HomeMy Public PortalAbout140-2014 - Sanitary-Stormwater - Environmental Service Group - Lab Services - 2015ORIGINAL
AGREEMENT
THIS AGREEMENT made and entered into this day of �- MV"kti 2011jand
referred to as Contract No. 140-2014 by and between the City of Richmond, Indiana, a
municipal corporation acting by and through its Board of Sanitary Commissioners and its Storm
Water Management Board (hereinafter referred to as the "City") and Environmental Service
Group Laboratories, 5940 West Raymond Street, Indianapolis, Indiana 46241 (hereinafter
referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to perform various laboratory analysis, pick-up, and reporting
services on wastewater samples and other polluted water samples, consisting of
industrial/domestic wastewater, treatment plant wastewaters, river water and digester sludges.
A Request for Quotes containing Certain Specifications sent out October 31, 2014 has been made
available for inspection by Contractor, is on file in the offices of the Department of Sanitation
for the City of Richmond, is attached as Exhibit "A," consisting of five (5) pages, and is hereby
incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the
same.
The response of Contractor to said Request for Quotes is attached hereto as Exhibit `B", which
Exhibit is dated November 13, 2014, consisting of five (5) pages, and is also hereby incorporated
by reference and made a part of this Agreement.
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
The Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all work specified.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance and/or
warranties;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2);and
3. A purchase order has been issued by the Purchasing Department.
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of
the City of Richmond. The Contractor shall provide, at its own expense, competent supervision
of the work.
SECTION III. COMPENSATION
City shall pay Contractor at a per -unit cost as specified in Exhibit `B" in a total sum not to exceed
Thirty -Five Thousand Five Hundred Fifty -Four Dollars and Zero Cents ($35,554.00) for
complete and satisfactory performance of the work required hereunder.
Contract No. 140-2014
Page 1 of 6
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective January 1, 2015 and expire December 31, 2015; subject,
however, to the City's sole right to extend the Agreement, upon the same terms for one (1)
additional one-year period.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its
obligations under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or incomplete in
any material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work
performed prior to the effective date by Contractor, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties
by setting forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property or any other claims which may arise from the Contractor's conduct or
performance of this Agreement, either intentionally or negligently; provided, however, that
nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts
of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this
Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set
forth below which may arise out of or result from the Contractor's operations under this
Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may
be held responsible.
Coveraze Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
Page 2 of 6
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,
before commencing work under this Agreement, provide the City a certificate of insurance, or a
certificate from the industrial board showing that the Contractor has complied with Indiana Code
Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation law, Contractor may choose to comply with all
provisions of its home state's worker's compensation law and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law.
SECTION VIL COMPLIANCE WITH INDIANA E-VERIFY PROGRAM
REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall
provide to the City its signed Affidavit affirming that Contractor does not knowingly employ
an unauthorized alien in accordance with IC 22-5-1.7-I1 (a) (2). In the event Contractor
violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than
thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to
remedy the violation within the thirty (30) day period provided above, the City shall consider
the Contractor to be in breach of this Agreement and this Agreement will be terminated. If
the City determines that terminating this Agreement would be detrimental to the public
interest or public property, the City may allow this Agreement to remain in effect until the
City procures a new contractor. If this Agreement is terminated under this section, then
pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual
damages.
Page 3 of 6
SECTION VIII. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged
in investment activities in Iran. In the event City determines during the course of this
Agreement that this certification is no longer valid, City shall notify Contractor in writing of
said determination and shall give contractor ninety (90) days within which to respond to the
written notice. In the event Contractor fails to demonstrate to the City that the Contractor has
ceased investment activities in Iran within ninety (90) days after the written notice is given to
the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-
16.5. In the event the City determines during the course of this Agreement that this
certification is no longer valid and said determination is not refuted by Contractor in the
manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be
in breach of this Agreement and terminate the agreement upon the expiration of the ninety
(90) day period set forth above.
