A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers’ compensation laws of the State of California. Consultant shall execute and provide City with Exhibit “C,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made.
D. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Redlands Regular Meeting 06-21-2022 978 of 1716
Services being performed by the assignee or subcontractor.
6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services.
ARTICLE 7 – CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant’s Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.
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ARTICLE 8 – GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City’s immediate termination of this Agreement.
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant’s employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such Redlands Regular Meeting 06-21-2022 980 of 1716
matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement.
CITY OF REDLANDS HDL COREN & CONE
By: ___________________________ By: _________________________ Paul T. Barich, Mayor Paula Cone, President
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
Services provided include property tax management service, secured and unsecured parcel audits, assessment district processing, budget projections, Successor Agency support, and bond fiscal analysis.
Reports and Management Analyses (1)
Consultant will provide the following reports. Reports are also available from prior years if required.
• A five-year history of the values within the City, Successor Agency and custom (city defined) geographic area;
• A listing of the largest value changes, positive and negative between tax years; • A listing of the major property owners, including the assessed value of their property and property use code designation;
• A listing of the major property tax payers, including an estimate of the property taxes; • A listing of property tax transfers which occurred since the lien date ordered by month; • A multiple year comparison of growth by use code designation over a 10-year period; • Calculate an estimate of property tax revenue anticipated to be received for the fiscal year based upon the initial information provided by the County and subject to modification. This report is interactive for tax modeling. This estimate shall not be used to secure the indebtedness of the City.
• Property sales information, and Proposition 8 exposure and recapturing potential • Budget forecasting model for 1 and 5-year projections for General Fund, Successor Agency and VLF In Lieu Revenues.
(1) Reports are based upon property tax information obtained from your county and supplemented by additional information from third parties. Some reports are dependent upon the availability of county data in electronic format.
Successor Agency Services including but not limited to:
• Tax increment projections by project area and for the Successor Agency • Cash flows for the Successor Agency as requested
• Assistance with Redevelopment Obligation Payment Schedules as requested (additional charges may be required)
• Estimates of property tax revenues to be received by the City as requested • Monitor the County distribution of tax-sharing revenues to the City and to taxing entities of the former redevelopment agency
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• Coordinate as necessary with the Auditor-Controller the relationship between the tax-sharing, debt service and other obligations of former redevelopment agency Monthly/Quarterly Reports and System Updates
• A listing of property tax appeals filed on properties in the City where data is available for purchase from the Clerk of the Board.
• A listing of property transfers that have occurred since the last report will be available through the software provided and updated on a monthly basis.
Web-Based Software
• Consultant provides a web-based software application to clients as a user-friendly tool to access the City’s property tax data. Consultant provides updates to the data portion of the product on monthly basis to reflect changes in ownership, updated appeals filings, and deed recordings. • As modifications and enhancements are made to the program, clients receive the enhanced version of the software at no additional cost. Training will be provided to city staff within the first two months after the execution of the agreement for property tax management and audit services and is available annually for new staff members or staff requiring a refresher course. If additional training sessions are required, the fees in the compensation section under hourly fees will be charged.
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EXHIBIT "B"
FEE SCHEDULE
Fee for Services
Consultant shall provide the Base Services described above, for a fixed annual fee of $19,975 (invoiced quarterly)(“Based Fixed Fee”).
The Base Fixed Fee shall be adjusted annually starting in calendar year 2023 by the California Consumer Price Index (CCPI) for all items as determined by the California Department of Industrial Relations as measured February to February by the California All Urban Consumers index.
On-Going Consultation
During the term of the agreement, we serve as the resource staff to the County or agency on questions relating to property tax. This includes being "on-call" to assist with any property tax issues. On-going consultation would include, but not be limited to inquiries resolved through use of the City data base. All requests for information based upon the County’s property tax data sets are provided without additional costs. Special reports, additional research, or requests requiring additional computer programming requested by City in writing may be charged additional costs.
Attendance at City and/or Successor Agency meetings at the written request of City will be billed at our hourly rates.
Fees for Optional Services shall be billed at the following hourly rates:
Partner $250 per hour
Principal $225 per hour
Programmer $200 per hour
Associate $175 per hour
Senior Analyst $125 per hour
Analyst $ 90 per hour
Administrative $ 70 per hour
Hourly rates for optional services are exclusive of expenses and are subject to adjustment by Consultant annually. On July 1st of each year starting in calendar year 2023, Consultant shall provide City with an updated schedule of hourly rates. The rates will not be increased by more than five percent (5%) per year.
Identification and Correction of Errors
Fees for the identification and correction of errors are on a contingent basis, Consultant shall receive twenty-five percent (25%) of general fund or tax increment property tax revenue or other revenues attributable to City recovered or reallocated which are directly or indirectly the result of an audit, analysis or consultation performed by Consultant (including but not limited to base year value audits; administration of tax sharing agreements; tax increment allocation reviews; county allocation reviews). Consultant shall separate and support said reallocation and provide City with an itemized invoice showing all amounts due as a result of revenue recovery or reallocation. City shall pay audit fees after Consultant's submittal of evidence that corrections have been made by the appropriate agency. Payment to Consultant shall be made within thirty Redlands Regular Meeting 06-21-2022 984 of 1716
(30) days after City receives its first remittance advice during the fiscal year for which the correction applies.
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EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
HDL COREN & CONE
By: Date: ___________________
Paula Cone, President
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AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of audit services for sales, use and transaction tax revenue (“Agreement”) is made and entered in this 21st day of June, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Hinderliter de Llamas and Associates, a California corporation (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE 1 – ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide audit services for sales, use and transaction tax revenue for City (the “Services”).
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 – SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, any applicable State prevailing wage laws.
ARTICLE 3 – RESPONSIBILITIES OF CITY
3.1 City designates Danielle Garcia, Director of Management Services, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.
ARTICLE 4 – PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner.
4.2 The term of this Agreement shall be for a period of three (3) years from the Effective Date of this Agreement (the “Initial Term”). The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Consultant at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term.
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4.3 If Consultant’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council-adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff.
ARTICLE 5 – PAYMENTS TO CONSULTANT
5.1 The compensation for the Consultant’s performance of the Services will be the amount of twenty-five thousand two hundred dollars ($25,200.00) for the Services provided during the Initial Term. Should this Agreement be extended, the compensation for Consultant’s performance for the Services shall be the amount of eight thousand four hundred dollars ($8,400.00) in addition to CPI costs for the first Extended Term; and eight thousand four hundred dollars ($8,400.00) in addition to CPI costs for the second Extended Term, bringing the total possible amount of compensation to the amount of forty-two thousand dollars ($42,000.00) in addition to CPI costs. For the Initial Term and each Extended Term, City shall pay the Consultant on a time and materials basis amount in accordance with the rates specified in Exhibit “B,” titled “Fee Schedule,” which is attached hereto and incorporated herein by this reference.
Consultant may adjust its Based Fix Fee pursuant to the Consumer Price Index as set forth in Exhibit “B”.
Consultant shall be compensated fifteen percent (15%) of all new and recovered sales, use and transactions tax revenue received by the City as a result, in whole or in part, of the allocation audit and recovery services as set forth in Exhibit “B”.
5.2 Consultant shall submit quarterly invoices to City describing the Services performed during the preceding month. Consultant’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant’s invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY: CONSULTANT:
City Clerk HDL Companies
City of Redlands Andy Nickerson, President
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35 Cajon Street 120 S. State College Boulevard
P.O. Box 3005 (mailing) Brea, California 92821
Redlands, CA 92373 Phone: 714-879-5000
[email protected]
Phone: (909) 798-7531
ARTICLE 6 – INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.
A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers’ compensation laws of the State of California. Consultant shall execute and provide City with Exhibit “D,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made.
D. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies Redlands Regular Meeting 06-21-2022 989 of 1716
required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor.
6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services.
ARTICLE 7 – CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant’s Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.
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ARTICLE 8 – GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City’s immediate termination of this Agreement.
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant’s employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such Redlands Regular Meeting 06-21-2022 991 of 1716
matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement.
CITY OF REDLANDS HINDERLITER DE LLAMAS AND
ASSOCIATES
By: ___________________________ By: _________________________ Paul T. Barich, Mayor Andy Nickerson, President
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
Using confidential taxpayer records as authorized by Revenue and Taxation Code Section 7056, Consultant will identify and correct errors that result in underpayments of tax to the City. The firm will employ a series of analyses, comparisons with other data sources and physical field canvassing to find, document and submit for correction all taxpayer errors that result in lost City revenue or could result in lost revenue in the future. When errors are identified, Consultant staff will promptly file claims for their correction following CDTFA procedures. Thereafter, Consultant will work with CDTFA to ensure the prompt recovery of all escaped revenues.
Documentation of errors will be regularly provided to the City.
In conducting these activities on behalf of the City, Consultant will provide reports that accurately depict the City’s sales tax base, use tax collections and revenues. All reports, graphs, tables and revenue forecasts are designed to enhance the City’s capacity to plan for, expand and manage its sales and use tax revenues. Reports identifying and comparing the retail composition of various sub-geographic areas of the City will also be provided.
Services also include:
A. SALES TAX AND ECONOMIC ANALYSIS SERVICES
1. Consultant shall establish a special database that identifies the name, address and quarterly allocations of all sales tax producers within the City for the most current and all quarters back to fiscal year 1984-1985 or earlier, if the City has prior historical sales tax data available on computer readable magnetic media. This database will be utilized to generate special reports to the City on: major sales tax producers by rank and category, sales tax activity by categories, or business districts, identification of reporting aberrations, and per capita and outlet comparisons with regional and statewide sales.
2. Consultant shall provide updated reports following each calendar quarter identifying changes in sales by individual businesses, business groups and categories and by geographic area. These reports may include, without limitation, quarterly aberrations due to State audits, fund transfers, and receivables along with late or double payments, and quarterly reconciliation worksheets to assist with budget forecasting. Consultant shall meet quarterly with City.
3. Consultant shall additionally provide following each calendar quarter a summary analysis for the City to share with Council Members, Chambers of Commerce, other economic development interest groups and the public that analyze City’s sales tax trends by major groups, and geographic areas without disclosing confidential information.
4. Consultant shall make available to City staff Consultant’s web-based sales tax computer software program containing sellers permit and quarterly allocation information for all in-city business outlets registered with the Department of Tax and Fee Administration and updated quarterly. This software shall allow City staff to search businesses by street address, account Redlands Regular Meeting 06-21-2022 993 of 1716
number, business name, business type and keyword, arrange data by geographic area, and print out a variety of reports.
B. ALLOCATION AUDIT AND RECOVERY SERVICES
1. Consultant shall conduct initial and on-going sales, use and transactions tax audits to identify and correct distribution and allocation errors, and to proactively affect favorable registration, reporting or formula changes thereby generating previously unrealized sales, use and transactions tax income for the City and/or recovering misallocated tax from previously properly registered taxpayers. Common errors that will be monitored and corrected include, but are not limited to:
transposition errors resulting in misallocations; erroneous consolidation of multiple outlets; formula errors, misreporting of “point of sale” to the wrong location; delays in reporting new outlets; misallocating use tax payments to the allocation pools or wrong jurisdiction; and erroneous fund transfers and adjustments.
2. Consultant shall initiate contacts with state agencies, and sales management and accounting officials in companies that have businesses where a probability of error exists to verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner.
3. Consultant shall (i) prepare and submit to the Department of Tax and Fee Administration information for the purpose of correcting allocation errors that are identified and (ii) follow-up with individual businesses and the California Department of Tax and Fee Administration to promote recovery by the City of back or prospective quarterly payments that may be owing.
4. If during the course of its audit, Consultant finds businesses located in the CITY that are properly reporting sales and use tax but have the potential for modifying their operation to provide an even greater share to the City, Consultant may so advise City and work with those businesses and the City to encourage such changes.
Section 7056 – Confidentiality Requirements
Section 7056 of the State of California Revenue and Taxation code specifically limits the disclosure of confidential taxpayer information contained in the records of the California Department of Tax and Fee Administration. This section specifies the conditions under which a CITY may authorize persons other than CITY officers and employees to examine State Sales, Use and Transactions Tax records.
The following conditions specified in Section 7056 (b), (1) of the State of California Revenue and Taxation Code are hereby made part of this agreement.
A. CONSULTANT is authorized by this Agreement to examine sales, use or transactions and use tax records of the Department of Tax and Fee Administration provided to CITY pursuant to contract under the Bradley-Burns Uniform Sales and Use Tax Law.
B. CONSULTANT is required to disclose information contained in, or derived from, those sales, use or transactions and use tax records only to an officer or employee of the CITY who is authorized by resolution to examine the information.
Redlands Regular Meeting 06-21-2022 994 of 1716
C. CONSULTANT is prohibited from performing consulting services for a retailer, as defined in California Revenue & Taxation Code Section 6015, during the term of this Agreement.
D. CONSULTANT is prohibited from retaining the information contained in or derived from those sales or transactions and use tax records, after this Agreement has expired. Information obtained by examination of Department of Tax and Fee Administration records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the CITY as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and Taxation Code. The resolution shall designate the CONSULTANT as a person, authorized to examine sales and use tax records and certify that this Agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code.
Redlands Regular Meeting 06-21-2022 995 of 1716
EXHIBIT "B"
Fee Schedule Title
Consultant shall provide the sales tax and economic analysis services described in Exhibit “A” during the Initial Term of this agreement for a fee of $8,400 annually, or $700.00 per month (hereinafter referred to as "monthly fee") commencing July 1, 2022. The monthly fee shall be invoiced quarterly in arrears and undisputed amounts shall be paid by City no later than 30 days after the invoice date. The monthly fee shall increase annually starting in calendar year 2023 by the percentage increase in the “CPI” for the preceding twelve-month period. In no event shall the monthly fee be reduced by this calculation. For purposes of this Agreement, the “CPI” shall mean the Consumer Price Index - All Urban Consumers for the surrounding statistical metropolitan area nearest City, All Items (1982-84 = 100), as published by the U.S. Department of Labor, Bureau of Labor Statistics, or, if such index should cease to be published, any reasonably comparable index selected by Consultant.
B. Consultant shall be compensated fifteen percent (15%) of all new and recovered sales, use and transactions tax revenue received by the City as a result, in whole or in part, of the allocation audit and recovery services described in the above (hereafter referred to as “audit fee”), including without limitation, any reimbursement or other payment from any state fund and any point-of-sale misallocations.
1. The audit fee shall be paid even if City assists, works in parallel with, and/or incurs attorneys’ fees or other costs or expenses in connection with any of the relevant Services. Among other things, the audit fee applies to state fund transfers received for back quarter reallocations and monies received in the first eight consecutive reporting quarters following completion of the allocation audit by Consultant and confirmation of corrections by the California Department of Tax and Fee Administration. City shall pay audit fees upon Consultant’s submittal of evidence of Consultant’s work in support of recovery of subject revenue, including, without limitation, copies of CDTFA 549-S petition forms of any other correspondence between Consultant and the Department of Tax and Fee Administration or the taxpayer.
2. For any increase in the tax reported by businesses already properly making tax payments to City, it shall be Consultant’s responsibility to support in its invoices the audit fee attributable, in whole or in part, to Consultant’s Services.
C. Consultant shall invoice City for any optional consulting and other Services requested in writing and rendered to City based on the following hourly rates on a monthly or a quarterly basis at Consultant’s option. All such undisputed invoices shall be payable by City no later than 30 days following the invoice date. City shall not be invoiced for any consulting services totaling less than an hour in any month. The hourly rates in effect as of the Effective Date are as follows:
Principal $325 per hour
Programmer $295 per hour
Senior Analyst $245 per hour
Analyst $195 per hour
Redlands Regular Meeting 06-21-2022 996 of 1716
Hourly rates for optional services are exclusive of expenses and are subject to adjustment by Consultant annually. On July 1st of each year starting in calendar year 2023, Consultant shall provide City with an updated schedule of hourly rates. The rates will not be increased by more than five percent (5%) per year.
