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HomeMy WebLinkAboutPSA - CWA Consulting Services LLC - Technical Re-Evalution of Local Limits for the Division of Utilities' Industrial Users1316 COUNTY -CITY BUILDING 227 W. JEFFERsoN BOULEVARD SouTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS March 28, 2017 Curt McCormick CWA Consulting Services, LLC PO Box 620848 Littleton, Colorado 80162 RE: Professional Services Agreement Dear Mr. McCormick: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on March 28, 2017, approved the above referenced agreement regarding the technical re-evaluation of local limits for the Division of Utilities' industrial users in the amount, not to exceed, of $27,000. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Lauren Trapp, Environmental Services Al Greek, Environmental Services Manny Bueno, Environmental Services Carol Kurzhal, Environmental Services GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMEs A. MUELLER THERESE J. DORAu PROFESSIONAL SERVICES AGREEMENT DOCUMENTS FOR INDUSTRIAL PRETREATMENT PROGRAM SUPPORT BETWEEN City of South Bend, Indiana and CWA Consulting Services, LLC. AGREEMENT FOR CONSULTANT SERVICES This AGREEMENT is made and entered into this on the28thof March , 2017 by and between the City of South Bend, Indiana, acting through its Board of Public Works, hereinafter referred to as "City" and CWA Consulting Services, LLC, hereinafter referred to as "Consultant." The City wishes to secure consultant services for the Industrial Pretreatment Program, hereinafter referred to as "PROJECT." The City and Consultant agree as follows: Objectives. The Consultant shall serve as the City's consultant of record and shall give advice to the City during performance of services to which this Agreement applies. All services shall be performed by the Consultant. 2. Basic Services. a. The Consultant will perform the services as part of this agreement as set forth in Exhibit A, which is incorporated herein by this reference as if set forth in full herein. However, should any term and condition in the Exhibit contradict a term of this Agreement, the terms and conditions of this Agreement shall control. b. The Consultant will not change its Project Manager without written approval from the City. City Responsibility. a. The City shall designate a Project Manager to act as the City's representative with respect to the work performed under this Agreement. b. The City shall give prompt written notice to the Consultant whenever the City observes or otherwise becomes aware of a problem with the project. 4. Authorization, Progress and Completion. By execution of this Agreement, the City grants to the Consultant specific authorization to proceed, upon written notice, with the services described in Exhibit A of this Agreement, and shall continue until completed. All documents and materials shall be prepared in a timely manner, adhering to the schedule set forth in Exhibit A. Compensation. a. Compensation for services performed as described in paragraph 2, for the duration identified in paragraph 4 of this Agreement shall be payable on a time and expense basis not to exceed. The charge for services breakdown is as shown on Exhibit A for a total not -to -exceed figure of $ 27,000. This total not to exceed figure includes costs as well as fees. A City business license, if required and travel are not included in this not -to -exceed amount. b. Invoices for services rendered shall be submitted monthly. Payment by the City will be made within thirty (30) calendar days of receipt. 6. Special Services. No additional services shall be performed and no additional compensation shall be permitted without a City approved written "Supplemental Agreement". Such supplemental agreement must be executed prior to the commencement or performance of any additional work. 7. Records to be Maintained by Consultant. a. The Consultant shall maintain records supporting requests for payment. Such records shall be available for inspection and audit by the City, and the Consultant shall provide duplicate copies of all such records upon request by the City. b. The information, conclusions and data generated during this Agreement by the Consultant is for the exclusive use of the City. The Consultant may not use this information, conclusions or data for any purpose other than to further the requirements of this Agreement. The Consultant may not produce papers for professional journals or presentations for conferences without written permission and active participation by the City Project Manager. Ownership of Documents. Originals of all records, reports and other documents of service prepared by the Consultant shall be property of the City. All said documents of service shall be made available to the City during the course of and for use in the performance of this Agreement or in connection with the improvements contemplated by this Agreement. The City shall respect all copyrighted material. 9. Skill Level of Consultant. Service performed by Consultant will be conducted in a manner consistent with that level of is and skill ordinarily expected by members of the profession currently practicing in this area under similar conditions. Consultant shall be responsible for the professional quality and technical accuracy of all services furnished by Consultant. 