SECTION IX. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting
on behalf of Contractor or any sub -contractor shall not discriminate against any employee or
applicant for employment to be employed in the performance of this Agreement, with respect to
hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly
related to employment, because of race, religion, color, sex, disability, national origin, or
ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
1. That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person
acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of
race, religion, color, sex, national origin or ancestry against any citizen of the State of
Indiana who is qualified and available to perform the work to which the employment
relates;
2. That Contractor, any sub -contractor, or any person action on behalf of Contractor
or any sub -contractor shall in no manner discriminate against or intimidate any employee
hired for the performance of work under this Agreement on account of race, religion,
color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar
day during which such person was discriminated against or intimidated in violation of the
provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all monies
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
Page 4 of 6
SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same from all liability for negligence which may arise in the course of Contractor's
performance of its obligations pursuant to this Agreement. Contractor agrees to, and shall, keep
and maintain its insurance at the levels Contractor submitted on its current Certificate of
Insurance that was filed with its proposal, which certificate is attached hereto as Exhibit `B," and
said level will remain in place for the duration of the Project and Agreement. Contractor shall
submit to City, on the date of the signing of this Agreement and annually thereafter, if extended
by City, proof of insurance coverage.
SECTION XII. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. It shall be
controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It
constitutes the entire Agreement between the parties, although it may be altered or amended in
whole or in part at any time by filing with the Agreement a written instrument setting forth such
changes signed by both parties.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising
under this Contract, if any, must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts.
Any person executing this Contract in a representative capacity hereby warrants that he has been
duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this
Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is
filed.
In the event that an ambiguity or question of intent or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
Page 5 of 6
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Sanitary Commissioners
-9 c
By: 455g/ L.--- �—
�Sue Miller, President
Date:
THE CITY OF RICHMOND,
INDIANA by and through its
Storm Water Management Board
LN
Stephanie Hays-Mussoni, President
Gilbert Klose, Vice President
Sue Miller, Member
Date:
APPROVEBQ�� 4?jz!�
Sarah L. Hutton, Mayor
Date: a�
"CONTRACTOR"
ENVIRONMENTAL SERVICE GROUP
LABORATORIES
Printed:( :o.0
Title:
Date: �&e[/S—
Page 6 of 6
0
PRICE REQUEST
s
V O
CITY OF RI CH M OND
DEPARTMENT OF SANITATION THIS I S NOT A N ORDER
23t10 LIBERTY AVENUE.PoCHMCND, INDIANA 47374
R-IONE f7W 983.7450, FAX (765) 962-M
.�. - F��4�.s:,.....,. .. ..-.".4i�._:::a�.w•..v::a:�»at:.a_<xmrF..E_s..u>.si`Sa9�
VENDOR INSTRUCTIONS
This Is a request for a price for the services of materials
Environmental ServiceGroup described below. Any additional specifications may be
5940 West Raymond Street attached hereto. This is NOT an order and the City reserves
the right to accept all or part, or decline the entire proposal.
Indianapolis, Indiana46241 Please complete your full name and phone number below
with signature; itemize all prices and charges where
requested; and attach any explanation for any substitution to
specifications altered. Return In a sealed envelope, In care of
Richmond Sanitary District Board of Commissioners to
the administration building at the address above by the
specified date and time to be considered.
DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED:
October 31, 2014 9:00 A.M. on November 14, 2014 UPON RECEIPT OF INVOICE DELIVERED
DESCRIPTION
This is a request for quotes for 2015 CONTRACT LAB DUTIES, Please see attached specifications and bid sheets
All E-Verify requirementswill apply to thisquote.
Please include a Certification of Insurance (including Worker's Compensation) and Warranty information with quote.