D. Consultant, with the consent of the City may divide any recovery bills in excess of $25,000 over a one (1) year period (Four (4) quarterly billings).
F. Consultant shall provide City with an itemized quarterly invoice showing all formula calculations and amounts due for the audit fee (including, without limitation, a detailed listing of any corrected misallocations), which undisputed invoices shall be paid by CITY no later than 30 days following the invoice date
Redlands Regular Meeting 06-21-2022 997 of 1716
EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
HINDERLITER DE LLAMAS
AND ASSOCIATES
By: Date: ___________________
Andy Nickerson, President
Redlands Regular Meeting 06-21-2022 998 of 1716
City Council Meeting K. 5.
DATE: 06/21/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the FY 22/23 Municipal Utilities and Engineering Department Annual Purchase Orders (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If the City Council determines the staff recommendation is appropriate, the following motions are provided:
I move to approve the FY 22/23 Municipal Utilities and Engineering Department Annual Purchase Orders as itemized in the staff report for a total encumbered amount not-to-exceed $6,613,010.
1. RECOMMENDATION:
Staff recommends City Council determine that approval of the FY 22/23 Municipal Utilities and Engineering Department Annual Purchase Orders is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act.
Staff further recommends approval of the FY 22/23 Municipal Utilities and Engineering Department Annual Purchase Orders.
DISCUSSION:
Staff recommends City Council approval for the FY 22/23 Municipal Utilities and Engineering Department (MUED) Annual Purchase Orders (PO) with ABBA, ACTenviro, Aerzen, Airgas, Alfa Laval, Babcock Laboratories, Brax, CalChem, CED, Cintas, CP Crowley, D&H Water Systems, Dukes Root Control, DXP Ent., Evantec, Fastenal, Ferguson, Golden Bell, Grainger, Groth, HACH, HERC, HD Supply, JCI, JWC Environmental, McMaster Carr, Montrose Environmental, Moyno, Safe Environmental Engineering, Pennco, Plumbers Depot., Polydyne, Quantum Analytical, Quantum Automation, R&B Automation, Rockwell Engineering, SSD, Sulzer, Tesco Controls, Unison, Univar, USA Blue Book, West Coast Arborist and Western Water Works. These vendors will provide washed utility sand and crushed aggregate base, joint utilities laboratory consumables, replacement equipment parts, supplies and Redlands Regular Meeting 06-21-2022 999 of 1716
related items, water and wastewater treatment plant chemicals, Cla-Val supplies, equipment, accessories, chemicals and gases, maintenance support, equipment rentals, and related items on an as-needed basis. The following annual purchase orders are included in the FY 22/23 MUED budget request, and will be encumbered for a not-to-exceed total annual amount of $6,323,010.00 as described in the chart below.
Vendor Not to
Exceed
Amount
Water (W) Wastewater
(WW)
Non-Potable
Water
Agreement,
Extension,
Sole Source
Babcock
Laboratories
$265,000.00 $160,000.00 $85,000.00 $20,000.00 Bid -
Agreement
D&H Water
Systems
$105,000.00 $50,000.00 $55,000.00 Bid
Safe
Environment
Eng. (Draeger
Tube)
$30,000.00 $30,000.00 Bid
USA Bluebook $145,000.00 $120,000.00 $25,000.00 Bid -
Agreement
Western Water
Works (Cla-Val)
$125,000.00 $125,000.00 Bid
Western Water
Works (Distro
Supplies)
$524,000.00 $500,000.00 $24,000.00 Bid
ACTenviro $22,500.00 $7,500.00 $15,000.00 Extension
CED $115,000.00 $90,000.00 $25,000.00 Extension
Evantec
Scientific
$84,000.00 $42,000.00 $42,000.00 Extension
Montrose
Environmental
$73,500.00 $5,000.00 $68,500.00 Extension
Quantum
Analytical
$66,010.00 $2,500.00 $63,510.00 Extension
Quantum
Automation
$62,500.00 $45,000.00 $17,500.00 Extension
West Coast
Arborist
$50,000.00 $50,000.00 Extension
ABBA $50,000.00 $50,000.00 Sole Source
Aerzen $44,000.00 $44,000.00 Sole Source
Airgas $45,000.00 $30,000.00 $15,000.00 Sole Source
Alfa Laval $70,000.00 $70,000.00 Sole Source
Brax $35,000.00 $35,000.00 Sole Source
Charles P.
Crowley Co
$35,000.00 $35,000.00 Sole Source
Redlands Regular Meeting 06-21-2022 1000 of 1716
D&H Water
Systems
$184,000.00 $130,000.00 $54,000.00 Sole Source
Dukes Root
Control
$53,000.00 $53,000.00 Sole Source
Ferguson $430,000.00 $430,000.00 Sole Source
Golden Bell $63,000.00 $63,000.00 Sole Source
Groth $35,000.00 $35,000.00 Sole Source
HACH $115,000.00 $115,000.00 Sole Source
JWC
Environmental
$40,000.00 $40,000.00 Sole Source
NOV $40,000.00 $40,000.00 Sole Source
Plumbers Depot $125,000.00 $25,000.00 100,000.00 Sole Source R&B Automation $135,000.00 $90,000.00 $45,000.00 Sole Source Rockwell
Engineering &
Equipment
$100,000.00 $100,000.00 Sole Source
DXP Enterprise $45,000.00 $45,000.00 Sole Source
Sulzer $190,000.00 $135,000.00 $55,000.00 Sole Source
Tesco Controls $673,000.00 $458,000.00 $215,000.00 Sole Source Unison $180,000.00 $180,000.00 Sole Source
Unison (GC
Media)
$90,000.00 $90,000.00 Sole Source
Cintas $80,500.00 $42,500.00 $38,000.00 Omnia
Fastenal $339,500.00 $239,000.00 $100,500.00 Omnia
Grainger $91,500.00 $66,000.00 $25,500.00 Omnia
HERC $88,000.00 $48,000.00 $40,000.00 Omnia
JCI (CI2 gas) $40,000.00 $40,000.00 Bid
McMaster Carr $86,000.00 $45,000.00 $41,000.00 Bid
Olin (NaOCI
12.5%)
$295,000.00 $75,000.00 $220,000.00 Bid
Pennco (Ferric
Chloride)
$130,000.00 $130,000.00 Bid
Polydyne (3
different
Chemicals per
bid)
$325,000.00 $65,000.00 $260,000.00 Bid
SSD (FCS) $88,000.00 $85,000.00 $3,000.00 Bid
Univar (Citric
Acid)
$120,000.00 $120,000.00 Bid
Redlands Regular Meeting 06-21-2022 1001 of 1716
Univar
(Mini-bilk)
$50,000.00 $50,000.00 Bid
Univar
(NaOH/Sodium
Hydroxide)
$20,000.00 $20,000.00 Bid
USA LCO LLC $125,000.00 $125,000.00 Bid
Staff regularly purchase a variety of supplies and services from various vendors for routine maintenance and operations. In accordance with the City's purchasing policy, and for greater transparency, staff requests City Council approval of these POs, which also include POs below the $50,000 purchase authority threshold. Staff recently issued Requests for Bids for various products and services, and on February 28, 2022, March 16, 2022, and April 12, 2022, the City Clerk received bids for the following commodities:
laboratory services, bio-solids hauling, sewer collection maintenance and repairs, washed utility sand and crushed aggregate base, joint utility laboratory consumables, replacement parts, supplies and related items, water and wastewater treatment plant chemicals, Cla-Val supplies and Draeger Hydrogen Sulphide (H2S) Detector tubes.
Staff evaluated the bids (Attachments B-K) to prepare a responsible recommendation to purchase products and services from the lowest responsive bidders for each.
The City's bid documents allow vendors to indicate if an extension of terms and conditions for upcoming fiscal years would be honored and for how many years. For FY 22/23, Six (6) vendors indicated they are willing to extend current terms and conditions.
City Council approval extends these annual POs through FY 22/23. In accordance with the City's purchasing policy, sole or single source purchases exceeding $30,000 require City Council approval. These purchases are typically warranted because the vendor is the sole authorized dealer and purchasing from another vendor would void the manufacturer's warranty, and/or the vendor's product has been standardized for use. FY 22/23 MUED purchases through these annual POs are not anticipated to exceed $6,323,010.
City Council approval of these annual POs is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act as it can be seen with certainty the approval of these annual POs will have no significant effect on the environment.
ALTERNATIVES:
Council may deny staff's recommendation.
STRATEGIC PLAN:
N/A
Redlands Regular Meeting 06-21-2022 1002 of 1716
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Kevin Watson, Utilities Operations Manager
PREPARED BY:
Christian Duenez, Administrative Assistant II
Fiscal Impact
Fiscal Year: FY 22/23
Revenue Generating: No
Appropriation Required Y/N: No
Amount: $3,395,500.00
Budgeted Y/N: Yes
Account No.: 501900
Discussion:
Sufficient funding for the annual purchase order is included in the Water Division's (501900) budget for Fiscal Year 2022-23 when approved by the City Council. Costs associated with any future renewal terms of the agreement will be included in subsequent budget requests prepared by the Department.
Fiscal Year: FY 22/23
Revenue Generating: No
Appropriation Required Y/N: No
Amount: $2,927,510.00
Budgeted Y/N: Yes
Account No.: 521900
Discussion:
Sufficient funding for the annual purchase order is included in the Wastewater Division's (521900) budget for Fiscal Year 2022-23 when approved by the City Council. Costs associated with any future renewal terms of the agreement will be included in the subsequent budget request prepared by the Department.
Attachments
A - Summary of MUED Annual PO
Redlands Regular Meeting 06-21-2022 1003 of 1716
B - Bid Report Analysis Laboratory Services Water & Wastewater E - Bid Report Analysis Wastewater Draeger Hydrogen Sulphide (H2S) Detector Tube F - Bid Report Analysis Water Parts, Supplies and Related Items G - Bid Report Analysis Cla-Val Products
H - Bid Report Analysis McCrometer Flow Meter Supplies
I - Bid Report W- WWTP Chemicals
J - Bid Report W & WW Facilities Maintenance Parts, Supplies & Related Material K - Bid Report Analysis W & WW Treatment Plant Supplies L - CED Extension Agreement
M - Quantum Automation Extension Agreement
N - ACTenviro Extension Letter
O - Evantec Extension Letter
SS1 - ABBA PARTS SOLE SOURCE
SS2 - Arzen Sole Source
SS3 - AIRGAS SOLE SOURCE
SS4 - ALFA LAVAL SOLE SOURCE
SS5 - Brax Sole Source
SS6 - CP Crowley Sole Source
SS8 - D&H WATER SYSTEMS
SS9 - DUKES ROOT CONTROL SOLE SOURCE
SS10 - DXP ENT. SOLE SOURCE
SS11 - FERGUSON SOLE SOURCE (WD)
SS12 - GOLDEN BELL SOLE SOURCE
SS13 - GROTH CORP SOLE SOURCE
SS14 - HACH SOLE SOURCE
SS15 - JWC Env Sole Source
SS16 - NOV MOYNO SOLE SOURCE
SS18 - R&B AUTOMATION SOLE SOURCE
SS19 - ROCKWELL ENGINEERING
SS20 - Sulzer Sole Source
SS21 - TESCO SOLE SOURCE
SS22 - UNISON SOLE SOURCE
Babcock Agreement
D&H Water Systems Agreement
P - Montrose Signed Extension
Quantum Analytical Ext Letter
USALCO BID AGREEMENT
Olin Tax Increase
Plumbers Depot Extension Letter
Univar Bid Report
BRAX SS Letter
Plumbers Depot Ext Letter
Redlands Regular Meeting 06-21-2022 1004 of 1716
Redlands Regular Meeting 06-21-2022 1005 of 1716
ATTACHMENT A
Summary of Annual Purchase Order Requests
(Including extensions, sole/single source, and service agreements) 1 Annual Purchase Orders (Pages 1 - 3)
Staff is requesting approval for annual purchase orders for the low bidders (highlighted in yellow) for the following commodities and services publicly advertised, received and opened by the City Clerk on March 16, 2022 for the amounts described below.
Vendor Bio Solids Hauling & Disposal
Synagro $72.58
Anaergia $97.00
One Stop Landscape Supply $125.00
Clean Harbor $3,058.00
Purchase Order Request $350,000.00
Vendor WATER PARTS, SUPPLIES AND RELATED
ITEMS
Western Water Works $495,733.33
Purchase Order Request $524,000.00
Water & Wastewater Treatment Plant Chemicals
Vendor Sodium Hypochlorite 12.5% mini bulk (Water)
Univar Solutions USA Inc. $116,928.00
Purchase Order Request $50,000.00
Vendor Sodium Hypochlorite 12.5% (Water)
Olin Corporation $80,406.00
JCI Jones Chemicals, Inc. $81,540.00
Purchase Order Request $295,000.00 (WW $220,000 & WP $75,000) Vendor Chlorine Gas (Water)
JCI Jones Chemicals, Inc. $34,000
Purchase Order Request $40,000.00
Vendor Sodium Hydroxide 50% (Water)
Univar Solutions USA Inc. $12,200.00
JCI Jones Chemicals, Inc. $13,600.00
Brenntag Pacific, Inc. $15,760.00
Northstar Chemical $21,160.00
Purchase Order Request $20,000.00
Vendor Praestol 186KH polymer (Water)
Polydyne Inc., $80,496.00
Solenis LLC $95,760.00
Nalco Water $98,520.00
Vendor Praestol A 3040 LTR FLOCCULANT (Water)
Polydyne Inc., $19,116.00
Solenis LLC $28,611.00
Vendor Praestol A 3010 LTR FLOCCULANT (Water)
Polydyne Inc., $6,372.00
Solenis LLC $8,349.00
Vendor Zeetag 8818 Polymer 40% Active (WW)
Polydyne Inc., $41,952.00
Redlands Regular Meeting 06-21-2022 1006 of 1716
ATTACHMENT A
Summary of Annual Purchase Order Requests
(Including extensions, sole/single source, and service agreements) 2 Solenis LLC $402,667.00
Purchase Order Request $325,000.00 (All Polymers)
Vendor Aluminum Chlorohydrate (ACH) 50% Solution
(Water)
USALCO LLC $227,997.00
Summit Research Labs $266,400.00
Brenntag $291,150.00
Purchase Order Request $125,000
Vendor Citric Acid 50% (WW)
Univar Solutions USA Inc. $187,200.00
Brenntag $235,008.00
Northstar Chemical $358,560.00
Purchase Order Request $120,000
Vendor Ferric Chloride 39% (WW)
Pencco Inc., $185,400.00
Kemira Water Solutions, Inc. $194,400.00
California Water Technology $254,700.00
Purchase Order Request $130,000
Vendor Sodium Hypochlorite 12.5% (WW)
Olin Corporation $201,015.00
JCI Jones Chemicals Inc. $203,850.00
Purchase Order Request $295,000
Vendor Cla-Val Supplies
Western Water Works Supply Company $97,013.65
Ferguson Waterworks $97,223.49
Hydro Current Well Services $108,703.00
US Valve Supply $110,372.00
Purchase Order Request $125,000.00
Vendor Facilities Maintenance, Parts, Supplies & Related Materials
McMaster-Carr Supply Company $38,856.76
Purchase Order Request $86,000.00
Vendor McCrometer Flow Meter Supplies
D & H Water Systems $184,571.76
Purchase Order Request $105,000.00
Vendor Water & Wastewater Treatment Plant Supplies
HD Supply Facilities Maintenance $112,019.90
Purchase Order Request $145,000.00
Redlands Regular Meeting 06-21-2022 1007 of 1716
ATTACHMENT A
Summary of Annual Purchase Order Requests
(Including extensions, sole/single source, and service agreements) 3 Vendor
Babcock Laboratories $265,000.00
Purchase Order Request $265,000.00
Vendor Draeger Tube
Safe Environment Engineering $16,781.60
SKC West, Inc. $19,733.38
Technology International Inc. $23,990.00
Purchase Order Request $30,000.00
Vendor
USA Bluebook $145,000.00
Purchase Order Request $145,000.00
Vendor Washed Utility Sand Crushed Aggregate Base
Vulcan Materials Co. dba Calmat Co.