10. Insurance. a. Industrial Insurance. If the Consultant hires employees, the Consultant agrees to obtain Worker's Compensation & Employer's Liability Insurance and provide proof of coverage to the City. Commercial General Liability: Consultant shall maintain at least $2 million (each occurrence) for personal injury and $4 million general aggregate. The Consultant will have auto liability covered in the General Liability Policy with non -owned and hired auto liability included of no less than $1,000,000 combined single limit. The Consultant shall include the City as an additional insured for the General Liability Insurance where the work is authorized under a contract or agreement. c. Professional Liability: Consultant will maintain professional liability insurance during the term of this Agreement for at least $1 million per claim and $2 million as an aggregate d. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and endorsements within three clays of the effective date of this Agreement. Failure to provide such insurance certificates or maintain insurance shall be a cause to terminate the Agreement. 11 Indemnification. a. To the fullest extent permitted by law, the Consultant shall indemnify and hold harmless the City and its officers and employees (collectively "Indernnitees") from any liabilities, damages, losses, claims, actions or proceedings, including, without limitation, reasonable attorneys' fees, that are caused by the negligence, errors, omissions, recklessness or intentional misconduct of the Consultant or the employees or agents of the Consultant in the performance of this Agreement. b. The Consultant assumes no liability for the negligence or willful misconduct of any indemnitee or other consultants or contractors of indemnitee. C. The Consultant's indemnification obligations for claims involving "Professional Liability" (claims involving acts, error, or omissions in the rendering of professional services) shall be limited to the proportionate extent of Consultant's negligence or other breach of duty. 12. Taxes. Consultant shall pay any and all Federal, State and local taxes, charges, fees, or contributions required by law to be paid with respect to Consultant' s performance of this Agreement (including, without limitation, unemployment insurance, social security, and income taxes). 13. Independent Contractor. The parties agree that Consultant is an independent contractor and not a City employee and there shall be no: a. Withholding of income taxes by the City; b. Participation in group insurance plans which may be available to employees of the City; C. Participation or contributions by either the independent contractor or City to any public employees' retirement system; d. Accumulation of vacation leave or sick leave; C. Unemployment compensation coverage provided by City; 14. Notices. Any notices provided for herein shall be given in writing by certified mail, return receipt requested, by personal service or by email to: City: Lauren Trapp, Industrial Pretreatment Coordinator City of South Bend Division of Environmental Services Department of Utilities 3113 Riverside Drive South Bend, IN 46628 (574) 235-5852 ltrapp(a,southb endin. gov Consultant: Curt McCormick CWA Consulting Service, LLC P.O. Box 620848 Littleton, Colorado 80162 (720) 320-1945 Curtna,POTW.com 15. Assignment. This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This Agreement is not to be assigned by either party without prior written consent of the other. 16. Integration. This agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except by written amendment thereto signed by both parties. 17. Governing Law and Jurisdiction. This Agreement shall be administered and interpreted under the laws of the State of Indiana. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in full force and effect. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement or any provision thereof shall be instituted only in the district courts of the State of hrdiana, St. Joseph County. 18. Suspension of Work. Either party may suspend, by written notice, all or a portion of the work under this Agreement, in the event unforeseeable circumstances, beyond the control of either party, make normal progress in the performance of the work impossible. The party desiring to suspend the work must request that the work be suspended by notifying the other party, in writing, of the circumstances which are interfering with normal progress of the work. The time for completion of the work shall be extended by the number of days the work is suspended. In the event that the period of suspension exceeds ninety (90) working days, the terms of this Agreement are subject to renegotiation and both parties are granted the option to terminate work on the suspended portion of the project in accordance to Article 19 of this Agreement. 19. Termination of Work. The City may terminate, by written notice, the work under this Agreement. The Consultant may terminate work in the event the City fails to perform in accordance with the provisions of this Agreement. Termination of this Agreement is accomplished by fifteen (15) working days prior written notice from the party initiating termination to the other. Notice of the termination shall be delivered by certified mail with receipt of delivery returned to the Sender. In the event of termination, the Consultant shall perform such additional work, as is necessary for the ordinary filing of documents, and closing shall not exceed ten percent (10%) of the total time expended on the termination portion of the project prior to the effective date of termination. The Consultant shall be compensated for the terminated portion of the work on the basis of work actually performed prior to the effective date of termination, plus the work required for filing and closing. Charges for the latter work are subject to the ten percent (10%) limitation described in this Article. 