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schilling manor water/sewerAi.RGI-P DEPARTMENT OF THE ARMY - HEADQUARTERS FORT RILEY FORT RILEY, KANSAS 66442 8 March 190 City Al 581108 Gentlemen: Attached is your copy of Contract Number MlA9tlj.Bj.+Gr��56 ModMaition No. OW Please acknowledge receipt, as Indicated below, and return this letter . to Purchasing and Contracting Division, Bldg #1179, Fort Riley, Kansas 66442. Sincerely, IL be � 1 Incl NEW WORM as Rostr+l 109 OP IMI* RECEIPT ACKNOWLEDGED: Signature (Title/Pos ion FR 29 NOV 67 FL 76 (REVISED) —G 8' Date GENERAL SERVICESADMINISTRATION AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT PAGE OF 1 1 -FED: PROC. EG. (dl CFR) 1-16.101 1. AMENDMENT/MODIFICATION NO. 2. EFFECTIVE DATE 3. REQUWION/PIRIOIASE REQUEST NO. �. PROJECT NO. (JJ.pp/it.Me) S. %SUED'BY CODE 1 6. ADMINISTERED 8Y (IJ ether than bbrk fl CODE trurd wstag and Contracting 0triston tbst ftlaeev Building In 011111111101 187 tart Ittlay. hawses "11" ftrt RIIeT. 1 "W4 7. CONTRACTOR CODE I FACILITY CODE e. NAME AND ADDRESS AMENDMENT OF E] SOLICITATION NO. rr 1 City of Sallow DATED (ser Hock 9) (Sa nowly, dry, . d ZI`mM. Sallsty ttandtaf JCO�NFR�ACT//OORDE Np."111113414--M Cade/ LJ d, DATED TN,t� (Ste block 11) 9. THIS BLOCK APPLIES ONLY TO AMENDMENTS OF SOLICITATIONS ❑ The above ase band sand. W is anwded as M forth in blah 12. The hour oed data specified Far receipt of Offers ❑' b aaMdd, 134 ant extended. Offess, map acknowledge reesip, of this amsndtscet prim to the hour and claw spedfld'm ft arliaiMion, or an a,sanded, by fere of the fallowirp ,nelhds: (a) By dgning and returning -pin of Mis a,nordmant; (b) By achnowledging receipt of this amendment on each cagy of the offer submitted; or (c) By soparMa letter ce wlegrom which includes a reMance to me solicitation and otsendment numbers. FAILURE OF YOUR ACKOWLEDGMENT TO BE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR AND DATE SPECIFIED My RESULT IN REJECTION OF YOUR OFFER. If, by rides of mi. IntendmM you desire to ehnge an offer already submitted, Inch damp may be :nods by telegram or lever, Provided such alepram or neer, makes reverence he the solicitation ad this anredaM, and is nceiced prim so Aa noted" hour ad date specified. 10. ACCOUNTING AND APPROPRIATION DATA (If rogaired) 11. ?HIS BLOCK APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS (.)IN This Chsig.Order is issued pursuant to Via Eh__m-- rlause ofIthe Pitta The Changes at form in back 12 an mole a the whore n,mband eeMrae/abr. (b) n The abw nnmbred centred/oder is mdilad to rdea the dminisaatka changes (sada as chanese w payirq allies, appropriation chub, Ink.) sat forth in bock 17. (c) ❑ This Supplemental Agreement h enwred into PVrwant he authority of R modifies the abye rwmband command as set forth in block 12. 12. DESCRIPTION OF AMENDMENT/MODIFICATION I 0uat id q oo. S5 S&I t t Ing Nimes ilei tggtops Caster. tea Ibreby added to paregraO 6. BALL N S61NOM SERVICE. SM li51CATit W:I"v of t . of the contract. to the foltortnt; Manor to reoetve t oeforoeaes of.sorviee gedsr.the terms and d:dsh dlttees of the contracts Wift IF„A tb�,,iLA II&W of at I I ted S59 Inside Single So TM 411ticated annual v.�o�P�lR"M a�WkW the 4Itraat Is 114fassed in the emaeust of 101.600 gallons from ILtlyi/ i,000 to 127095106M gallons. The estimatedanawdl costOf the contract Is Iftreared to the t of $99.00 frog» .161.00 to $46.06.00. Except as rovided hmsin, ol( torts, and conditions of Me document nsMrsnced In hock 8, as hnatobn changed, straw umlanped and in full force and eBaat. 13. nCONTRACTOR/OFFEROR I$ NOT REQUIRED TO SIGN MIS DOCUMENT C]CONTRACTOR/OFFEROR IS REWIRED TO SIGN 7X15 DOCUMENT AND RETURN -CONES TO ISSUING OFFICE le. NAME OF CONTRACTOR/OFFEROR BY 17. UNITED STATE OF AMERICA 8Yw� (Spaawn of Person wdaHand to sign) (Sip,awra a ComnMwg ) I3. NAME AND TITLE OF SIGNER (T)pe or )mat) Id. DATE SIGNED 18. NAME OF (Type or print) 19. DATE SIGNED yRCOBNTTRRACCTIFNGGdBOFFFICER BRG1kFkB. 88NM1B8 r/B L \P�EBWBW 30-101-01 sec. e..IV reunn t ornca : sae o -ss” y PURCHASING'AND CONTRACTING DIVISION Fort Rileyr Kansas mr. Norris O. Olson City Manager Clt�r Mail Building Salina, Kansas 67401 . At 6 Date Re Contract Nr, VA13.67+C+3758 and Mod No. 1 Attached is your copy of Contract Nr,._ CAaEt9*6Tr.C.4Y d Had No. 1 Please acknowledge receipt, as indicate below,and return letter to this office. 1 Incl 1, Contract Nr. M"13*67-03758 and Mod No. i RECEIPT ACKNOWLEDGED: FR 22 Jun 59 Fl 76 Yours very truly, Contracting Officer l� PURCHASING'AND CONTRACTING DIVISION Fort Rileyr Kansas mr. Norris O. Olson City Manager Clt�r Mail Building Salina, Kansas 67401 . At 6 Date Re Contract Nr, VA13.67+C+3758 and Mod No. 1 Attached is your copy of Contract Nr,._ CAaEt9*6Tr.C.4Y d Had No. 1 Please acknowledge receipt, as indicate below,and return letter to this office. 1 Incl 1, Contract Nr. M"13*67-03758 and Mod No. i RECEIPT ACKNOWLEDGED: FR 22 Jun 59 Fl 76 Yours very truly, Contracting Officer STANDARD FORM 70, JULY 1966 GEPRA1 SERVICES ADMINISTRATION PAGE OF AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT /. IID: A&. REG. UI CRI 1-16.101 V . 1. AMENDMENT/MODIFICATION NO. 2. EFFECTFPE DATE S. REQURJIIKRV/PLRCHASE REQUEST NO. e. PROJECT NO. (IfepplscebG) S. ISSUED BY CODE 6. ADMMISIERED BY (If rber owns bMrk 5) CODE Purchasing 6 Contracting Division Post 811811m Building 179 Building lot Fort Ways Kansas 66W Fort Alley$ Kansas 66442 7. CONTRACTOR CODE FACILITY CODE e. NAME AND ADDRESS AMENDMENT OF EISOLICITATION NO. I F DATED (See block 9) /k kP� (Street. city, city of Sal root .ad ZIP Sol ino, Kansas MODIFICATION OF CONTRACT/ORDER NO. Cads) � LJ DATEDOlSfM — (See black 11) 9. THIS BLOCK APPLIES ONLY TO AMENDMENTS OF SOLICITATIONS 13 The above marketed elicitation is ..tied as rt Fomh in bl«k 12. The hear and data specified for ncelp of Offers ❑ H eztea kid, ❑ Is rwt,rnaun di d. Obr. mast acknowledge receipt of this amendment prior to the hour and dote specified in Ilm solicitation, or as amended, by ane of ted fallowing Bred adli (a) 8y signing and remreing—copies of this amendment; (b) By ackmwbdgiog receipt oI this amendment on each copy of the offer submitted; car Ic) By separab Inner ar Msgram 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 AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If, by virtue of this ome:dmeM you desire to change an offer already submitted, such thong may be made by telegram or letter, provided such telegram or letter makes reference to the solicitation and Mn amendment, and is received Prior to the opening hour and data specified. 10. ACCOUNTING AND APPROPRIATION DATA (If required) 11. IHR BLOCK APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS Ia1 This Change Order is issaed parsaant to TM Cheng, W loft in block 12 are made to enc above numMred cont od/oder. (b) ❑ The above numbered commie/order is modified to reflect the administrative charries (su!d as c/hheangel�s in paying office, appropriation data, etc.) set Forts in block 12. (c)jmThis Stipp] emmtal Alinement if entered into ptrnuont to authority of ID U. S- Cis 2304 , taalDi It modifies the above mambeted contract as set forts 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 data DA Farm 12wR• 1 Nay 58R 2. 2Albit Wo 88MBRABB SBRVICB SMIFiCRTION8• Ponraw* 1 througo 70 is DA Forty hereby assigned the contract form number and data. 123348 1 00 54. 3. Since Building 495 has reverted to the City of Saliba, effective 3114AR67B and since It ha ban established that no reqsere service for serservice exists for �uIlding 670o abanI references in the contract and service specifications to Buildings +195 and 670 are deleted.• these deletions will not materially ehsnge the estimated armleI colsoption or cost of the contract. 4. Building Nos. 65. 