HomeMy WebLinkAboutProfessional Services Agreement - RoadBotics, Inc. - 2018 Road Surface Condition Assessment Pilot Program1316 COUNTY -CH Y BuiLDINO
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SOUTH RFND. INDIANA 46601-1930
CITY OF Sou,rH BEND Pf--,,TE BLJTTI(3[PC,, MAYOR
BBC ARD OF PUBLIC WORKS
August 14, 2018
Ryan Gayman
RoadBotics, Inc.
6401 Penn Avenue, 3 d Floor
Pittsburgh, PA 15206
RE: Professional Services Agreement
Dear Mr. Gayman:
PHONE 574/235-9251
FAX 574/ 235-9171
The Board of Public Works, at its meeting held on August 14, 2018, approved the
agreement regarding the 2018 Road Surface Condition Assessment Pilot Program in the
amount of $33,000,
Enclosed please find the original of the agreement for your signature. Please sign and return
the original agreement to our office and retain a copy 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
G AR Y A. G i t,or SUZANNA M. FRITZBERG Ei.,iZABETI i A. MARADIK JAMEs A. Mtj[,'LLER I'll E'R FSE J. DORAU
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement For Professional Services (this "Agreement") is entered into on August
14, 2018 (the "Effective Date"), by and between the City of South Bend, acting by and through its
Board of Public Works (the "City"), and RoadBotics, Inc., a Delaware corporation with its
registered office address at 6401 Penn Avenue, 3rd Floor, Pittsburgh, Pennsylvania 15206 (the
"Provider") (each a "Party" and collectively the "Parties").
For and in consideration of the mutual covenants and promises contained herein, the Parties
agree as follows:
I. Services. The Provider will provide to the City the professional services (the
"Services") set forth in the Provider's proposal attached hereto as Exhibit A (the "Proposal"),
which Proposal is incorporated herein. In the event of any conflict between the terms of this
Agreement and the terms of the Proposal, the terms of this Agreement will prevail. The Provider
will execute its obligations under this Agreement in accordance with the prevailing professional
standard of care for projects of similar design and complexity.
2. Compensation. In exchange for the Provider's satisfactory performance of the
Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider
the Program Fee stated in the Proposal (the "Contract Amount") in accordance with the project
budget stated in the Proposal. The City will pay the Contract Amount in installments upon
invoicing by the Provider as set forth in the Proposal (each a "Contract Installment"), The City
will not be required to pay any Contract Installment if the City is not satisfied with the Provider's
performance under this Agreement or any default or breach of this Agreement by the Provider
exists, as the City may determine in its sole discretion. The sum of all Contract Installments will
not exceed the Contract Amount, and the Provider will not incur or seek reimbursement for any
expenses in excess of the Contract Amount.
3. Term; Termination. Unless earlier terminated in accordance with its terms, this
Agreement will commence on the Effective Date and end upon the Provider's satisfaction of all
its obligations hereunder and the City's final payment therefor. Notwithstanding the foregoing,
effective immediately upon delivery of a written termination notice to the Provider, the City may
terminate this Agreement, in whole or in part, for any reason, if the City determines that such
termination is in the best interest of the City. In addition, in accordance with Ind. Code 6-1.1-18,
payments are subject to appropriation by the City. If the City makes a written determination that
funds are not appropriated or are otherwise unavailable to support the continuation of this
Agreement, it shall be cancelled, A determination by the City that funds are not appropriated or
are otherwise unavailable to support the continuation of performance shall be final and conclusive.
The City will not be required to pay any Contract Installment or be otherwise liable for any cost
associated with the Provider's performance of any Services after the effective date of termination.
4. Remedies for Breach of Contract. Failure to complete the Services in accordance
with this Agreement will be considered a material breach. In the event of such breach, the City
may suspend all payments to the Provider and may pursue any and all remedies available at law
or in equity. The Provider shall repay to the City any portion of the Contract Amount expended
24203589.2
for matters not within the scope of the Services.
5. Point of Contact. The City employee identified in Section 10 below will serve as
the City's principal point of contact for purposes of this Agreement.
