HomeMy WebLinkAboutProposal Agreement - Keramida Inc - Groundwater Data at Organic Resources Facility1316 COUNTY-0TY BUILDING
227 W, JEFFERSON BOULEVARD
Sotn'i i BEND. INDIANA 46601-1830
CITY OF SOUTi-i BEND PETE BLJTTtCjIEC,, MAYCO
BOARD OF PUBLIC WORKS "I
April 10, 2018
Brian Harrington
Keramida, Inc.
401 North College Avenue
Indianapolis, N 46202
RE: Proposal Agreement
Dear Mr. Harrington:
PHONE 574/235-9251
FAX 574/ 235-9171
The Board of Public Works, at its meeting held on April 10, 2018, approved the above
referenced agreement regarding the statistical evaluation of groundwater data from the
closed biosolids landfill at the Organic Resources Facility in the amount of $4,700.
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: Michelle Smith, Utilities
Emily Leyes, Utilities
GARY A, Gii,m' SUZANNA M. FRITZE3Eiw ELIZAfflrrij A. MARADIK JAMEs A. MUELLER THERESE J. DORAIJ
fmm KERAMIDA
ENGINEERS • SCIENTISTS . PLANNERS
GLOBAL, EHS & SUSTAINABILITY SERVICES
a
March 22, 2018.
Ms. Michelle Smith
City of South Bend — Environmental Services
3113 Riverside Drive
South Bend, Indiana 46628
401 North College Avenue
Indianapolis, Indiana 46202
(317) 685-6600 * Fax (317) 685-6610
1-800-508-8034
ilifo@keramida.com . www.keramid,a.com
Re: Proposal for Statistical Analyses of Groundwater Sampling Events
Organic Resources Facility -- Closed Bioso➢ids Landfill
4340 Trade Drive, South Bend, Indiana
I-ERAMIDA Proposal No. P21656
Dear Ms. Smith:
In accordance with your request, I<MRAMIDA Inc. (KE�RAMIDA) has prepared this proposal and
cost estimate to perform statistical analyses and reporting of groundwater analytical data to be
collected by others from the monitoring well network located at the Organic Resources
Facility's closed biosolids landfill, located at 4340 Trade Drive in South Bend, Indiana. Details of
the work to be performed are presented in the following sections.
BACKGROUND
There is an ongoing groundwater monitoring program at the Organic Resources Facility's closed
biosolids landfill at 4340 Trade Drive in South Bend, Indiana. Sampling events are scheduled for
May and October 2018, and will be performed by the City of South Bend. According to the
Closure/Post-Closure Plan that was approved by the Indiana Department of Environmental
Management (IDIOM) in January 2008, `...the Facility must determine whether there is a statistically
significant increase (or increase/decrease in the case of pF1) over the background for each Phase I or
Phase II parameter..." In addition, the Facility must also perform an annual inspection of the
landfill (Biosolids Lagoon #4). The inspection is not included in KERAMIDA's proposed scope of
work.
It is IRAMIDA's understanding that the groundwater sampling field activities will be performed
by the City of South. Bend. Following completion of each sampling event (May 2018 and October
2018), the City of South Bend will provide the groundwater data to I-ERAMIDA..
KERAMIDA will then evaluate the data to determine whether there is a statistically significant
increase over background values for each constituent listed in Section E9, Ground Water
Monitoring Requirements of the January 14, 2008 IDEM approval letter. The evaluation will be
performed for wells MW-4, MW-5R, MW-7R, MW-8, MW-9R, MW-11, MW-1, and MW-13.