Return the quote i n a seal ed envelope addressed to:
Quote Valid Until a 2015"-
If you have any questions pleasdicaiiiTim Orrill at 765-983-7447
STATE TAX EXEMPTION # 003121909-001
Richmond Sanitary District
Richmond Sanitary District
Deni se Johnson, Customer Servi ce M anEger
2380 Li berty Avenue
Richmond, IN 47374
Re. 2015 Laboratory
NAME OF FIRM QUOTING: 406,14 *A4F G��P.
d,b,a Nd�Ra.i,��E,�rltc sE.e%r� GRayP
BY: y C`
AUTHORIZED BY SIGNATURE
L.48�2►4-Ta2.���1�
TITLE
DATE PHONE NUMBER
Exl�l®IT PAGE I OF �
City of Richmond, Richmond Sanitary District
2015 Contract Laboratory Request for Quote
The Richmond Sanitary District, City of Richmond, Indiana, is requesting price quotations for the
analysis of wastewater samples and other polluted water samples, consisting of industrial/domestic
wastewater, treatment plant wastewaters, river water and digester sludges. Bids will be awarded on the basis
of QA/QC information and overall pricing. The chosen vendor will be required to sign a City contract prior to
conducting analytical work described in this request. The contract period will be one year, with a City
(Richmond Sanitary District) option to renew the contract annually for one (1) additional one-year tenn.
The quotation must contain costs on an individual parameter basis and extended cost for each of the four
groups identified as WWTP, IndustriaUDomestic, River and Digester. Please use the attached Bid Price
Schedule (4 pages) to indicate per unit and extended costs. Please note the total number of parameters and
organic analyses identified in.this quote request and attached Bid Price Schedule are estimates based on
historical trends and anticipated future needs, and are not to be construed in any way as a guarantee of the
volume of work to occur during the contract period.
The quotation must include EPA approved analytical method used for each analysis, a copy of your
QA/QC standard operating procedures and a copy of your DMRQA proficiency study results for the last
three years. All analytical work must produce the lowest possible detection limits, or at least be equal to the
detection limits noted in the tables below.
The quoted costs must include all necessary sample bottles and weekly sample pick-up at our location at
2380 Liberty Avenue, Richmond, Indiana. The analytical results must be submitted to us by email or fax
within 14 working days of receipt of the samples. The final report must be received as an original signed
copy with the chain -of -custody report attached.
This quote request and the attached Bid Price Schedule include the test parameters that are expected to be
present during the contract period. However, a situation may arise where analysis of a test parameter not
indicated in this request is desired. Please provide a complete schedule of charges for all work and
services performed by your facility for items not identified in this quote request.
Please contact Tim Orrill at (765) 983-7447 or torrill@richmondindiaiia.gov richmondindiana.gov if you have questions.
EXHIBIT A PAGE :I OF 5
Richmond Contract Lab Quote Request, p.2
WASTEWATER TREATMENT PLANT
Influent/Final Effluent: 52 times / year (two locations-104 individual samples 1104
parametersl)
parameter
Amenable CN-
detection limit NO)
<0.004
Influent/Primary/
Secondary/Final Effluent: 6 times / year (four locations-24 individual samples per parameter f432
parameters])
parameter
detection limit NO)
Arsenic
0.0100
Mercury (245.1)
0.0002
Cadmium
0.0100
Chromium
0.020
Copper
0.0050
Lead
0.0010
Molybdenum
0.020
Nickel
0.020
Zinc
0.020
Selenium
0.005
Antimony
0.010
Beryllium
0.004
Silver
0.005
Thallium
0.010
Hardness (CaCO3)
50.0
TKN
0.100
Nitrate -Nitrite Nitrogen
0.500
Total Dissolved Solids