Purchase Order Request $100,000.00
Vendor Cold Mix
Vulcan Materials Co. dba Calmat Co. $45,000.00
Purchase Order Request $45,000.00
Extensions of Annual Purchase Orders (Pages 4)
Redlands Regular Meeting 06-21-2022 1008 of 1716
ATTACHMENT A
Summary of Annual Purchase Order Requests
(Including extensions, sole/single source, and service agreements) 4 Extensions of Annual Purchase Orders (Pages 4)
Staff is requesting approval for the below annual purchase orders for FY 22/23 with current terms and conditions for low bidders for the following commodities and services for the not-to-exceed amounts as described below.
Vendor
ACTenviro $22,500.00
Purchase Order Request $22,500.00
Vendor
Quantum Analytical $66,010.00
Purchase Order Request $66,010.00
Vendor Motor Control Automation Parts, Supplies, & Related Quantum Automation $62,500.00
Purchase Order Request $62,500.00
Original bid date June 15,2021
City has option to renew each year for up to three additional years. Year one of three.
Vendor
Montrose $73,500.00
Purchase Order Request $73,500.00
Vendor
Evantec Scientific $84,000.00
Purchase Order Request $84,000.00
Vendor Electrical Parts, Supplies, and Other Related Items Consolidated Electrical Distributors, Inc. $115,000.00
Purchase Order Request
Original bid date March 25, 2019
City has option to renew each year for up to three additional years. Year three of three.
Vendor
West Coast Arborist $50,000.00
Purchase Order Request $50,000.00
Redlands Regular Meeting 06-21-2022 1009 of 1716
ATTACHMENT A
Summary of Annual Purchase Order Requests
(Including extensions, sole/single source, and service agreements) 5 Redlands Regular Meeting 06-21-2022 1010 of 1716
ATTACHMENT A
Summary of Annual Purchase Order Requests
(Including extensions, sole/single source, and service agreements) 6 Sole/Single Source Purchase Orders (Pages 5-7)
Staff is requesting approval for the annual purchase orders for the following sole/single source vendors for the not-to-exceed amounts as described below. The following have been evaluated and determination made that the sole/single source is warranted.
Vendor Purchase Order Request
ABBA $50,000.00
Vendor Purchase Order Request
Aerzen $44,000.00
Staff is requesting a purchase order be issued to AirGas USA, LLC to provide high purity compressed gases, cylinder rentals and related items. Part of City’s laboratory certification requires the use of high purity gases.
Use of other sources would be costly since a comparative study would be required concurrently with current testing.
Wastewater/Water High Purity Compressed Gases, Cylinder Rental, & Related Items Vendor Purchase Order Request
AirGas USA, LLC $45,000.00
Vendor Purchase Order Request
Alfa Laval $70,000.00
Staff is requesting a purchase order be issued to Brax Company, Inc. for parts and replacement of Moyno progressive cavity pumps Sulzer pumps throughout the Wastewater Treatment Plant. Moyno Pumps have been applied and used in the municipal wastewater treatment industry for over 75 years. Brax Company, Inc. is the sole provider for Southern California.
Moyno Progressive Cavity Pumps
Vendor Purchase Order Request
Brax Company, Inc. $35,000.00
Staff is requesting a purchase order be issued to Charles P. Crowley Company (Crowley) for parts and replacement of outdated ITT Goulds Pumps at the Wastewater Treatment Plant. Crowley has a long relationship with the City of Redlands and is the designated exclusive authorized distributor for all ITT Goulds products. The MBR facility continuously operates 6 of these pumps to provide clean water to recycle water users for various purposes.
ITT Goulds Pumps
Vendor Purchase Order Request
Charles P. Crowley Company, LLC. $35,000.00
Vendor Purchase Order Request
D & H Water Systems $184,000.00
Vendor Purchase Order Request
DFW $150,000.00
Vendor Purchase Order Request
Dukes Root Control $53,000.00
Redlands Regular Meeting 06-21-2022 1011 of 1716
ATTACHMENT A
Summary of Annual Purchase Order Requests
(Including extensions, sole/single source, and service agreements) 7 Staff is requesting a purchase order be issued to Ferguson Enterprises, Inc. to provide Neptune water meters and miscellaneous products for standardization.
Neptune Water Meters & Miscellaneous Products
Vendor Purchase Order Request
Ferguson Enterprises, Inc. dba Ferguson
Waterworks
$430,000
Vendor Purchase Order Request
Golden Bell $63,000.00
Vendor Purchase Order Request
Groth $35,000.00
Staff is requesting a purchase order be issued to HACH Company to perform sole service support and replacement parts for the ammonium and nitrate analyzers at the City’s Wastewater Treatment Plant. They are the sole warranty provider for warranty work and replacement parts.
Wastewater Analyzer Service Support & Replacement Parts Vendor Purchase Order Request
HACH Company $115,000
Staff is requesting a purchase order be issued to JWC Environmental to provide parts and replacement of Muffin Monster sewage grinders throughout the Wastewater Treatment Plant. The specialized equipment is critical for the protection of the wastewater treatment processes. The Muffin Monsters are in continuous operation and have been in place at the plant for over 35 years. JWC Environmental is the inventor and owner of the Muffin Monster, and the sole manufacturer. All repairs performed include a one year warranty.
Muffin Monster Grinders
Vendor Purchase Order Request
JWC Environmental $40,000
Vendor Purchase Order Request
NOV $40,000.00
Vendor Purchase Order Request
Plumbers Depot $45,000.00
Staff is requesting approval of the agreement and a purchase order be issued to R&B Automation, Inc. (R&B) for annual maintenance, service, repair, material supply and support for AUMA actuator equipment for a oneyear period for $135,000.00. Electric actuators are a key component of the water and wastewater treatment plant operation and help to assure regulatory compliance. Without properly maintaining and operating actuator equipment the City’s water treatment plant facilities would be inoperable and would result in the costly down time and possible regulatory violations. R&B is the exclusive distributor for AUMA actuators in Southern California. Service alternatives would void manufacture warranties.
Preventative Maintenance, Parts and Services
Vendor Purchase Order Request
R&B Automation, Inc. $135,000.00
$125,000.00
Redlands Regular Meeting 06-21-2022 1012 of 1716
ATTACHMENT A
Summary of Annual Purchase Order Requests
(Including extensions, sole/single source, and service agreements) 8 Staff is requesting a purchase order be issued to Rockwell Engineering and Equipment Co. to provide repair and replacement parts for Vaughan chopper pumps, Pioneer centrifugal pumps, and Boerger rotary lobe pumps.
Vaughan Chopper Pumps, Pioneer Centrifuge Pumps, & Boerger Rotary Lobe Pumps Vendor Purchase Order Request
Rockwell Engineering and Equipment Co. $100,000.00
Vendor Purchase Order Request
DXP Enterprise $45,000.00
Staff is requesting a purchase order issued to Sulzer Electro-Mechanical Services (US), Inc. (Sulzer) for electrical motors repair parts and materials, maintenance and service for water and wastewater well and booster equipment. Pump motors throughout the water system have been standardized to US Motors. Sulzer is a US Motor distributor accredited by Electrical Apparatus Services Association and sole vendor within a 75 mile radius.
Water/Wastewater Maintenance Service, Repair, & Replacement Parts Vendor Purchase Order Request
Sulzer Electro-Mechanical Services (US), Inc. $190,000.00 Vendor Purchase Order Request
Tesco $673,000.00
Vendor Purchase Order Request
Unison $270,000.00 $90,000.00
Redlands Regular Meeting 06-21-2022 1013 of 1716
Redlands Regular Meeting 06-21-2022 1014 of 1716
*EXTENDED
PRICE
*EXTENDED
PRICE
(QTY X UNIT PRICE) (QTY X UNIT PRICE)
$11,343.50 $574,262.00
Comments: 1)
Priority Pollutants: Exclude Line Item 96 on this bid analysis because line item #95 must be done prior to setting the pollutants list for the rest of the sampling events. 2) Industrial and
Trunkline monitoring and Stormwater WWTP: The price for the BSK Laboratory sub-total is different because BSK included only "as package price" into the subtotal calculation. 3) Those two changes in bid prices does not change winner of the this bid package.
Before performing Bid Analysis -
Babcock Laboratory: SubTotal Unit Price $13,273.00 Sub-Total Extended Price $566,828.00 -BSK Laboratory:
Sub-Total Unit Price $10,726.50 Sub-Total Extended Price $573,480.00 *Extended Price = QTY X Unit Price
$3,465.00
STORMWATERLandfill $510.00 $5,800.00 $550.00 $6,875.00 Sub-Total $12,868.00 $565,613.00
Industrial and
Trunk line
monitoring $1,733.00 $15,674.00 $1,084.00 $12,202.00
STORMWATERWWTP $330.00 $3,180.00 $330.00
$407.00
SSO SAMPLING
(SSMP) $35.00 $315.00 $37.00 $333.00
$407.00
WASTEWATER
SLUDGE
PRIORITY
POLLUNTANTS $1,014.00 $1,014.00
$837.00 $4,080.00 $746.00 $4,290.00
UNIT PRICE UNIT PRICE
DRINKING
WATER $6,139.00 $480,685.00 $6,181.50
Projects
Babcock Laboratory BSK Laboratory
$494,140.00
$2,270.00 $54,865.00 $2,008.00 $52,550.00
Redlands Regular Meeting 06-21-2022 1015 of 1716
Redlands Regular Meeting 06-21-2022 1016 of 1716
BID NO. BID NO. 20220329-01WW BID DATE: 4/12/2022
Annual P.O. ANNUAL PO
WW DRAEGER HYDROGEN SULPHIDE
(H2S) DETECTOR TUBE FISCAL YEAR: 2022/2023
UOM Unit Price Extended
Price Unit Price Extended Price Unit Price Extended Price 1 6728821
Draeger Hydrogen Sulphide H2S Detector Tube, 2
to 200 ppm, pk/10 200 EA $66.60 $13,320.00 $78.33 $15,666.00 $95.00 $19,000.00 2 CH29801
Draeger Hydrogen Sulphide H2S Detector Tube, 5
to 600 ppm, pk/10 50 EA $62.40 $3,120.00 $73.32 $3,666.00 $90.00 $4,500.00 3 6400000 Draeger-Tube Pump Accuro 1 EA $341.60 $341.60 $401.38 $401.38 $490.00 $490.00 TOTAL SUM BID (Item 1 - 3) $16,781.60 $19,733.38 $23,990.00 Safe Environment Engineering
v
MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT
BID ANALYSIS
Item Number
PART NO. Description QTY
SKC West Technology International Inc.
Redlands Regular Meeting 06-21-2022 1017 of 1716
Redlands Regular Meeting 06-21-2022 1018 of 1716
BID NO. BID NO. 20220301-AC BID DATE: 3/16/2022
Annual P.O. ANNUAL PO WATER PARTS, SUPPLIES AND RELATED ITEMS FISCAL YEAR: 2022/2023 Unit Price Extended Price
1 1 1 BALL MTR VLV FIP W/SHORT HDL POINTED TO MTR 550 $105.94 $58,267.00 2 2 1 BALLCORP MIP X MIP 150 $63.22 $9,483.00
3 3 1 ANGLE MTR VLV PJ CTS 50 $54.54 $2,727.00
4 4 1-1/4X1 ADAPTER FCT X PJCTS W/COPPER GASKET FORD 50 $33.94 $1,697.00 5 5 1 CPLG PJ CTS 50 $20.41 $1,020.50
6 6 2 90 CPLG PJ CTS 5 $202.88 $1,014.40
7 7 1 WEDDING RINGFORD 10 $3.51 $35.10
8 8 1-1/4 WEDDING RINGFORD 30 $4.37 $131.10
9 9 6 FLGXMJ RW GATE VLV OLNDZ STEM 316 B/N 30 $584.99 $17,549.70 10 10 4 LSXPII FLG BUTTERFLYVLV OL BSN 250B/125F 5 $935.05 $4,675.25 11 11 4X2-1/2 BRZ ANGLE FIREVLV PL CAP 1-1/8 PENT 3 $693.00 $2,079.00 12 12 6X4X(2) 2-1/2 DI HYD 8HDI CAPS 1-1/8 PENT 20 $2,513.00 $50,260.00 13 13 6X6 8H HYD EXT GROOVED 5 $109.28 $546.40
14 14 6 FLG X 4'-0" SPOOL 5 $293.81 $1,469.05
15 15 16 DI C153 MJ 45 4 $460.35 $1,841.40
16 16 6 DI C153 MJ 90 5 $92.41 $462.05
17 17 6 DI C153 MJXFLG ADAPTER 5 $74.02 $370.10
18 18 16 DI C153 MJXFLGADAPTER 4 $447.52 $1,790.08
19 19 16X15 DI C153 MJ SOLIDSLV TC 4 $414.58 $1,658.32
20 20 6 DI BLIND FLG 4 $73.16 $292.64
21 21 8 DI BLIND FLG 4 $122.36 $489.44
22 22 4 DI COMP FLG FOR STL 5 $36.08 $180.40
23 23 6X4 DI FLG CON RED 1 $110.81 $110.81
24 24 8X4 DI FLG CON RED 2 $166.00 $332.00
25 25 8X6 DI FLG TEE 1 $338.42 $338.42
26 26 12X8 DI FLG TEE 1 $719.20 $719.20
27 27 10-12 B/N SET 150#PLATED A307 7/8X3-3/4 10 $25.01 $250.10 28 6-8 B/N SET 150#PLATED A307 3/4X3-1/4 25 $10.57 $264.25 29 6 RING GASKET 1/16NON-ASBESTOS 50 $2.32 $116.00
30 16 FIELD LOK 350 GASKETPO - US PIPE 25 $269.79 $6,744.75 31 6 MJ RESTRAINT W/ACC DIPIPE - ROMAC 10 $41.97 $419.70 32 6 MJ RESTRAINT W/ACC DIPIPE - STAR 10 $42.35 $423.50 33 12 MJ RESTRAINT W/ACCDI PIPE - STAR 10 $110.30 $1,103.00 34 16 MJ RESTRAINT W/ACCDI PIPE - STAR 10 $197.93 $1,979.30 35 4 CL 350 DI TJ PIPEW/GASKET 10 $28.23 $282.30
36 6 CL 350 DI TJ PIPEW/GASKET 500 $21.55 $10,775.00
37 8 CL 350 DI TJ PIPEW/GASKET 50 $28.43 $1,421.50
38 16 CL 350 DI TJ PIPEW/GASKET 25 $69.81 $1,745.25
39 8 SDR35 PVC GRAVITYSEWER PIPE 20FT 30 $11.30 $339.00 40 1 K SOFT COPPER TUBING100' 4000 $9.78 $39,120.00
41 1 K SOFT COPPER TUBING60' 6000 $9.78 $58,680.00
42 8X12 GALV VLV BOX TOP 10 $10.15 $101.50
43 2 GALV 90 10 $7.46 $74.60
44 1 GALV CAP 10 $1.63 $16.30
45 2 GALV CPLG 10 $6.01 $60.10
46 1X3/4 BRZ BUSHING 10 $3.82 $38.20
47 2 BRZ BALL VLV 10 $50.95 $509.50
48 1 REDWOOD PLUG 10 $2.11 $21.10
49 3/4 REDWOOD PLUG 25 $1.66 $41.50
50 1-1/2 FLEX CPLG1.90 OD 10 $51.14 $511.40
51 13X24X12 C GRAY HVY PLYMR BDY 50 $100.46 $5,023.00
52 13X24 GRAY TR REDLANDS NOHK LID 300 $61.15 $18,345.00 53 17X30X12 C GRAY PLYMR BDY MTR BOX 50 $120.78 $6,039.00 54 17X30 GRAY TR REDLANDS NOHK LID 300 $103.40 $31,020.00 55 2X4 BRZ NIPPLE 10 $13.55 $135.50
56 1-1/4X10-3/4 SCH80 PVCMTR JUMPER SQ CUT 50 $3.29 $164.50 57 6X3 PIPE SAVER REPAIRCLAMP 6.00 OD 10 $15.70 $157.00 58 6X3 PIPE SAVER REPAIRCLAMP 6.25 OD 10 $15.70 $157.00 59 2 90 CPLG PJ CTS 10 $202.88 $2,028.80
60 6X4x 2-1/2 CI HYD 8H PCAPS 1-1/8 PENT NUT 15 $1,841.00 $27,615.00 61 16x6 DI MJXFLG TEE 2 $644.75 $1,289.50
62 12 VAL-MATIC GLOBE STYLESILENT CHK VLV 150# FLG 1 $8,312.37 $8,312.37 63 4 CLA VAL COMB PRESSUREREDUCING & SUSTAINING 1 $8,651.52 $8,651.52 64 10 CLA VAL REDUCED PORTBOOSTER PUMP CONTROL 1 $14,642.42 $14,642.42 65 31 7-/8 250 WALL CML/CAWWA PIPE 30 $241.00 $7,230.00 66 2 ARI COMB LOW PRESSUREAIR VLV 1.5-250 PSI 5 $709.40 $3,547.00 67 2 ARI DYNAMIC COMB AIRVLV THREADED W/SCREEN 5 $811.22 $4,056.10 68 2 ANGLE BALL MTR VLV PJCTS 5 $313.47 $1,567.35
69 1 ADAPTER MIP X PJ CTS 10 $18.13 $181.30
70 2 ADAPTER MIP X PJ CTS 10 $73.00 $730.00
71 1 ADAPTER FIP X PJ CTS 10 $23.49 $234.90
72 1 ADAPTER PJ CTS X MALEINSERT PEP 30 $41.23 $1,236.90 73 3/4 K SOFT COPPER TUBING60' 480 $7.37 $3,537.60
74 1 K SOFT COPPER TUBING60' 2000 $9.78 $19,560.00
75 3/4 ARI AIR RELEASE VLVW/ONE-WAY CHK VLV 10 $239.19 $2,391.90 76 Clow LBI 400 check valve 8 hole 10 $1,793.04 $17,930.40 77 24" Manhole Frame & Cover Marked "Sewer" 10 $541.24 $5,412.40 78 22- 1/2" Manhole Frame & Cover 32 $556.70 $17,814.40 79 CI Clean Out Frame & Cover 6 $187.11 $1,122.66
80 24x3x6 Con Grade Ring for Sewer 15 $27.42 $411.30
28 81 2 ARI ROLLING SEALREPAIR KIT 3-250 PSI 10 $61.13 $611.30 TOTAL SUM BID (Item 1 - 28) $495,733.33
CITY OF REDLANDS
MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT
BID ANALYSIS
Item
Number Description Quantity
WESTERN WATER WORKS
SUPPLY COMPANY Line Item
No.
