud at 2:00 p.m. (CST), on the above-referenced
Bid submission deadline, at the City-County Building, 300 W. Ash, Room 206, Salina,
Kansas 67401.
1.5 All questions concerning this solicitation during the bidding process shall be forwarded to
the Project Manager listed above.
2. SUMMARY OF SOLICITATION
2.1 The City of Salina Department of Utilities is requesting bids from interested parties to
furnish services related to Cleaning the Water Treatment Plant South Lime Lagoon. These
services include the removal of approximately 200,000 cubic yards of lime sludge from The
Water Treatment Plant South Lime Lagoon located at the Salina Water Treatment Plant
Lime Disposal site at 596 N. Marymount Rd., Salina, KS 67401. It is anticipated that lime
sludge generated during the term of this project will be discharged into the North Lime
Lagoon. The depth of the lime sludge is estimated at 10 feet. The City has a goal to remove
a minimum of 40,000 cubic yards of lime residuals from the South Lagoon annually over
the next five years.
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I/ 3. DEFINITIONS
3.1. Bid:A completed and properly signed response to this Request for Bids, which, if accepted
by the City,will bind the Bidder to perform the resultant Agreement.
3.2. Bidder:A person or entity that submits a Bid in response to this Request for Bids.
3.3. Bid Documents: This Request for Bids, the Agreement, and information attached hereto or
incorporated herein.
3.4. City:The City of Salina, Kansas.
3.5. Agreement: A binding legal executed Agreement between the City and the Successful
Bidder.
3.6. Deliverables: The services to be provided to the City under the executed Agreement with
the Successful Bidder.
3.7. Successful Bidder: The Bidder submitting a responsive Bid to whom the City executes an
Agreement.
4. BID SUBMISSIONS
4.1 Written Bids shall be typewritten or written in ink on the form enclosed. Officials of
411) corporations shall designate their official title; partners or sole owners shall so state, giving
the names of all interested parties. The person signing the Bid shall initial all corrections or
erasures.
4.2 Bids with all required submittals and information shall be submitted at the time and place
indicated herein, in writing, within a sealed envelope. The envelope shall be identified on
the outside with Bidder's name and address and the project number, and addressed to the
City of Salina, in care of: City Clerk, City-County Building, 300 W. Ash, Room 206, P.O.
Box 736, Salina,Kansas 67402.
4.3 Sufficiency of Documents, Interpretations,Addenda.
4.3.1. The submission of a Bid will constitute an incontrovertible representation that the
Bidder will comply with every term and condition of the Agreement and that such
documents therein are sufficient in scope and detail to indicate and convey
understanding of all requirements for furnishing the Services.
4.3.2. Any questions about the meaning or intent of the Bid Documents or requirements
must be submitted in writing to the Project Manager not less than seven (7) days
prior to the date of Bid opening. Questions thus submitted will be answered by
written addenda issued to all prospective Bidders who have obtained a copy of this
Request for Bids from the City. Oral or other interpretations or clarifications will be
void,without any legal effect, and do not bind the City.
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4.3.3. Addenda to the Request for Bids shall be properly acknowledged in the space
provided on the Bid form.
4.4 Prior to execution of the Agreement, Bidders may be required to submit evidence that they:
(a) have adequate financial and technical ability to furnish the services described in the
Agreement.
5. BID SECURITY
5.1 The City's Bid security requirements are as follows("X" indicates applicability):
Each Bidder shall submit with its Bid a certified check, cashier's check, or an acceptable
bidding bond (written on a penal sum form), in the amount of five percent (5%) of the total
amount shown on the Bid. The Bid security shall be made payable to the City and will serve
as a guarantee that the Bidder will enter into any Agreement awarded to the Bidder in
accordance with the terms of the Bid. If a Bidder fails or refuses to enter into a Agreement,or
to hold the Bid price, terms, or conditions firm, then, in addition to exercising any other
available remedy at law or in equity(including but not limited to the remedies available to the
City pursuant to Section 11 of the City's Standard Purchase Terms and Conditions attached
hereto), the City may consider the Bidder to be in default and the Bid security of that Bidder
shall be forfeited and the money derived therefrom will be turned to the use of the City. The
City may retain the security of any Bidder until sixty-one (61) days after the Bid opening, at
which time the Bid security shall be returned to all unsuccessful Bidders.
