City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
CONTRACT NUMBER MA#106-498482
BETWEEN
CITY OF ANAHEIM
AND
HPS WEST, INC.
FOR
WATER METERS
This Contract MA#106-498482 for Water Meters, (hereinafter referred to as “Contract”) is made and entered into as of the date fully executed by and between the City of Anaheim, a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and th e Charter City of Anaheim, (hereinafter referred to as “City”), with a place of business at 200 S. Anaheim Blvd, Suite 620, Anaheim, CA 92805 and HPS West, Inc , (hereinafter referred to as “Contractor”), with a place of bus iness at 1180 E Francis St. Suite F, Ontario, CA 91761, with City and Contractor sometimes individually referred to as “Party”, or collectively referred to as “Parties”.
ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:
Attachment A – Scope of Work
Attachment B – Pricing, Payment, and Compensation
RECITALS
WHEREAS, the City of Anaheim/Central Purchasing Office, on behalf of the Anaheim Public Utilities (APU) department solicited a competitive Invitation for Bids (IFB No. RQM SY2500886) for Water Meters under a firm fixed unit cost Contract; and
WHEREAS, the Contractor responded to the solicitation for Water Meters and represented that its proposed materials shall meet or exceed the requirements of the solicitation; and, WHEREAS, the City desires to enter into Contract MA #106-498482 for Water Meters with the Contractor as further set forth in this Contract and subsequent attach ments, effective on the date of full execution, for a one (1) year period with four (4) optional one (1) year renewals; and, WHEREAS, the Contractor agrees to furnish and deliver Water Meters based on the Scope of Work, attached hereto as Attachment A; and
WHEREAS, the City agrees to pay Contractor based on the schedule of fees set forth in Pricing, Payment, and Compensation, attached hereto as Attachment B; and, NOW, THEREFORE, the Parties mutually agree as follows:
City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
ARTICLES
I. General Terms and Conditions:
A. Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and ex clusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedur e Section 394. Furthermore, the Parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another County.
B. Entire Contract: This Contract contains the entire Contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, subs titutes or revisions are valid or binding on City unless authorized by City in writing. Electronic acceptanc e of any additional terms, conditions, or supplemental Contracts by any City employee or agent shall not be valid or binding on City unless accepted in writing by City’s Purchasing Agent or designee.
C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the Parties; no oral understanding or agr eement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing.
D. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment.
E. Delivery: Timely delivery of Water Meters is of the essence in this Contract. City reserves the right to refuse any commodities and services and to cancel all or any pa rt of the commodities not conforming to applicable specifications, drawings, samples or descriptions or ser vices that do not conform to the prescribed scope of work. Acceptance of any part of the order for commodities shall not bind City to accept future shipments nor deprive it of the right to return commodities already a ccepted at Contractor’s expense. Over-shipments and under-shipments of commodities shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete until all commodities or services have actually been received and accepted in writing by City.
F. Acceptance Payment: Unless otherwise agreed to in writing by City, 1) acceptance shall not be deemed complete unless in writing and until all the commodities/ services have actually been received, inspected, and tested to the satisfaction of City, and 2) payment shall be made in arrears after satisfactory acceptance.
G. Warranty: Contractor expressly warrants that the goods cove red by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Accepta nce of this order shall constitute an agreement upon Contractor’s part to indemnify, defend and hold City and its indemnities as identified in Article “Z” harmless from liability, loss, damage and expen se, including reasonable counsel fees, incurred or sustained by City by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety a nd Health Act (OSHA) and the Califor nia Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.
H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
materials in the performance of this Contract. Cont ractor warrants that any materials as provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement containe d in Article “Z” below, it shall indemnify, defend and hold City and City Indemn itees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.
I. Assignment: The terms, covenants, and conditions contai ned herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of the Parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Cont ractor without the express written consent of City.
Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of City shall be invalid and shall constitute a breach of this Contract.
J. Non-Discrimination: In the performance of this Contract, Cont ractor agrees that it will comply with the requirements of Section 1735 of the California Labor C ode and not engage nor pe rmit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical cond ition, marital status, or sex of such persons.
Contractor acknowledges that a violation of this provis ion shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.
K. Termination: In addition to any other remedies or rights it may have by law, City has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of Contractor. Exercise by City of its right to terminate Contract shall relieve City of all further obligation.
L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
M. Independent Contractor: Contractor shall be considered an independent contractor, and neither Contractor, its employees, nor anyone working under Contractor sha ll be considered an agent or an employee of City.
Neither Contractor, its employees, nor anyone work ing under Contractor shall qualify for workers’ compensation or other fringe benefits of any kind through City.