3600 and 3651 Inside RateoWbit fir and Slagle Blilingi and Buildings On. 381 and 58181 RatenE>ydlibit B• Conjunctive billing at iIInrside of mathetlle wateradded to the bract and service bi1�ill0 artfro�d s6j>detficcaoal Data of contract: forth hon pegs 1. DA Form ie inc jet 1229•s. herd room $45#76T 67.00 Escape ae provided Main, all terms and rare igons of the dowmaM referenced in Nock 8, as heretofore cMnged, ..in unchopped and In hill bra and affect. 10. CONTRACTOR/OFFEROR 15 NOT REQUIRED pq CONTRACTOR/OFFEROR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN—JL-COPIES TO ISSUING OFFICE ❑ TO SIGN MIS DOCUMENT Id. NAMF OF C T /OF 17. UNITED STATES BY //pe//�//�AMERICA by 1.LC..C._. 44 SigmNn of Person authorized to sign) ISignamme of CammcKrqOfficer) 15. NAME AND TIME Of SIGNER (Type or print) 16. DATE SIGNED 18. NAME OF CONTRACTING OFFICER (Type or print) 19. DATE SIGNED City Manager �je 6 HIM 1010100N i6AUQ67 30-101-01 1 a V. 9oveetl.er rrerreo ornce : ere o-er-m M HMtFiCMrM ink: 0001 TO C0111MT MOER OAU13476C*3798 P"& 2 6. to the contract, para�raph to, EQUJd. OPPORNtitlll, is hereby delated in its antlrety, and the foltewieug paragraph t0 is substituted to lieu thereof: 4410. I:QM OPPORTUth1Tf MW following clause Is applicable ureas this contract Is emvt-under dwr rules and regulation of the President's Comadttes an Equal Emplaymenst amity (eft C.F.R. Chapter 60). txwVtfars include contracts and subcontracts (1 ) not a rooming $1000108 (i l ) notf ng $100.000 Por standard comewtial supplie� or raw mraterlals, and (fit ander which work is performed outside the V41ted States ad no racrultaent of niers within the United States 1s involved.) During the Performance of thiscontract, the Contractor cereus as foliowsn (e) . re Contractor wlII aft disarialaste against any eaaptoyal or applicant for eaplopment because of tate, treed, calor, or rational origin. Tia Contractor wltf telae o firmaRiras action to saw* that a"lloeats are aspioyae, and that employees are treated daring am�pptoymant, without; regard to that! race creed. color, or mtloml origin. Sucb action shall include but not bps IRted to, the following: cup' t, upgrading, damatloa, or transferl recraltmmit or recruitment +m4wtisiag: lay off or terminetion3 rates of pay or o tnsr form of Cosptn sattml and selection for training„ Including apprentice ship• Tfre Cmtmtor We" to past in conspicuous via"$* available to molovess and applicants for aaptnymant, vitas to bo provided by the Corr trocttug Officer sotting forth, the provislon s of this rondlseriafnetlon clause. �} 1110 Contractor will, to all tollCltatfoas or advertisements for aaploymes Placed by or Cas behalf of the Contractors, state that mit qualified applicants wlIT recolva tonsiderstiaa for veploymeat without regard to rasa, Reed, color, or eattoal origin. W 110 Cw*mtw to It send to each labor union or raprasonta- Over of worfasss with which he leas a collective bargaining merewmi; or.other contract or understanding, a mance, to bs Provided by the Agency Contracting Offiear, advising the said labor union at worisers' representative of the Contracto`$* oaamdtomts under this nondiscrimination clause, and shall post coplas of the notice to conspicuous plus$ avaltable. to Owloyam cru! applicants for wploymemt. (d) The Contractor will comply with aft provistaft of Execu- tive order fro. 10M of ifarch 60 1961" as I mended, and of the rtes► regulatlons, and relevant orders of the President's Coamittae an Equal Imloyment Oppor-. *unity Created ther0y. MIMAYINI NO. OWI 'M CWTWT MOM 0=1347- 3758 i Po�a 3 fis) tomwoctstr mitt #urnish all tnfs>raatttcat and room vwplrad by ilaaecuttva Order No. 1005 of r*mh 6, 1961, as , sad Ithsa rules, e� platltsea, and ordws of the se14 CprMTttee, or pwsusHtt ret* arAf wt i1 p"Ot aw"s to his books, raw*, avid occwxft by the c4tttractia9 army and on ccusittee for ptsrpaeas of fawetjoatton to aat- cert*Jst comijanee with such rates, r"Watta t, aad sags. m In the + "t of the Coamto"s OW001 tont* with OW awltscrtoofattion clause of this controot or with ww of 00 "14 rules$ repslotians, or rs, this eoettrect apyr bei caacetted. taensinated, or su$,* %d to A0116, of in nett amt ti* tmt.ector my be 4MIAM4 iraaiigihle for fart r " caatruts lift eavodame tdth tam duthorlaw in %w.ottve (!rU IOM of lbrch 6, 1961j, as a "lode and such otter samt1o0 my be 1WNW and reatedt" t orevtded to the sold unuf1vo Ordw or by rule,. r platiaa, or Order of the President's COWUM CO !. Witty, err 46 otiaeeasise rldstd by Jaw. chs+ Cste>i roat4r 14 11 letciuse the pa ia) thrr t ee +err subaa ttract or rules, r e9utat ens, ort*tiriers of the PresJdeAt's Csao wty sowed peax s► asumot, to $03 of 6aafcutil iirarolt 60 1961, as , so that such previsions toil submtrasitta+' or mu%*.* VO Csstbraator will talk* ss to any sdw4+trattt Of anrlsorder as th* cen is MOM of COOM109 s priatsr, inaludiag s�a ftvvj", tot,- ghat to aha event tbo Cmtractor bi theaatttend with, litiptlett retch * subcosftmteer` or v dir*ation by voitmtfM " do Contractor arty M to Apw ho strep it#1ooitut pelt tits taut M i7 bo bludift uptas eocb I actJon loth v4somt a9aay.ay direct *s * . for outowltamot sea lnaalved tet, or iso hw as ar #result of such on this Wilted Stiffest t oft valt" Stag. I tle *thaeaiso pvvt4od, th* 09401 appoa'ttmity, 06"a is m "**rod to bo JM*rW 1n subccettracts b*tefa the secs W tf*r, MWAPt for aubtsaafLrateRto iaysxmoo the porfazsaete* aP "eoatrttettfat wow as tho "Mita of ctaaetructted" those to" are "Md to 00 Caamittoofsr rales and +tetiaii) to eehtch rem the clause =at be teaerted to alt troch stdxattracts. oetitroets my IwAwpwao by rafermtar tM "EWtt Opparitt l4W 0090,P 7-. Vo vwth rm trap toes is herat+y =A& a poet of Contrstse "iib* ofFervr in's previsuss cottt+rafal cuum persue or the e order towt t that rue s1�y met ►tit Ma star n or st�ccetteseats vdtixb M7 F-72 4seantr�M ars us 11 be tutUn Award no be s* an W"t ovo the ) bassIles *sat. perttctp"w ct to a the l 4vor#mlw itolod ter Swoon 301 of b acuttve t?iied all mul"d comilame repartsti pion of requiet c 1lonce reports, btalaed itrlcw to R arsaerds, sued to ttsm th enatttmts4 101PICATIM 1W 0001 TO COt MACT WIl16ER OABE 13-676C-3759 Page 4 9. The foilo4 are throws ahereby made 1n the claw and nWese ntatton set forth to patagre 6 atui 7 abwo: eve OpPOIiT't ny (a) re "EqualIty„ clause In p bY 4sletlre9 refarsadcas to theas;4ent's Coagtt itys Esa malve Order IMS of March 6 19 of Executive Order tla, 10925 of March 6. J961. frfor the Secretary of 440r,Executive Order o &W Swtloo 204 of iittecutive Order 11246 of agnolt 6 above is aneoded i as Equal EvIcyment as aided. and Sectlas as amended. and substituting s. 1IM6 of SAptwher 24.. totw6or 24, 1965. respectively# ietiatipamrob 7 above is anndd tv nsertaatrie to Order tthe f lia"inpt "or the clause tmtalned to Seetian 201 of t5iteeutWe Order 1b. 11114:, (c) to awar4ows with mplatlattu of thetart' of Lebo, the rutess regdetion orders Inswatlas, designetiaea astddirectives Issued 6t' m VmIdeat;s 9aeWttae an Equal fwt&pmt malty and those Issued r the #eeads of varloas deparametfs or agernetes, unnder or pursuant to any of the InwAtive Orders sWorseded by t'aaieutive Order 11246. small, to the oamt that they aro not Ineaststent With Executive Order 112%, remeto in full fierce and effaet unless and untl I revoked or stswrseded by approprlate authority. Refar*m" la such directives to provisions of the superseded orders shall be damod to be refamm to the anwable provisions of U scutive Order IIA6. 