® N Bid security is not required for this project.
6. BID WITHDRAWAL
6.1 Bids may be withdrawn by notice in writing,but only if the written notice is received by the
City prior to Bid opening. Any such withdrawal notice must be delivered in the same
manner as Bids are required to be submitted. After Bid opening, Bids may not be
withdrawn and shall remain open for sixty (60) days.
7. EXECUTION OF AGREEMENT
7.1 The City reserves the right to reject any and all Bids; to waive any and all informalities; to
disregard all nonconforming, non-responsive or conditional Bids; or to accept such bids as
shall be deemed to be in the best interest of the City so to do. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be resolved in
favor of the correct sum.
7.2 Bids will be evaluated and award will be made to the lowest and best responsive and
responsible Bidder whose Bid conforms to the City's requirements, and whose Bid is
considered to be the most advantageous to the City, price and other factors considered.
Factors to be considered may include, but are not limited to, a combination of the Bidder's
past performance, amount of residuals to be removed,time, and overall value.
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8. AGREEMENT TERMS
8.1 Within ten (10) days of the City's selection of the Successful Bidder, the Successful Bidder
will enter into an Agreement with the City.
9. SUPPORTING INFORMATION
9.1 In order to evaluate bids received to perform the services outlined in the enclosed
Agreement, each Bidder submitting a response to this Request for Bid shall provide the
following background information with the bid:
9.1.1 List all equipment/vehicles to be utilized in the project.
9.1.2 Counties the lime sludge residuals will be transported to and applied in.
9.1.3 Describe your plan to remove stored lime from the storage site including stripping
and disposal of existing organic material such as the surface vegetation.
9.1.4 Describe your previous experience, if any, in the application of lime, lime sludge
residuals, or bulk materials.
9.1.5 Describe understanding of state statutes and regulations pertaining to the purchase
and use of lime sludge for intended use.
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BID FORM
TO THE BOARD OF COMMISSIONERS
CITY OF SALINA,KANSAS
Project Name: CLEANING THE WATER TREATMENT PLANT SOUTH LIME LAGOON
Project:No.: 24020
1. Proposal to Enter into Agreement. The undersigned Bidder hereby submits the
following Bid for the service described in the Agreement. Bidder proposes and agrees, if this Bid is
accepted, to furnish all services for which an Agreement is awarded, within the date(s) specified and at
the prices herein stated. Services include furnishing all equipment, labor, and materials required to
load,transport, and remove lime sludge.
2. Bidder's Acknowledgments. Bidder accepts all of the terms and conditions of the Bid
Documents and the Agreement. This Bid will remain subject to acceptance for sixty(60) days after the
Bid opening, or for such longer period of time that Bidder may agree to in writing upon request by the
City.
3. Bidder's Representations. In submitting this Bid, Bidder represents that:
a. Bidder has carefully reviewed the Bid Documents, and the following addenda,
receipt of which is hereby acknowledged:
1.
2.
3.
b. Bidder understands and agrees that in signing this Bid, Bidder waives all rights to
plead any misunderstanding regarding the Bid Documents or the above-referenced
addenda.
c. Bidder has given the Project Manager written notice of all conflicts, errors,
ambiguities, or discrepancies that Bidder has discovered in the Bid Documents, and
the Project Manager's written explanation is acceptable to Bidder.
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4. Bid Price. Bidder will provide the services in accordance with the Bid Documents, for
the following prices:
Item Unit Price Total
Description Quantity
No. (Per Cubic Yard) (for 40,000 Cubic Yards)
1 Lime Sludge 40,000 $ $
Removal(1) Cubic Yards
(a) Anticipate removal of 40,000 cubic yards per year for five (5)years.