N. Performance Warranty: Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to City’s satisfaction . Contractor shall be responsible for the professional quality, technical assurance, timely completion, a nd coordination of all documentation and other commodities/services furnished by Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good an d workmanlike manner; shall furnis h all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain a nd maintain all permits and licenses required by public authorities, including those of City required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.
O.
Bonding and Insurance Requirements: Some procurements may require bonding and/or insurance. Specific requirements will be stated in the applicable bid docume nts. In the event bonding is required, bonds shall be submitted in a form acceptable to the City (samples will be included in the documents). Checks or letters of credit will not be accepted in lieu of bonding. When work is performed on City property, the City’s standard insurance requirements (shown below) will apply, unless otherwise indicated in the bid specifications.
City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
Comprehensive General Liability Insurance: In an amount no less than $2,000,000 per occurrence/ $4,000,000 Aggregate. This coverage is primary over any coverage maintained by the City. Auto Liability Insurance: In an amount no less than $2,000,000 per occurrence combined single limit (CSL).
Workers’ Compensation Insurance: as required by State statutes and employer liability coverage in an amount no less than $1,000,000. A waiver of subrogation is required for Workers’ Compensation coverage.
Coverage Minimum Limits
Commercial General Liability $2,000,000 occurrence
$4,000,000 aggregate
Automobile Liability including
coverage for owned, non-owned and
hired vehicles
$2,000,000 combine single limit per
occurrence
Workers’ Compensation Statutor y
Employers’ Liability Insurance $1,000,000 per occurrence
Contractor is responsible for all deductibles and self-insured retentions, which if exceeds $10,000, must be disclosed to the City prior to the inception of this Agreement.
With the exception of Workers’ Compensation insurance coverage, the City must be included as an Additional Insured. All policies shall provide for a minimum of 30 days’ written notice of any voluntary material change to or termination of any required coverage as submitted to the City. Insurance policies to be in an acceptable form issued by companies acceptable to the City’s Risk Manager.
Insurance certificates should state:
City of Anaheim
Attn: Purchasing Division
200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Insurance certificates should be emailed to [email protected]
P. Changes: Contractor shall not make changes to the work or perform any additional work without City’s specific written approval.
Q. Change of Ownership/Name, Litigation Status, Conflicts with City Interests: Contractor agrees that if there is a change or transfer in ow nership of Contractor’s business prior to completion of this Contract, and City agrees to an assignment of Contract pursuant to Article “I” above, the new owners shall be required under the terms of sale or other instruments of transfer to assume Contractor’s duties and obligations contained in this Contract and complete them to the satisfaction of City.
City reserves the right to immediately terminate Contract in the event City determines that the assignee is not qualified or is otherwise unacceptable to City for the provision of services under Contract.
In addition, Contractor has the duty to notify City in writing of any change in Contractor’s status with respect to name changes that do not require an assignment of Contr act. Contractor is also obligated to notify City in writing if Contractor becomes a party to any litigation against City, or a party to litigation that may reasonably City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
affect Contractor’s performance under Contract, as well as any potential conflicts of interest between Contractor and City that may arise prior to or duri ng the period of Contract performance. While Contractor will be required to provide this in formation without prompting from C ity any time there is a change in Contractor’s name, conflict of interest or litigation status , Contractor must also provide an update to City of its status in these areas whenever requested by City.
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with City interests. In addition to C ontractor, this obligation shall apply to Contractor’s employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. Contractor’s efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers in the performance of their duties.
R. Force Majeure: Contractor shall not be assessed with li quidated damages or unsatisfactory performance penalties during any delay beyond the time named for th e performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to City with in 36 hours of the start of the delay and Contractor avails himself of any available remedies.
S. Confidentiality: Contractor agrees to maintain the confiden tiality of all City and City-related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such re cords and information shall be considered confidential and kept confidential by Contractor and Contractor’s staff, agents and employees.
T. Compliance with Laws: Contractor represents and warrants that materials to be provided under this Contract shall fully comply, at Contractor’s expense, with a ll standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), incl uding, but not limited to those issued by City in its governmental capacity and all other laws applicable to the materials at the time materials are provided to and accepted by City. Contractor acknowledges that City is relying on Contractor to ensure such compliance, and pursuant to the requirements of Article “Z” below, Contractor agrees that it shall defend, indemnify, and hold City and City Indemnitees harmless fro m all liability, damages, costs and e xpenses arising from or related to a violation of such laws.
U. Freight: Prior to City’s express acceptance of delivery of products. Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under Contract.
V. Severability: If any term, covenant, condition, or provision of this Contr act is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the re mainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each Party shall bear their own attorney’s fees, costs, and expenses.