90 fire felledog *ph (III) Is hereby ~to nim eattract ander parairaph 2. TEttSt t'lt0VIS10 . (a) ftLquaw o,�siand"a n(III) The vowlty of sa imp Wit be daten4n" atem+ally and will male eonswu starting with the -.ktty billing through the falla deg .Aam, and wlII be bei an the avemp teeanthly water catsumptlon according to neater meters for the waft of januarya raibrunrys and March pea- owing the montth of. At" of the flatal year,,, Contract No. DABE13-67-C-3758 DEPARTMENT OF THE ARMY NEGOTIATED SEWERAGE SERVICE CONTRACT pRmsES TO BE SERVED: Schilling Manor Sub -Post, Salina, Saline County, Kansas CONTRACTOR: City of Salina, Salim, Kansas PREMISES ARE: Government Owned ESTIMATED ANNUAL COST HEREUNDER: �$45,767..00- CONNECTION CHARGE: Nom { 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) I � APPROPRIATIONS CHARGEABLE: 21-9770700 55-1003 P1910-23 514-040 Contract No, DABE13-67-C-3758 DEPARTHIN"T OF THE ARMY NEGOTIATED SEWIRAGE SERVICE CONTRACT THIS CONTRACT, entered in.0 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, ill,-NtSSMi That the parties hereto do mutually agree as follows: 1, SCOPE AND TERM OF CONTRACT, (a) Subject to the terms and condi- tions h rc:inafter 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 gi%,ing of not less than ninety (90) days edvance 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. designacad 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 be entitled to any discounts customarily applicable to payment of bills,by all customers of the Contractor. 2 Contract No, DABE13-67-C-3758 (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. 77C?iNICAL PROVISIONS, (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 coa- junciivel-y.. 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 arr, upon agreement, an appropriate adjustment based thereon shall be made in thn 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) 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 be 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 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 DABE13167 C 3 7 5 8 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, I(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 Fahibit "Bu (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. 4. CONTRACTOR'S FACILITIES. (a) The Contractor, at its expense; shrill 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. ,'itle to all such facilities shall not be transferred by or through the usf- or %_his contract. (b) The Government hereby grants to the Contractor, free of ray rental or similar charge, but subject to the limitations specified in 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, to;;�ther with a1!. ;4l'.lity arising out of the negligence of the Contractor in the construction, operation, or maintenance of such facilities shall be assumed by the trcctor. Authorized representatives of the Contractor will be allowed acc,irs 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 8 Stich facilities shall be re=oved wid Govar==t pramiscs restored to their original condition by the Contractor at its expense eithin a reasonable tice.after the Govereamut shall revoke the permit herein granted and in any event within a reasonable time aftezr termination of this contract. It is expressly understood, however, the: proper military -or Governmental arathority may limit or restrict the right of access heroin gv..rated in any canner con- sidorad by such authority to be nacasaary for the a:ational security. 5. PFix1LYC B OEATICo! AND CUA F?GL' OF MITES. (a) Public reguration.-- Service furnished under this contract shall be subject to regulation in the mumner and to the extent prescribed by I= by any Federal, State, or local regulatory co=i.saion having jurisdiction. If during the teras of this con- tract the public regulatory cistion htaiing jurisdiction lawfully approves rates that are higher or rates that: are lower than those stipulated herein for like conditions of service, thc: Contractor agrees to continue to furnish service as stipulated in this cont -:et 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.effectiva. (b) Change of ratos.--(i) 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 atondcd rate schedule applicable to the claos of service furnished the Government at the a4einiice location which may contain a lower rate or conditions more favorable to the Government for such claw of service, the .Contractor shall forward to the Contracting Officer a copy,of ouch rate schedule or amended rate schedule within fifteen (15) days after the effective date thereof, and upon receipt of written request from the Govern=nt, shall substitute such rate schedule or am -ended rate schedule for the rate schedule then in effect hereunder for ouch service location, cou=ncing with the billing period in which ouch Written request to 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- niahed following such permanent change. 6. OFFICIALS NOT -TO BENEFIT, No camber 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. COi►W= AGAINST COi3TIA'Y'.ENT FESS. The Contractor warrants that no person or selling agency has bean employed or retained to solicit or secure 5 , DABE13'67 C 3 7 5 8 this contrnct upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee; excepting bona fide employees or bona fide establi:; -- muercial or selling agencies maintained by.the Contractor for the purpose of securing business. For breach or violation of this warranty the Goverr_s-2nt shall have the right to annul this contract without liability or in its discretion, to deduct from the contract price or considerntn,, or otherwise recover, the full amount of such commission, percentage, broker- age or contingent fee. 8. ASSIGNMENT OF CLADIS. No claim arising under this contract shall he transferred or assigned by the Contractor. 9. 'i:r_T.CT LABOR. In connection with the performance of work under this conrsac ,.the Contractor agrees not to employ any person undergoing sentence impriaonment at hard labor. 10. Ef" L OPPORTUNITY. (The f;llorring article is applicable unless this contract is exempt under the rules and regulations of the Secretary of Labor. Exemptio.. include contracts and subcontracts (i) not exceeding $10,000, (ii), not e::ceeding $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 di>criminate against any employee or applicant for employment because of race, creed, color, or national origin. `line Contractor will take affirmativ_ action to ensure that applicants are employed, and that employees are trzated duaitz employment, without regard to their race, creed, color, or nataona' orgin. Such action shall include, but not be limited to, the following: ergy loyraent, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of comp_nsaticz,; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and &pplicants for iv.ployment, 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 considerati*n for eraploy�nent without regard to race, creed, color, or national origin. 3. The Contractor will send tD each Labor unLon or representative of workers with which he has a collectLva baas;.'ining syreement or other contract or understanding, a notice, to be p ov ded lay the agency Contracting Officer, advising the said labor union of wozice-3 ' representative of the Contractor's commitments under this nondiscrimination article, .and shall post copies of the notice in conspicuous places av,ileiae r:o er:ipl,Yyees and applicants for employment. L DABE13'67 C 315 8 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 7,abor, 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, regulati•:ns, and orders. 