Total for Five Years
(Approximately 200,000 Cubic Yards) $
5. Delivery Date; Delivery Charges. Bidder represents and warrants that, if this Bid is
accepted, Bidder will provide all related services by December 31,2028.
6. Definitions. Terms used in this Bid shall have the meanings assigned to them in the Bid
Documents.
7. Business Designation. Bidder represents that its business designation is as follows
Cb. (check one):
Individual/Sole Proprietorship ❑
Partnership ❑
Kansas Corporation ❑
Kansas Limited Liability Company
Corporation*
Limited Liability Company* n
Other: ❑
*Please indicate the state in which entity is organized
8. Bid Enclosures. Bidder has included with this Bid submittal:
(items marked with an"X"must be enclosed)
Supporting Information
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NAME OF BIDDER:
ADDRESS:
E-MAIL ADDRESS:
BY:
TITLE:
DATE SUBMITTED:
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AGREEMENT BETWEEN THE CITY OF SALINA,KANSAS
and
for
CLEANING THE WATER TREATMENT PLANT SOUTH LIME LAGOON
This Agreement is entered into ,2024 by and between the City of Salina,Kansas,(the"City")
and ,a (the"Contractor").
Recitals
A. The City desires to contract for the purpose of Cleaning the Water Treatment Plant South Lime Lagoon in compliance
with federal,state,and local regulations.
B. The Contractor has the requisite qualifications and experience to perform the services needed by the City and desires
to perform those services pursuant to the terms of this Agreement.
The parties,in consideration of the mutual promises set forth in this Agreement,agree and covenant:
1. Definitions. Capitalized words used in this Agreement shall have the following meanings:
"Agreement"means this Agreement for Cleaning the Water Treatment Plant South Lime Lagoon,as amended and
supplemented from time to time.
"City"means the City of Salina,Kansas.
"Contractor"means and its successors.
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2. Exhibits. The following Exhibits are attached to and made a part of this Agreement(Mark with"X"if applicable):
Exhibit A:Responsibilities of the Parties
Exhibit B:Term;Schedule
Exhibit C:Basis of Payment
Exhibit D:Insurance Requirements
3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and
incorporated Exhibit A.
4. Term;Schedule. The Contractor agrees to perform its responsibilities during the term and according to the timeframe
and schedule described in Exhibit B,subject to the potential for prior termination pursuant to the terms of this Agreement.
5. Payment. The City shall pay the Contractor for the performance of its responsibilities pursuant to this Agreement as
set forth in Exhibit C.
6. Insurance Requirements.
6.1. Types and Amount of Coverage.The Contractor agrees to obtain insurance coverage as specified in Exhibit
D,attached hereto,and shall not make any material modification or change from these specifications without the prior approval
of the City. If the Contractor subcontracts any of its obligations under this Agreement,the Contractor shall require each such
subcontractor to obtain insurance coverage as specified in Exhibit D. Failure of the Contractor or its subcontractors to comply
with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the
Contractor of liability.
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6.2. Rating.All insurance policies shall be issued by insurance companies rated no less than A-VII in the most
recent"Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in Exhibit D, all such
policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance
involved.
6.3. Certificate of Insurance. The parties acknowledge that the Contractor has provided the City with a certificate
of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this
Agreement. The City reserves the right to require complete certified copies of all insurance policies procured by the Contractor
pursuant to this Agreement,including any and all endorsements affecting the coverage required hereunder.
7. Injury to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to person(s)
or damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall
immediately notify the City's Risk Management Department at (785) 309-5705 in the event of such injury to person(s) or
damage to property.
8. Indemnification. To the fullest extent permitted by law,the Contractor shall defend, indemnify and hold harmless
the City,its agents,representatives,officers,officials and employees from and against all claims,damages,losses and expenses
(including but not limited to attorney fees and court costs)attributable to bodily injury,sickness,disease,death,or injury to,
impairment,or destruction of property,including loss of use resulting therefrom,to the extent that such claims,damages,losses,
and expenses relate to,arise out of,or are alleged to have resulted from the wrongful acts,negligent acts,errors,omissions,or
defective work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this
Agreement.