INCREASING (BUR CLIP'NTS'PROFITABILITYTHROUGH SMART CONSUL TING IM
ENGINEERS • GEOLOGIST'S • SCIENTISTS • SAFETY PROFESSIONALS • INDUSTRIAL HYGIENISTS + TOXICOLOGISTS • MODELING EXPERTS
INDIANAPOLI'S, IN * ELKHART, IN * CINCINNATI, Off * CHICAGO, IL * NEW YORK, NY' 9 SACRAMENTO, CA * LOS ANGELES, CA * PITTSBURGH, PA
Ms. Michelle Smith
March 22, 2018
KERAMIDA Proposal No. P21656
Pave 2
KERAMIDA will use the same statistical program (DUMPStat) and statistical procedures and
methodologies used in previous years. The intent of the evaluation is to provide a ninety-five
percent (95%) level of confidence to determine if a change in the concentration of a constituent has
occurred or if groundwater quality standards have been exceeded, based on the information
obtained during sampling, as well as the results of previous sampling events by the City of South
Bend. KERAMIDA will follow the guidelines set forth by the IDEM's Analytical Data Deliverable
Requirements.
KERAMIDA will summarize the results of each statistical evaluation in a semi-annual Statistical
Evaluation Report, which will present the results of the statistical evaluation, along with the
distribution assumptions. Each report will be submitted to the City of South Bend in draft form for
review and comment. Three paper and two electronic copies of the final report will then be
submitted to the City of South Bend, who will be responsible for forwarding the document to the
IDEM.
Costs are included in this proposal to perform two separate statistical evaluations (one following
each of the two 2018 sampling events) and prepare two separate semi-annual Statistical Evaluation
Reports.
COST ESTIMATE
The estimated cost to complete the scope of work detailed in this proposal is $4,700 as detailed in
Table 1 below. All costs will be invoiced on a lump sum basis, with billing for each semi-annual
statistical analysis concurrent with submittal of the report. Other terms and conditions will be in
accordance with the attached KERAMIDA Standard Terms and Conditions.
Table 1
Item
Cost
Statistical Analyses & Semi -Annual Reports
Anal sis/Re ort #1
$ 2,350
Anal sis/Re ort 42
$ 2,350
ESTIMATED PROJECT TOTAL
$ 4,700
SCHEDULE
KERAMIDA will initiate work on this project immediately upon issuance of a Purchase Order
(P.O.) from the City of South Bend. The first statistical analyses will be initiated after receipt of the
May 2018 analytical data from the City of South Bend.
M.r. Allicbelle Sv ilh
Alai -eh 22, 2018
KERAWIDA I?mpo,sal No. P21656
]lane .3
e look forward to the opportunity to continue to assist you with this project. If your have any
questions, please call ine at (3I7) 685-6616.
Sincerely,
KERAMIDA Inc.
Brian Harrington
Vice President
Enclosures
4Cm
401 Nol-th College Avenue
KERAMIDA Indianapolis, Indiana 46202
ENGINEERS • SCIENTISTS - PLANNERS (317) 685-6600 • Fax (317) 685-6610
1-800-508-8034
GLOBAL EHS & SUSTAINABCILTTY SER`v'ICES info cr keramida.com a www.keramida.com
AUTHORIZATION SHEET
Project Name: Call of',S`outh Bend — .17,owler.Biosofids Lcrrrcfll
Description of Services: 2018 Se.Uzi-.Annual Sta is ical l rra#se.r/ Aefioaing
Project Location: 4340 Tiade Drive, South Bend, Indiana 46628
Proposal No. and Date: P21656, Alairh 22, 2018
FOR APPROVAL, AND PAYMENT OF CHARGES: If approval and payment are not dandled by the Same
individual, please indicate the appropriate name(s).
Firm/Company:
Address:
City/State:.
Attention:
Email:
0-'y of Solid) Beare!— 1 nvialauaaaerrtal Services
3113 Rh)erside Dive
Seath Bend, Indiana
Ms. Michelle 3vuli'.a
rya,g�arit/a�a).�orit/�d�errtla'ir.k�r�a,
PAYMENT TERMS:
Zip: 46628
Phone: (57) 235-57.97
Project Cost (Lump Sum): $4,700 (billed as detailed below)
Semi -Annual Event #1 - $2,350 lump sum following report submittal
Semi -Annual Event 42 - $2,350 lump sutra following report submittal
Retainer Fees — A retainer in the amount of $0 is to be paid to ICE RAMIDA prior, to the commencement of
the work, with the remainder of the fees due when invoiced upon completion of the project. For on -going
projects, the remainder of the fees will. be billed monthly based upon work performed.
