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Agreement for WTP South Lime Lagoon Cleaning AGREEMENT BETWEEN THE CITY OF SALINA,KANSAS and PUMPHREY TRUCKING,LLC for CLEANING THE WATER TREATMENT PLANT SOUTH LIME LAGOON This Agreement is entered into April 24 , 2024 by and between the City of Salina,Kansas, (the "City") and Pumphrey Trucking,LLC,a Kansas Limited Liability Company(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 Pumphrey Trucking,LLC and its successors. 2. Exhibits. The following Exhibits are attached to and made a part of this Agreement(Mark with"X"if applicable): Exhibit A:Responsibilities of the Parties VI 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. Contractor Service(2014-06-18) A-1 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. Contractor Service(2014-06-18) A-2 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: Pumphrey Trucking,LLC 1873 190th Rd. Mankato,KS 66956 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 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: Contractor Service(2014-06-18) A-3 (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. 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. Contractor Service(2014-06-18) A-4 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 S• I j KAN •.. PUMPHREY TRUC G,LLC 1lii1�,� By: Mi "LP- ..e,City Manager 14 ✓►ery✓ (name) (title) Attest: �.- ,'4 I f Nikki Goding,City Clerk 4 /41'x•, Form: `t i ,`�-- Lel... 'tins", 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 dispose/use the lime sludge residuals in accordance with all applicable Regulations. 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 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 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. A ppF,'pVA% /6/0 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. Revised 2.14.24 BF-1 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 $ 3512 $ NO 000 Removal(') Cubic Yards pl Anticipate removal of 40,000 cubic yards per year for five (5)years. Total for Five Years (Approximately 200,000 Cubic Yards) $ 700, 000 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 (check one): 1 Individual/Sole Proprietorship 1 Partnership Kansas Corporation Kansas Limited Liability Company Corporation* Limited Liability Company* X 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 is Revised 2.14.24 BF-2 is I NAME OF BIDDER: ii;:eMpLnr Tv.V4A 4L,C. ADDRESS: i g.7 3 /5o R J /140./ 0 , l ‘0C‘ E-MAIL ADDRESS: i,,� yah 00, nor j v�p ey 5 @BY: 7" e" ��l/ TITLE: ,,,c DATE SUBMITTED: 3 7- 2 c/ is Revised 2.14.24 BF-3 EXHIBIT B TERM; SCHEDULE CLEANING THE WATER TREATMENT PLANT SOUTH LIME LAGOON TERM. This Agreement shall be for an initial term beginning April 24 , 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 1St of any renewal term of its intent to terminate the Agreement effective upon the December 31St expiration of the renewal term. EB-1 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. 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 Revised 1-11-18 ED-2 ACORD DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 03/05/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME:Progressive Commercial Lines Customer and Agent Servicing Kallman Insurance Services,LLC PHONE FAX PO BOX 8,BELLEVILLE,KS 66935 (A/C,No,Ext):1-800-444-4487 (A/C,No): E-MAIL ADDRESS:progressivecommercial@email.progressive.com INSURER(S)AFFORDING COVERAGE NAIC/1 INSURER A: United Financial Casualty Company 11770 INSURED INSURER B: PUMPHREY TRUCKING LLC 1681 0 AVE INSURER C: MANKATO,KS 66956 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 727369394092360737D030524T175734 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE I I OCCUR PREMISESO(Ea RENTED ence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- PRODUCTS-COMP/OP AGG $ POLICY JECT LOC OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT U (Ea accident) $1,000,000 ANY AUTO _ BODILY INJURY(Per person) $ A _AOUTOS ONLY X SCHEDULED Y Y 04061405 09/17/2023 09/17/2024 BODILY INJURY(Per accident) $ AUTOS ONLY NON-OWNEDU (ier accit en rMAGE er accident) $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE EXCESS LIAR CLAIMS-MADE $ DED RETENTION$ WORKERS COMPENSATION Y/N STApER TUTE_ FRH AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE n N/A E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? f I (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE$ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ See ACORD 101 for additional coverage details. $ A Y Y 04061405 09/17/2023 09/17/2024 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may he attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Salina ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 736 Salina,KS 67402-0736 AUTHORIZED REPRESENTATIVE #14144 4 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) A4uf o The ACORD name and logo are registered marks of ACORD �)5 q j q I a4 AGENCY CUSTOMER ID: �„� LOC#: ACORD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Kallman Insurance Services,LLC PUMPHREY TRUCKING LLC POLICY NUMBER 1681 0 AVE MANKATO,KS 66956 04061405 CARRIER NAIC CODE United Financial Casualty Company 11770 EFFECTIVE DATE:09/17/2023 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Additional Coverages Insurance coverage(s) Limits Motor Truck Cargo $25,000 w/$1,000 Ded Personal Injury Protection Medical Expense of$4,500 Uninsured/Underinsured Motorist $1,000,000 Combined Single Limit Description of LocationNehicles/Special Items Scheduled autos only 2013 SMITH CO Trailer 1S9SS4439DL476810 Collision $1,000 Ded Comprehensive $1,000 Ded 1988 PETERBILT 377 1XPCD29X2JD260082 Collision $1,000 Ded Comprehensive $1,000 Ded Liability coverage may not apply to all scheduled vehicles. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AC R INSURANCE BINDER DATE(MMIDD/YYYY) �-- ' 03/07/2024 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON PAGE 2 OF THIS FORM. AGENCY COMPANY BINDER# Mahin Insurance KS Assigned Risk Pool/Travelers p PO Box 86 DATE EFFECTIVE TIME DATE EXPIRATION TIME Munden, KS 66959 X AM X 12:01 Ana 03/07/2024 12:01 — PM 03/07/2025 NOON PHONE (A/C,No,Ext):785-648-0178 FAX 785-378-8434 (A1C,No): THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: SUB CODE: PER EXPIRING POLICY It: AGENCY CUSTOMER ID: DESCRIPTION OF OPERATIONS!VEHICLES/PROPERTY(Including Location) INSURED AND MAILING ADDRESS 1681 0 Ave Pumphrey Trucking, LLC Mankato, KS 66956 1681 O Ave Mankato, KS 66956 COVERAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS% AMOUNT PROPERTY CAUSES OF LOSS BASIC BROAD X SPEC � GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES _ $ CLAIMS MADE OCCUR MED EXP(Any one person) S PERSONAL&ADV INJURY $ GENERAL AGGREGATE S RETRO DATE FOR CLAIMS MADE: PRODUCTS-COMP/OP AGG b VEHICLE LIABILITY COMBINED SINGLE LIMIT _ S ANY AUTO BODILY INJURY(Per person) _ $ _ OWNED AUTOS ONLY BODILY INJURY(Per accident)_ $ SCHEDULED AUTOS PROPERTY DAMAGE S HIRED AUTOS ONLY MEDICAL PAYMENTS _ $ _ NON-OWNED AUTOS ONLY PERSONAL INJURY PROT S UNINSURED MOTORIST $ $ VEHICLE PHYSICAL DAMAGE DED ALL VEHICLES _SCHEDULED VEHICLES ACTUAL CASH VALUE _ COLLISION: ,STATED AMOUNT $ OTHER THAN COL: GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: _ EACH ACCIDENT $ _ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE _ $ 7 UMBRELLA FORM AGGREGATE _ $ 7 OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION $ $500,000/$500,000/$500,000 PER STATUTE WORKER'S COMPENSATIONE.L.EACH ACCIDENT $500,000 AND EMPLOYER'S LIABILITY E.L.DISEASE-EA EMPLOYEE $500,000 E.L.DISEASE-POLICY LIMIT $500,000 SPECIAL FEES S CONDITIONS/ OTHER TAXES b COVERAGES ESTIMATED TOTAL PREMIUM $3187.00 NAME&ADDRESS X ADDITIONAL INSURED LOSS PAYEE MORTGAGEE City of Salina LENDER'S LOSS PAYABLE PO Box 736 LOAN#: Salina, KS 67401 AUTHORIZED REPRESENTATIVE Page 1 of 2 ©1993-2016 ACORD CORPORATION. All rights reserved. ACORD 75(2016/03) The ACORD name and logo are registered marks of ACORD wv�tx eornP _ to`5 LI I igr167?-4'1 AGENCY CUSTOMER ID: 102325 CONDITIONS This Company binds the kind(s)of insurance stipulated on page 1 of this form. The Insurance is subject to the terms, conditions and limitations of the policy(ies)in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective.This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions.This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy,the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in Arizona Binders are effective for no more than ninety(90)days. Applicable in California When this form is used to provide insurance in the amount of one million dollars($1,000,000)or more,the title of the form is changed from"Insurance Binder"to"Cover Note". Applicable in Colorado With respect to binders issued to renters of residential premises, home owners, condo unit owners and mobile home owners, the insurer has thirty (30) business days, commencing from the effective date of coverage, to evaluate the issuance of the insurance policy. Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by:the name and address of the borrower;the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancellation at least ten(10)days prior to the cancellation;except in the case of a renewal of a policy subsequent to the closing of the loan,a paid receipt of the full amount of the applicable premium,and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance,the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Maryland The insurer has 45 business days, commencing from the effective date of coverage to confirm eligibility for coverage under the insurance policy. Applicable in Michigan The policy may be cancelled at any time at the request of the insured. Applicable in Montana No binder shall be valid beyond the issuance of the policy with respect to which it was given or beyond 90 days from its effective date, whichever period is the shorter. If the policy has not been issued,a binder may be extended or renewed beyond such 90 days with the written approval of the insurer. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A)Shall be fined not more than $500.00, and (B)is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. Applicable in Oklahoma All policies shall expire at 12:01 a.m.standard time on the expiration date stated in the policy. Applicable in Oregon Binders are effective for no more than ninety(90)days. A binder extension or renewal beyond such 90 days would require the written approval by the Director of the Department of Consumer and Business Services. Applicable in the Virgin Islands This binder is effective for only ninety (90)days. Within thirty (30) days of receipt of this binder, you should request an insurance policy or certificate(if applicable)from your agent and/or insurance company. ACORD 75(2016(03) Page 2 of 2 PUMPTRU-01 TBURCHAM C.CIPfzCP CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) 41/191219/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Farmers Union Midwest Agency PHONEFAX 8251 Northwoods Dr.Suite B (A/C,No,Ext):(402)483-1045 I(A/C,No):(402)483-0648 Lincoln,NE 68505 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Secura 22543 INSURED INSURER B: Pumphrey Trucking,LLC INSURER C: 1873 190 Rd INSURER D: Mankato,KS 66956 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LTR INSD WVD IMM/DD/YYYYI IMM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X CP3380983 1/19/2024 1/19/2025 PREM SESOa occur encs) $ 100,000 MED EXP(Any one person) $ 10'000 PERSONAL 8 ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ 2,000,000 X POLICY PRO- LOC 2,000,000 JECT PRODUCTS-COMP/OP A GG $ OTHER:General Aggregate $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY _ AUTOS BODILY INJURY(Per accident) $ HIRED NON-AWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER 0TH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Salina is listed as additional insured with respects tothe General Liability coverage.Wavier of Subrogation also applies to the General Liability Coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Salina THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 300 W Ash ST Salina,KS 67401 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD J I C7