9. Voluntary Termination. Either party may terminate this Agreement,with or without cause,upon thirty (30) days
advance written notice to the other party. In the event of such termination, the Contractor shall be compensated for such
services as have been satisfactorily performed through the date of termination,but no compensation shall be earned after the
effective date of the termination.Within five(5)days of any such termination,all finished or unfinished documents,data,studies,
surveys,drawings,maps,models,photographs,reports or other material prepared by the Contractor pursuant to this Agreement
shall be delivered to the City.Notwithstanding the above,the Contractor shall not be relieved of any liability to the City for damages
sustained by the City by virtue of any breach of this Agreement by the Contractor,and the City may withhold any payments to the
Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor may be
determined.
10. Default. If either party fails to comply with any term of this Agreement within ten(10)days after written notice to
comply has been mailed by the non-defaulting party to the defaulting party,such failure shall be deemed an immediate breach
of this Agreement("Event of Default").
11. Remedies. Upon the occurrence of an Event of Default,the non-defaulting party shall have the following rights and
remedies,in addition to any other rights and remedies provided under this Agreement or by law:
11.1 Termination. The non-defaulting party shall have the right to terminate this Agreement or terminate the
defaulting party's rights under this Agreement.
11.2 Other Remedies.The non-defaulting party may pursue any available remedy at law or in equity(including
specific performance)by suit,action,mandamus or other proceeding to enforce and compel the performance of the duties and
obligations set forth in this Agreement,to enforce or preserve any other rights or interests of the non-defaulting party under
this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non-defaulting party
resulting from such Event of Default.
12. Non-Assignable. Due to the unique qualifications and capabilities of the Contractor,neither the rights nor responsibilities
provided for under this Agreement shall be assignable by either party,either in whole or in part.
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13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered
personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial
courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt,
but if the receipt is not returned within five(5)days,then three(3) days after mailed, if sent by registered or certified mail or
commercial courier service; or the next business day, if sent by overnight air courier service. Notices shall be addressed as
appears below for each party,provided that if any party gives notice of a change of name or address,notices to the giver of that
notice shall thereafter be given as demanded in that notice.
CITY: City of Salina,Kansas
Attn:Martha Tasker
P.O.Box 736
Salina,KS 67402-0736
CONTRACTOR:
14. Retention and Inspection of Records. The Contractor shall maintain complete, accurate, and clearly identifiable
records with respect to all costs and expenses incurred under this Agreement. The records shall be maintained during the term
of this Agreement, and for a period of three (3)years from the date of final payment under this Agreement (the "Retention
Period");provided,however,that if any litigation,claim or audit is commenced prior to the expiration of the Retention Period,
then the Retention Period shall be extended until all litigation, claims or audit findings have been completely terminated or
resolved,without right of further appeal. During the Retention Period,the Contractor shall allow a representative of the City
during normal business hours to examine,audit,and make transcripts or copies of such records and any other documents created
pursuant to,or arising under,this Agreement. The City agrees to responsibly utilize all information obtained pursuant to this
paragraph for the purposes of reviewing, confirming, and verifying the nature and amount of all costs and expenses incurred
111;) under this Agreement. The City agrees to take reasonable precautions not to disclose such information outside the scope of
those stated purposes,subject to the Kansas open records act or other applicable law.
15. Non-appropriation. The City is subject to Kansas budget and cash basis laws,and operates on a calendar fiscal year.
In the event that this Agreement involves financial obligations spanning multiple fiscal years for the City,it is subject to annual
appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds
necessary to fulfill the City's financial obligations pursuant to this Agreement,the City shall so notify the other parties to this
Agreement and this Agreement shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing
body not to appropriate.
16. Relationship. It is expressly understood that Contractor in performing services under this Agreement,does so as an
independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Contractor
performs its responsibilities as outlined in Exhibit A. The sole interest and responsibility of the City is to see that the services
covered by this Agreement are performed and rendered in a competent,efficient,and satisfactory manner. Contractor shall be
exclusively responsible for all taxes, withholding payments, employment-based benefits, deferred compensation plans,
including but not limited to its workers compensation and social security obligations,and the filing of all necessary documents,
forms,or returns pertinent to the foregoing.