6. ❑ the event of the Contractor's noncompliance with the nondis- criminutl­-, =:'icle of this contract or with, any of the said rules, regu- lations, or orders, this contract ma,/ be carwelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accoedance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be io?osed 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 oder unless exempted by rules, regula- tions, or orders of the Secretary of Labor issued pursuant to section 204 of Executi-�a 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 contractin; a-ency 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 *Vnless otherwise provided, the "Equal Opportuciity" 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 8 such cc.,.., the Contractor mails or oth_rzise furnishes to the Contracting Officer a written appeal addressee to the Secretary. The decision of the Secretr_*.a ar his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of comp etent: 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 i>e 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 ar.d in accordance with the Contrabting Officer', decision. (b) This "Disputes" clause does not preclude consideration of law que tf.ons in connection with decisions provided for in paragraph (a) above; ,:Sed, that nothing in this contract shall be construed as making final ti -c decision of any administrative official, representative, or board on a grec.tlon 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 existence of the facts upon which the Se--retary 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 leas than three nor more than ten times the costs incurred 3y 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. I DABE13'67 C 3 7 5 8 13, tIku�I'ITIONS. As used thio ;hou: : ds contract, the following terms e'_:all TY�: - `.'.te meanings set forth 6_lcr:t (a) The term "head of the agzncy" or "Secretary" means the Secretary, the Under Secretary, any Aacistaut Secretary, or any other head or assistant head of the executive ar military department or other Federal agency; and the term "his duly autha_ized representative" means any perean or persons or board (other than the Contracting Officer) authorized to eat for the head of the agency or the Secretary, (b) The term "Contracting Officer" means the person executing this cot, :act on behalf of the Gover=ent, and any other officer or civilian ery,loyee ..ho is a properly designated Contracting Officer; and the term includes scept as otherwise provided in this contract, the authorized represen: - a 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. CONTFLICTS. To the extent of arty inconsiutency between the pro- visions of this contract, and any schedule, rider or exhibit incorporated in this contract by reference or othen,ise,.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. :2>E METED STAPES OF. AMERICA HELEN WTKORTON Contracting Officer CIT1 OF SALYIIA, SALINA KANSAS APPROVED . _-_—`-i- �iDet C. M. WE P,. JLL rp_�eputy Army Power Procurement Officer BY 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. d Exhibit "A" Attached to and made part of Contract No. DABE13-67-C-3758 SEWERAGE SERVICE SPECIFICATIONS s 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 mal-function— 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, 5950 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. 6. BILLING METHOD: The rates Locations shall be as follows: Bldg No _ i to;be charged at each of the Service 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 Reg Outside Conjunctive 7. ALTERATIONS AND ADDITIONS: None. 1 nthibit "B" Lttached 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,pg _month minimum. @ 270 per C Cu..Ft. or 360 per M.Gals;"..,' _ Next 500 Cu. Ft, or 3,750 Gals. @ 220 per C Cu. Ft. or 29.330 per M Gals. _ $1.10. Next 1,000 Cu. Ft, or 7,500 Gals. @ 200 per C Cu. Ft, or 26.66p per M Gals. - $2.00. Next 3,000 Cu'. Ft, or 22,.500 Gals. @ 160 per C. Cu. Ft, or '21.330 per M Gals, - $4.80. Next 15,000 Cu. Ft, or 112,500 Gals. @.120, per C Cu. Ft, or 16e per .M Gals. - $18.00. fS 000. . Next 20,000 Cu. Ft, or 12 500Is. . @ 84 per C Cu. Ft, or 660 per M Gals. - $16.00. Next 40,000 Cu. Ft, or.300,000 Gals. @ 60 per C Cu. Ft, or 8c per M Gals. - $24.00. Next 70,000 Cu. Ft, or 525,000 Gals. @ 40 per C Cu. Ft, or 5,330 per M Gals, - $28.00. All over 150,000 Cu. Ft, or 1,125,000 Gala. @ 20 per C Cu. Ft, or 2.660 per M Gals. *Multiple living units of four or more units, served by a master water meter, effective July 1, 1963: First 5CJ Cu. Ft, or 3,750_Gals. $1,35 per month minimum. @ 27� per C Cu. Ft, or 360 per M Gals, All over 500 Cu. Ft."or 3,750 Gals. @ 220 per C Cu; Ft, or 29.,33$ 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. DABE13'67 0 3 7 5 8 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 to the meter reading of Janu- ary, February, and March. The sliding scale of the attached rate schedule ap- plies.. MULTIPLE D6IELLms SERVED BY MASTER WATER METER: The eawer.use fee for Licensed Apartment Houses and Mobile Home Courts of four or more units, served by a master water meter or cetera, is based on the average monthly water consumption according to the meter readings of January, February, and March. I RESIDENCES NOT CONSUMING CITY WATER: Reeidencea not consuming city water, but which are served by the sanitary sewer system orn charged a flat monthly fee of $1.50. COMMERCIAL AND 'INDUSTRIAL: The sever use fee for Commercial and Industrial water consumers served 1:y the sanitary sewer system is based -on the average monthly water consumption of the previous calendar year. The aliding.scale of the attached rate schedule apr plies. -- COMNERCLAL AND INDUSTRIAL CONCERNS NOT CONSUMING CITY WATER: Engineering surveys determine the sewer use fee for commercial and industrial concern served by the sanitary sewer but using water from a source ottler than the city, i SPECIAL LL:jdANCES: For conoumnrs 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. ' COMMERCIAL 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 reuder 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 operating 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 necessary 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. ounim 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. gmlegetla+n Ib.:41 ALRGD-P PURCHASING AND CONTRACTING DIVISION Fort Riley, Kansas 1 B AW 1966 SUBJECT: Contracting Officer's Representative (Supply and/or Service Contracts) TO: I st 1,11g1AM1' Pon si ,FRM 1. Reference Contract Nr. 0=1147407" . 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 i 11"t 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. 1.� 64)� IMM Contracting Officer FR 29 JUN w FL 231 RESOLUTION NO. Z j Dj-� 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, 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 day of October, 1966. Mayor ATTEST: City Clerk Gtty.af Sallna,. Salina„ KWAM IAN Gentlemen: DEPARTMENT OF THE ARMY - HEADQUARTERS FORT RILEY FORT RILEY, KANSAS 66442 a MrA low Attached is your copy of Contract Number GAU1 `df+-* M . ibdifjwtI=; 00. Please acknowledge receipt, as Indicated below, and return this letter . to Purchasing and Contracting Division, Bldg #1179. Fort Riley, Kansas 66442. Sincerely, xZ. I Incl HELEN rrlwM as Contracting Off loop RECEIPT ACKNOMLEDGED: Signature ( itle/Positio FR 29 Nov S7 FL 76 (REVISED) -Yp -G (Date) STANDAW FORM 30, JULY 1966 GENERAL SERVICES ADMINISTRATION PAGE Of JMM DMBNT OF SOUCITATION/MODIFICATION OF CONTRACT IED. PROC. Til. ldl.CR) 1-Ia101 1. 1. AMOA /MODWKAT10N NO. 2. EFFECTIVE DATE 3. REWISIITON/P ROIASE REQUEST NO. N. PROJECT NO. (if owic.A/e) S. ISSUED by CODE 6. ADMINISTERED RY (7j orbrr doer block S) CODE PurdmlN and Contracting Division Fost ta®taeer Building 179 Building to? Fort May. noun 66W Fbrt RI toy$ Ilu wu 66M4! 7. CONTRACTOR CODE I FACIUTY CODE S. NAME AND ADDRESS AMFNDMEW OF ❑ SOMMATION NO. rr I City o Salas DATED ($TS blink 9) (S~.. city. M Salinas tasaas Ileum ! + IN4611lMlls A-375/ sed ZIP CT/Offilm NO. Cole) LDATED .o...�! o19VW (Sr, blink If) 9. THIS BLOCK APPLIES ONLY TO AMENDMENTS OF SOLICITATIONS ❑ IM obese rewbwed dlelali.n N arerdd as r farts in block 12. Tho hour and dob %"CAW fm r.mhpt d or.. ❑ I. eMaded, ❑ is tri .alanMd. OR.. mw admewlodpo wwip d M4 amadmwt prbr b Me hm sed dol. sprtlfld b Xr rolkislian, m m onmridsd, by ow of tir 1a11vrrin0 metirb: (a) W dpdng and r.hmnb/ .Yin. d Mis om.sch is 4 (b) by ocknmAadging .0 of this omendm.m on --ch copy of An -IN' submiMad: or (c) By sessional. led., or tol..wm which Indudw o mf.wnw b M. sdicimi n and am.ndm.nt wmb... FAILURE OF YOUR ACKOWLEDGMENT TORE RECEIVED ATTIRE ISSUING OFFICE PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. 