6. Relationship. The Provider shall at all times be an independent contractor for the
performance of the Services rather than an employee of the City, and no act or omission to act by
the Provider shall in any way bind or obligate the City. This Agreement is strictly for the benefit
of the Parties and not for any third party or person. This Agreement was negotiated by the Parties
at arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to
consult with independent legal counsel. Neither party shall maintain that the language in the
Agreement shall be construed against any signatory hereto. The City and the Provider hereby
renounce the existence of any form of agency relationship, joint venture, or partnership between
the Provider and the City and agree that nothing contained herein or in any document executed in
connection herewith shall be construed as creating any such relationship between the City and the
Provider.
7. Indemnification of City. The Provider hereby agrees to defend, indemnify, and
hold harmless the City, its officials, employees, and agents from any and all claims of any nature
which arise from the performance by the Provider under this Agreement and from all costs and
attorney fees in connection therewith, excepting for claims arising out of the negligence of the
City, its officials, directors, employees, and agents. The obligations of the Provider under this
section shall survive the termination of this Agreement.
&. Work Product; Ownership', License to Data. The Provider will submit its work
product (including, but not limited to, Data (as defined below)) to the City in accordance with the
terms of the Proposal and this Agreement. Subject to the terms hereof and of the Proposal,
Provider hereby grants to City a perpetual, non-exclusive, non-transferrable license, without the
right to sublicense, to access all product image data and map files corresponding to a single
complete RoadBot assessment (the "Data"). City hereby acknowledges and agrees that Provider
owns all proprietary rights, including, without limitation, all patent, copyright, trade secret,
database rights, trademark, know-how and other intellectual property rights in and to the Data
necessary to grant the licenses and offer the services contemplated by this Agreement and the
Proposal (collectively, the "Provider Intellectual Property"). Sponsor agrees that except as
expressly set forth herein, Provider will retain such ownership in and to the Provider Intellectual
Property, together with any related corrections, bug fixes, enhancements, updates, feedback,
comments, bug reports, test results, suggestions or other modifications thereto, whether made by
City, Provider, or any third party. Additionally, City hereby agrees that the license granted under
this Agreement does not provide City with title to or ownership of the Data, but only a right of
limited use thereof under the terms and conditions of this Agreement. Under no circumstances
shall City sell, license, sublicense, publish, display, distribute, assign or otherwise transfer to any
other party the Data, or any copy thereof, in whole or in part, accept as permitted in this Agreement.
City agrees that Provider may develop one or more databases containing the Data and may analyze,
sell, or redistribute the Data or any part thereof.
9. Assignment. The Provider shall not assign or subcontract the whole or any part of
2
24203589.2
this Agreement or its obligations hereunder without the prior written consent of the City.
10. Notices. Any notice required or permitted to be delivered hereunder shall be
deemed to be delivered, whether or not actually received, when deposited in the United States
Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to
the City or the Provider, as the case may be, at the address set forth below.
Provider: City:
RoadBotics, Inc. City of South Bend
6401 Penn Avenue, 3rd Floor 731 S Lafayette Blvd.
Pittsburgh, PA 15206 South Bend, IN 46601
Attn: CEO Attn: Derick Roberts
11. Equal Opportunity; Non -Discrimination; Compliance. The Provider shall comply
with all applicable laws and regulations in its hiring and employment practices and policies for
any activity covered by this Agreement. The Provider shall comply with all state, federal, and
municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement
including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non-
discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the
government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new
employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions
is incorporated herein as if set forth in full, and the Provider certifies that it is in compliance with
each such provision and shall remain in compliance through the term of this Agreement.
12. Contractor's Affidavit. The Provider agrees, as a condition precedent to the
effectiveness of this Agreement, that its authorized representative will execute and submit to the
City and any other appropriate bodies an affidavit in the form attached hereto as Exhibit B.
13. Drug -Free Workplace. The Provider hereby agrees to make a good faith effort to
provide and maintain a drug -free workplace. The Provider will give written notice to the City
within ten (10) days after receiving actual notice that the Provider or an employee of the Provider
within the State of Indiana has been convicted of a criminal drug violation occurring in the
workplace.