17. Subcontracting. Contractor shall not subcontract any work or services under this Agreement without the City's prior
written consent.
18. Compliance with Applicable Law.
Contractor shall comply with all applicable federal,state,and local law in the performance of this Agreement.
19. Equal Opportunity.
(a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and its
subcontractors,if any,agree that:
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• (1) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina
Code and in doing so shall not discriminate against any person in the performance of work under this Agreement
because of race,sex,religion,age,color,national origin,ancestry or disability;
(2) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity
employer,"or a similar phrase to be approved by the City's human relations director;
(3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights
commission in accordance with the provisions of K.S.A.44-1031 and amendments thereto,the Contractor shall be
deemed to have breached this Agreement and it may be canceled,terminated or suspended,in whole or in part,by
the City;
(4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against
discrimination under a decision or order of the Salina human relations commission or the Kansas human rights
commission which has become final,the Contractor shall be deemed to have breached this Agreement and it may
be canceled,terminated or suspended,in whole or in part,by the City;
(5) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this
Agreement because of race,sex,religion,age,color,national origin,ancestry or disability;and
(6) The Contractor shall include similar provisions in any subcontract under this Agreement.
(b) The provisions of this section shall not apply to this Agreement if the Contractor:
(1) Employs fewer than four employees during the term of this Agreement;or
(2) Contracts with the City for cumulatively$5,000 or less during the City's calendar fiscal year.
ti)
20. Administration of Agreement. All references in this Agreement requiring the City's participation or approval shall mean
the participation or approval of the City Manager or his designee,unless otherwise provided herein.
21. Attorney Fees. If any suit or action is instituted by either party hereunder,including all appeals,the prevailing party in
such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party,in addition to
any other amounts to which it may be entitled.
22. Right to Independent Legal Advice. The Contractor understands and acknowledges the right to have this Agreement
reviewed by legal counsel of the Contractor's choice.
23. Applicable Law;Venue. This Agreement and its validity,construction and performance shall be governed by the laws
of Kansas. In the event of any legal action to enforce or interpret this Agreement,the sole and exclusive venue shall be in the Saline
County,Kansas District Court.
24. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any
party.
25. Time. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed by the parties.
Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m.of the next full business day.
26. Severability. The unenforceability,invalidity,or illegality of any provision of this Agreement shall not render the other
provisions unenforceable,invalid,or illegal.
27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement
has full and legal authority to bind such party to the terms of this Agreement, and that the execution and delivery of this
Agreement have been duly and validly authorized by the governing body of each party.
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28. Persons Bound. This Agreement shall extend to and bind the heirs,executors,administrators,trustees,successors and
authorized assigns of the parties hereto.
29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an
original,or in multiple originals,and all such counterparts or originals shall for all purposes constitute one agreement.
30. Amendments.Neither this Agreement nor any of its terms may be changed or modified,waived,or terminated except by
an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change,waiver,
or termination is sought.
31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to
exercise any right or remedy consequent to a breach thereof,shall constitute a waiver of any breach or any subsequent breach of
such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement,but each and every term
of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof.
32. Conflict Resolution. No interpretation of this Agreement shall be allowed to fmd the City has agreed to binding
arbitration.
33. No Third Party Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims under this
Agreement. There are no intended third party beneficiaries under this Agreement,and no third parties shall have any rights or make
any claims hereunder.
34. Typewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached,and initialed by
all parties,shall supersede all conflicting printed provisions.
35. Feminine-Masculine,Singular-Plural. Wherever used,singular shall include the plural,plural the singular,and use of
® any gender shall include all genders.
36. Headings. The headings of the sections of this Agreement are included for the purposes of convenience only and
shall not affect the interpretation of any provision hereof.