11, by virtuo of tion amondmM yw chasm to clrrpe an olbr already wbmided, inch chane may be mode by hologram m learn, pa.idM such blomam m loNm mdse nlb.nw b 1M sdiciMbn aid MIs om.ndm.N, and b received mim b Me otsmrhq bran and dal. spociR.d. 10. ACCOUNTING AND APPROPRIATION DATA (If snq&hd) 11. THIS SIOO( APPLIES ONLY TO MODIFICATIONS OFF CONTRACTS/ORDERS - (al n This chosR. Order is i.med sn,soci to ♦he CbWas 610000 elf the 6002=2 - Th. Chripm on kdh M block 12. nada b tin obese numbered wrdroct/md.r. (til ❑ This above wmb.r.A . a od/oder is modi8.d In roR.d tin administrative drnp.a (adv m chant'.s in paying dRw, appropriation dojo, .tc.) sot fords to bbd 12. (cl ❑ This SapplwmMal A/r.wm.M is enl.rod into wissiod to wthwiry of IT dif.. His above wmb.r.d cae6an m sd Ymtb in block 12. 12. DESCRIPTION OF AMENDMENT/1,101Os1CATON I. Building No. 3$96 SWIM* Nanor Religious Centert is hereby added to peragraph 66 BILLING MUM of the WITBR $9WIC1 SPECIFICATIONS Whit '%"6 of the COMgKt. 14 the following urs ar to reitalve performoaae of.servite under.tbe terms sad ooadltlons of the sontratu Aida qo. ghee of go-tot No. of Netera mg - "Iblt B N}W Of Bllltaa 959 Z" i Inside Single 2. The estimated mumml oonsumptios under the ®entreat Is Increased In the 1meeWt of 1886000 goltoas from 1589309600 to 158.672 000 ggaallons. The estimated srmual Cost of the *estreat to I�ressw In the amomat of i16W-0,0 from $67.777.00 to =69.503.00. Ese.p as movidod hmdn, all Nims sed emrdlioo, of she daeemom rdsrerm in block R, as hw.bM. dtmpoll, sorb rn dressed and F full fore and eGeet. •13. CONTACTOR/OFFEROR IS NOT REWIRED CONTRACTOR/OFFEROR IS REQUIRED 70 SIGN THIS DOCUMENT AND RENRIcCONES i0 ISSIIMG OFFICE E]TO 636 SIGN THIS DOCUMENT Id. NAME OF CONTRACTOR/OFFEROR 17. UNITED STATIS Of AMERICA 1 BY n .� (�• dran pwoulbdssi sip) (Sigmas, d Goat / ) IS. NAME AND TITLE OF SIGPQR (T3., so, Print) 16. DATE SIGNED 16. NAME OF CONTRACTING OFFICER (TYPw mOrinr) 19. DATE SIGNED NEW W0117011 07PAW 3G-101-01 . u.s, sww.aosr rein." mrbc : PURCHASING AND CONTRACTING DIVISION Fort Riley, Kansas 0 Mr. Norris O. Olson C i ty 144ngger CIRtyy Hail Building Sa11aas KOM" 61401 �i&"t 1961 (Date) Re Contract Nr. OAM0.67004757 +sad. Nod No. 1 Attached is your copy of Contract Nr.,0AM3 R�! w r �. and Nod x.11 Please acknowledge receipt, as.indicated below, and return letter to this office. e Yours very truly, 1 Incl 1. Contraot Nr. OSIBB13067w C*3757 OW Nod pia. 1 RECEIPT ACKNOWLEDGEDs Signature FR22Jun 59 FL 76 ofto8 WORYON Contracting officer ot i _.rfCf" i STANDARD FORM,30,JULY 1966 GENERAL SERVICES ADMINISTRATION 1 PAGE OF AMENDMENT OF SOLICITATION/MODIFICArIION OF CONTRACT FED.PROC. REG. 441 CFRI 1-16.101 1. AMENDMEEN/Tk/MORIGTION NO. ]. EFFECTIVE DATE S. REQUSN/PURCHASE REQUEST NO. ITIO 4. PROJECTNO. (IfappErabk) WVt S. ISSUED BY CODE 6. ADMINISTERED BY (If otbn'Aon block 5) CODE Purchasing & Contracting Division Post Engineer Building 179 Building 187 Fort Riley. Kansas 66442 Fort Riley, Kansas 66442 L CONTRACTOR CODE FACIU7Y CODE e. NAME AND ADDRESS AMENDMENT OF ❑ SOLICITATION NO. 1 City of Salina DATED (So black 9) (Stmt, city. scene,Satins, Kansas commily,sad OF DA I3..67.C_37 ZIP Cade) CODIFICATION NTRACT/ORDER NO. L J DATED OiSEP66 (Se black if) 9. THIS BLOCK APPLIES ONLY TO AMENDMENTS OF SOLICITATIONS ❑This abew numbered saliaboimr is amended as at forth in Nock 13. The hour and dole specified for receipt of Offers ❑ u extended, ❑ is net extended. Oflerom area acknwledae receipt el this emendment prior to the hour and date specified in the alicitai o in emended, by one of the fallowing methods: Ian By signing and ntumbg—spies of this amendment; (b) By acknowledging rxeipt of this amendment on each copy of the offer submitted; or (c) By seporMe letter or telegram which includes a reference to the solicitntian and amendment ..be,,. 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 of, .Inody submitted, such rhro, may be made by telegram or letter, provided such Mepron or better makes reference to the solicitation and this amendment, and is oceived prior to the opening bur and dote specified. 10. ACCOUNTING AND APPROPRIATION DATA (If requined) 11. THIS BLOCK APPLIES ONLY TO MODIFICATIONS Of CONTRACTS/ORDERS (aI ❑ This Change Order is issued pursuant to ' the Chomps art forth in bbd 17 are made to the also . numbered controdleader. (b) The above numbered comrad/order is modified to reflect to adinmishame cla n,o (Sud as chmges in paying ofRn, appropriation clot., etc.) art forth in block 12. q❑p (Q This Supplemental Agreement is entered into pursuant b authority of Ia BBQa�9304 it 0) It modifies the above numbered contract as set forth in block 12. 13. 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 1229oR. 1 May 58. 2. Exhibit IWIR WATER SERVICE SPECIFICATION,paragraphs I through 8, is hereby assigned the. contract form msnber and dote, DA Form 1235•R, I Dae 54. 3. Since Building 495 has reverted to the City of Saline, effective 31MR670 all reference thereto in the contract and service #peeificatlons are deleted. This deletion will not materially change the estimated annual Consumption or Cost of the Contract. 4. The ESTiM IE0 ANINIAl. COST of the contract, set forth on page I, DA Form 1229"IR, Is hereby Increased from $67,177.00 to $67.777.00. . So In the WATER SERVICE SPECIFICATIONS, Exhibit nAu, to the contract► the follow-, in* additions and deletions are hereby made: I Except les provided Mrain, all terms and conditions of the document reterenced in black R, as he fo duped, remain undaryHd ant in full fora and effect. 13. CONTRACTOR/OFFEROR IS NOT REQUIRED VE/ IS RETURN COPIES TO ISSUING OFFICE 6 1'O SIGN MIS DOCUMENT 99 OMRACTOR/OFfEROR IS REQUIRED TO SIGN 1X15 CU 14. NAME CM/OFFEROR 1y. UNITED STATES F AMERICA MCON BY L�Dil+�+>�— pY �C. Y. (Sp:eNre of penes au—asd to si,n)(Si-aron of Contriteness Officer) IS. N AND TITLE OF SIGNER (Type or print) DA SIGNED 18. NAME OF CONTRACTING OFFICER (Type or print) 19. DATE SIGNED NF, D. OUON 116. /o C7 I18it" M11u011 16A1186i City Manager 30-101-01 it We. aorERlr.eaT Pollymill arnce : ICFF 0 -os -on i \ MODIFICATION NO. 8801 TO CONTRACT MISER OA81113-6741-3757 Page 2 a. Paragriob, 3. SERVICE LOCATIONS# is hereby deleted let its entirety and the following Is substitu"d In ilau thereof: 1/SERVICE LOCATIONS: The service toeations of water shell bel Schi1» Ting Marcor Sub*Post water distribution system at .the three slater loestlWo and to the. meter loaptienS of Buildings Hos. 65. 3480 364. 361,, 3651 372, 3810 381E. 448,, 455. 595. and 6$6.91 b. 'Paragraph 6. MMA1101 AND 81LLIW* is hereby deleted In Its entirety and the following Is substituted in lieu thereofs / HETERIM AND BILLOW 'Waist will be measured thru sisters at the service icestlons and billed 111 acaordanco with the following Schedules Hathod Rate. of Dila Slee er h elf_listars gAlklk 8 Billtm _v 65• l }llei40 StGQ�e 94811 x Inside Conjunctive 360 211 1 Inside Single - 361 111 t . inside single _365 grt 1 inside Single 312' 111 1 Ir:slde Single ,381 2t1 1 Inside. (Conjunctive to � } 9/01 i Inside((Conjurettva 381E) P1 1 inside (((=junctive 448 211 1 inside Single ,455 211 1 inside Single 595 211 1 inside Single --, 656 2t1 1 Inside Stngie Ramlly Housing 811 3 Outside Conjunctive 214 3 Outside Conjunctive 1. w MODIFICATION NO. 0001 TO CONTWT NUMBER DADE13-67-C-3757 Page 3 A. an the contract, paragraph 10, EQUAL OPPORTUNITY, is hereby deleted in its entirety and the following parahraph 10 Is substituted in Ilau thereof: '110. EQUAL OPPORTUNITY (The following clause is applicable unless this contract is exempt under the rules and regulations of the President's Committee an Equal Employment Opportunity (41 CoV,A. Chapter 60). Exemptions include contracts and subcontracts (1) not exceeding $10,000, (11) not exceeding $100,000 for standard commercial suppllee or raw materials, and (111) 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 