X. Interpretation: This Contract has been negotiated at arm’ s length and between persons sophisticated and knowledgeable in the matters dealt with in this Cont ract. In addition, each Party had been represented by experienced and knowledgeable indepe ndent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and gi ven the opportunity to do so. Each Party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision th at would require interpretation of any ambiguities in City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
this Contract against the Party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affect the purpose of the Parties and this Contract.
Y. Employee Eligibility Verification: Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of a liens and others and that all its employees performing work under this Contract meet the citizenship or alie n status requirement set forth in Federal statutes and regulations. Contractor shall obtain from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Contract or shall retain all such documentation for all covered employees for the period prescribed by the law. Contractor shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against Contractor or City or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.
Z. Hold Harmless and Indemnification: Contractor agrees to indemnify, defend and hold harmless the City (including its officers and employees) from and against any and all claims of any kind or nature presented against the City arising out of Contractor’s (including Contractor’s employees, representatives, products, and subcontractors) performance under any purchase order or agreement, excepting only such claims, costs, or liability which may arise out of the sole negligence of the City.
AA. Audits/Inspections: Contractor agrees to permit the City’s authorized representative (including auditors from a private auditing firm hired by City) access during normal business hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of Contract including, but not limited to, the costs of administering Contract. City will provide reasonable notice of such an audit or inspection. City reserves the right to audit and verify Contractor’s records before final payment is made.
Contractor agrees to maintain such records for possible audit for a mini mum of three (3) years after final payment, unless a longer period of records retention is s tipulated under this Contract or by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to City to audit records and interview staff of any subcontractor related to performance of this Contract.
Should Contractor cease to exist as a legal entity, Contract or’s records pertaining to this Contract shall be forwarded to City’s project manager.
BB. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon budget appr oval for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwi se limited, City may immediately terminate or modify this Contract without penalty.
CC. California Public Records Act : Contractor and City agree and ac knowledge that all information and documents related to the award and performance of this Contract may be subject to disclosure pursuant to the California Public Records Act, California Government Code Section 7920.000 et seq. Contractor shall not respond to any California Public Records Act request directed at City; all responses shall be handled by City.
City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
Additional Terms and Conditions:
1. Scope of Contract: This Contract specifies contractual terms and conditions by which City will procure as needed Water Meters from Contractor as further detaile d in the Scope of Work, identified and incorporated herein by this reference as “Attachment A”.
2. Term of Contract: This Contract shall commence upon execu tion of all necessary signatures and continue for a one (1) year period, with four (4) one (1) year optional renewals, unless otherwise terminated by City.
3. Adjustments – Scope of Work: No adjustments made to the Scope of Work will be authorized without prior written approval of the Purchasing Agent or designee.
4. Bills and Liens: Contractor shall pay promptly all indebtedness for labor, materials, and equipment used in performance of the work. Contractor shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Contractor shall promptly procure its release and, in accordance with the requirements of Article “Z” above, indemnify, defend, and hold City harmless and be r esponsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto.
5. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amen ded, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.
6. Americans with Disabilities Act (ADA): Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as ame nded; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Sections 11135, et seq; and other federal and state laws and executive orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities.
7. Authorization Warranty: The Contractor represents and warrants that the person executing this Contract on behalf of and for the Contractor is an authorized agent who has actual authority to bind the Contractor to each and every term, condition and obligation of this Contract and that all requirements of the Contractor have been fulfilled to provide such actual authority.
8. Breach of Contract: The failure of Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this C ontract. In such event City may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Terminate Contract immediately, pursuant to Article “K” herein; and
b. Afford Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; and
c. Discontinue payment to the Contactor for and during the period in which Contractor is in breach; and
d. Offset against any monies billed by Contractor but unpaid by City those monies disallowed pursuant to the above.
9. Conflict of Interest – Contractor’s Personnel: Contractor shall exercise re asonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of City. This obligation shall apply to Contractor; Contractor’s employees, agents, and subcontractors associated with accomplishing City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
work and services hereunder. Contractor’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of City.
10. Conflict of Interest – City Personnel: City Council policy prohibits its employees from engaging in activities involving a conflict of interest. Contractor shall not, during the period of this Contract, employ any City employee for any purpose.
11. Contractor’s Project Manager and Key Personnel: Contractor shall appoint a Project Manager to direct Contractor’s efforts in fulfilling Contractor’s obligations under this Contract. This Project Manager shall be subject to approval by City and shall not be changed without the written consent of City’s Project Manager, which consent shall not be unreasonably withheld.