37. Merger Clause. These terms are intended by the parties as a complete, conclusive and final expression of all the
conditions of their Agreement. No other promises, statements, warranties, agreements or understandings,oral or written,made
before or at the signing thereof,shall be binding unless in writing and signed by all parties and attached hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized
representatives.
CITY OF SALINA,KANSAS <CONTRACTOR>
By:
By:
Michael D.Schrage,City Manager (name)
(title)
Attest:
Nikki Goding,City Clerk
Form:
Legal Counsel
C
Contractor Service(2014-06-18) A-5
® EXHIBIT A
RESPONSIBILITIES OF THE PARTIES
CLEANING THE WATER TREATMENT PLANT SOUTH LIME LAGOON
DESCRIPTION
The Services include the removal of the lime sludge from the Water Treatment Plant Lime Sludge Disposal
site at 596 N.Marymount Road,Salina,KS 67401.The South Lime Lagoon currently contains approximately
200,000 cubic yards of lime sludge and vegetative mass.
The City of Salina as the "preparer" of the lime sludge, owns the Lime Lagoons (the"Facility"), which are
used for storing Lime Sludge.
The Contractor,as the"lime sludge transporter"operates as a distributer,removing lime sludge residuals and
marketing the product to an end-user. Contractor shall bear responsibility for maintaining active registration
of pit as necessary to comply with regulatory and all applicable requirements throughout the term of the
Agreement. Contractor is to have knowledge of these requirements prior to a bid submission.
CONTRACTOR SHALL BE RESPONSIBLE FOR THE FOLLOWING:
1. Overall Management. Provide the necessary management services to safely remove, store and
transport lime sludge residuals.Contractor shall keep lagoon free of noxious weeds. Contractor shall
be responsible for any NPDES discharge from site that is in association with work activities.Site shall
be restored to pre-existing condition prior to completion of work.
2. Lime Sludge Removal, Loading and Transport. Provide the necessary labor and equipment to
efficiently and safely remove, store and transport lime sludge residuals.
The vehicles utilized for the transportation of lime sludge residuals shall not leak material to the
outside.Clean any product off tires,trailer,truck and any other equipment prior to leaving the Facility
and prior to leaving the application site to eliminate tracking/spillage of lime sludge residuals, etc.
onto public roadways.Abide by all local laws,regulations and ordinances, including but not limited
to, weight and speed limits on roadways and bridges.All drivers transporting Lime sludge residuals
shall have a valid commercial driver's licenses (CDL) unless specifically exempt from the CDL
requirements.
3. Facility Maintenance. Maintain the dikes and roadways in sound condition and provide erosion
control BMP's as necessary for stormwater runoff.
4. Determination of Quantity Removed. Provide to the City, copies of log sheets which detail the
following:dates of lime sludge residual removal;cubic yards of lime sludge residuals;and the amount
lime sludge in storage off-site.
5. Lime Sludge Residuals — End Use. Provide labor, equipment and management to properly
41) dispose/use the lime sludge residuals in accordance with all applicableRegulations.
EA-1
6. Periodic Reports. Provide monthly reports to the City including: dates of lime sludge residual
removal; cubic yards of lime sludge residuals;and the amount lime sludge in storage off-site.
7. Review of Operations. Allow City to inspect any and all proposed sites used for the screening and
storage of lime sludge residuals. Contractor's operation will be stopped any time that Contractor's
actions are not in compliance with the requirements of the agreement.
8. Emergency Response. In the event of a spill or regulatory problem involving lime sludge residuals
from the City, Contractor shall promptly notify the City. If such events are attributed to Contractor,
Contractor shall provide for the prompt cleanup of any spill utilizing Contractor's equipment or shall
reimburse the City for any costs of cleaning up spills,which at the City's option, are cleaned up by
the City.
9. Survey Quantities. The Contractor shall provide an initial topographical survey an annual
topographical survey completed by a licensed land surveyor. The surveyor shall calculate earthwork
quantities on an annual basis for verification of volume removed. Survey AutoCAD files including
contours on 0.5-ft intervals shall be supplied to the City after completion of topographical survey.