14. Entire Agreement; Amendment-, Applicable Law, This Agreement sets forth the
entire agreement and understanding between the parties as to the subject matter hereof, and merges
and supersedes all prior discussions, agreements, and understanding of any and every nature
between them. This Agreement may be amended only by separate writing, signed by authorized
representatives of both the Provider and the City. This Agreement will be construed and
interpreted according to the laws of the State of Indiana, and any dispute arising out of this
Agreement or otherwise concerning the Provider's rendering of the Services will be resolved in
the courts located in St. Joseph County, Indiana, unless the Parties mutually agree to a different
method of dispute resolution.
15. Seyerability. All provisions of this Agreement shall be considered as separate terns
and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other
24203599.2
provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable
provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a
material provision of this Agreement, in which case the Provider and the City agree to amend this
Agreement with replacement provisions containing mutually acceptable terms and conditions.
16. Force Majeure, The Provider shall not be responsible for any failure or delay in the
performance of any obligation hereunder, if such failure or delay is due to a cause beyond the
Provider's reasonable control, including, but not limited to acts of God, flood, fire, volcano, war,
third -party suppliers, labor disputes or governmental acts.
[Signature page follows.]
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement For Professional
Services to be effective as of the Effective Date stated above.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
z� dj
m�
Gary Gilot, President
Therese Dorau, Member
Maradik, Member
James Mueller, Member
ATTEST:
inda Martin, Cle k
ROADBOTICS, INC.,
a Delaware corporation
By:
Printed:
4
24203589.2
Its:
3000.00000015490n41.001
24203589,2
EXHIBIT A
Proposal
[See attached.]
24203589.2
RoadBotics
Proposal
RoadBotics, Inc. ("RoadBotics") located at 6401 Penn Ave., V Floor, Pittsburgh, PA 15206
will provide to the City of South Bend at 227 W. Jefferson Blvd, Ste 1316, South Bend, IN
46601 access to certain services ("Services") pursuant to the provisions of this Agreement
("Agreement") as outlined below. RoadBotics and Customer agree as follows:
1. General Terms.
In consideration of the payment for the assessment specified below, RoadBotics will provide
Customer access to Roadway, its innovative pavement monitoring and management platform as
part of its Program as further outlined in this agreement. The Services will include all components
listed in Addendum A.
2. Specific Terms.
Customer shall have access to the RoadWay platform along with specific Customer data collected
for the period specified in Addendum A. Customer owns any RoadWay assessments specified in
Addendum A. Customer hereby grants RoadBotics a perpetual, non-exclusive license to access,
analyze, use internally, and publish or display on its own websites, any RoadWay assessments
specified in Addendum A. Additionally, RoadBotics grants to Customer a perpetual, non-
exclusive, non -transferable license to use, analyze, and publish or display on its websites, any
complimentary images or visualizations provided by RoadBotics in conjunction with Customer's
purchased assessments. Customer shall have access to the RoadWay platform along with access
to any specific components specified in Addendum A for the period specified in Addendum A
3. Fees and Payments.
3.1 Customer shall pay to RoadBotics a Fee of $33,000.00 upon signing this agreement. All fees
shall be paid within thirty (30) days of the date of invoice.
3.2 Interest shall accrue on the amount of any payment obligation not paid when due at a rate equal
to the lower of (i) 1.0% per month or portion of a month; or (ii) the highest rate permitted by law.
In addition, RoadBotics may suspend its performance under this Agreement if Customer fails to
comply with any part of its payment obligation.
4. Warranties.
RoadBotics will use reasonable commercial efforts to make the Services available during the term
specified. In the event of breach of this warranty for the Services, RoadBotics's sole and exclusive
obligation, and Customer's sole and exclusive remedy, shall be to refund the applicable portion of
the Program Fee applicable to the Services for the period such Services were not available because
of breach by RoadBotics.