Professional Fees & Expenses — If payment is by credit card., please use: American Express, Visa or.
MasterCard. Please call our office with credit card information for payment. A late payment charge of 1.5% per
month will be added, if payment is not made within 30 days after invoice date.
PROJECT ACCEPTANCE: Ti-,e `T'erms and Conditions of this Proposal, including the Terms on this page
and the attached General Terms and Conditions are:
Accepted this day of , 201.8.
.PP. '
Print or type name of authorized representative and title o-iM
Signature of authorized representative
INCREASING OUR CLIENTS' PROFITABILITY
rVa
ENGINEERS • GEOLOGISTS • SCIEN'CIS'F'S + SAFETY PROFESSIONALS + INDUSTRIAL HYGIENISTS T'S • 'TOXICOLOGISTS MODELING EXPERTS
INDIANAPOLIS, IN • ELKHART, IN « CINCINNATI, OH + CHICAGO, IL 9 NEW YORK, NY + SACRAMENTO, CA • Lo5 ANGELES, CA 9 PITTSBURGH, PA
4rm KERAMIDA
..Am ENGINEERS - SCIENTISTS * PLANNERS
GLOBALEHS, &SUSTAINABILITY SERVICES
1, SERVICES TO BE PROVIDED. KERAMIDA Inc., as an independent consultant, agrees to provide Client for
its sole benefit and exclusive use, consulting services set forth in our Proposal.
2. VALIDITY OF PROPOSAL. It is understood that this proposal is valid for a period of ninety (90) days. Upon
the expiration of that period of time, KERAMIDA Inc. reserves the right to review the proposed basis of
payment and fees, to allow for changing costs, as well as to adjust the time of performance to conform to work
loads,
3. DEFINITIONS. When used herein, the terms "we", "'us"', or "our" refer to Consultant and the terms "you",
1 91
your" he", "his", "it" and "its" refer to Client,
4, RIGHT OF ENTRY & RIGHT TO PROCEED. Client grants a right of entry from time to time to Consultant
and Consultant's agents, staff, consultants, and contractors or sub -contractors, for the purpose of performing
and with the right to perform all acts, studies, and research including without limitation the making of tests and
evaluations, pursuant to the agreed services. To the extent that the work to be performed for the: Client requires
access to property or real estate owned by other parties, Client shall have responsibility for obtaining proper
permission, right of way, easements, or other agreements to allow us to go on site and perform any necessary
work.
5. PAYMENT. Invoices will be, submitted on a monthly basis. Client agrees to pay invoice upon receipt. Should
payment not be received within 30 days, the amount due shall bear a service charge of 1 1/2 percent per month
or the maximum permissible under state law, whichever is less. In addition, KERAMIDA Inc., shall be entitled
to recover all costs of collection, including court costs and reasonable attorney fees. If Client has any objections
to any invoice or part thereof submitted by Consultant, he shall so advise us in writing giving his reasons within
14 calendar days of receipt of such invoice. No deduction shall be made from Consultant's invoice on account
of penalty, liquidated damages, or other sums withheld frown payments to contractors or others. Payment of the
invoice shall constitute final approval as to all aspects of the work performed to date as well as the necessity
thereof. In addition, KERAMIDA Inc. may, after giving 14 calendar days written notice, suspend services under
any agreement until all past due accounts have been paid.
G. SCOPE, (a) The proposed fees constitute our best estimate of the charges required to complete the project as
defined. Except as provided in Paragraph 6(b) the project scope will not be altered without mutual agreement.
For many projects such as those involving process development work, planning work, or environmental impact
assessments, all activities are often initially not fully definable. As the project progresses, the facts uncovered
may dictate a change in direction, which may alter the scope. KERAMIDA Inc, will promptly inform the client
of such situations so that negotiation of change in scope can be accomplished as required.
(b) Costs and schedule conimitments shall be subject to renegotiation for unreasonable delays caused by the
client's failure to provide specified facilities or information, or for delays caused by unpredictable
occurrences, for force majeure, such as fires, floods, strikes, riots, unavailability of labor or materials or
services, process shutdown, acts of God or of the public enemy, or acts of any governmental agency.