Contractor’s Project Manager shall be assigned to this project for the duration of Contract and shall diligently pursue all work and materials to meet the project timelin es. City’s Project Manager shall have the right to require the removal and replacement of Contractor’s Project Manager from providing materials to City under this Contract. City’s Project Manager shall notify Cont ractor in writing of such action. Contractor shall accomplish the removal within five (5 ) business days after written notice by City’s Project Manager. City’s Project Manager shall review and approve the appoin tment of the replacement for Contractor’s Project Manager. City is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further materials under Contract.
12. Contractor’s Records: Contractor shall keep true and accurate accounts, records, books, and data which shall correctly reflect the business transa cted by Contractor in accordan ce with generally accepted accounting principles. These records shall be stored for a period of three (3) years after final payment is received from City.
13. Contractor Work Hours and Safety Standards: The Contractor shall ensure compliance with all safety and hourly requirements for employees in accordance with federal, state, and City’s safety regulations and laws.
14. Conditions Affecting Work: Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be pe rformed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to City. City assumes no responsibility for any understanding or represen tations concerning the nature, location(s) or general conditions made by a ny of its officers or agents prior to the execution of this Contract, unless such understanding or representations by City are expressly stated in Contract.
15. Data – Title To: All materials, documents, data, or informati on obtained from City data files or any City medium furnished to Contractor in the performance of th is Contract will at all times remain the property of City. Such data or information may not be used or c opied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of City. All materials, documents, data or information, including copies, must be returned to City at the end of this Contract.
16. Default – Re-Procurement Costs: In case of Contract breach by Contractor, resulting in termination by City, City may procure the materials from other sources. If th e cost for those materials is higher than under the terms of the existing Contract, Contractor will be responsible for paying City the difference between Contract cost and the price paid, and City may deduct this cost from any unpaid balance due Contractor. The price paid by City shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law.
City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
17. Defective Materials: Any materials not conforming to the requirements of the Specifications in Attachment A – Scope of Work and Specifications sh all be considered defective. All such materials, whether in place or not, shall be immediately removed from the site of the work. Any defective materials delivered or installed shall be removed by the City and all costs of rem oval and replacement shall be deducted from any amounts due or to become due do the Contractor. No rejected ma terials, the defects of which have been subsequently corrected, shall be used.
18. Disputes – Contract: The Parties shall deal in good faith and attempt to resolve potential disputes informally.
If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Manager and the City‘s Project Manager, as specified in Article 25 “Notices”, such matter shall be brought to the attention of the City Purchasing Agent by way of the following process:
a. The Contractor shall submit to the Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless City, on its own initiative, has already rendered such a final decision.
b. The Contractor’s written demand shall be fully support ed by factual information, and, if such demand involves a cost adjustment to Contract, Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects Contract adjustment for which Contractor believes City is liable.
Pending the final resolution of any dispute arising unde r, related to, or involving this Contract, Contractor agrees to diligently proceed with th e performance of this Contract, incl uding the delivery of materials.
Contractor’s failure to diligently proceed shall be considered a material breach of this Contract.
Any final decision of City shall be expressly identified as such, shall be in writing, and shall be signed by City Purchasing Agent or his designee. If City fails to render a decision within 90 days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. Nothing in this section shall be construed as affecting City’s right to terminate Contract for cause or termination for convenience as stated in Article “K” herein.
19. Drug-Free Workplace: Contractor hereby certifies compliance w ith Government Code Section 8355 in matters relating to providing a drug-free workplace. Contractor will:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1).
b. Establish a drug-free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace; and
ii. The organization’s policy of maintaining a drug-free workplace; and iii. Any available counseling, rehabilitation and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract:
i. Will receive a copy of the company’s drug-free policy statement; and City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
ii. Will agree to abide by the terms of the comp any’s statement as a condition of employment under this Contract.
d. Failure to comply with these requirements may resu lt in suspension of payments under Contract or termination of Contract or both, and Contractor may be ineligible for award of any future City contracts if City determines that any of the following has occurred:
i. Contractor has made false certification, or
ii. Contractor violates the certification by failing to carry out the requirements as noted above.
20. Emergency/Declared Disaster Requirements: In the event of an emergency or if the City of Anaheim is declared a disaster area by city, county, state or fe deral government, Contract may be subjected to unusual usage. Contractor shall service City during such an emergency or declared disaster under the same terms and conditions that apply during non-emergency/disaster conditions. The pricing quoted by Contractor shall apply to serving City’s needs regardless of the circumstances. If Contractor is unable to supply the materials under the terms of Contract, then Contractor shall provide proof of such disruption and a copy of the invoice for the materials from Contractor’s supplier(s). Additional profit margin as a result of supplying materials during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from Contractor shall show both the emergency purchase order number and Contract number.