H
RoadBotics
5. Limitation of Liability.
ROADBOTICS's LIABILITY FOR DAMAGES ARISING OUT OF, RELATING TO OR IN
ANY WAY CONNECTED WITH THIS AGREEMENT SHALL IN NO EVENT EXCEED THE
SUBSCRIPTION FEES PAID BY CUSTOMER TO ROADBOTICS FOR THE APPLICABLE
SERVICES. THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY SET FORTH IN
THIS SECTION. CUSTOMER ACKNOWLEDGES THAT WITHOUT ITS AGREEMENT TO
THE LIMITATIONS CONTAINED HEREIN, THE FEES CHARGED FOR THE SERVICES
WOULD BE HIGHER.
6. Confidentiality.
"Confidential Information" means all confidential and proprietary information of a party (the
"Disclosing Party") disclosed to the other party (the "Receiving Party"), whether orally or in
writing, including but not limited to the terms and conditions of this Agreement business and
marketing plans, technology and technical information, product designs, and business processes.
Confidential Information shall not include any information that (i) is or becomes generally known
to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the
Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation
owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without
breach of any obligation owed to the Disclosing Party; or (iv) is received from a third party without
breach of any obligation owed to the Disclosing Party. The Receiving Party shall not disclose or
use any Confidential Information of the Disclosing Party for any purpose outside the scope of this
Agreement, except with the Disclosing Party's prior written permission. If the Receiving Party is
compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the
Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted)
and reasonable assistance, at Disclosing Patty's cost, if the Disclosing Party wishes to contest the
disclosure. If the Receiving Party discloses or uses (or threatens to disclose or use) any
Confidential Information of the Disclosing Party in breach of confidentiality protections
hereunder, the Disclosing Party shall have the right, in addition to any other remedies available to
it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties
that any other available remedies are inadequate.
7. Miscellaneous.
7.1RoadBotics may identify Customer as a customer of RoadBotics, including a general
description of the products and services provided by RoadBotics to Customer. Subject to APRA
and the terms of section 6 of this Proposal, Neither party will disclose the pricing or other specific
terms of this Proposal without the prior written consent of the other party except as may be required
by law.
7.2 All provisions of this Agreement shall be considered as separate terms and conditions, and in
the event any one shall be held illegal, invalid or unenforceable, all the other provisions hereof
shall remain in full force and effect as if the illegal, invalid, or unenforceable provision were not a
part hereof, unless the provision held illegal, invalid or unenforceable is a material provision of
this Agreement, in which case RoadBotics and Customer agree to amend this Agreement with
replacement provisions containing mutually acceptable terms and conditions.
7.3 The parties hereunder are independent contractors. Neither party shall have any right to
assume, create, or incur any expense, liability, or obligation, express or implied, on behalf of the
-2-
RoadBotics
other party. This Agreement is not intended to be nor shall it be construed as a joint venture,
association, partnership or other forms of a business organization or agency relationship.
7.4 This Agreement,constitutes the entire Agreement between the Customer and RoadBotics with
respect to the subject matter hereof, and no waiver, modification, alteration or amendment of any
of the terms or conditions hereof shall be effective unless and until set forth in a writing duly signed
by authorized representatives of RoadBotics and Customer.
7.5 RoadBotics shall not be responsible for any failure or delay in the performance of any
obligation hereunder, if such failure or delay is due to a cause beyond RoadBotics's reasonable
control, including, but not limited to acts of God, flood, fire, volcano, war, third -party suppliers,
labor disputes or governmental acts.
7.6 All notices to either party shall be in writing and delivered by hand or by certified mail or
overnight delivery service to the address set forth by Customer or RoadBotics or to such other
address as either party shall give by notice to the other party. Notices shall be effective when
delivered to the applicable address.
7.7 The provisions of Sections 3, 4, 5, 6, and 7 of this Agreement shall survive the expiration or
termination of this Agreement for any reason
Addendum A
RoadBotics Current Service and Cost
is
Roadway Pavement Map containing images of the road every 3m. Every
Assessment. Roadway point on the map can be visualized independently and
Insights has a corresponding timestamp of when it was
(Rw Insights) collected. Data is retained for 3-years. Each section of
Iroad is scored using our advanced Al according to a 1-5
scale that runs from good condition to poor condition.
Tools are provided for both planning and maintenance
activities to allow users to hone in on sections of road
that require attention are need to be replaced in long-
term budget planning.