1.0
COD
10.0
Oil and Grease
10.0
Influent/Final Effluent: 2 times / year (two locations-4 individual samples plus required QC samples 14
parameters
parameter
Mercury (163) Rev E)
detection limit (n ljl
0.05 - 1.0
Influent/Final Effluent: 4 times / year (two locations-8 individual samples per Analytical Method 124
Analytical Method complete scans)
parameter
VOCs (Method 624) plus TICS*
Acid Extractables/
Base -Neutral Compounds (Method 625)
detection limit &9/1)
lowest achievable —must stipulate
plus TICS* lowest achievable —must stipulate
Pesticide/PCBs (Method 608) plus lowest achievable —must stipulate
TICs*
EXHIBIT jj- PAGE ;2) 0 F--,!�-
Richmond Request for Quote, p.3
INDUSTRIAL /DOMESTIC
3 times /year (25 locations-75 individual samples per parameter [1425 parametersj)"
parameter
Arsenic
detection limit oug
0.0100
Mercury (245.1)
0.0002
Cadmium
0.0100
Chromium
0.020
Copper
0.0050
Lead
0.0010
Molybdenum
0.020
Nickel
0.020
Zinc
0.010
Oil & Grease
10.0
Total Cyanide
0.0050
Total Phenols
0.0050
Aluminum
0.050
Selenium
0.005
Silver
0.005
TKN
0.10
Nitrogen as Nitrate
0.20
Ammonia—N
0.10
1 time / year (20 locations-20 individual samples per Analytical Method [60 Analytical Method complete
scans)
parameter
y0 s (Method 624)
Acid Extractables/
Base -Neutral Compounds (Method 625)
Pesticide/PCBs (Method 608)
detection limit (pg/l)
lowest achievable --must stipulate
lowest achievable —must stipulate
lowest achievable —must stipulate
EXHIBIT PAGE SOP S 1
Richmond Request for Quote, p.4
RIVER SAMPLES
2 times /year (eleven locations-22 individual samples per parameter 1440 parameters])
narnmefe► defection limit 6ag4L
Arsenic
0.0100
CBOD5
2.0
Cadmium
0.0100
COD
10.0
Conductivity
10.0 umhos/cm
Chromium
0.020
Copper
0.0050
Total Hardness
50.0
Mercury (245.1)
0.0005
Ammonia—N
0.100
Nickel
0.020
Nitrate -Nitrite
0.500
Oil & Grease
10.0
Lead
0.0010
Total Cyanide
0.0050
Total Kjeldahl Nitrogen
0.100
Total Phosphorus as P
0.010
Total Suspended Solids
1.00
Zinc
0.010
DIGESTER SAMPLES
6 times/year (5 locations approximately 178 total analysis)
parameler
Fecal Coliform
Solids, Percent Total
Arsenic
Cadmium
Copper
Lead
Mercury
Molybdenum
Nickel
Selenium
Zinc
Polychlorinated biplienyis (PCBs)
Total Nitrogen
Ammonia Nitrogen
Nitrate Nitrogen
Phosphorus
Potassium
PAN Calculations Anaerobic and Aerobic (utilizes TKN)
Volatile Acids
Alkalinity (as CaCO3)
40-Day VSR
Volatile Organics plus TICs*
Base/Neutral/Acid Extractables plus TICs"
Pesticides/Herbicides plus TICs*
F.ia01
"TICs refer to "Tentatively Identified Compounds"
NOTE: All results except volatile acids and alkalinity must be reported on wet weight AND dry weight basis
EXHIBIT --�L PAGE 5 OF S
ESG Laboratories
6940 West Raymond Street
Indianapolis, IN 46241
Phone(317)290-1471 Fox(317)290-1670
11/13/2014
Denise Johnson
City of Richmond
Department of Sanitation
2380 Liberty Avenue
Richmond, IN 47374
Subject: 2015 laboratory Price Quotation
ESG Laboratories is pleased to provide the.following quotation .for analysis of WWTP,
domesticrindustrial wastewater, river sampling and digester analysis for the 2015 calendar year. . .
Pricing includes all necessary sample bottles plus weekly. pickup at.2380 Liberty Avenue,
Richmond, Indiana. Reports will be delivered by e-mail or FAX within 14 working days of receipt of
samples. The final report will consist of an original signed copy with chain'of custody attached.
We appreciate the opportunity to provide this pricing to you. • .If you have. any questions or
comments, please contact me at (317) 290-1471.or by e-mail at: rbische(a7astburyprouo.com
Thank you,
Mr. Ray C. Bische
Laboratory Manager
ESG Laboratories
RCB
Enclosures:
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