Temporary work stoppage caused by any of the above may result in additional cost (reflecting a change in
scope) beyond that outlined in this proposal.
BILLING. Where the method of contract payment is on a time -and -material basis, the following provisions
shall apply:
(a) The ininii-raim time segment for charging of field work is four (4) hours. The minimum time segment
for charging of work done at the Kerarnida Environmental office is one-half hour. There is no premium
charge for overtime. Where applicable, rental charges will be applied to the project to cover the cost of
pilot -scale facilities or sophisticated apparatus, instrumentation, or technical equipment.
KERAMIDA Terms and Conditions
Page 2 of 4
(b) Expenses properly chargeable to the work shall include: travel, transportation and living expenses of
personnel when away from the office on business connected with the project; telephone and FAX charges;
computer use charges; shipping and production costs; reproduction work; field equipment use charges; and
expendable materials and supplies purchased specifically for the project. A ten percent (10%) service
charge of these services will be billed to the client.
S. SUBCONTRACTORS. When a subcontractor is used by KERAMIDA Inc. (such as laboratories, well drillers,
etc.), a ten percent (10%) service charge of the subcontractor's invoice will be billed to Client.
9. TERMINATION. This agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this agreement through no fault of the
terminating party, providing that no such termination may be effected unless the other party is given: (1) not
less than fourteen (14) calendar days written notice of intent to terminate, and (2) an opportunity for
consultation with the terminating party prior to termination. A final invoice will be calculated on the first or
fifteenth of the month (whichever comes first) following the effective date of cancellation.
(a) Where method of contract payment is based on time and materials, the final invoice will include all
services and direct expenses associated with the project up to the effective date of cancellation, plus 3
percent of the billings to such date as a closeout cost.
(b) Where method of contract payment is "lump sum', the final invoices will be based on the percentage of
work completed to the effective date of cancellation, plus 3 percent of the billings to such date as a closeout
cost.
(c) Where method of contract payment is cost plus a fixed fee, the final invoice will include all costs to date
of termination and a pro-rata share of the fixed fee plus 3 percent of the billings to such date as a closeout
cost.
The closeout cost referred to in subparagraphs 9a, b, and c is not to be considered as a penalty, but
represents an allowance for demobilization of personnel and equipment and shut -down costs not available
on short notice.
10. DAMAGE AT SITE. We will not be liable for any property damage or bodily injury arising from damage to or
interference with surface or subterranean structures (including, without limitation, pipes, tanks, telephone
cables, etc.) which are not called to our attention in writing and correctly shown on the plans furnished by
Client in connection with work performed under this Agreement. Client recognizes that the use of exploration
and test equipment may unavoidably affect and/or alter the terrain and affect subsurface, vegetation, buildings,
structures and equipment in, at, or upon the site. Client accepts the fact that this is inherent to our work and will
not hold us liable or responsible for any such effect and/or alteration.
11. STANDARD OF CARE AND WARRANTY. Professional services provided by KERAMIDA Inc. will be
performed, findings obtained, and recommendations prepared in accordance with generally accepted
professional practices.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED
12. INSURANCE. KERAMIDA Inc. maintains workers' compensation and employer's liability insurance for our
employees as required by state laws. In addition, we maintain automobile liability insurance with a $1,000,000
limit, general liability insurance with a $1,000,000 limit for each occurrence and an aggregate limit of
$2,000,000, and professional liability insurance for errors and omissions, as well as pollution liability coverage,
with a per occurrence limit of $1,000,000 and an aggregate limit of $2,000,000. KERAMIDA carries,
furthermore, excess umbrella liability insurance with an aggregate limit of $9,000,000, bringing the total
coverage to $10,000,000. A Certificate of Insurance can be supplied evidencing such coverage. We will not be
liable or responsible for any loss, damage, or liability beyond the amounts, limits, coverage, or conditions of
such insurance specified above.