fol Ion: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affiromatlye action to ensure that applicants are employad, end that employees are treated during employment, without regard to their rata creed, color, or national origin. Such action shall include but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment adyertlsingi layooff or termination rates of pay or other hems of c:m►penaatloni and selection for training, incidding apprentice- ship. The Contractor agrees to post In conspicuous places, avaliable to employees and applicants for 4sploymento, 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 employees placed by or on behalf of the Contractor, state that all qualified applicants will receive constderotlon for employment without regard to race, creed, color, or national origin. . (c) The Contractor will send to each labor union or represents- . Live of workers with which he has b collective bargaining agreement or other contract or understanding, a hotice, to be provided by the Agency Contracting Officer, advising the said labor union or workers' representative of rhe Contractor's'egmmitments under this nondiscrimination clause, and shall post copies of the notice to conspicuous places aveliable_to emplayees 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 Cawd tteo an Equal Employment Oppor+. tunny created thereby. MODIFICATION NO. 0001 TO CONTRACT NUM9ER PASE13-67-C-3757 Page 4 (e) The Contractor will furnish all Information and reports required by Executive Order No. 10925 of Mereh 6, 1961, as amended, and by the rules, regulatlorns, end orders of the said Committee, or pursuant thereto and will permit access to his bodes, 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 Cha nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated# or suspended to whole or In part and the Contractor my be declared ineligible for further.Govarnment contracts in occordanee with procedures authorised In Executive Order No. 10925 of March 6, 196% as amended, and such other sanctions may be deposed end rowdies Invoked as provided in the sold Executive Order or by rule, reguletlon, or order of the president's Committee on Equal Eoployment Opportunity, or as otherwise provided by law. The contractor will Include Rha provisions of paragraphs (a) through (g In every subcontract or purchase order unless exempted by rules, regulatlons,-or orders of the President's Committee on Equal Employment Opportunity Issued pursuant to section $03 of Executive Order No. 10925 of March 6, 101, as amended, to, that provisions alit be binding upon each suboontractar or vendor.* Tho Contractor wf11 take such action with respect to any subcontract or purchase order as the contracting agency nay direct as a means of enforcing such provisions, Including sonttlone,for noncompliance: Provided, however that In the event the Contractor becomes Involved in, or Is threatened with, holgatlon with a subcontractor or vendor aS a result of sash direction by contracting agency, the Contractor may request the United States to enter into tuck litigation to protect the Interest of the United States. . Aimless otherwise provldad, the "Equal Opportunity" Clause is not required to be Inserted In subcontracts below tier second tier, except for subcontracts involvinng the performance of "construction world' at the "site of construct 1 *01 las those terms are defined in the Committee's rules and nmulattens),In which case the clause .must be inserted to all such subcontracts. 8ubcontrests may Incorporate by reference the "Equal Opportunity" clause." 7..The fallowing representation Is hereby mAdo a part of Contract No. DAM 1$w67 -C-$ 757:, "The offeror represents that he ) has, has not, participated in a previous contract or subcontract tbbjoct to'elftr the Equal Opportunity clause hereto or the ct a grlgjnsliy contained in section 301 -of Executive Order 109251-tdat he ( ) has,e�i6Cfi has riot, filed aft required compliance reports; and that representations Indt t ng submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards. (Tie above representatlon need not be submitted In connection with contracts or subcontracts which are exempt frogs the clause.) MODIFICATION N0. 0001 TO CONTRACT NUMBER DAOE1347-C-3757 Page 5 8. The following changes, are hereby made In the clause and representation set forth in paragraphs 6 and 7 above: EQUAL OPPORTUNITY (a) The "Equal OpportuntWI clause In paragraph 6 above is emanded by deleting references to the President's Committee on Equal Employment Opportunity, Executive Order 10925 of March 6, 19610 as amended, and Section 303 of Executive Order No. h0925 of March 6. 1961, as amended. and substituting therefor the Secretary of tabor. Executive Order No. 11246 of September 24, 19651 and Section 204 of Executive Order 11246 of September 24. 1965, respectively. (b) The Equal Opportunity representation In paragraph 7'above 1s amended to Insert after the reference to "Executive Order IO925" the fallowing: "or the clause cogtained in Section 201 of Executive Order No. 11114." (c) lit accordance with .regulations of the Secretary of tabor. the rules. regulations. orders. instruct#onso designations, and other directives Issued by the PresidentIs Committee on Equal Employment 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 inconsistent with Executive Order 11246, remain in full force and'effect unless and until revoked or superseded by appropriate authority. References in such directivas t0•provlslam of the superseded orders shall be doomed to be references to the comparable provisions of Executive Order 11246. N 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 caned ESTIMATED ANNUAL DOST 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 P1910-23 514-040; Contract No. DABE13-67-C-3757 DEPARTMENT OF THE ARMY. NEGOTIATED WATER SERVICE CONTRACT THIS CONTRACT, entered into as of 9-1-66 , by and between the MUTED 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 Contrictor, WITNESSETH That the parties hereto do mutually agree as followst 1. SCOPE AND TERM OF CON'iVACT, (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 Contrector water service (hereinafter called service) requested by the Colrernment from' the.Contractor at the premises to be served hereunder (herein`ter called the service location), all in accordance with water Service Spacificatiors attached hereto and made a part hereof, and identified as Exhibit "A". (b) This contract shall continue.in effect until ten inated at the option of the Government by the.giving of not leas 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 c(ntracted for, at the rates and under the terms and conditions herein set faeeth in this contract for the billing period in which commencement and te•isination o: 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 Gov-rnment shall continue to be billed at the lowest scs.ilable 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 w,thout penalty or interest and the Government shall be entitled to any disc vents customarily applicable to payment of bills by all customers of the 0 ntractor, 2 i� Contract No. DABE13-67-C-3757 DEPARTMENT OF THE ARMY. NEGOTIATED WATER SERVICE CONTRACT THIS CONTRACT, entered into as of 9-1-66 , by and between the MUTED 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 Contrictor, WITNESSETH That the parties hereto do mutually agree as followst 1. SCOPE AND TERM OF CON'iVACT, (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 Contrector water service (hereinafter called service) requested by the Colrernment from' the.Contractor at the premises to be served hereunder (herein`ter called the service location), all in accordance with water Service Spacificatiors attached hereto and made a part hereof, and identified as Exhibit "A". (b) This contract shall continue.in effect until ten inated at the option of the Government by the.giving of not leas 