Redlands Regular Meeting 06-21-2022 1019 of 1716
Redlands Regular Meeting 06-21-2022 1020 of 1716
BID NO. 20220301-03WP BID DATE: 3/16/2022
Annual P.O. Cla-Val Products & Materials FISCAL YEAR: 2022/2023 Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1 Cla-Val
52-01B 150lb flange, globe style,
epoxy coated, Stainless steel KO
trim, 30-300lb pilot PSI rating,
bronze tubing, bronze pilots and
controls.
6" 52-01 Surge Anticipator Valve 2 $8,582.10 $17,164.20 $9,612.00 $19,224.00 $8,582.00 $17,164.00 $9,830.00 $19,660.00 2 Cla-Val 100-02-149A Pump Control Valve - no controls 2 $4,367.25 $8,734.50 $4,891.00 $9,782.00 $4,367.00 $8,734.00 $4,961.00 $9,922.00 3 Cla-Val 100-02-92D Pump Control Valve - no controls 2 $6,978.90 $13,957.80 $7,817.00 $15,634.00 $6,979.00 $13,958.00 $7,940.00 $15,880.00 4 Cla-Val 100-02-229A Pump Control Valve - no controls 2 $11,285.25 $22,570.50 $12,640.00 $25,280.00 $11,285.00 $22,570.00 $12,820.00 $25,640.00 5 Cla-Val
610-01by 150lb flange, globe style,
epoxy coated, bronze tubing,
bronze pilots and controls. CDS6A
pilot 0-40'
12" Altitude control valve one way flow 1 $18,135.75 $18,135.75 $20,311.00 $20,311.00 $18,135.00 $18,135.00 $20,658.00 $20,658.00 6 Cla-Val Buna-N repair kit Rubber
only.9169805A 2" Buna-N repair kit 1 $130.59 $130.59 $131.00 $131.00 $116.85 $116.85 $132.00 $132.00 7 Cla-Val Buna-N repair kit Rubber only.
9169813E 4" Buna-N repair kit 1 $222.35 $222.35 $233.00 $233.00 $199.00 $199.00 $226.00 $226.00 8 Cla-Val Buna-N repair kit Rubber only.
9169815K 6" Buna-N repair kit 1 $311.76 $311.76 $327.00 $327.00 $279.00 $279.00 $318.00 $318.00 9 Cla-Val Buna-N repair kit Rubber
only.9817901D 8" Buna-N repair kit 1 $374.12 $374.12 $392.00 $392.00 $334.80 $334.80 $381.00 $381.00 10 Cla-Val Booster pump control kit.
20957465F 6" Buna-N repair kit 1 $396.47 $396.47 $398.00 $398.00 $354.00 $354.00 $404.00 $404.00 11 Cla-Val Booster pump control kit.
20957466E 8" Buna-N repair kit 1 $522.35 $522.35 $523.00 $523.00 $467.00 $467.00 $529.00 $529.00 12 Cla-Val x144D full port flow meter
21182804K 4" X144 flow meter 1 $2,829.45 $2,829.45 $3,169.00 $3,169.00 $2,829.00 $2,829.00 $3,199.00 $3,199.00 13 Cla-Val x144D full port flow meter
21182806H 6" X144 flow meter 1 $2,829.45 $2,829.45 $3,169.00 $3,169.00 $2,829.00 $2,829.00 $3,199.00 $3,199.00 14 Cla-Val 21418806F XP2F Metering Package 1 $4,522.10 $4,522.10 $5,065.00 $5,065.00 $4,522.00 $4,522.00 $5,112.00 $5,112.00 15 Cla-Val 21418807E XP2F Metering Package 1 $4,522.10 $4,522.10 $5,065.00 $5,065.00 $4,522.00 $4,522.00 $5,112.00 $5,112.00 TOTAL SUM BID (Item 1 - 13) $97,223.49 $108,703.00 $97,013.65 $110,372.00 TOTAL SUM BID PER BIDDERS PROPOSAL (Item 1 - 13)
CITY OF REDLANDS
MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT
BID ANALYSIS
Item Number Manufacturer Description Quantity
FERGUSON WATERWORKS HYDROCURRENT WELL
SERVICES
Western Water Works
Supply US Valve Supply LLC
Part No.
Redlands Regular Meeting 06-21-2022 1021 of 1716
Redlands Regular Meeting 06-21-2022 1022 of 1716
BID NO. BID NO. 20220301-04WP BID DATE: 3/16/2022
Annual P.O. ANNUAL PO MCCROMETER FLOW METER SUPPLIES FISCAL YEAR: 2022/2023 Unit Price Extended Price
1 1 MW504, 4" 150PSI flange Flow Meter CF x100/GPM 6 $1,567.49 $9,404.94 2 2 MW506, 6" 150PSI flange Flow Meter CF x100/GPM 6 $1,852.07 $11,112.42 3 3 MW508, 8" 150PSI flange Flow Meter CF x100/GPM 6 $2,248.34 $13,490.04 4 4 MW510, 10" 150PSI flange Flow Meter CF x100/GPM 4 $2,727.23 $10,908.92 5 5 MW512, 12" 150PSI flange Flow Meter CF x100/GPM 4 $3,235.19 $12,940.76 6 6 E7000-00 transmitter 12 $937.86 $11,254.32
7 7 D0104-00 [6"- 4" drive cable] 20 $17.64 $352.80
8 8 D0122-00 [8" drive cable] 20 $17.64 $352.80
9 9 D0123-00 [10" drive cable] 20 $19.60 $392.00
10 10 D0106-00 [12" drive cable] 20 $12.74 $254.80
11 11 PT105-99 [4" impeller] 20 $186.20 $3,724.00
12 12 P0106-99 [6" impeller] 20 $224.42 $4,488.40
13 13 P0108-99 [8" impeller] 20 $248.92 $4,978.40
14 14 P0110-99 [10" impeller] 20 $256.76 $5,135.20
15 15 P0112-99 [12" impeller] 20 $308.70 $6,174.00
16 16
UM06-06-R6" ULTRA MAG FLOWMETER ELECTROMAGNETIC FLOW METER WITH REMOTE MOUNTED VAC POWERED SIGNAL CONVERTER AND 25 FEET OF SUBMERSIBLE CABLE, AWWA CLASS D 150 PSI FLANGES, FUSION BONDED EPOXY LINED, SS316 ELECTRODES AND TWO SS316 GROUNDING RINGS 6 $2,954.46 $17,726.76 17 17
UM06-08-R 8" ULTRA MAG FLOWMETER ELECTROMAGNETIC FLOW METER WITH REMOTE MOUNTED VAC POWERED SIGNAL CONVERTER AND 25 FEET OF SUBMERSIBLE CABLE, AWWA CLASS D 150 PSI FLANGES, FUSION BONDED EPOXY LINED, SS316 ELECTRODES AND TWO SS316 GROUNDING RINGS. 6 $3,534.20 $21,205.20
18 18
UM-06-10-R 10" ULTRA MAG FLOW METER ELECTROMAGNETIC FLOW METER WITH REMOTE MOUNTED VAC POWERED SIGNAL CONVERTER AND 25 FEET OF SUBMERSIBLE CABLE, AWWA CLASS D 150 PSI FLANGES, FUSION BONDED EPOXY LINED, SS316 ELECTRODES AND TWO SS316 GROUNDING RINGS 6 $4,082.78 $24,496.68
19 19
UM06-12-R12" ULTRA MAG FLOWMETER ELECTROMAGNETIC FLOW METER WITH REMOTE MOUNTED VAC POWERED SIGNAL CONVERTER AND 25 FEET OF SUBMERSIBLE CABLE, AWWA CLASS D 150 PSI FLANGES, FUSION BONDED EPOXY LINED, SS316 ELECTRODES AND TWO SS316 GROUNDING RINGS. 6 $4,363.22 $26,179.32
TOTAL SUM BID (Item 1 - 28) $184,571.76
CITY OF REDLANDS
MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT
BID ANALYSIS
Item
Number Description Quantity
WESTERN WATER WORKS
SUPPLY COMPANY
Line Item
No.
Redlands Regular Meeting 06-21-2022 1023 of 1716
Redlands Regular Meeting 06-21-2022 1024 of 1716
Redlands Regular Meeting 06-21-2022 1025 of 1716
BID NO. BID NO. 20220301-001WP BID DATE: 3/16/2022
Annual P.O. ANNUAL PO Water & Wastewater Facilities Maintenance, Parts, Supplies, and Related Materials FISCAL YEAR: 2022/2023 Unit Price Extended Price
1 1 Regulator Fitting-Inlet Nipple CGA #580 3” Long ¼” NPT 12 $3.89 $46.68 2 2 Regulator Fitting-Inlet Nut, CGA #580 Male Thread 1-3/16” Long 12 $4.45 $53.40 3 3 Wire Rope Sling with Hooks, Three Leg, 3/8” Diameter, 3 Feet Long 4 $241.78 $967.12 4 4 High-Strength Oil-Resistant Buna-N Rubber Sheet; 12” Width x 12” Length, 1” Thickness, 40A Durometer 12 $130.37 $1,564.44 5 5 AC Motor-Start Capacitor 340-408 MU-F Capacitance Voltage 125, Terminal Width ¼” 12 $8.23 $98.76 6 6 Wall-Mount and Bench Top Shelf Cabinet with Lock, 2 Keys, 5 Shelves, 26-1/2”x 30”x 9” Overall. Steel/Paint 4 $233.14 $932.56 7 7 High-Speed Steel ½” Diameter Reduced-Shank Drill Bit 13/16”.6” Overall Length, 2, 10” Drill Depth 20 $34.69 $693.80 8 8 Strut Channel. Slotted Hole, Fiberglass, 6 Feet Length 5/8” Square. 20 $71.71 $1,434.20 9 9 Natural Rubber Vibration Damping Sandwich Mount Male/Male, Stainless Steel, 3/8” -16 Thread,3/4” High, 2” Wide 30 $11.26 $337.80 10 10 Vibration – Damping Strut-Mount Routing Clamp. Plastic with Rubber Cushion, 3/8” ID 30 $5.43 $162.90 11 11 Vibration & Noise-Damping Strut-Mount Clamp for ½” Outside Diameter, ¼” Pipe 30 $7.67 $230.10 12 12 Food Grade Gear Oil. ISO Grade 320, SAE Grade 140, AGMA Grade 6. 5 Gallon 10 $241.84 $2,418.40 13 13 Brass Air-Release Valve with Vented Outlet for Water, ¾ NPT Male Inlet, 150 PSI 12 $39.96 $479.52 14 14 Food-Grade Grit-Top Fiberglass Grating. 1-1/2” High 1-1/2” x 1- 1/2” Opening. 4’ Wide x 3’10” Long. 10 $634.49 $6,344.90 15 15 Water Filter with Easy-View Bowl, for Particles, ¼ NPT, 10gpm 12 $34.93 $419.16 16 16 Hammer-Driven Gasket and Washer Punch Set. One Step includes 15 Different inch Punches 6 $299.95 $1,799.70 17 17 Drop-in Liquid-Level Transmitter 0-30’ of Water, 40’ Cable Length. 316L Stainless Steel Clean Water 6 $564.78 $3,388.68 18 18 Food Grade Oil. ISO Grade 150, SAE Grade 90, AGMA Grade 4. 5 Gallon. 10 $248.86 $2,488.60 19 19 Wash-down Limit Switch. Adjustable Roller Lever. ½” NPT Female Conduit Entry 10 amps @ 300 Volt AC 6 $80.58 $483.48 20 20 Corrosion-Resistant 304 Stainless Steel Woven Wire Cloth 14 x 14 Mesh, .020” Wire Diameter, 36” Wide, 20’ Long 4 $491.00 $1,964.00 21 21 Sound and Vibration Damper Sheets. Aluminum, 1/64” Thick, 24” x 48” 6 $39.13 $234.78 22 22 Drop-in Liquid-Level Transmitter 0-15’ of Water, 40’ Cable Length. 316L Stainless Steel Clean Water 6 $564.78 $3,388.68 23 23 Inline Flowmeter 0.5-5 gpm for Water, with PVC Fittings ½” NPT Female 6 $106.06 $636.36 24 24 Wash-down Switch, NEMA 4, 0.5 to 15 PSI. ½” NPT Female Conduit Port. 10 Amps @ 125/250 Volts AC 6 $243.75 $1,462.50 25 25 Miniature Nylon Suction Strainer. 2 NPT Male, 10 Mesh. 304SS Screen Material 12 $23.69 $284.28 26 26 Gas Regulator for Oxygen, CGA #540 Female Inlet, 0-125 PSI 4 $204.07 $816.28 27 27 Gas Regulator for Acetylene, CGA 510 Male Inlet, Heavy Duty, 0-15 PSI 4 $226.35 $905.40 28 28 Victor Professional Welding & Cutting Kit. Heavy Duty, ¾” Cut Capacity 6 $803.33 $4,819.98 TOTAL SUM BID (Item 1 - 28) $38,856.46
CITY OF REDLANDS
MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT
BID ANALYSIS
Item
Number
Description Quantity
MCMASTER-CARR SUPPLY
COMPANY
Line Item
No.