21. Errors and Omissions: All reports, files, and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the profe ssional(s) identified by Contractor as Project Manager and key personnel attached hereto, prio r to submission to the City. Contr actor agrees that City review is discretionary, and Contractor shall not assume that the City will discover e rrors and/or omissions. If the City discovers any errors or omissions prior to approving Contractor’s reports, files, and other written documents, the reports, files, or documents will be returned to Contractor for correction. Should the City or others discover errors or omissions in the reports, files, or other written documents submitted by th e Contractor after City approval thereof, City approval of Contractor’s reports, files, or documents shall not be used as a defense by Contractor in any action between the City and Contractor, and the reports, files, or documents will be returned to Contractor for correction.
22. Equal Employment Opportunity: Contractor shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Orde r 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable st ate of California regulations as may now exist or be amended in the future. Contractor shall not discrim inate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.
Regarding handicapped persons, Contr actor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position fo r which the employee or applicant for employment is qualified. Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfer s, recruitments, advertisi ng, layoffs, terminations, rate of pay or other forms of compensation, and selec tion for training, including apprenticeship. Contractor agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrim ination against qualified handicappe d persons in all programs and/or activities as detailed in regulations signed by the Secretar y of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.
City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.
23. Headings: The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof.
24. News/Information Release: Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent am endment of or effort under this Contract without first obtaining review and written approval of said news releases from City through City’s Project Manager.
25. Notices: Any and all notices, requests, demands, and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing provided to the Buyer, except through the course of the Parties’ Project Managers’ routine exchange of information and cooperation during the terms of the Contract. Any written communications shall be deem ed to have been duly gi ven upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate Party at the address stated herein or such other address as the Parties hereto may designate by written notice from time to time in the manner aforesaid.
Contractor: HPS WEST, INC
Attn: Chris Phillips
1180 E Francis St., Suite F
Ontario, CA 91761
Telephone: 909-977-1123
Email: [email protected]
Buyer: CITY OF ANAHEIM/Central Purchasing Office
Attn: John Vasquez
200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Telephone: 714-765-5216
Email: [email protected]
Department: CITY OF ANAHEIM/Anaheim Public Utilities
Attn: Gilbert Verduzco
909 E. Vermont Ave
Anaheim, CA 92805
Telephone: 714-765-6927
Email: [email protected]
26. Order Dates: Orders may be placed during the term of the Contract even if delivery may not be made until after the term of the Contract. The Contractor must clearly identify the order date on all invoices to City and the order date must precede the expiration date of the Contract.
27. Ownership of Documents: City has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remain the sole property of the City and may be used by the City as it may require without additional cost to the City. None of the documents, reports and other City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.
28. Precedence: Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among Contract doc uments, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in th e recitals and articles of th is Contract, and then the exhibits and attachments.
29. Receiving and Inspection: Deficient parts will be rejected, and th e Contractor will be required to make the necessary adjustments or replacements. It shall be the Contractor’s responsibility to pick up any rejected parts, make the necessary corrections, and deliver materials at no additional cost to the City.
30. Substitutions: The Contractor is required to meet all speci fications and requirements contained herein. No substitutions will be accepted without prior City written approval.
31. Usage: No guarantee is given by City to Contractor rega rding usage of this Contract. Usage figures, if provided, are approximations. Contractor agrees to supply materials requested, as needed by City of Anaheim, at rates/prices listed in Contract, regardless of quantity requested.
32. Usage Reports: Contractor shall submit usage reports on an annual basis to the Buyer. The usage report shall be in a format specified by the City and shall be submitted 90 days prior to the expiration date of Contract term, or any subsequent renewal term, if applicable
Signature Page follows
City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
Signature Page
IN WITNESS WHEREOF , the Parties hereto have executed this Contract on the date following their respective signatures.
DATE OF EXECUTION:
________________________
CITY OF ANAHEIM
a municipal corporation
By: _________________________________
KARI BOUFFARD, CITY PURCHASING AGENT
DATE OF EXECUTION:
_________________________
HPS WEST, INC*
By: _________________________________
Title: ________________________________
Printed Name: _________________________
DATE OF EXECUTION:
_________________________
HPS WEST, INC*
By: _________________________________
Title: ________________________________
Printed Name: _________________________
ATTEST:
By: _________________________
CITY CLERK OF ANAHEIM
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By: _________________________________
Title: ________________________________
Printed Name: _________________________
Date: ________________________________
*If the contracting party is a corporation, (2) two signatur es are required: one (1) sign ature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the S ecretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasur er. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offi ces in each of the two categories descri bed above. For City purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above-described provis ion. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demons trating the legal authority of the signee to bind the corporation.
City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
ATTACHMENT A
SCOPE OF WORK
I. GENERAL INFORMATION
The City of Anaheim is comprised of 13 departments and over 3,200 employees throughout the City. The City’s core businesses are public safety, public utilities, pub lic works, housing and community development, community services, and economic development.