RoadBot Full Service
Co
RB will arrange for our own trained service
professionals to perform comprehensive data collection.
Data will be collected efficiently and affordably while
maintaining rigorous standards of quality to ensure the
best product deliverable.
-3-
RoadBotics
Local Data Backu
Complete Local Backup! RoadBotics will provide a hard drive containing a
of Product Data complete backup of all product image data and map
files corresponding to a single complete RoadBot
assessment. RoadBotics hereby grants an individual
license to the data in such copies with the limitation
that you may not resell any data without the express
prior written permission of RoadBotics.
$500/Hard
Drive/Assessment
RoadBotics
Addendum A
RoadBotics Pricing
Proposed Roads:
RoadBotics will assess 550 Centerline Miles of roads Once within the boundary of the City of
South Bend, IN provided by the customer.
RoadBotics Service and Cost:
$33,000.00 for 550 Centerline Miles per scan.
RoadWay Assessment Critical dates
Contract Sign Deadline: To guarantee the pricing proposed in this offering, the contract must be
signed by July 10, 2018
Anticipated Assessment Execution. Start Date: August 15, 2018**
RoadBotics Assessment Delivery Deadline: September 15, 2018
* *Weather conditions might delay the assessment start date. RoadBotics will contact the
customer if any such condition arises.
Program Period:
One year from the date of delivery of the first assessment and credentials.
Contract Sign Deadline:
To guarantee the pricing proposed in this offering, the contract must be signed by July 10, 2018
-5-
wr
RoadBotics
RoadBotics Policy Regarding Ridership with Drivers
RoadBotics frequently receives requests from customers to inspect the data collection process or
to ride with data collection personnel while they are collecting data. Though we would like to
accommodate these requests, for a variety of reasons including insurance risks and liability
concerns, we are unable to accommodate such requests.
RoadBotics is happy to provide you with detailed explanations of the data collection process,
including sample data collection videos, or to otherwise answer questions or address concerns
you may have with this process. Feel free to reach out to your dedicated account manager or
contact us at info c roadbotics.com with any questions or concerns you may have.
We thank you for your understanding.
Sincerely,
Team RoadBotics
-6-
EXHIBIT B
Contractor's Affidavit
[See attached.]
24203589.2
Wien 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 )
} SS:
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-Coltusion Non -Debarment Affidavit Novi Iran Form
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-Dabamient Affidavit Non Iran Foriu
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
(I.C. 5-16-$-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 day of , 20_
Contractor/Bidder (Firm)
Signature of Contractor/Bidder or Its Agent
Printed Name and Title
Subscribed and sworn to before me this day of , 20_
My Commission Expires
Notary Public
County of Residence
Non -Collusion Non -Debarment Affidavit Non Iran Fowm
Date
Name
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
8/7/18
Derick RobertslTerri Swift
Department PWIStreets
BPW Date Phone Extension 7567
® Agreement
❑ Contract U Proposal LJ Addendum
❑ Professional Services
❑ Resolution
❑ Bid Opening
❑
Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑
Quote Opening
❑
Quote Award
❑
Change Order No.
❑
CIO & PCA No. ❑PCA
❑
Ease/Encroach.
❑ Traffic Control
❑ Other:
Required Information
Company or Vendor Name
RoadBotics
New Vendor
❑ Yes ® No ❑ If Yes, Approved by Purchasing
MBEIWBE Contractor
❑ MBE ❑ WBE
MBEIWBE Contractor
Requested ❑ No ❑ Yes Name of Company
Project Name
2018 Road Surface Condition Assessment
Project Number
Funding Source
MVH
Account No.
202-0607-431.31-06
Amount
33,000.00
Terms of Contract
Purpose/Description
To provide additional assessment tool for road surface condition —
Pilot Program
❑ Required Contractor's Certification Form Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.
Required ForChange Orders Only
Amount of ❑
❑
Increase $
Decrease $
Previous Amount
$
Current Percent of Change: %
New Amount
$
Total Percent of Change: %
Dispersal After Approval
Copy Original
❑ ❑
Roger Nawrot
❑ ❑
Tara Wiegand
❑ ❑
Terri Swift