CITY SHALL BE RESPONSIBLE FOR THE FOLLOWING:
1. Ingress and Egress. Provide ingress and egress to Contractor to facilitate the removal of lime sludge
11) residuals from the Facility,including access gates and roadways.
2. Relative Knowledge. Provide available information to Contractor relative to the generation and
composition of the lime sludge residuals.The City also agrees to provide to the Contractor copies of
all permits,approvals,or other information obtained from regulatory agencies applicable to the scope
of work contemplated herein.
EA-2
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EXHIBIT B
TERM; SCHEDULE
CLEANING THE WATER TREATMENT PLANT SOUTH LIME LAGOON
TERM.
This Agreement shall be for an initial term beginning ,2024,and ending
December 31,2028.Thereafter,this Agreement will automatically renew for sequential one-year renewal
terms,which shall be deemed a continuation of this Agreement on the same terms and conditions, unless:
(a) Either party notifies the other party on or before July 1, 2024 of its intent to terminate the
Agreement effective upon the December 31, 2024 expiration of the initial term; or
(b) Either party notifies the other party on or before July 1' of any renewal term of its intent to
terminate the Agreement effective upon the December 31'expiration of the renewal term.
•
EB-1
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ID EXHIBIT C
BASIS OF PAYMENT
CLEANING THE WATER TREATMENT PLANT SOUTH LIME LAGOON
Payment will be made at the approved Unit Price per Cubic Yard listed in the attached Bid Form. The
Contractor shall bear all costs and responsibility in connection with furnishing all labor, equipment,
permitting,and material necessary to complete scope of work.
Following completion of a field survey, annual payment will be within 30 days following (delivery of a
written invoice). The City agrees that the agreed upon annual payment shall be adjusted by the Consumer
Price Index(Midwest Urban,Size D areas—previous year)at the beginning of each calendar year to allow for
projected increases in labor costs, fuel costs,transportation costs,management costs and other related costs
involved in the transportation and disposal/use of the lime sludge by the Contractor.
The Agreement is subject to renegotiation if the Regulations or Plant Technology/Processes change during
the term of this Agreement, so as to materially affect either party's performance of the Agreement. If the
Agreement is not renegotiated to the acceptance of either the City or Contractor, either party may elect to
terminate this Agreement following 30 days written notice of said termination.
S
EC-1
EXHIBIT D
INSURANCE REQUIREMENTS
(Construction Services)
Pursuant to Section 6 of the Agreement,the Contractor shall obtain,pay for,and maintain—and shall require
each of its authorized subcontractors to obtain and maintain—for the duration of the Agreement,policies of
insurance meeting the following requirements:
1. General Requirements.
A. Additional Insured. With the exception of any workers' compensation and professional
liability policies to be obtained by the Contractor hereunder, all policies shall name the City of Salina
("City"),its agents,representatives,officers,officials, and employees as additional insured(s). Insurance
for the additional insured shall extend to Products/Completed Operations and be as broad as the insurance
for the named insured, including defense expense coverage, and,with respect to the commercial general
liability policy required hereunder,shall be endorsed to apply as primary and non-contributory insurance
before any other insurance or self-insurance, including any deductible, maintained by, or provided to,
the additional insured(s).
B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of
subrogation in favor of the City, its agents, representatives, officers, officials, and employees.
• C. Claims Made Policies. If coverage is written on a claims-made basis for any of the
policies required by this Agreement, the Contractor must maintain the coverage for a minimum of two
(2) years from the date of final completion of all work under the Agreement.
D. Premium and Deductible Expenses.The Contractor shall be responsible for all premiums
and retention or deductible expense for any and all policies required by this Agreement.
2. Specific Coverage Requirements.
A. Commercial General Liability ("CGL"). The Contractor shall maintain CGL coverage
written on ISO Occurrence form CG00 01 or an industry equivalent and shall cover liability arising from
Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Products and Completed
Operations, Contractual Liability, Independent Contractors and Advertising Injury. The policy limits
shall not be less than the following:
• Each occurrence $1,000,000
• General aggregate $2,000,000
• Personal and Advertising Liability $1,000,000
The policy shall contain an endorsement that modifies the general aggregate to apply separately
to each project.The Contractor shall maintain the Products and Completed Operations liability coverage
for a period of at least two (2) years after completion of all work under the Agreement.