Redlands Regular Meeting 06-21-2022 1026 of 1716
Redlands Regular Meeting 06-21-2022 1027 of 1716
BID NO. BID NO. 20220301-01WP BID DATE: 3/16/2022
Annual P.O. ANNUAL PO WATER & WASTEWATER TREATMENT PLANT SUPPLIES FISCAL YEAR: 2022/2023 Unit Price Extended Price
1 1 Water, Deionized, 4 L 12 $34.72 $416.64
2 2 Formazin Turbidity Standard, 4000 NTU, 500 mL 6 $96.02 $576.12 3 3 Disposable Wipes, 11 x 22 cm, 280 per package 60 $10.33 $619.80 4 4 DPD Free Chlorine Reagent, Swiftes Dispenser Refill Vial, 250 Tests 30 $56.89 $1,706.70 5 5 Chlorine (Total) Test Kit, Model CN-21P 10 $76.33 $763.30 6 6 Stablcal® Turbidity Standards Calibration Kit, 0 - 7500 NTU, Sealed Vials 10 $383.15 $3,831.50 7 7 Stablcal® Turbidity Standard, 20.0 NTU, Bottle (1 L) 12 $180.42 $2,165.04 8 8 pH Electrode Storage Solution, 500 mL 6 $44.47 $266.82 9 9 Buffer Solution Kit, Color-coded, pH 4.01, pH 7.00 and pH 10.01, 500 mL 6 $35.40 $212.40 10 10 Surface Scatter® 7 Turbidimeter with sc200 Controller, CH 1 2 $8,082.04 $16,164.08 11 11 Turbidity Standard, Stablcal®, 400.0 NTU, 500 mL 6 $85.93 $515.58 12 12 Pocket Pro pH Tester 4 $115.43 $461.72
13 13 HQ440D Laboratory Dual Input, Multi-Parameter Meter 2 $1,918.66 $3,837.32 14 14 TU5200 Laboratory Laser Turbidimeter without RFID, EPA Version 2 $4,293.22 $8,586.44 15 15
TU5300 sc Low Range Laser Turbidimeter with Flow Sensor, Automatic Cleaning, RFID, and System Check, EPA Version 4 $3,232.04 $12,928.16 16 16 Intellical™ PHC301 Laboratory General Purposes Refillable pH Electrode, 1 m Cable 6 $342.41 $2,054.46 17 17 Filling Solution, Reference, 3 M KCl with AgCl, 100 mL 12 $28.03 $336.36 18 18 DPD Free Chlorine Reagent, Swiftest Dispenser 20 $74.87 $1,497.40 19 19 Lamp Assembly for 1720D and 1720E Low-range Turbidimeters 20 $76.19 $1,523.80
CITY OF REDLANDS
MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT
BID ANALYSIS
Item
Number Description Quantity
HD SUPPLY FACILITIES
MAINTENANCE d/b/a/
USABLUEBOOK
Line Item
No.
Redlands Regular Meeting 06-21-2022 1028 of 1716
20 20 PhosVer 3 Powder Pillow 100 count 14 $43.46 $608.44 21 21 Glass Sample Cells 6 count 12 $44.32 $531.84
22 22 DPD4 Total chlorine dispenser 10 $58.05 $580.50
23 23 Blue-White FLEXFLO A-100N Replacement Flex-A-Thane 12 $34.08 $408.96 24 24 Sampling Station Cold Climate #88‚ 4’ Bury Depth‚ Low Lead‚ 88-LLBRASS-48"BURY 8 $1,115.50 $8,924.00 25 25 Rosemount 2051 Pressure Transmitter‚ with LOI Differential‚ -250 to 250"H2O 8 $1,665.11 $13,320.88 26 26 2088 Gauge Pressure Transmitter 0 to 150 psi‚ with LOI Display 8 $1,221.07 $9,768.56 27 27 3051 DIFFERENTIAL PRESSURE TRANSMITTERS, WITH LCD DISPLAY 4 $2,533.01 $10,132.04 28 Rosemount 306 In-Line Manifold 8 $189.67 $1,517.36
29 KPSI Series 705 Submersible Transmitter, 0 to 5 PSI 8 NO BID NO BID 30 KPSI 320 Submersible Level Transmitter‚ 316 SS‚ 0 to 150 PSI 8 NO BID NO BID 31 DE chlorination Tablets‚ 45 lbs 6 $630.50 $3,783.00
32 High-Performance Hydrant Meter w/ Gate Valve, 22"L, Cubic Feet 4 $995.17 $3,980.68 33 DCT Double-Wall Tank for Sodium Hypochlorite‚ 360 Gallon 4
MUST CALL
FOR
PRICE
MUST CALL FOR
PRICE
34 Draeger Hydrogen Sulphide H2S Detector Tube, 2 to 200 ppm, pk/10 200 NO BID NO BID
35 Draeger Hydrogen Sulphide H2S Detector Tube, 5 to 600 ppm, pk/10 50 NO BID NO BID TOTAL SUM BID (Item 1 - 28) $112,019.90
Redlands Regular Meeting 06-21-2022 1029 of 1716
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P.O. request CHECKLIST for Bids/Quotes
(Check applicable)
P.O. for:
Account #:
Vendor:
Amount:
1. PR
2. Solicitation (RFB/Q) and NIB
3. Bid Responses/Analysis/Sole Source/City Clerk Tabulation
4. Single Bid Survey
5. W9
6. Insurance
7. Bond
8. Business License
9. Staff Report (signed)
10. Agreement (signed)
11. City Council Minutes/Council Approval
12. SAM (Purchasing-internal) over $20,000
Completed By: _________________________________ Date: ________________ rev. 10.29.18
Christian Duenez
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Sole Source/ Single Source/ Standardization Form
For procurement of supplies, equipment and services valued at $5,000 and over NOTE: Every question must be answered with appropriate documentation attached; incomplete forms will be immediately rejected by Purchasing.
Date:_______________________
TO: Purchasing Division
FROM: ________________________________
Purchase Requisition # ___________________
Estimated Total Cost: $_________________
Proposed Vendor: ______________________
Request Term: _________________
This form must accompany the purchase document whenever an exception to the competitive process is requested. Requests for goods and/or services from a specific vendor or limited to a specific brand, where substitutes to the recommended vendor or brand are unacceptable, must be accompanied by a written justification explaining the circumstances that make alternatives unacceptable.
The City Manager will determine whether the justification is appropriate. Requests for exception must be supported by factual statements that will pass an audit.
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INSTRUCTIONS
1. Please check all applicable categories (a. through i.) below and provide additional information where indicated.
a. The requested product is an integral repair part or accessory compatible with existing equipment.
Existing Equipment:
Manufacturer/Model Number:
Age:
Current Estimated Value:
b. The requested product has unique design/performance specifications or quality requirements that are not available in comparable products. c. I have standardized the requested product and the use of another brand/model would require considerable time and funding to evaluate.
d. The requested product is one in which I (and/or my staff) have specialized training and/or extensive expertise. Retraining would incur substantial cost in time and/or funding.
e. The requested product is used or demonstration equipment available at a lower-thannew cost. f. Repair/Maintenance service is available only from manufacturer or designated service representative.
g. Upgrade to or enhancement of existing software is available only from manufacturer. h. Service proposed by vendor is unique; therefore, competitive bids are not available or applicable.
i. Other factors (provide detailed explanation in #2 below).
2. Provide a detailed explanation and pertinent documentation for each category checked in item 1 above. Attach additional sheets if necessary:
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3. Was an evaluation of other equipment, products, or services performed? Yes No
If yes, please explain the type of evaluation performed and provide all supporting documentation:
4. List below the name of each individual who was involved in the evaluation, if conducted, and in making the recommendation to procure this product or service. Attach additional information, if necessary.
5. Explain what action(s) the department would take if the sole/single source services were no longer available
6. I certify that the above information is accurate to the best of my knowledge, and a signed copy of this document will be kept on file and available for audit in my department _________________________________________________________ Prepared by Date
_________________________________________________________ Department Director Date
Purchasing Approvals
______________________________________________________
Purchasing Agent Approval Date
_______________________________________________________ City Manager Approval Date
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City of
REDLANDS
Incorporated 1888
Municipal Utilities & Engineering Department
35 Cajon Street, Suite 15A
Redlands, CA 92373
909-798-7698
TO: Dana Abramovitz, Purchasing Manager
FROM: Fernando Mata, Wastewater Operations Superintendent DATE: March 22, 2021
SUBJECT: Sole/Single Source Memo Aerzen USA Corp
The Municipal Utilities & Engineering Department is requesting to utilize Aerzen for maintenance and replacement parts for the Aerzen turbo blowers at the Wastewater Treatment Plant’s MBR facility. A turbo blowers is a type of positive pressure units that transfers air flow from the atmosphere to the ultra-filters that purify the wastewater.
The Wastewater Division has three (3) critical Aerzen Turbo Blowers that operate continuously and require maintenance, service, and replacement of parts. Aerzen USA Corp can provide the procurement of non-competitive/sole source pricing of these blowers.
The cost is included in MUED’s FY 2022/2023 budget.
John R. Harris
MUED Director
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---------.--. .... � . C,,;,,V- . ....---
"ACIIYT&:rWoKKS"
P.O. request CHECKLIST for Bids/Quotes
(Check applicable)
P .0. for:
Account#:
Vendor:
Amount:
1. [Z]
2. □
3. [Z]
4. □
5. IZ]
6. [Z]
7. □
8. [Z]
9. □
10. □
11. □
12. □
rev. 10.29.18
WATER METERS AND MISC SUPPLIES
501900-7808
FERGUSON
WATERWORKS $430,000.00
PR
Solicitation (RFB/Q) and NIB
Bid Responses/ Analysis/Sole Source/City Clerk Tabulation Single Bid Survey
W9
Insurance
Bond
Business License
Staff Report (signed)
Agreement (signed)
City Council Minutes/Council Approval
SAM (Purchasing-internal) over $20,000
Redlands Regular Meeting 06-21-2022 1163 of 1716
--------� � "ACnvfHATWoRKS"
Sole Source/ Single Source/ Standardization Form
For procurement of supplies, equipment and services valued at $5,000 and over NOTE: Every question must be answered with appropriate documentation attached; incomplete forms will be immediately rejected by Purchasing.
Date: 3/1 /22
TO: Purchasing Division
FROM:MUED -------------
Purchase Requisition# ANNUAL PO
Estimated Total Cost:$ 430,000
-------
Proposed Vendor:
FERGUSON WATERWORKS
Request Term:
07/01/22-06/30/23
This form must accompany the purchase document whenever an exception to the competitive process is requested. Requests for goods and/or services from a specific vendor or limited to a specific brand, where substitutes to the recommended vendor or brand are unacceptable, must be accompanied by a written justification explaining the circumstances that make alternatives unacceptable.
The City Manager will determine whether the justification is appropriate. Requests for exception must be supported by factual statements that will pass an audit.
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AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of professional laboratory services (“Agreement”) is made and entered in this 21st day of June, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Babcock Laboratories, Inc. a California corporation (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE 1 – ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide professional laboratory services for City (the “Services”).
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 – SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, any applicable State prevailing wage laws.
ARTICLE 3 – RESPONSIBILITIES OF CITY
3.1 City designates John R. Harris, Municipal Utilities and Engineering Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.
ARTICLE 4 – PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by reference.
4.2 The term of this Agreement shall be for a period of one (1) year beginning July 1, 2022 (the “Initial Term”). The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an “Extended Term”), on the Redlands Regular Meeting 06-21-2022 1272 of 1716
same terms and conditions, by providing written notice to Consultant at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term.
ARTICLE 5 – PAYMENTS TO CONSULTANT
5.1 The compensation for Consultant’s performance of the Services shall not exceed the amount of two hundred sixty five thousand dollars ($265,000) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of two hundred sixty five thousand dollars ($265,000) for the first Extended Term; and Two Hundred Sixty Five Thousand Dollars ($265,000) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of seven hundred ninety five thousand dollars ($795,000). For the Initial Term and each Extended Term, City shall pay Consultant on a time and materials basis up to the not to not-to-exceed amount in accordance with the rates specified in Exhibit “B,” titled “Price Sheet,” which is attached hereto and incorporated herein by reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant’s invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY: CONSULTANT:
City Clerk Tiffany Gomez, President CEO
City of Redlands Babcock Laboratories, Inc.
35 Cajon Street 6100 Quail Valley Ct.
P.O. Box 3005 (mailing) Riverside, CA 92507
Redlands, CA 92373 [email protected]
[email protected] (951) 653-3351 x230
(909) 798-7531
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ARTICLE 6 – INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.
A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers’ compensation laws of the State of California. Consultant shall execute and provide City with Exhibit “C,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
D. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor.
6.2 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services.
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ARTICLE 7 – CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant’s Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.
ARTICLE 8 – GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City’s immediate termination of this Agreement.
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8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant’s employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.
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8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement.
CITY OF REDLANDS BABCOCK LABORATORIES, INC.
By: _____________________________ By: _________________________ Paul T. Barich, Mayor Tiffany Gomez, President CEO
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting 06-21-2022 1277 of 1716
EXHIBIT "A"
SCOPE OF SERVICES
Babcock Laboratories must possess the skills, licenses, certifications, and professional expertise necessary to provide the analytical services to the City at a level of competency presently maintained by other environmental testing laboratories in the industry that offer similar types of services. Babcock Laboratory shall be ELAP, NELAP certified, and EPA approved for all UCMR5 constituents.
95% of lab analyses listed in the fee schedule shall be conducted in-house without subcontracting.
Quality of laboratory test shall be NELAP-Approved Quality Assurance Manual, adhere to a strict Code of Ethics, policy, MDLs below the MRL, LCS, and MS shall be conducted with each sample batch (for selected tests), and MRL check shall be performed with each sample batch (for selected tests).
The laboratory shall maintain accreditation and laboratory license to perform testing, audit the most recent 3rd party audit report of quality systems (required as part of accreditation), PT Results – most recent 3rd part proficiency test results (required as part of accreditation), QA Manual – Table of contents will illustrate the depth of policies and procedures, SOPs – laboratory procedures for analysis according to approved test methods, MALs – method acceptance limits for each analytical method to illustrate precision and accuracy, MDLs – annual demonstration of capability to meet specific reporting limits, instrumentation – documentation of laboratory’s investments in and commitment to technological advancements.