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 c(ntracted for, at the rates and under the terms and conditions herein set faeeth in this contract for the billing period in which commencement and te•isination o: 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 Gov-rnment shall continue to be billed at the lowest scs.ilable 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 w,thout penalty or interest and the Government shall be entitled to any disc vents customarily applicable to payment of bills by all customers of the 0 ntractor, 2 r7 Contract No. 0ABE13-67-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:itiformation 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'billid'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.be deemed correct. (ii) The Contractor, so far as possible, shall determine from the water meters at periodic intervals of approximately thirty (30) days the ouantity 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 r, 3 7 5 7 diminution or other variations of service occasioned by or in consequence of ani zn�ise beyond the control of the Contractor, including but not limited to act,a 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 variet�on 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 periou 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'. ugn j (b) For purposes of chargee 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- tions. Title to all such facilities shall not be transferred by or through the use of this contract. (b) The Government heret,y 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 enter the service location for any proper purpose under this contract, inclx%ding use of the site or sites agreed upon by the parties hereto for the installation, operation, and maintenance of Government-owaad 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 DABE13'67 C 3 7 5 7 Such facilities shall be removed and Govera=nt 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- sidared by ouch authority to be necessary for the national security. 5. ;aLIC REGULATION AND CUA M OF BITES. (a) Public reguration.-- Service furnished under this contract shall be subject to regulation in the =armor and to the extent proscribed by law by any Federal, State, or local regulatory co=iaoiou having jurisdiction. If during the tests 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 servics -i3 ctipulatad in this contract and the Government agrees to pay for each t&r.: :.cc at, the higher or lower rates from and after the date when such rates are s: oda effective. (c)_ Change of ratos.--{i} Subject to paragraph (a) of this clause, in the event the Contractor, during; the terra of this contract, shall make offective any new rate schedule or a—nded rate schedule applicable to the clans of sarvice 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, n�id upon receipt of written request from the Covcrea-nt, shall substitute sc:ch rate schedule or amended rate schedule for the c•ata schedule then in effect hereunder for such service location, cocrosacina with the billing period in which such written request to received. (ii) Subject to paragraph (a) of this clause, in the event of a pormancb change in the class of service furnished the Government at the service ?oention, service shall, effective sixty (60) days after written re- quest is rado 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. Bo 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. COVENABT AGAINST CWTIBGENT FEES. The Contractor warrants that no person or selling agency has bean employed or retained to solicit or secure 5 DABE13'67 C 3 7 5 7 this co;:ract upon an agreement or understanding for a commission, percentage] brokera.;e, or contingent fee; excepting bona fide employees or bona fide establi gad commercial or selling agencies maintained by ,the Contractor for the punose 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, S. 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 staudard 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 dutirg employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: eujiloyment, 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 employe;;:; 1.1rced 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 employmca'.., 2 DABE13'67 C 3 7 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 furnieih 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: Previded, 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 dis-ancd of by agreement shall be decided by the Contracting Officer, who shall _educe 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 Contrasting Officer's decision, (b) This "Disputes" clause does not preclude consideration of law que.,ticns 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 oflaw. 12, GRATMIES. '(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 Governm:nt 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 e::istence 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 w:ich it may be entitled by law, to ex- emplary damages in an amount (as determined by the Secretary or his duly authorized representative) which scull be not less than three nor more than tea 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. DABE13'67 C 3 7 6 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" suns 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. e) 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. "PROVED ...-..._........ d%��puty Army Power Procurement Officer THE UNITED STATESOFAMERICA' lay _ZfZJ,_ HELEN WHORTON Contracting Officer CITY OF SALINA, SALIVA KANSAS BY N. D. OIS011 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-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 then 10 pounds per square inch gouge 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 comon 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 348 372 381 381E 448 455 495 656 670 Family Hog 2" 2 Inside Conjunctive 1" 1 Inside Single 2" 1 Inside Single 2" 1 Inside Single 2" 1 Inside Single 2" 1 Inside Single 1" 1 Inside Single" 2" 1 Inside Single 2" 1 Inside Single j.. 8" 3 Outside Conjunctive', 7. SIZE OF CONTRACTOR'S PIPELINE TO THE SERVICE LINE AND THOS TO THE POINTS OF DELIVERY: Four inches diameter and larger. 8 ALTERATIONS AND ADDITIONS: None Mq 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 Od MONTHLY USE EXCEPT FOR THE MINIMUM AMOUNTS ALLOWED ACCORDING TO THE SIZE OF METER RESIDENTIAL AND COMMERCIAL CONSUMERS INSIDE CITYt *First 2000 Cu. Ft, or 15,000 Gals. @ 25* per C Cu. Ft, or 33.33* per M/Gals. Next 3000 Cu. Ft, or 22,500 Gals, @ 22* per C Cu. Ft, or 29.330 per M/Gals. Next 5000 Cu. Ft, or 37,500 Gals. @ 19* per C Cu. Ft, or 25.330 per M/Gals. All Over 10000 Cu. Ft, or 75,000 Gals. @ 15* per C Cu. Ft, or 20.00* 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 35* 500 46.66* 30750 3/4" $2.45 35* 700 46.66* 5,250. 1" $4.20 351: 19200 46.66* 90000 $7.70 35C 21200 46.66* 160500`, 2" $11.20 350 39200 46.66* - 240000 3" $16.30 32.6* 5,000 43.46* 37,500 4" - $27.20 30.20 9,000 40.29* 67,500 :6" $46.50 27.3* 17,000 ,36,47* 127,500, 8" _ $78.08 24.40 320000 30.730 2409000 *Multiple consumers served by a master. meterare charged at 25* per C Cu. Ft. or 33.33* per M Gals. for all water consumed in excessof the minimum., 7k gallons per cubic foot UASE13'67 C 3 7 5 7 RESIDENTIAL AND COMMERCIAL CONSUMERS OUTSID'G CITY: *First 2000 Cu. Ft, or 15,000 Galr, @ 31,25* per C Cu. Ft. or 41.66* per M/Gals. Neat ,3000 Cu. Ft, or 22,500 Gals, @ 27.50* per C Cu. Ft, or 36.166* per M/Gals. Next 5000 Cu. Ft, or 37,500 Gals. @ 23.75* per C Cu. Ft. or 31.66* per M/Gals. All over 10000 Cu. Ft, or 75,000 Gale. @ 18.75* per.0 Cu. Ft. or 25.00* 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" $3.50 70c 500 93.32* 30750 3/4" $4.90 : 70* 700 93.320 5,250 1" $8.40 70* 19200 93.32* 9,000 1h". $15.40 70* 2,200 93.32* 16,500 2" $22.40, 700 3,200 93.32* 24,000 3" $32.60 65.2* 5,000 86.92* 37,500 410. $54.40 60.4c 9,000 80.58* 67,500 6" $93.00 54.6* 17,000 72.94* 127,500 8" $156.16 48.8C ' 329000 61.46* 2409000 *Multiple consumers served by a master meter are charged at 31.25* per C Cu. Ft. or 41.66* per M/Gals, for all Water consumed in excess of the minimum. F�. PURCHASING AND CONTRACTING DIVISION �l�� Fort Riley, Kansas Iftby lNila I So"dow 106 SUBJECT: Contracting Officer's Representative (Supply and/or Service Contracts) TO: k6l; Bagllow fate l;lial o 1110aq 1. Reference Contract Nr.8A6H11AM*3M . 