•
Revised 1-11-18 ED-1
® B. Business Automobile Liability ("BAL"). The Contractor shall maintain BAL coverage
written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and
other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the
Contractor and include automobiles not owned by but used on behalf of the Contractor.The BAL policy
limits shall not be less than the following:
• Combined single limit $1,000,000
C. Workers' Compensation/Employer's Liability. The Contractor shall maintain workers'
compensation and employer's liability coverage with policy limits not less than the following:
• Workers' Compensation(Coverage Part A)
o Statutory
• Employer's Liability(Coverage Part B)
o $100,000 each accident
o $500,000 disease—policy limit
o $100,000 disease—each employee
C
C
Revised 1-11-18 ED-2
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North St UTILITIES DEPARTMENT
— -*�,
I - 10121/2015
Vi-
LEGEND
4r ,- "4, - — — — Sludge Line
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{'���FI I I I n•. 't' EXISTING DESCRIPTION
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P• A>:.. /IIIIIIl�IIII I II TREES
/ 1 I TEST TEST TEST TEST TEST TEST ELENA iI ON
II �i j1•a ' i
I' N E HOLE MOLE ROLE ROSE NOl�S ''II ` INO_I NO_2 NO_3 MO_4 MO_5 NO_6 1215
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LEGEND
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ITEM: 'p"CUT IN NE CORNER OF
II I ,,,c I SIDEWALK AROUND P10 BLDG.
NO.2 AT SEWAGE TREATMENT
.° PLANT ELEV. 1217.38
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NOTE: RELOCATE ALL EXIST- PROPERTY , E REGRADE IRON TOE OF SLOPE
IXG TELEPHONE POLES LINE Ij III TO DITCH ON EAST SIDE OF
TO SOUTH SIDE OF
• 1 ROAD TO PERMIT DRAINAGE
III ROAD FROM THIS 1 IIII'�
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1 II (•�• iI II(ILII-I I11 I RELOCATE DIMING FENCE
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ro�i,I, 11 CUT OFR COLLAR N 1 III III! ( �1 DRAIN PIPE.APPROX. SAL INA, KANSAS
VALVE MANHOLE III;IIIl il_ _III STA
BO' L6. RATER TREATMENT PLANT
SEE SHEET NO.211
I ,' • IIP+ 00 3i,��_iki SLUDGE DISPOSAL FACILITIES
I1J \ . / I) �1':I I) ®/ I-MS SLOPE SLUDGE LAGOONS
I .� \_ �' ..,..ria.:jIIIIIOIIIS. `` LAYOUT.E GRADING PLANT
11 > I I f• YY linnit �-� -N'—� ._ —HATCH EXISTING ASPHALT ROADWAY
n�I /I__—___---,—_—,. ..---\.__-'79...
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/ ORAMN
NNW ` ) �i� \_ `_ I'-- J GG OI Z DATE:
?�__. _ _ =�" �/ s. JULY 197E
( T-1L _ I 1 1 I = ILSON
r.� r� r ___ TCOMPANY FILE: 73-1378
///v—� ` ,�"-Y1-111 (� ENGINEERS
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EXHIBIT 1
LABORATORY TEST RESULTS
PROJECT NAME: Sludge Bin Testing
PROJECT NUMBER: E14T0931
*Ilv -
DATE:
4-22-14
NOTES: KAW VALLEY ENGINEERING
SAMPLE MOISTURE DRY UNIT UNCONFINED ATTERBURG LIMITS
BORING# DEPTH COMPRESSION
TYPE CONTENT(%) WEIGHT(pcf) (PSF)
LL PL PI
B-1 6ft TW 78.1 51.9
8ft TW 87.6 50.1
B-2 6ft TW 85.3 52.4
8ft TW 87.5 48.4
B-3 6ft TW 75.2 55.2
8ft TW 22.5 102.8
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