The Contractor is to provide Water Meters to the City of Anaheim Public Utilities Department per the specification attached hereto.
II. CONTRACTOR REQUIREMENTS
A. All items furnished shall be new, of good workmanship, in full acco rdance with the specifications, and free of defects. Items will be subject to inspection by the City. If any material s delivered show evidence of shipping damage or defects, do not meet applicab le specifications, or do not perform to the standards represented by the supplier, the City shall reject th e same. The supplier will refund the money that has been paid and bear all costs of removal and return of the products. Unless otherwise specified, all products provided shall have a manufacturer’s warranty
B. NO SUBSTITUTIONS, NO ALTERNATES for the specified item. If the given part number is no longer available and has been replaced by an updated part number from that manufacturer, then City’s approval is required prior to vendor ordering and shipping the updated part number.
C. All items must meet or better all applicable Federal, State, and local requirements.
D. All items must carry the manufacturer ’s warranty, which shall not begi n until City installs the item.
Warranty terms are noted on each meter specification.
E. The City makes no commitment to any specific qua ntities during the term of the agreement; actual quantities will vary. Quantities shown in the solicitation Line Items are annual estimates, hypothetical, and used to evaluate bid results; actual quantities will va ry significantly. The City is under no obligation to accept either additional or fewer quantities.
III. DELIVERY REQUIREMENTS
A. Coordinate delivery date and time with the City Representative (CR).
B. The items must be delivered strictly within the timeframe specified by CR. Detailed delivery information will be provided at the time of order placement.
C. Ship complete; do not ship partials unless approved by CR.
D. Include a packing list with delivery.
E. Freight terms: FOB Destination Anaheim, CA
City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
1. Ship to Address:
ANAHEIM UTILITIES WAREHOUSE
902 E. SOUTH STREET
ANAHEIM, CA 92805
F. Provide and pack all items to ensure that each item can be safely handled and transported from the shipping point, during transit, arrival at the destination poi nt, offloading, and storage. Packing materials and packaging must be appropriate to the items.
G. Note that the City may reject any or all items that fail to comply with the bid specifications. Vendor must, at Vendor’s sole expense, pick up all such items within five (5) business days of notification from City.
IV. GENERAL SPECIFICATIONS
A. All meters furnished shall conform to or exceed th e “Standard Specifications for cold water meters” C- 700, or the latest revision issued by the AWWA, and must meet NSF-61 Standards for lead-free materials.
Meters to be utilized in potable, cold water applicat ion in a pit setting. Meters offered for consideration should be cataloged and carry an extensive, reviewable background of performance from other utilities in a pit setting.
B. Meters must comply with all pertinent requirements of both AWWA C-700 and NSF-61 Standards.
C. Meters shall carry a minimum warranty as noted in each meter's specifications.
D. Meters shall operate up to a working pressure of 150 psi and an operating temperature up to 100 degrees F, without leakage or damage to any parts. The meter accuracy and/or flow registration shall not be affected when operating at this pressure and/or temperature due to possible distortion.
E. Meters must be magnetic drive, positive displacement meters of a nutating disc, Multi-Jet, or an oscillating piston type.
F. The meter size, capacity, and lengths are to be s upplied as specified in AWWA standard C-700 or the latest revision, to include, but not limited to, flows, head loss, and accuracy standards.
G. All meter main cases are to be made of lead-free brass, such as SeBiOLY II or Envirobrass II, which meets NSF-61 Standards. Main case markings shall be cast raised and indicate size, model, and direction of flow.
Plastic or epoxy-coated main cases will not be accepted.
H. Bottom plates and/or upper top plates will be made of lead-free materials as specified above for the main case.
I. The 1 ½” and 2” displacement meters are to have oval, 2-hole flanges.
J. The register is to be of a straight reading, permanently sealed magnetic drive type with a glass lens and a flow (leak) indicator. Change gears will not be allowed to calibrate the meter. All registers of a particular registration and meter size shall be identical and co mpletely interchangeable. Register boxes and lids are to be made of brass or bronze co mposition. Epoxy coati ng, plastic register, and boxes will not be acceptable.
K. The register, on all sizes, must be replaceable without removing the meter from service. The register shall be tamper-protected, using non-corrosive material , so that non-utility pers onnel cannot remove the register. Tamper protection devices must require a manufacturer-supplied or custom tool, which is not commercially available.