20. Dispute Resolution. All claims, counterclaims, disputes and other matters in question between the City and the Consultant arising out of, or relating to, this contract or breach of it, unless otherwise settled, may be mediated before initiation of a judicial action. Unless the parties mutually agree otherwise, mediation will be in accordance with the Construction Industry Mediation Procedures of the American Arbitration Association currently in effect. The American Arbitration Association will not be used to administer or facilitate the process or the selection of the mediators. Instead, the parties will attempt to mutually agree to the appointment of one mediator. If the parties cannot agree to one mediator, each party shall select one mediator and the two mediators will appoint a third mediator. The parties agree to split the mediator(s) fees and expenses. Each party shall bear their own attorney's fees and other costs incurred for the mediation. 21. Attorneys' fees. If either party breaches this Agreement, the prevailing party in any litigation is entitled to recover its court costs and reasonable attorneys' fees. 22. Severability. If any provision contained in this Agreement is held to be unenforceable by a court of law or equity, this Agreement shall be construed as if such provision did not exist and the non -enforceability of such provision shall not be held to render any other provision or provisions of this Agreement unenforceable. 23. Due Authorization. Each party represents that all required authorizations have been obtained to execute. this Agreement and for the compliance with each and every term hereof. Each person signing this Agreement warrants and represents to the other party that he or she has actual authority to execute this Agreement on behalf of the party for whom he or she is signing. A facsimile signature on this Agreement shall be treated for all purposes as an original signature. This Agreement is executed in one duplicate original for each party hereto, and is binding on a party only when all parties have signed and received a duplicate original. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and seals the year and date first above written. CITY OF SOUTH BEND BOARD OF PUBLIC 1XIRI Gary Giil�ot, Member �^ - lk— Elizabeth Maradik, Member T erese Doran, ht6mber Suzanna Fritzberg, Member James Mueller, Member ATTEST: rt;�-N' CJ� i da M. Martin, Clerk CWA Consulting Services, LLLC Curt McCormick, Managing Member Date Industrial Pretreatment Program Support Local Limits Development for South Bend, IN CWA Consulting Services, LLC. February 28, 2017 A. Background The City of South Bend, Indiana (City) owns a Publicly -Owned Treatment Works (POTW) for providing wastewater treatment to industrial, commercial, government and residential users. The City desires to complete a local limits evaluation and development of Local Limits in accordance with the U.S. Environmental Protection Agency's (EPA) 2004 Local Limits Development Guidance document, as required by 40 CFR Section 403.5(c), 40 CFR 122.440)(2)(ii) and the City's National (Indiana) Pollutant Discharge Elimination System (NPDES) permit. The State of Indiana is the permit issuing authority for the NPDES permit. EPA is the Approval Authority for implementation and enforcement of 40 CFR Part 403. However, the State has established pretreatment program regulations (327 IAC Article 5) and requires the City to submit modifications to the State and EPA for approval per 40 CFR Section 403.18. B. Publicly Owned Treatment Works The City holds an NPDES permit for and operates the following Publicly -Owned Treatment Works (POTW) as follows: Name Permit Number Location of Treatment Works Receiving Waters Permit Effective/Expires City of South Bend 3113 Riverside Drive, South St. Joseph 12/ Wastewater IN0024520 Bend Indiana, St. Joseph River 11/30/0/21 Treatment County. Plant The City's POTW is a 48 mgd (average design flow) activated sludge treatment plant with nitrification and biological phosphorus removal. The treatment plant uses chlorination/dechlorination and does land application of sludge. The permit identifies 35 Combined Sewer Overflow locations that occur during wet weather events. This proposal does not include any other wastewater treatment plants covered by NPDES permits or groundwater permits. C. The Local Limits Project General Process a. Establish a firm project schedule and tasks. See Section D. The City projects that the project will commence on or about March 29, 2017. The City requests that a final draft of the Local Limits Report be provided by June 2, 2017. This date is conditioned on the presumption that all data is currently available or able to be generated and provided to CWACS at a reasonable date prior to June 2, 2017. b. CWACS will provide a local limits data checklist within one day of receiving a written notice to proceed and a copy of a signed purchase order or similar funding