Babcock Laboratories shall dedicate at least one (1) instrument for each analysis, and a minimum of two (2) dedicated instruments and two (2) dedicated staff members for Volatiles, Perchlorate, Nitrate. They shall be available for deliveries and pick-ups five (5) days per week and on the weekend when required using laboratory staff (no 3rd part pick-ups).
Shall utilize web-based data reporting system, EDT (EDF, CDX, CLIP, and SWRCB) capability, EDD (LabCal and HACH-WIMS) capability, invoices shall be submitted to the City within 30 days of the report, provide waterproof labels on pre-labeled containers that are color-coded according to preservatives; with lot number and expiration date of preservative, provide ice packs and packaging material for sample transportation and a customized chain of custody form for every sample point, deliver reports with the proper project name and identification of either drinking water, wastewater, industrial monitoring, stormwater, SSO’s or sludge and provide laboratory reports to the appropriate designated city staff within a 10-day timeframe or sooner unless it is considered a rush sample which shall be submitted within a three (3) day timeframe Redlands Regular Meeting 06-21-2022 1278 of 1716
or sooner. When Babcock Laboratories staff notice abnormal data results, staff need to notify city staff within 48 hours of findings. (Certain analyses are required within 24 hours of finding the result. Those analyses will be agreed upon between City and Babcock Laboratories) When Babcock staff provides sampling service for City, staff must follow every step and safety measure written in the method and regulations.
Laboratory also needs to provide reports in PDF and CSV formats (EDT format when it’s necessary) when reports are delivered to City’s staff.
Babcock Laboratories shall provide a description of the sample kits to be used, sample return method shall meet analytical hold times and cost implications, order login and acknowledgment, the method for organizing work orders, communicate with City any issue at onset, QA/QC measures taken to assure accuracy, precision, completeness, and correctness of data, and contingency plan to work assignments in the event of instrument failure or lack of staffing.
Babcock Laboratories shall comply with all applicable Federal, State, and local laws during the performance of these specifications.
Redlands Regular Meeting 06-21-2022 1279 of 1716
EXHIBIT "B"
PRICE SHEET
ITEM
NO.
EST.
QTY DRINKING WATER TEST METHOD
UNIT
PRICE
*EXTENDED
PRICE
(QTY X UNIT
PRICE)
1 100 Total Alkalinity SM2320B $9.00 $900.00
2 10 Apparent Color SM 2120B $7.00 $70.00
3 20 Asbestos EPA 100.2 $200.00 $4,000.00
4 200 Carbamates EPA 531.1 $55.00 $11,000.00
5 25 Chloride EPA 300.0 $8.00 $200.00
6 500
Chlorinated Acid
Herbicides by GCECDEPA 515.4 $55.00 $27,500.00
7 100
Coliform,
Presence/Absence by
Colilert
SM 9223B $13.00 $1,300.00
8 50 Cyanide (Free) SM 4500-CN G $25.00 $1,250.00
9 50 Dioxin EPA 1613 $250.00 $12,500.00
10 50 Diquat and Paraquat EPA 549 $125.00 $6,250.00
11 500 EDB and DBCP by
GC-ECD EPA 504.1 $40.00 $20,000.00
12 50 Endothall by GC-MS EPA 548.1 $70.00 $3,500.00
13 25 Fluoride EPA 300.0 $8.00 $200.00
14 100 General Minerals See Appendix A $128.00 $12,800.00 15 600 General Physicals See Appendix B $18.00 $10,800.00 16 50 Glyphosate by HPLC EPA 547 $65.00 $3,250.00
17 100 Gross Alpha by Coprecipitation SM 7110C $35.00 $3,500.00 18 940 Haloacetic Acids EPA 552 $35.00 $32,900.00
19 100 Hexavalent Chromium
(20 ppt MRL) EPA 218.7 $25.00 $2,500.00
20 100 Inorganics See Appendix C $115.00 $11,500.00
21 50
Langelier’s Saturation
Index (see AppendixLangelier Saturation
Index)
SM 2330B $1.00 $50.00
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22 100 Lead and Copper
EPA 200.7 AND
EPA 200.8 AND
SM 3113B
$16.00 $1,600.00
23 100 MPN ( TOTAL &
Fecal Coliform) SM9221B,C,E $15.00 $1,500.00
24 100 MPN(Total Coliform
& E.coli 10test tube) SM9223B $15.00 $1,500.00
25 75 Mercury EPA 245.1 $16.00 $1,200.00
26 75
Metals by ICP
Aluminum, Barium,
Boron, Calcium,
Copper, Iron,
Magnesium,
Manganese, Potassium,
Silica, Silver, Sodium,
Zinc (per element)
EPA 200.7 $8.00 $600.00
27 75
Metals by ICPMS
Antimony, Arsenic,
Beryllium, Cadmium,
Chromium, Cobalt,
Copper, Iron, Lead,
Manganese, Mercury,
Nickel, Silver,
Selenium, Thallium,
Uranium, and Zinc
(per element)
EPA 200.8 $8.00 $600.00
28 100 Nitrate as N EPA 300.0 $8.00 $800.00
29 25 Nitrite as N EPA 300.0 $8.00 $200.00
30 10 Odor (TON) EPA 140.1M $7.00 $70.00
31 500 Organohalide
Pesticides and PCBs EPA 505 $57.00 $28,500.00
32 200 Perchlorate (2.0 ppb
MRL) EPA 332 $25.00 $5,000.00
33 16 PFAS SWRCB
–
Portable Wells See Appendix G $275.00 $4,400.00
34 4
PFAS SWRCB –
Portable Wells
Sampling (Per
sampling event)
See Appendix H $500.00 $2,000.00
35 50 pH SM 4500-H+B $7.00 $350.00
36 100 Rad226-228 RA
-226GA RA-
228GA $220.00 $22,000.00
37 500 Semi
-Volatiles
Organics by GC-MS EPA 525.3 $55.00 $27,500.00
38 100 Specific Conductance SM 2510B $7.00 $700.00
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39 100 Sulfate EPA 300.0 $9.00 $900.00
40 100 Surfactants SM 5540C $25.00 $2,500.00
41 100 Title-22 (Full) See Appendix D $1,388.00 $138,800.00 42 100
1,2,3-
Trichloropropane
(TCP)
EPA 524 $50.00 $5,000.00
43 100 Total Dissolved Solid
(TDS) SM 2540C $10.00 $1,000.00
44 50 Total Hardness SM 2340C $16.00 $800.00
45 100 Total Organic Carbon SM 5310B $35.00 $3,500.00
46 940 Trihalomethanes EPA 524 $35.00 $32,900.00
47 10 Turbidity EPA 180.1 $7.00 $70.00
48 100 Volatile Organics EPA 524 $55.00 $5,500.00
49 1 Water Suitability
Ratio SM 9020 $400.00 $400.00
50 16 UCMR 5 - Lithium
EPA 200.7, SM
3120B (2017),
SM 3120 B-99
(1999) or ASTM
D1976-20
$50.00 $800.00
51 16 UCMR 5 – PFAS (29
contaminants) See Appendix F $725.00 $11,600.00
52 16 Item 50 and 51 as a
package
Method
indicated in
items 50-51
$775.00 $12,400.00
53 1 Uranium EPA 200.8 $25.00 $25.00
DRINKING WATER SUBTOTAL $6,139.00 $480,685.00
ITEM
NO.
EST.
QTY WASTEWATER TEST METHOD
UNIT
PRICE
*EXTENDED
PRICE
(QTY X UNIT
PRICE)
54 25
Anions(Cl, F, NO2-
N,NO3-N,SO4 &PO4-
P)
EPA-300 $48.00 $1,200.00
55 20 Ammonia SM 4500 NH-D $10.00 $200.00
56 20 Biochemical Oxygen
Demand (BOD) SM 5210 $40.00 $800.00
57 20 Chemical Oxygen
Demand (COD)
HACH 8000 or
SM 5220 B,C or
D
$20.00 $400.00
58 25 Chloride EPA 300.0 $8.00 $200.00
59 25 Fluoride EPA 300.0 $8.00 $200.00
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60 50 Hexavalent Chromium
(20 ppt MRL) EPA 218.6 $25.00 $1,250.00
61 50 Mercury EPA 245.1 $16.00 $800.00
62 50 MPN(Total & Fecal
coliform) SM9221B,C,E $25.00 $1,250.00
63 75
Metals by ICP Sodium
and Boron (per
element)
EPA 200.7 $8.00 $600.00
64 75
Metals by ICPMS
Sodium and Boron
(per element)
EPA 200.8 $8.00 $600.00
65 75
Metals by ICP Arsenic,
Barium, Cadmium,
Cobalt, Copper,
Chromium Total, Iron,
Lead, Manganese,
Mercury, Selenium,
Silver, Sodium, Boron,
Nickel, Zinc,
Chromium VI as a
package
EPA 200.7 $153.00 $11,475.00
66 75
Metals by ICPMS
Arsenic, Barium,
Cadmium, Cobalt,
Copper, Chromium
Total, Iron, Lead,
Manganese, Mercury,
Selenium, Silver,
Sodium, Boron, Nickel,
Zinc, Chromium VI as
a package
EPA 200.8 $153.00 $11,475.00
67 25 Nitrate as N EPA 300.0 $8.00 $200.00
68 25 Nitrite as N EPA 300.0 $8.00 $200.00
69 25 Orthophosphate as P EPA 300.0, $8.00 $200.00
70 16 PFAS SWRCB –
Wastewater See Appendix G $300.00 $4,800.00
71 4
PFAS SWRCB –
Wastewater Sampling See Appendix H $1,200.00 $4,800.00
(Per sampling event)
72 50 Phenolic Compounds EPA 420.4 $35.00 $1,750.00
73 50 Silica EPA 200.7 $8.00 $400.00
74 50 Strontium by ICPMS EPA 200.8 $8.00 $400.00
75 25 Sulfate EPA 300.0 $8.00 $200.00
76 50 Cyanide Free SM4500CNF $25.00 $1,250.00
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77 50 Cyanide Total EPA 335.4 $25.00 $1,250.00
78 20 Total Alkalinity SM2320B $9.00 $180.00
79 25 Total Dissolved Solid SM2540C $15.00 $375.00
80 25 Total Hardness SM 2340C $16.00 $400.00
81 50 Total Kjeldahl
Nitrogen EPA 351.2 $25.00 $1,250.00
82 200 Total Organic Carbon SM 5310B $25.00 $5,000.00
83 20 Total Suspended Solids SM 2540D $18.00 $360.00
84 200 Turbidity SM 2130B or
EPA 180.1 $7.00 $1,400.00
WASTEWATER SUBTOTAL $2,270.00 $54,865.00
ITEM
NO.
EST.
QTY
SLUDGE
(ACCORDING TO
METHODS IN SW846, EXCEPT TOTAL
COLIFORM)
TEST
METHOD
UNIT
PRICE
*EXTENDED
PRICE
(QTY X UNIT
PRICE)
85 15 Ammonia as N EPA 350.1 $15.00 $225.00
86 2 Dioxin/Dibenzofurans
EPA 608.3, 624.1
or 625.1 (with a
detection limit of
<1 mg/g
$650.00 $1,300.00
87 25 Hexavalent Chromium
(20 ppt MRL) EPA 7196 $25.00 $625.00
88 25 Mercury EPA 7471A $16.00 $400.00
89 25
Metals by ICPMS
Antimony, Arsenic,
Beryllium, Cadmium,
Total Chromium,
Cobalt, Copper, Lead,
Molybdenum, Nickel,
Selenium, Silver,
Thallium, Vanadium,
and Zinc (per element)
EPA 6020 and
EPA SW846
Series
$8.00 $200.00
90 25 Nitrate as N EPA 9056 $8.00 $200.00
91 9 Paint Filter Test EPA 9095 $25.00 $225.00
92 12 Percent Solids SM 2540B $15.00 $180.00
93 25 Total Kjeldahl
Nitrogen EPA 351.2 $25.00 $625.00
94 2
Toxicity
Characteristics
Leaching Procedure
EPA Method
1311 or EPA
6020
$50.00 $100.00
Sludge SUBTOTAL $837.00 $4,080.00
Redlands Regular Meeting 06-21-2022 1284 of 1716
ITEM
NO.
EST.
QTY
PRIORITY
POLLUTANTS LIST
TEST
METHOD
UNIT
PRICE
*EXTENDED
PRICE
(QTY X UNIT
PRICE)
95 1
Annual: Current list
126 Priority Pollutants
(EPA 40 CFR Part
423, Appendix-Partial
Priority Pollutant List)
Exclude Asbestos
Refer to EPA, 40
CFR Part 423,
AppendixPartial Priority
Pollutant List
$1,014.00 $1,014.00
96 3
*Quarterly: Partial
Priority Pollutants List
(To be determined by
detected pollutants
from Line Item # 95.)
Exclude Asbestos
Refer to EPA, 40
CFR Part 423,
AppendixPartial Priority
Pollutant List
$405.00 $1,215.00
PRIORITY POLLUTANTS SUBTOTAL $1,419.00 $2,229.00
ITEM
NO.
EST.Q
TY
SSO SAMPLING
(SSMP)
TEST
METHOD
UNIT
PRICE
*EXTENDED
PRICE
(QTY X UNIT
PRICE)
97 9 Total Coliforms and E.
coli
Quantitray $25.00 $225.00 SM9223 B
98 9 Ammonia, (Total) SM4500 NH3N $10.00 $90.00
SSO Sampling SUBTOTAL $35.00 $315.00
ITEM
NO.
EST.Q
TY
INDUSTRIAL
MONITORING TEST
METHOD
UNIT
PRICE
*EXTENDED
PRICE
AND TRUNK-LINE
MONITORING
(QTY X UNIT
PRICE)
99 1 Aluminum EPA200.7 or
EPA200.8 $8.00 $8.00
100 1 Ammonia EPA 350.1 or
SM 4500 NH-D $15.00 $15.00
101 1 Arsenic EPA200.7 or
EPA200.8 $8.00 $8.00
102 1 Barium EPA200.7 or
EPA200.8 $8.00 $8.00
103 1 Biochemical Oxygen
Demand (BOD) SM 5210 $40.00 $40.00
104 1 Boron EPA200.7 or
EPA200.8 $8.00 $8.00
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105 1 Cadmium EPA200.7 or
EPA200.8 $8.00 $8.00
106 1 Chemical Oxygen
Demand
EPA approved
method $20.00 $20.00
1071 Chloride EPA 300.0 $8.00 $8.00
108 1 Chromium (Total) EPA200.7 or
EPA200.8 $8.00 $8.00
1091 Color SM 2120B $7.00 $7.00
110 1 Copper EPA200.7 or
EPA200.8 $8.00 $8.00
111 1 Cyanide SM4500
-CN
C,D,E $25.00 $25.00
1121 Fluoride EPA 300.0 $8.00 $8.00
1131 Total Hardness SM 2340C $16.00 $16.00
114 1
MBAS (Methylene
Blue Active
Substances)
EPA 425.1 $25.00 $25.00
1151 Magnesium SM4500 NH3H $8.00 $8.00
116 1 Iron EPA200.7 or
EPA200.8 $8.00 $8.00
117 1 Lead EPA200.7 or
EPA200.8 $8.00 $8.00
118 1 Manganese EPA200.7 or
EPA200.8 $8.00 $8.00
1191 Mercury EPA 200.8 $8.00 $8.00
120 1 Nickle EPA200.7 or
EPA200.8 $8.00 $8.00
1211 Oil & Grease EPA 1664A $55.00 $55.00
122 1 Selenium EPA200.7 or
EPA200.8 $8.00 $8.00
123 1 Silica EPA200.7 or
EPA200.8 $8.00 $8.00
124 1 Silver EPA200.7 or
EPA200.8 $8.00 $8.00
125 1 Sodium EPA200.7 or
EPA200.8 $8.00 $8.00
1261 Sulfate EPA 300.0 $8.00 $8.00
1271 Total Dissolved Solids SM2540C $15.00 $15.00
1281 Total Suspended Solids SM2540B $18.00 $18.00
129 1 Zinc EPA200.7 or
EPA200.8 $8.00 $8.00
130 30* Items 99-130 as a
package
Method
indicated in
items 99-130
$404.00 $12,120.00
Redlands Regular Meeting 06-21-2022 1286 of 1716
131 6
PFAS SWRCB –
Collection
System(Industrial
Waste)
See Appendix G $325.00 $1,950.00
132 2
PFAS SWRCB –
Collection
System(Industrial
Waste) Sampling per
Sampling Event
See Appendix H $600.00 $1,200.00
INDUSTRIAL TRUNK LINE
MONITORING SUBTOTAL $1,733.00 $15,674.00
ITEM
NO.