City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
L. Each meter must be accompanied by a factory test tag certifying the accuracy at the flows required by AWWA C-700. Normal operating range shall be wa rranted per AWWA C-700, section 4.2 Table 1 as follows:
Size Range
5/8” X ¾” 1 - 20 gpm
1” 3 - 50 gpm
1 ½” 2 – 100 gpm
2” 8 – 160 gpm
M. The measuring chamber shall not be cast as part of the main case and must be easily removable. The measuring chamber and its component s must be made of non-corrosive material. All meters must be provided with a corrosion-resistant strainer, which is easily removable from the meter.
V. SPECIFIC SPECIFICATIONS
A. LINE ITEM 1 – RESIDENTIAL 5/8” X 3/4” METER ATTRIBUTES
1. Must meet an AWWA standard that the meter is designed for residential use
2. Must meet or exceed 15 gpm continuous flow
3. Must meet or exceed the AWWA's most recent revision of C700/C708 Standard for accuracy. New accuracy % registration for 5 years/ 750,000 USG.
4. Must meet or exceed the AWWA's most recent revision of C700/C708 standard for accuracy.
Repaired accuracy % for remainder of warranty yrs. 5-20/ 2,500,000 USG
5. 20-year warranty
6. Must meet NSF-61 standards for lead-free materials/brass
7. 8-digit unique serial number stamped on the body and register cover
8. Proper thread- 1"
9. Proper length- 7 -1/2" Laying length
10. Normal test flow GPM (98.5%-101.5): 1-20 GPM
11. Unit of measure shall be CF
B. LINE ITEM 2 – RESIDENTIAL 1” METER ATTRIBUTES
1. Must meet an AWWA standard that the meter is designed for residential use
2. Must meet or exceed 25 gpm continuous flow
3. Must meet or exceed the AWWA's most recent revision of C700/C708 Standard for accuracy. New accuracy % registration for 5 years/ 1,000,000 USG.
City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
4. Must meet or exceed the AWWA's most recent revision of C700/C708 standard for accuracy.
Repaired accuracy % for remainder of warranty yrs. 5-20/ 3,000,000 USG
5. 20-year warranty
6. Must meet NSF-61 standards for lead-free materials/brass
7. 8-digit unique serial number stamped on the body and register cover
8. Proper thread- 1 1/4"
9. Proper length- 10 -3/4" Laying length
10. Normal test flow GPM (98.5%-101.5): 3-50 GPM
11. Unit of measure shall be CF
C. LINE ITEM 3 – RESIDENTIAL 1.5” METER ATTRIBUTES
1. Must meet an AWWA standard that the meter is designed for residential use
2. Must meet or exceed 50 gpm continuous flow
3. Must meet or exceed the AWWA's most recent revision of C700/C708 Standard for accuracy. New accuracy % registration for 2 years/ 1,600,000 USG.
4. Must meet or exceed the AWWA's most recent revision of C700/C708 standard for accuracy.
Repaired accuracy % for remainder of warranty yrs. 2-15/ 5,600,000 USG
5. 17-year warranty
6. Must meet NSF-61 standards for lead-free materials/brass
7. 8-digit unique serial number stamped on the body and register cover
8. Proper 1.5” 2-hole oval flange
9. Proper length- 13" Laying length
10. Normal test flow GPM (98.5%-101.5): 5-100 GPM
11. Unit of measure shall be CF
D. LINE ITEM 4 – RESIDENTIAL 2” METER ATTRIBUTES
1. Must meet an AWWA standard that the meter is designed for residential use
2. Must meet or exceed 80 gpm continuous flow
3. Must meet or exceed the AWWA's most recent revision of C700/C708 Standard for accuracy. New accuracy % registration for 2 years/ 2,800,000 USG.
City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
4. Must meet or exceed the AWWA's most recent revision of C700/C708 standard for accuracy.
Repaired accuracy % for remainder of warranty yrs. 2-15/ 10,400,000 USG
5. 17-year warranty
6. Must meet NSF-61 standards for lead-free materials/brass
7. 8-digit unique serial number stamped on the body and register cover
8. Proper 2” 2-hole oval flange
9. Proper length- 17" Laying length
10. Normal test flow GPM (98.5%-101.5): 8-160 GPM
11. Unit of measure shall be CF
City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
ATTACHMENT B
PRICING, PAYMENT, AND COMPENSATION
1. Compensation: This is a fixed unit cost Contract between City and Contractor for the as-needed purchase of Water Meters as set forth in Attachment A, “Scope of Work”.
Contractor agrees to accept the speci fied compensation as set forth in this Contract as full payment for performing all materials required, for any reasonably unforeseen difficulties which may arise or be encountered until acceptance, for risks connected with the materials, and for performance by Contractor of all its duties and obligations hereunder. Contractor shall only be compen sated as set forth herein for equipment, supplies, and accessories provided in accordance with the Scope of Work. City shall have no obligation to pay any sum in excess of the fixed unit costs specified herein unless authorized by amendment in accordance with Articles “C” Amendment and “P” Changes, of the City’s Contract Terms and Conditions.