mechanism. C. City provides data/information as specified on the local limits checklist (especially for POTW influent, effluent, domestic+commercial, sludge data and hauled waste data, if applicable). d. CWACS will compile all data, review data quality for metals and priority pollutants, identify data needs and develop an initial Pollutants of Concern (POCs) list. CWACS will review lab reports and data received in spreadsheets or other formats as specified in the data checklist to identify any additional specific data needs for POCs. e. City to provide additional data, if needed. f. CWACS will develop a final Pollutants of Concern (POC) list and calculate a Maximum Allowable Headworks Loading (MARL) and Maximum Allowable Industrial Loading (MAIL) for each POC and provide the data and assumptions to the City. CWACS will identify any areas of concern. This step requires providing all data/information from the local limits checklist to be provided. CWACS calculates local limits consistent with 2004 EPA guidance. The EPA Region 5 spreadsheet is only partially consistent with the 2004 Local Limits guidance. g. CWACS will provide briefing to City staff and management on the draft local limits development and discuss the items in the local limits process that are at the discretion of the City. This step can be done via telephone or on -site. Travel costs are specified in Section F. h. CWACS will provide pros, cons and recommendations for POTW specific decisions when setting final local limits as the final local limits are refined. This includes providing recommendations on the adoption of concentration -based local limits and/or mass -based loadings, appropriate safety factors, growth factors and expansion factors on a pollutant -by -pollutant basis, as applicable. CWACS will draft legal authority language to reflect updates to local limits, including removing conflicting language and assisting in developing any specific prohibitions that are necessary to implement local limits. The Local Limits Report will include a red- line of the existing language and a copy of what the final language that will be adopted by the City. j. Develop a submittal package and respond to Approval Authority (EPA) comments and provide public notice (comment period) support. D. Project Schedule The City anticipates the local limits project to begin on or about March 29, 2017, and end on or about June 2, 2017, covering a period of 68 days. The City may extend this timeframe if the City believes it is necessary. To have a final draft on June 2, 2017, will require that all data necessary for the calculation of local limits is available at project initiation and review of drafts are completed by the City quickly. Consistent with other local limit submittals to EPA Region 5 and requirements established in NPDESpermits, CWACS believes that the requirement to submit a re-evaluation to EPA and the State is specifically met by submitting a f nal draft of the Local Limits Report and requesting informal review to resolve any comments before beginning a formal City administrative process (e.g. before processing through the City Council and making a formal submittal to EPA and the State). Completing the steps by June 2, 2017 (68 calendar days), will require the following items to be completed on or before the dates shown. The City may have to modify its expectations if additional sampling is required, complications are identified or review times cannot be met (a typical local limits project takes 6-8 months). In either case, the target timeframe shown below will require that resources at CWACS and the City be dedicated to this project during the period ofproject initiation to completing Draft I of the Local Limits. The short timeframe would prohibit more draft local limits reports to be provided. CWACS recommends timeframe flexibility to allow for more refinement to local limits drafts. Estimated Timeframes Days are calendar days. Target Target Project Steps Timeframe where Timeframe where all data is additional data is available needed Written Notice to Proceed Day 0 Day 0 CWACS provides checklist for local limits Day 1 Day 1 information. City provides data and information as By day 7 By day 7 requested by CWACS. CWACS provides initial list of Pollutants of Concern (POCs) and sampling data N/A By day 21 needed. City provides additional sampling data N/A By day 56 needs. Could take longer than shown. CWACS provides the final list of POCs By day 21 By day 70 and Draft 1 of Local Limits. City provides review and comments on By day 30 By day 79 Draft 1 of the local limits CWACS provides Draft 2 of the local By day 44 By day 93 limits for review City provides review and comments on Draft 2. Includes senior management/legal By day 54 By day 103 review. CWACS provides Final Draft intended for By day 68 By day 117 informal EPA/State review. Estimated Timeframes Days are calendar days. Target Target Timeframe where Timeframe where Project Steps all data is additional data is available needed City submits draft to EPA/state for TBD TBD informal review. EPA/state review EPA/state review timeframe timeframe CWACS provides support for EPA unknown. unknown. CWACS to questions and prepares a Final Draft for CWACS to provide Final District action. EPA often will make provide Final Draft Draft within 10 comments on multiple drafts of a within 10 days days after Submittal. after resolving resolving EPA/state EPA/state comments. comments. 