EST.Q
TY
STORMWATERWWTP TEST
METHOD
UNIT
PRICE
*EXTENDED
PRICE
(QTY X UNIT
PRICE)
133 1 Enterococci SM9230B $50.00 $50.00
134 1 E. coli SM9221F $25.00 $25.00
135 1 Iron (Total) EPA200.7 or
EPA200.8 $8.00 $8.00
136 1 Cadmium (Total) EPA200.7 or
EPA200.8 $8.00 $8.00
137 1 Copper (Total) EPA200.7 or
EPA200.8 $8.00 $8.00
138 1 Lead (Total) EPA200.7 or
EPA200.8 $8.00 $8.00
139 1 Total Suspended Solids
(TSS) SM2540B $18.00 $18.00
140 1 Oil & Grease EPA 1664A $55.00 $55.00
141 20 Items 133-141 as a
package
Method
indicated in
items 133-141
$150.00 $3,000.00
STORMWATER - WWTP SUBTOTAL $330.00 $3,180.00
ITEM
NO. QTY STORMWATERLANDFILL
TEST
METHOD
UNIT
PRICE
*EXTENDED
PRICE
(QTY X UNIT
PRICE)
142 1 Enterococci SM9230B $50.00 $50.00
143 1 E. coli SM9221F $25.00 $25.00
144 1 Iron (Total) EPA200.7 or
EPA200.8 $8.00 $8.00
145 1 Cadmium (Total) EPA200.7 or
EPA200.8 $8.00 $8.00
146 1 Copper (Total) EPA200.7 or
EPA200.8 $8.00 $8.00
Redlands Regular Meeting 06-21-2022 1287 of 1716
147 1 Lead (Total) EPA200.7 or
EPA200.8 $8.00 $8.00
148 1 Total Suspended Solids
(TSS) SM2540B $18.00 $18.00
149 1 Oil & Grease EPA 1664A $55.00 $55.00
150 1 Ammonia as N (Total) SM4500 NH3H $15.00 $15.00
151 1 Selenium (Total) EPA200.7 or
EPA200.8 $8.00 $8.00
152 1 Silver (Total) EPA200.7 or
EPA200.8 $8.00 $8.00
153 1 Mercury (Total) EPA 200.8 $8.00 $8.00
154 1 Arsenic (Total) EPA200.7 or
EPA200.8 $8.00 $8.00
155 1 Cyanide (Total) SM4500-CN
C,D,E $25.00 $25.00
156 1 Magnesium (Total) SM4500 NH3H $8.00 $8.00
157 1 Chemical Oxygen
Demand (Total)
HACH 8000 or
SM 5220 B,C or
D
$20.00 $20.00
158 24 Items 142-158 as a
package
Method
indicated in
items 142-158
$230.00 $5,520.00
STORMWATER - LANDFILL SUBTOTAL $510.00 $5,800.00
Redlands Regular Meeting 06-21-2022 1288 of 1716
EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
BABCOCK LABORATORIES, INC.
By: Date: ___________________
Tiffany Gomez, President, CEO
Redlands Regular Meeting 06-21-2022 1289 of 1716
AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of ProMinent fluid controls, Evoqua water technologies and its subsidiary divisions of chemical feed and analytical equipment, supplies and related components (“Agreement”) is made and entered in this 21st day of June, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and D&H Water Systems (“Contractor”). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE 1 – ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to perform ProMinent Fluid Controls, Evoqua water technologies and its subsidiary divisions of chemical feed and analytical equipment, supplies and related components services for City (the “Services”). The Services that Contractor shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 – RESPONSIBILITIES OF CONTRACTOR
2.1 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City’s Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373.
2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771.6.
2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.
Redlands Regular Meeting 06-21-2022 1290 of 1716
2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection.
2.5 Contractor acknowledges that eight (8) hours constitutes a legal day’s work pursuant to Labor Code section 1810.
2.6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
2.7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, goods or materials pursuant to this Agreement.
ARTICLE 3 – RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.
3.2 City designates John R. Harris, Municipal Utilities and Engineering Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.
ARTICLE 4 – PERFORMANCE OF SERVICES
4.1 The Services shall commence as of the Effective Date of this Agreement. Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” which is attached hereto and incorporated herein by this reference.
4.2 The term of this Agreement shall be for a period of one (1) year and will begin July 1, 2022 (the “Initial Term”). The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.
4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit “B,” which is attached hereto and incorporated herein by this reference, in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement.
Redlands Regular Meeting 06-21-2022 1291 of 1716
ARTICLE 5 – PAYMENTS TO CONTRACTOR
5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of one hundred eighty four thousand dollars ($184,000) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of one hundred eighty four thousand dollars ($184,000) for the first Extended Term; and one hundred eighty four thousand dollars ($184,000) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of five hundred fifty two thousand dollars ($552,000). For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not-to-exceed amount in accordance with the rates specified in Exhibit “C,” titled “Price and Fee Bid,” which is attached hereto and incorporated herein by reference.
5.2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY CONTRACTOR
City Clerk David Hartwig, President
City of Redlands D&H Water Systems, Inc.
35 Cajon Street 603 Seagaze Drive, #241
P.O. Box 3005 (mailing) Oceanside, Ca. 92054
Redlands, CA 92373 [email protected]
[email protected] (760) 722-6893
(909) 798-7531 (760) 659-5540
ARTICLE 6 – INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor. Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies Redlands Regular Meeting 06-21-2022 1292 of 1716
shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.
A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “D,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services.
ARTICLE 7 – CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor’s Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; Redlands Regular Meeting 06-21-2022 1293 of 1716
(iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.
7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.
ARTICLE 8 – GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of in-house counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.
8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor’s compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of Redlands Regular Meeting 06-21-2022 1294 of 1716
the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.
8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.
CITY OF REDLANDS D&H WATER SYSTEMS
By: ___________________________ By: _________________________ Paul T. Barich, Mayor David Hartwig, President
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
D & H Water Systems shall provide the following services associated with City’s Wastewater Division’s need for service to be performed on 4 Micro 2000’s:
A. SERVICE TO BE PERFORMED
ITEM DESCRIPTION
1. Disassemble, Clean, and Inspect wet ends
2. Install new O-rings, shafts, bearings, and cup seals
3. Clean Chlorine probes
4. Replace electrolyte and porous elements
5. Change out all internal/external tubing
6. Replace any parts identified as compromised
7. Calibration of Micro 2000 units
B. EQUIPMENT USED FOR SERVICE
QTY DESCRIPTION
4 W3T107488 KIT, PM MICRO 2000 ANALYZER
64 W2T11683 TUBE,RND 0.0625"OD 0.02"ID SYN RBR
16 W2T12617 TUBE,NORPRENE 0.0625"
8 W2T12016 TUBE, 0.375" OD 0.25" ID
8 W2T11081 TUBE,RND PTFE 6 MM OD 4 MM ID
2 W2T13044 ELECTROLYTE, GEL (BOTTLE)
4 W2T11674 RING, OCCLUSION MICRO 2000 ANLZR
8 W2T808741 SCREW,SHLDR SOC 0.312D - 1.75L 18-8SS
D & H Water Systems shall provide the following services associated with City’s Water Division’s need for service to be performed on the gas chlorination system:
A. SERVICE ON THE FOLLOWING
ITEM QTY DESCRIPTION
1. 4 V2030 Gas Chlorinators
2. 4 510M Gas Vacuum Regulators
3. 2 1” Chlorine Gas Injectors
4. 1 2” Chlorine Gas Injector
5. 2 ATI Chlorine Gas Sensors
B. SERVICE TO BE PREFORMED
ITEM DESCRIPTION
1. Disassemble, inspect, and clean equipment
2. Replace any parts identified as compromised
3. Install preventative maintenance kits
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4. Calibrate and program equipment per manufacturer recommendations
5. Test equipment
C. EQUIPMENT USED FOR SERVICE
QTY DESCRIPTION
2 W3T110132 ASSY, HEATER 120/240VAC
4 W3T107923 PM KIT, V-2000 3000 PPD
4 W2T12161 DIAPHRAGGM,V DIFF RGLT,.5THK
4 W3T99090 PM KIT, VACUUM REGULATOR, 200/500 PPD
1 W2T19274 O-RING,-228,BUNA N
1 W2T16578 O-RING,-110, BUNA N
1 W2T17502 O-RING,-148,BUNA N
1 W2T15623 O-RING,-156,HYPAL
1 W2T11991 DIAPHRAGM,INJ CHCK V UNIT,TEF
2 W2T375955 GASKET,FLT,VLT,.562*.375*.020
1 W2T8317 ORING,PERFLUOROELASTOMER,#210
1 W2T422904 TUBE, RTMTR 10“ Cl2 100PPD 2 KG-H
2 W3T98085 KIT, PM 1" AS INJECTOR, CL2
2 W2T11717 SENSOR UNIT, CL2 GAS
1 W2T11505 PLUG, SAFETY VALVE
1 W2T9971 HOUSING, BACK PVC
1 W2T16924 MOLD, INJ ROTA-TOP STOP
2 W2T16151 GASKET, CSM NON-STD 0.6563"ID
40 PTFE-0504 TUBING 5/16" X 1/4" OD-25'
Additional calibration and service beyond the annual service listed in the above fore mentioned. Training related to repairs, service and new equipment.
D. AS NEEDED PARTS SERVICE AND REPAIR
D & H Water Systems shall provide additional support services on an as needed basis associated with City’s Water & Wastewater Division’s. Including but not limited to:
Evoqua chlorination feed equipment and materials
Wallace & Tiernan Micro 2000 systems and materials
ProMinent chemical feed systems and components, analyzer equipment and related support materials
Related specialized equipment replacement and repair, such as wet ends, probes, controllers, and display related items.
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EXHIBIT "B"
LABOR AND MATERIAL BOND
Whereas, the City of Redlands, State of California, and D&H Water Systems (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to ProMinent Fluid Controls, Evoqua Water Technologies and its subsidiary divisions of chemical feed and analytical equipment service, supplies and related components (the “Work”), which said agreement, dated May 17, 2022, and titled as “Agreement to Perform Non-Professional Services for Improvement to Public Builds and Grounds” is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of one hundred eighty four thousand dollars ($184,000) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 2022.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:
_______________________________________
________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone( ) ___________________________
Redlands Regular Meeting 06-21-2022 1298 of 1716
EXHIBIT “C”
PRICE AND FEE BID
WASTEWATER ANNUAL SERVICE
LOT MATERIALS REQUIRED FOR SERVICE
See Scope of Work Exhibit “A”
SERVICE TIME AND TRAVEL
Hours Service Time $2,250.00
Hours Travel Time $1,125.00
Miles
Night Per Diem
$114.00
$500.00
TOTAL $8,296.73
Price per occurrence one time a year
WATER ANNUAL SERVICE
LOT MATERIALS REQUIRED FOR SERVICE
See Scope of Work
SERVICE TIME AND TRAVEL
Hours Service Time $8,550.00
Hours Travel Time $2,250.00
$239.40
$1,500.00
Miles
Nights Per Diem
TOTAL $18,118.19
Price per occurrence one time a year
AS NEED SERVICES AT THE RATES LISTED BELOW
Service Time per hour $225.00
Travel Time per hour $225.00
Per Mile $0.57
Night Per Diem $250.00
The cost for parts shall not exceed the actual cost plus 20% percent mark-up Redlands Regular Meeting 06-21-2022 1299 of 1716
EXHIBIT “D”
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
D&H WATER SYSTEMS
By: Date: _______ __________
David Hartwig, President
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May 2, 2022
City of
REDLANDS
illUJll)\ll,1iL'd 1888
Municipal lltilitics & Engineering Dcpai lmrnt
]5 Cajon Street, Suite I SA
Redlands, CA 92373
909-798-7698
Quantum Analytical Services Inc.
1210 E. 23rd St, #314
Carson, CA 90745
RE: Notice to Extend Annual Purchase Order Term
Air Quality Sampling and Analysis
Jolin R. Harri�
MlJl·l) l)ir,'.L'l\ll
To Whom It May Concern:
You are hereby notified that the City of Redlands wishes to extend the term of the annual Purchase Order No. 22210349, pursuant to the Contract Term on page 2 of the executed Agreement effective July 1, 2021.
You are required to return the Notice of Acknowledgement, evidence of current City business license, and W9, within ten (10) calendar days from the date of this Notice. Submit by USPS or via email to cduenez(fi),city f
r
edlcmd, .org. The due date is therefore May 09, 2022.
Upon your return of the Notice of Acknowledgement, the Municipal Utilities and Engineering Department will present to City Council if applicable, and approved, a new purchase order will be issued. The new term would be July 1, 2022 to June 30, 2023. A copy of your submittal is included for review.
If you do not return said Acknowledgement and forms within the ten (10) calendar days from the date of this Notice, the City will rebid the commodity.
If you have any questions you may contact me (909) 798-7506 ext. 4183.
Thank you,
Christian Duenez
Administrative Assistant II
cduenez@c ityo fredlands. org
Redlands Regular Meeting 06-21-2022 1304 of 1716
May 2, 2022
City of
REDLANDS
lncllrporai-ed 1888
Municipal Utilities & Engineering Department
35 Cajon Street, Suite I SA
Rcdlnnds, CA 92373
90<)-79X-7698
Quantum Analytical Services Inc.
1210 E. 23rd St, #314
Carson, CA 90745
NOTICE OF ACKNOWLEDGMENT
RE: Notice to Extend Annual Purchase Order Term
Air Quality Sampling and Analysis
John R. Harris
MUED Director
This is year 1 of 1 bid extension per page 16 of the Price & Fee Bid Sheet. Receipt of the above Notice of Acknowledgement is hereby accepted by _______ _ this, 5 day of M�':f , 2022.
-A»l)eW 1G TT D
(Print Name)
(Title)
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February 11, 2022
Plumbers Depot
3921 W. 139th Street
Hawthorne, CA 90250
City of
REDLANDS
lncorporated 1888
Municipal Utilities & Engineering Department
35 Cajon Street, Suite 15A
Redlands, CA 92373
909-798-7698
NOTICE OF ACKNOWLEDGMENT
RE: Notice to Extend Annual Purchase Order Term
Collection System Maintenance Supplies
JOHN R. HARRIS
Director
This is extension year 2 of 2 bid extension per pages 12 oft e Reque t for Bid. Receipt of the above Notice of Acknowledgement is hereby accepted by , L ll J rJ {_ this, c£ 3 day of tLlftfcC.f/, 2022.
/4;r; 11 f, L llfl/+, V 0
(Print Name)
Vl (£ pf?f:-5,'?)f�
(Title)
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City Council Meeting K. 6.