2. Pricing List: Fees quoted below shall be all inclusive of all labor, services, skills, supervision, delivery, mileage, fuel surcharge, travel tim e, materials, necessary tools, rou tine equipment and for any unreasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, a nd for performance by the Contractor of all its duties and obligations hereunder.
Cumulative not to exceed amount of $1,197,456.61
Year 1 - Water Meter Pricing HPS West, Inc.
Line
Item Description
Unit of
Measure Unit Cost
1 ⅝” x ¾” METERS WITH CU. FT.
READ Each $60.256
2 1” METERS WITH CU. FT. READ Each $126.1792
3 1-1/2” DISC TYPE WITH CU. FT.
READ Each $361.48
4 2” DISC TYPE WITH CU. FT. READ Each $506.1504
Estimated Annual Expenditure $232,510.88
Year 2 - Water Meter Pricing HPS West, Inc.
Line
Item Description
Unit of
Measure Unit Cost
1 ⅝” x ¾” METERS WITH CU. FT.
READ Each $60.256
2 1” METERS WITH CU. FT. READ Each $126.1792
3 1-1/2” DISC TYPE WITH CU. FT.
READ Each $361.48
4 2” DISC TYPE WITH CU. FT. READ Each $506.1504
Estimated Annual Expenditure
$232,510.88
City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
3. Firm Discount and Pricing Structure: Contractor guarantees that prices quoted are equal to or less than prices quoted to any other local, State or Federal gove rnment entity for services of equal or lesser scope.
Contractor agrees that no price increases shall be passed along to City during the term of this Contract not otherwise specified and provided for within this Contract.
4. Payment Terms – Payment in Arrears: Invoices are to be submitted in arrears to the user agency/department to the ship-to address, unless otherwise directed in this Contract. Contractor shall reference Contract number Year 3 - Water Meter Pricing HPS West, Inc.
Line
Item Description
Unit of
Measure Unit Cost
1 ⅝” x ¾” METERS WITH CU. FT.
READ Each $63.273
2 1” METERS WITH CU. FT. READ Each $132.489
3 1-1/2” DISC TYPE WITH CU. FT.
READ Each $379.554
4 2” DISC TYPE WITH CU. FT. READ Each $531.4575
Estimated Annual Expenditure $244,144.95
Year 4 - Water Meter Pricing HPS West, Inc.
Line
Item Description
Unit of
Measure Unit Cost
1 ⅝” x ¾” METERS WITH CU. FT.
READ Each $63.273
2 1” METERS WITH CU. FT. READ Each $132.489
3 1-1/2” DISC TYPE WITH CU. FT.
READ Each $379.554
4 2” DISC TYPE WITH CU. FT. READ Each $531.4575
Estimated Annual Expenditure $244,144.95
Year 5 - Water Meter Pricing HPS West, Inc.
Line
Item Description
Unit of
Measure Unit Cost
1 ⅝” x ¾” METERS WITH CU. FT.
READ Each $63.273
2 1” METERS WITH CU. FT. READ Each $132.489
3 1-1/2” DISC TYPE WITH CU. FT.
READ Each $379.554
4 2” DISC TYPE WITH CU. FT. READ Each $531.4575
Estimated Annual Expenditure $244,144.95
City of Anaheim
CPO/Public Utilities
Water Meters
HPS West. Inc
MA# 106-498482
on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to City of Anaheim and verified and approved by the agency/department a nd subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with Contractor.
Billing shall cover materials not prev iously invoiced. Contractor shall reimburse City of Anaheim for any monies paid to Contractor for materials not provided or when materials do not meet Contract requirements.
Payments made by City shall not preclude the right of City from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as accep tance of any part of the goods or services.
5. Taxpayer ID Number: Contractor shall include its taxpayer ID number on all invoices submitted to City for payment to ensure compliance with IRS requirements and to expedite payment processing.
6. Payment – Invoicing Instructions: Contractor will provide an invoice on Contractor’s letterhead for goods delivered and/or services rendered. In the case of goods, Contractor will leave an invoice with each delivery.
Each invoice will have a number and will include the following information:
a. Contractor’s name and address
b. Contractor’s remittance address, if different from 1 above c. Contractor’s Taxpayer ID Number
d. Name of City Agency/Department
e. Delivery/service address
f. Contract # 106-498482 and subsequent order release number. g. Agency/Department’s Account Number
h. Date of order
i. Product/service description, quantity, and prices
j. Sales tax, if applicable
k. Freight/delivery charges, if applicable
l. Total