1" reading by City Council TBD TBD 2"a reading by City Council. Formal After 1" reading After ls'reading submittal to EPA/State for approval with (typically at least 2 (typically at least 2 attorney statement. weeks) weeks) City Council and EPA/State approval. TBD TBD Timed to be as close together as possible. E. General Fee Schedule The total turn -key project cost is: $27,000.00 (travel not included. See travel options below). Additional general consulting support (non -enforcement) is $150/hour for supplemental pretreatment program support executed as a part of this Agreement. Local Limits Development including review of existing information and assisting in the development of a sampling plan. Includes compiling of all data, QA/QC review of data, data entry calculating local limits, reviewing and revising existing local limits ordinance language and submittal package provided with public notice support. The project cost is as follows: 1. Standard charge: $22,500.00 2. SIUs>l0 increases project price by 10%: +$2,250.00 3. POTW design flows > 35 mgd increases by 10%: +$2,250.00 If the City requires additional business licensing, the cost shall be added to the total project cost. Task Scope % of Project Cost Complete Local Limits Re -Evaluation. 100 $27,000.00 1 Receive, compile and review existing data provided from checklist. Provide sampling recommendations 35 $ 9,450.00 Task Scope % of Project Cost for the collection of additional data based upon initial Pollutants of Concern, if applicable. 2 Compile additional sampling data and provide a final 0 $ 0 Pollutant of Concern list, if needed. 3 Provide Draft 1 on Local Limits to the City. On -Site. 30 $ 8,100.00 4 Provide a draft submittal report and final draft of 20 $ 5,400.00 local limits for review. On -site 5 Provide responses to EPA on the review of the draft 10 $ 2,700.00 Submittal Report 6 Provide City Council and public notice support. 5 $ 1,350.00 Travel: Travel is optional. Some POTWs desire on -site support and other POTWs do not find necessary for a local limits project. CWACS has the following reimbursements for travel: Hotel: Actual Cost GSA Per Diem: $59.00 per day. Rental car, gas, insurance ($24.95): Actual cost. Airfare, Parking: Actual Cost Travel time: $70 per hour On -site time: First 4 hours, no charge. $150/hour beginning hour 5. When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF 610rw ) ) SS: (36-KCrbtn-N COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (LC. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this 17 day of Aggt4, 20 C% CWACaLN- ii S�! J<CPS, LLC Contractor/Bidder (Firm) Signature of Contractor/Bidder or Its Agent 6d4s A. )4f rn<<� Printed Name and Title Subscribed and sworn n7to before me this I -I* day of AK ') 20LI My Commission Expires ` Z-! " I A Notary Public County of Residence -Ne 1 1l ran AMBER NICHOLE COODY NOTARY PUBLIC Non -Collusion Non-DebannenlAllidavit Non Inanrorm2016 STATE OF COLORADO NOTARY ID 20154029786 MY COMMISSION EXPIRES 07/2912019 INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENVIRONMENTAL SERVICES TO: Members of the Board of Public Works Eric Horvath, Director of Public Works Michael Schmidt, Board of Public Works Attorney FROM: Al Greek, Division Director of Utilities Lauren Trapp, Industrial Pretreatment Coordinator SUBJECT: Professional Services Agreement Documents Industrial Pretreatment Program Support 2017 DATE: March 20, 2017 The Division of Utilities is requesting the Board of Public Works approval to enter into a Professional Services Agreement with CWA Consulting Services for Industrial Pretreatment Program Support. CWA Consulting Services has completed the Project Proposal for the subject project. The project is intended to assist the Division of Utilities with its assessment of wastewater sampling data for the technical re-evaluation of Local Limits for its Industrial Users. The funding source for the project is Contractual Service, Other (Account641-0630-793-63-35). If there are any questions regarding the subject project, please contact AI Greek (Ext. 4210) or Lauren Trapp (Ext. 5852) at the Division of Utilities. Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM 3/20/17 Lauren Department Div. of Utilities BPW Date 3/28/2017 Phone Extension 5852 Required Prior to Submittal to Board Legal ® Attorney Name Michael Schmidt Controller ® Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ® Director of Financial Services Carol Kurzhal Check the Appropriate Item Type — Required for All Submissions ❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum ® Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control ❑ Other: Company or Vendor Name CWA Consulting Services New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name INDUSTRIAL PRETREATMENT PROGRAM SUPPORT 2017 Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Service Other Lump sum, not to exceed. (Task list per agreement) approval to enter into a Professional Services Agreement with CWA Consulting Services for the Technical Re -Evaluation of Local Limits for its Industrial Users. ® Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment. E-Verifv. Iran. etc.) Amount of ❑ Increase ❑ Decrease Previous Amount $ Current Percent of Change: New Amount Total Percent of Change: Copy Original ® ❑ ® ❑ AI Greek Bueno Carol Ku For Change Orders Dispersal After Approval