13. SAMPLE HANDLING AND RETENTION. Generally, test samples or specimens are consumed during the
conduct of tests by laboratories. Client will be responsible for any sample residue disposal costs, should such
costs be charged by the laboratory.
KERAMIDA Terms and Conditions
Page 3 of 4
14. HAZARDOUS SUBSTANCES AND CONSTITUENTS. Client agrees to advise us upon execution of this
Agreement of any hazardous substances or any condition existing in, on, or near the site presenting a potential
danger to human health, the environment, or equipment. Client agrees to keep Consultant informed on this
issue, as new information becomes available to the Client in the future. By virtue of entering into this
Agreement or of providing services hereunder, we do not assume control of or responsibility for the site or the
person in charge of the site, or undertake responsibility for reporting to any federal, state or local public
agencies any conditions at the site that may present a potential danger to public health, safety or the
environment. Client agrees to notify the appropriate federal, state or local public agencies as required by law, or
otherwise to disclose, in a timely manner, any information that may be necessary to prevent any danger to
health, safety, or the environment. In connection with hazardous waste, Client agrees to the maximum extent
permitted by law to defend, hold harmless and indemnify Consultant from and against any and all claims and
liabilities resulting fiom:
(a) Client's violation of any federal, state or local statute, regulation or ordinance relating to the disposal of
hazardous substances or constituents;
(b) Client's undertaking of or arrangement for the handling, removal, treatment, storage, transportation or
disposal of hazardous substances or constituents found or identified at the site;
(c) Changed conditions or hazardous substances or constituents introduced at the site by Client or third
persons before or after the completion of services herein.
(d) Allegations that Consultant is a handler, generator, operator, treater or storer, transporter, or disposer of
hazardous waste under any Federal, State or local statute and/or regulation.
15, UNFORESEEN OCCURRENCES. If, during the performance of services, any unforeseen hazardous
substances or constituents or other unforeseen conditions or occurrences are encountered which, in our sole
judgment significantly affect or may affect our services, the risk involved in providing our services, or the
recommended scope of services, we will promptly notify Client thereof. Subsequent to that notification,
Consultant may:
(a) If practicable, in our sole judgment, complete the original Scope of Services in accordance with the
procedures originally intended in the Proposal;
(b) Agree with Client to modify the Scope of Services and the estimate of charges to include study of the
previously unforeseen conditions or occurrences, such revision to be in writing and signed by the parties
and incorporated herein; or
(c) Terminate the services effective on the date specified by us in writing.
16. DOCUMENTS. Client will furnish or cause to be furnished such reports, data, studies, plans, specifications,
documents and other information deemed necessary by us for proper performance of our services. We may rely
upon Client -provided documents in performing the services required under this Agreement; however, we
assume no responsibility or liability for their accuracy. Client -provided documents will rernain property of
Client. All documents, including but not limited to, drawings, specifications, reports, boring logs, field notes,
laboratory test data, calculations and estimates, prepared by us as instruments of service pursuant to this
Agreement, shall be our sole property. Client agrees that all documents of any nature fivnished to Client or
Client's agents or designees, if not paid for, will be returned upon demand and will not be used by Client for any
purpose whatsoever. Client further agrees that under no circumstances shall any documents produced by us
pursuant to this Agreement be used at any location or for any project not expressly provided for in this
Agreement without our prior written permission. If Client uses all or any portion of our work on another project
without our permission, Client shall, to the maximum extent permitted by law, save us harmless from any and
all claims arising from such unauthorized reuse. Further, no part of any document we deliver to Client shall be
reproduced or distributed, whether for advertising, use by another company (other than a company affiliated
with Client or hired by Client) or for any other purpose, without our prior written consent. Any such
reproduction or distribution shall be at Client's sole risk and without liability or legal exposure to Consultant.
KERAMIDA Terms and Conditions
Page 4 of 4
17. KERAMIDA WEBSITES. KERAMIDA Inc., along with its subsidiaries and affiliates, provides the
information and services on its World Wide Web site(s) (the "Site") under the certain terms and conditions
("Terms of Use"), located online at https://portal.keramida.cony/Content/docs/K-Port_Terms_of Use.pdf. By
executing any document to which these General Terms and Conditions are incorporated, and/or by accessing
and/or using the Site, you indicate your acceptance of and agreement to be bound by these Terms of Use.