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 off fiq! IM 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. f�a..Ifl101tt01! Contracting Officer FR 25 jar+ a FL 231 Contract No, DABE13-67-C-3757 DEPARTMENT OF THE ARMY NEGOTIATED WATER SERVICE CONTRACT PREMISES TO BE SERVED: Schilling Manor Sub -Poet, Salina, Saline County, Kansas CONTRACTOR: City of Salina, Saline, Kansas PREMISES ARE: Government owned ESTIMATED ANNUAL COST HEREUNDER: $67,177.00 CONNECTION CHARGE: None BILLS WILL BE RENDERED TO: Post Engineer, Fort Riley, Kansas I PAYMENTS WILL BE MADE BY: Finance and Accounting Officer, Fort Riley, Kansas This negotiated contract is made pursuant to the provisions of (10 U. S. C. 2304 (a) (10)). CHARGEABLE: 21-9770700 55-1003 P1910-23 514-040 W Cm7m=Pi,D "tib,$ ory .� IJ? --1t_ MEIEK WHORTOIn Contracting otiloor I e Contract No. DABE13-67-C-3757 DEPARTMENT OF THE ARMY. NEGOTIATED WATER SERVICE CONTRACT THU CONTRACT, entered into as of9r1s1 , by and between the DNITBD.STATES OF AMERICA, hereinafter called the Government, represented by the Contracting Officer executing this contract, and The City of Salina, whose address is Salina, Raneas, hereinafter called the Contactor, WTTNESSETR 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 Go-ernmen"t from the.Contractor at the premises to be served hereunder (herein°ter called the service location), all in accordance with water Service Spacifications attached hereto and made a part hereof, and identified as Exhibit "A". (b) This contract shall. continue. in effect until terE+inted 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 pEAd 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 te•�inatiou 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 w.thout penalty or interest and the Government shall be entitled to any disc3unte customarily applicable to payment of bills by all customers of the Contractor. 2 Contract No. DABE13-67-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. --(L) 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'billad'con- junctively. In the event arty 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 Governments 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.be 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 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. (!i) 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- 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 to 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- 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 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 ailowed 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 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 say 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 mamer con- sidered by such authority to be necessary for the national security. S. P9KIC RMLATION AND CUM OF BATES. (a) Public reguratioa.-- Service furnished under this contract shall be subject to regulation in the mmner and to the extent prescribed by law by any Federal. State, or local regulatory commission having jurisdiction. If during the terra 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. --(i) Subject to paragraph (a) of this clause, Is the event the Contractor..during the term of this contract, shall make effective my new rate schedule or amended rate schedule applicable to the class'of service furnished the Goverment 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 to 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 Nor TO 3ENEFIT. 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. COMM AGAINST CONTINGENT FEES. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure 5 DABE13'67 C 37 5 7 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 OPPORTO M. (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, (11) 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 duift 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 poet copies of the notice in conspicuous places available to employees and applicants for employment. 6 DABE13'67 C 3 7 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 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 Eire 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, of 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 bABE13167 C 3 % 5 % 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 Contrabting 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 oflaw. 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 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 (11) 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 tan 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. 0 DABE13'67 C 3 7 51 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 to 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 WrMSS WHEREOF, the parties hereto have executed this contract as of the day and year first above written. APPROVEDje�� -•--•---...__ Date: c. M. WEBB, 3R. 12M�/Bannty Army Power Procurement Officer THE UNITED STATES OF AMERICA BY 001" VhWtW HELEN WHORTON Contracting Officer CITY OF SALIVA, SALINA KANSAS BY /FB/ *# 01 014" N. D. OLSON City Manager APPROVAL CLAUSE This contract to 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 4 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 SRRVICE REQUIREMEMTJ: 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 a6 the three meter locations and to the meter locations of Buildings 348, 372, 381, 381E, 448; 455, 495, 6560 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 onjunctive - Conjunctive- 372 372 1" 1 Inside Single . 38t 2,." 1 Inside Single 381E 2" 1 Inside Single 4482" 1 Inside Single 45 2" 1 m aid\ Single 1jq; 1" 1 Ira a j Ap Singly { 656 2" 1 Inaide ' Single 671ii .2" T Tnai dpi Cingle err` Family Reg 8" 3 Outside Conjunctive i 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 DASEIM C 3 7 5 Exhibit '.'B" Attached to and made part of Contract No. DABE13-67-C-3757 CITY OF SALIVA, 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: Minimum. Per C *First 2000 Cu. Ft, or 15,000 Gals. @ 250 per C Cu. Ft, or 33,330 per M/Gals. 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. @ 1940 per C Cu. Ft, or 25.33 per M/Gals. 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 35q 500 46.66C. 3,750 3/4" $2.45 35q 700 46.66e, 5,250 1" $4.20 35C 1,200 46.660 99000 1}" $7.70 35C 20200 46.661 16,500 2" $11.20 350 3,200 46.664 249000 3" $16.30 32.60 5,000 43.46* 37,500 4" $27.20 30.20 - 9,000 40.290 670500 6" $46.50 27.30 17,000 36.476 1279500 8" $78.08 24.40 32,000 30.730 2409000 *Multiple consumers served by a master. meterare charged at 250 per C Cu. Ft. or 33.330 per M Gals, for all water consumed in excess.of the minimum. 7k gallons per cubic foot • • DABE13'67 C 3 7 31 RESIDffiPTLAL AND COMWERCIAL CONSM49RS OUTSIDE CITY: *First 2000 Cu. Ft. or 15,000 Gale. @ 31.250 per C Cu. Ft, or 41.660 per M/Gals. Nest 3000 Cu. Ft, or 229500 Gals. @ 27.50o per C Cu. Ft. or 36.660 per M/Gals. Next 5000 Cu. Pt, or 37,500 Gale. @ 23.750 per C Cu. Ft. or 31.660 per M/Gals. All over 10000 Cu. Ft, or 75,000 Gals. @ 18.750 per.0 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" $3.50 700 500 93.320 39750 3/4" $4.90 700 700 93.320 5,250 1" $8.40 700 1,200 93.320 99000 WO $15.40 700 20200 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 179000 72.940 127,500 8" $156.16 48.80 323,000 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.