18. FIELD REPRESENTATIVE. The presence of our field personnel will be for the purpose of providing
observation and field testing of specific aspects of the project. Should an independent contractor be involved in
the project, our work does not include supervision or direction of the actual work of the contractor, his
employees or agents, unless otherwise explicitly stated in our Proposal. The independent contractor should be
so advised. The contractor should also be informed that neither the presence of our field representative nor the
observation and testing by us shall excuse contractor in any way for defects discovered in contractor's work.
Client expressly agrees to require all other independent contractors to provide Client with information regarding
hazardous substances or constituents brought onto the site by the independent contractor. Client further agrees
to advise us of all information regarding hazardous substances or constituents brought onto the site by any
independent contractor.
19. SEVERABILITY. In the event that any provision herein shall be deemed invalid or unenforceable, the other
provisions hereof shall remain in full force and effect, and binding upon the parties hereto.
24. SURVIVAL. All obligations arising prior to the termination of this Agreement and all provisions of this
Agreement allocating responsibility or liability between Client and Consultant shall survive the completion of
the services and the termination of this Agreement.
21. INTEGRATION. This Agreement and the documents attached hereto and which are incorporated herein
constitute the entire Agreement between the parties and cannot be changed except by a written instrument
signed by both parties.
22. TAXES. If the services covered by this contract are subject to local or state taxes or fees (except state income
taxes), such additional costs will be charged to the project and be subject to reimbursement.
23. GOVERNING LAW. This Agreement shall be governed in all respects by the laws of the State of Indiana.
VK
1/2017
When the prospective Contractor is unable to certify to any of the statentents 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 7.
SS:
C� 6K--COUNTY
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that:
I. 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 ]ran 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.
K 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-Debannent Affidavit Non Iran Forra 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,
1, 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
(I.C. 5-16-8-1). 1 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 said for
public works are true and correct.
4
Dated this JoQ�' day of )0140'Ok , 2 0
d �g.
a F 0
Contractor/Bidder (Firm)
Signature of Cdditractor/Riddej 01 its Agent
C
4 ,
Printed Name and title
L
Subscribed and sworn to before me this _422_4 f MaAA—fA 20 ?
5),
My Commission Expires a�� �J 2'5t6 oa'5
JAM E M WARREN V Vary Pub1N
Notary Public -Seal County of Residence
Morgan County-- State of Indiana
Comrrus5ion Number 704665
My Commission Expires Aug 28, 2025
1=
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
3/28/18
Michelle Smith
Department Util
BPW Date 4/10/18 Phone Extension 5994
Legal Attorney Name Clara McDaniels
Controller review is required for all Contracts $5,000.00 or more
Controller El and greater than one year in length per the City Purchasing
Policy
Purchasing F1
n Agreement
F-1 Professional Services
R Bid Opening
F] Quote Opening
El Chg1 Order No.
Ease./Encroach.
Other:
Company or Vendor Name
New Vendor
FARTNINVO11111130711107 on
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
R Contract
[I Amendment
El Bid Award
El Quote Award
No
El Traffic Control
El Req. to Advertise
F1 Title Sheet
KERAMIDA
El Yes ❑ if Yes, Approved by Purchasing
No
❑ MBE Completed E-Verify Form Attached F] Yes
WBE 0 No
Statistical Analyses of Groundwater Sampling Events
Organic Resources Other Contractual
641-0631-793-63-3,5
Purpose/Description IDEM required statisticali evaluation for groundwater data from
closed biosolids landfill at Organic Resources Fag lit
For Change Orders ON
Amount of F1 increase $
[:1 Decrease $
Previous Amount $
Current Percent of Change: % . .... .... ... . ...... ........ . . ..... . .....
New Amount $
Total Percent of Change: °l®
Time Extension:
Dispersal After Approval
Copy Original
❑ Z Brian Harrington - KERAMIDA
0 Emily Leyes, — Utility Fiscal Officer
El