DATE: 06/21/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Construction Contract with Tryco General Engineering for the Alley Paving Improvements Project for an amount not-to-exceed $1,238,000, and determination that the Project is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If City Council determines the staff recommendation is appropriate, the following motions are provided:
I move that the City Council determine that approval of the contract and construction of the Alley Paving Improvements Project is exempt from environmental review in accordance with Section 15301(c) of the State's Guidelines implementing the California Environmental Quality Act; and
1. I move to approve the Alley Paving Improvements Project plans and specifications, and award a Construction Contract to Tryco General Engineering for an amount not-to-exceed $1,238,000.
2. RECOMMENDATION:
Staff recommends City Council determine that approval of this Construction Contract and construction of the Alley Paving Improvements Project is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act. Staff further recommends City Council approve the Alley Paving Improvements Project plans and specifications, and award a Construction Contract to Tryco General Engineering for an amount not-to-exceed $1,238,000.
Redlands Regular Meeting 06-21-2022 1322 of 1716
DISCUSSION:
The Alley Paving Improvements Project (Project) will resurface the fourteen (14) alleys within the City identified on the attached location map (Attachment D).
The Project also removes and replaces driveways and sidewalks where necessary, protects existing utilities, trees, power poles, and public and private improvements, replaces damaged survey monuments, constructs drainage facilities, disposes of excess soil and rock material, and restores all areas and improvements to pre-construction conditions.
Staff prepared plans and specifications, and advertised the Project for construction in late-April 2022. On May 12, 2022, the City Clerk's office received and opened the following four (4) bids for the Project:
BID OPENING REPORT SUMMARY
Bidder Bid Amount
1. Tryco General Engineering, Rimforest, CA $1,238,000.00
2. Hillcrest Contracting, Corona, CA $1,321,219.10
3. All American Asphalt, Corona, CA *$1,395,995.00
4. Gentry General Engineering Inc., Rancho Cucamonga, CA $2,020,232.65 *An arithmetic error was made in the bid proposal. The total bid amount was corrected and highlighted in the attached Bid Analysis to identify arithmetic errors, but did not affect ranking.
Bids were reviewed by staff to determine responsiveness to bid requirements, and Tryco General Engineering (Tryco) was determined to be the lowest responsive and responsible bidder. Therefore, staff recommends awarding a Construction Contract to Tryco for an amount not-to-exceed $1,238,000. If approved, it is anticipated that the Project will be completed within one hundred twenty (120) calendar days.
This Project is categorically exempt from environmental review in accordance with Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act as the project involves paving existing alleys within the right-of-way with no increase to existing use.
ALTERNATIVES:
City Council may deny staff's recommendation. However, this would not improve pavement conditions of the alleys or utilize the available funding in this fiscal year.
Redlands Regular Meeting 06-21-2022 1323 of 1716
STRATEGIC PLAN:
The project supports Strategic Plan Priority D, Strategic Objective 3.
Infrastructure: Engineer and construct transportation facilities to accommodate all potential users - motorists, cyclists and pedestrians.
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Goutam K. Dobey, Engineering Manager
PREPARED BY:
Elva Arellanes, Associate Engineer
Fiscal Impact
Fiscal Year: FY 21/22
Appropriation Required Y/N: No
Budgeted Y/N: Yes
Account No.: 101400
Discussion:
There is no fiscal impact associated with approval of this project. The FY 21/22 MUED Engineering Budget includes $800,000 for the alley improvement project, of which $738,000 will be utilized for this project.
Fiscal Year: FY 2021-22
Appropriation Required Y/N: No
Budgeted Y/N: Yes
Account No.: 211910
Discussion:
There is no fiscal impact associated with approval of this project. The FY 21/22 MUED Pavement Management Project Budget includes $500,000 for the alley improvement project, all of which will be utilized for this project.
Redlands Regular Meeting 06-21-2022 1324 of 1716
Attachments
A. Tryco General Engineering Public Works Contract
B. Bid Opening Report
C. Bid Analysis
D. Location Map
E. Alley Project Plans
Redlands Regular Meeting 06-21-2022 1325 of 1716
PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract (“Contract”) is made and entered into this 21st day of June, 2022, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter “City”), and Tryco General Engineering (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: Alley Paving Improvements Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s Alley Paving Improvements Project, Project No. 211005 (the “Work”).
2. CONTRACT SUM: City shall pay Contractor the sum of one million two hundred thirty-eight thousand dollars ($1,238,000) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within One Hundred Twenty (120) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.
4. LIQUIDATED DAMAGES: Contractor’s failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of Five Hundred dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that Five Hundred dollars ($500) per day is the estimated damage to City caused by the failure of the Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).
6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy-five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Redlands Regular Meeting 06-21-2022 1326 of 1716
Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents.
11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.
Redlands Regular Meeting 06-21-2022 1327 of 1716
IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above.
CITY OF REDLANDS
(SEAL)
By:____________________________________
Paul T. Barich, Mayor
ATTEST:
____________________________________
Jeanne Donaldson, City Clerk
(SEAL)
__________________________________________
Name of Contractor
By:_______________________________________
Signature of Authorized Agent
__________________________________________
Title
__________________________________________
Signature of Authorized Agent (if necessary)
__________________________________________
Title
__________________________________________
Contractor's License No.
Redlands Regular Meeting 06-21-2022 1328 of 1716
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities and Engineering Department
Alley Paving Improvements Project
Project No. 211005
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to selfinsure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
Dated this day of , 2022.
_____________________________________
(Contractor)
_____________________________________
(Signature)
_____________________________________
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.)
Redlands Regular Meeting 06-21-2022 1329 of 1716
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands (“City”), State of California, and Tryco General Engineering (hereinafter designated as "Principal") have entered into an agreement dated June 21, 2022 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as Alley Paving Improvements Project, Project No. 211005 and is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and, _____________________________, as Surety, are held and firmly bound unto the City in the penal sum of one million two hundred thirty eight thousand dollars ($1,238,000) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered.
As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains.
Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City’s option:
1. Complete the Work in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the Redlands Regular Meeting 06-21-2022 1330 of 1716
amount set forth above. The term “balance of the Agreement price,” as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.
Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City’s objection to the Principal’s further participation in the completion of the Work.
No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.
In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2022.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________
Redlands Regular Meeting 06-21-2022 1331 of 1716
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Tryco General Engineering (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated June 21, 2022, and identified as Alley Paving Improvements Project, Project No. 211005 is hereby referred to and made a part hereof; and Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of one million two hundred thirty eight thousand dollars ($1,238,000) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 2022.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________
Redlands Regular Meeting 06-21-2022 1332 of 1716
Redlands Regular Meeting 06-21-2022 1333 of 1716
ATTACHMENT "C"
PROJECT NO. 211005 BID DATE: 12-May-2022
Alley Paving Improvements Project EST. START DATE: 27-Jun-2022 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $30,000.00 $30,000.00 $36,600.00 $36,600.00 $54,000.19 $54,000.19 2 SWPPP 1 LS $5,796.50 $5,796.50 $13,700.00 $13,700.00 $6,000.00 $6,000.00 3 Survey (Construction Staking) 1 LS $20,000.00 $20,000.00 $53,000.00 $53,000.00 $53,000.00 $53,000.00 4 Removal of all trash and debris, shrubs, bushes,
tree stumps, pavement and pavement grindings
from right of way
1 LS $25,000.00 $25,000.00 $91,000.00 $91,000.00 $287,000.00 $287,000.00 5 Construct 2.5" AC over 4" Aggregate Base,
Compact Top 6" to 95% compaction 29,059 SF $5.50 $159,824.50 $5.30 $154,012.70 $4.24 $123,210.16 6 Construct 2' Wide V-Gutter 7,076 LF $36.00 $254,736.00 $38.00 $268,888.00 $38.00 $268,888.00 7 Construct V-Gutter Transition 21 EA $900.00 $18,900.00 $168.00 $3,528.00 $1,200.00 $25,200.00 8 Construct AC Driveway, 2.5" AC over 4"
Aggregate Base Compacted Top 6" to 95%
Compaction
1,430 SF $8.00 $11,440.00 $11.00 $15,730.00 $4.50 $6,435.00 9 Adjust Manhole to Grade 6 EA $1,480.00 $8,880.00 $890.00 $5,340.00 $950.00 $5,700.00 10 Grind Asphalt to 0.1' Minimum and Overlay
Variable Thickness Pavement per Plan 67,179 SF $4.00 $268,716.00 $2.60 $174,665.40 $2.35 $157,870.65 11 Construct 4" Thick PCC Pad 932 SF $18.00 $16,776.00 $18.30 $17,055.60 $13.00 $12,116.00 12 Remove Concrete and Asphalt 12,325 SF $6.00 $73,950.00 $2.70 $33,277.50 $4.50 $55,462.50 13 Construct Driveway, 6" Thick PCC (560-C-3250),
Compact Top 6" to 95% Compaction 5,741 SF $13.00 $74,633.00 $19.70 $113,097.70 $16.50 $94,726.50 14 Gravel Back Fill for Vehicle Access 260 SF $10.00 $2,600.00 $17.00 $4,420.00 $23.00 $5,980.00 15 Construct 8" PCC curb SPPWC Standard Plan No.
120-2 1,118 LF $68.00 $76,024.00 $48.00 $53,664.00 $32.00 $35,776.00 16 New 6" Storm Drain Lateral to Connect to Existing
Storm Drain. Minimum Slope 0.5%. Contractor to
Verify Invert Elevation.
101 LF $240.00 $24,240.00 $243.00 $24,543.00 $195.00 $19,695.00 17 Construct New Catch Basin per SPPWC Standard
No. 120-2 4 EA $3,800.00 $15,200.00 $14,300.00 $57,200.00 $7,000.00 $28,000.00 18 Construct New Trench Drain 16 LF $100.00 $1,600.00 $920.00 $14,720.00 $350.00 $5,600.00 19 Remove and Replace 6" Thick PCC Sidewalk (560-
C-3250), Compact Top 6" to 95% Compaction 934 SF $18.00 $16,812.00 $27.00 $25,218.00 $15.00 $14,010.00 20 Localized Yielding Subgrade Repair Before Paving 3,359 SF $8.00 $26,872.00 $8.80 $29,559.20 $8.00 $26,872.00 21 Demobilization 1 LS $6,000.00 $6,000.00 $32,000.00 $32,000.00 $10,500.00 $10,500.00 22 Unforeseen work not covered within all other bid
items 1 LS $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price
*Arithmetic Error
License Status
Sub's License Status
Bid Bond Company
Submitted Entire Bid Package
Submitted Sub's Qualification Statement
DIR Status
Error in Bid
$1,238,000.00 $1,396,042.00
Yes No
Active
Active
Western National Mutual Insurance Company
Active
Active
Fidelity and Deposit Company of Maryland
$1,321,219.10
CITY OF REDLANDS
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
BID ANALYSIS
Item
No.
All American Asphalt Bid Item Quantity Unit
Tryco General
Engineering
Hillcrest Contracting,
Inc.
Yes
Yes No
Active Active
No
Active
No
Active
Active
Fidelity and Deposit Company of Maryland
No
No
Low Bidders #1, #2 and #3
Sheet 1 of 2
Redlands Regular Meeting 06-21-2022 1334 of 1716
ATTACHMENT "C"
PROJECT NO. 211005 BID DATE: 12-May-2022
Alley Paving Improvements Project EST. START DATE: 27-Jun-2022 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $37,600.00 $37,600.00 2 SWPPP 1 LS $15,200.00 $15,200.00
3 Survey (Construction Staking) 1 LS $50,000.00 $50,000.00 4 Removal of all trash and debris, shrubs, bushes,
tree stumps, pavement and pavement grindings
from right of way
1 LS $245,800.00 $245,800.00
5 Construct 2.5" AC over 4" Aggregate Base,
Compact Top 6" to 95% compaction 29,059 SF $8.75 $254,266.25 6 Construct 2' Wide V-Gutter 7,076 LF $49.00 $346,724.00 7 Construct V-Gutter Transition 21 EA $953.00 $20,013.00 8 Construct AC Driveway, 2.5" AC over 4"
Aggregate Base Compacted Top 6" to 95%
Compaction
1,430 SF $12.50 $17,875.00
9 Adjust Manhole to Grade 6 EA $2,400.00 $14,400.00
10 Grind Asphalt to 0.1' Minimum and Overlay
Variable Thickness Pavement per Plan 67,179 SF $4.30 $288,869.70 11 Construct 4" Thick PCC Pad 932 SF $14.50 $13,514.00
12 Remove Concrete and Asphalt 12,325 SF $14.50 $178,712.50 13 Construct Driveway, 6" Thick PCC (560-C-3250),
Compact Top 6" to 95% Compaction 5,741 SF $27.00 $155,007.00 14 Gravel Back Fill for Vehicle Access 260 SF $13.70 $3,562.00 15 Construct 8" PCC curb SPPWC Standard Plan No.
120-2 1,118 LF $105.00 $117,390.00
16 New 6" Storm Drain Lateral to Connect to Existing
Storm Drain. Minimum Slope 0.5%. Contractor to
Verify Invert Elevation.
101 LF $374.00 $37,774.00
17 Construct New Catch Basin per SPPWC Standard
No. 120-2 4 EA $12,300.00 $49,200.00
18 Construct New Trench Drain 16 LF $900.00 $14,400.00
19 Remove and Replace 6" Thick PCC Sidewalk (560-
C-3250), Compact Top 6" to 95% Compaction 934 SF $22.00 $20,548.00 20 Localized Yielding Subgrade Repair Before Paving 3,359 SF $10.80 $36,277.20 21 Demobilization 1 LS $3,100.00 $3,100.00
22 Unforeseen work not covered within all other bid
items 1 LS $100,000.00 $100,000.00
Last Minute Additions/Deductions $0.00
Total Bid Price $2,020,232.65 $0.00 $0.00
CITY OF REDLANDS
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
BID ANALYSIS
Item
No. Bid Item Quantity Unit
Gentry General
Engineering Inc.
Low Bidder #4
Sheet 2 of 2
Redlands Regular Meeting 06-21-2022 1335 of 1716
Alley 5 Alley 4
Alley 3
Alley 2
Alley 1
Alley 12
Alley 7
Alley 8
Alley 9
Alley 10
Alley 13
Alley 14
Alley 6
Alley 11
ORANGE ST
N 6TH ST
N CHURCH ST
E PALM AVE
S CENTER ST
W PALM AVE
N SAN MATEO ST
TEXAS ST
BROOKSIDE AVE
E CYPRESS AVE
W OLIVE AVE S SAN MATEO ST
W CRESCENT AVE
W FERN AVE
W CYPRESS AVE
CAJON ST
TENNESSEE ST
W HIGHLAND AVE
E REDLANDS BLVD
W REDLANDS BLVD
E CITRUS AVE
ELIZABETH ST
RACHEL CT
1ST ST
RUIZ ST
HAMLIN PL
DALE LN
FOREST CT
11TH ST
SONORA CIR
N 5TH ST
8TH ST
9TH ST
10TH ST
E CLARK ST
CAROB ST
C
E STATE ST
ENTE R PL
S 6TH ST
3RD ST
LOTUS AVE
ESTHER WAY
7TH ST
VIOLET ST
CLIFTON CT
BANYAN DR
ORCHID CT
SYLVAN BLVD
W HOME PL
W VINE ST
W CLARK ST
CARRIE LN
LILAC CT
N
EURE
KA
S
T
HARP PL
PRISCILLA
PRICE ST
LEMON ST
PHLOX AVE
CASCANTE CT
ROBINHOOD LN
MELBURY PL
SHERWOOD ST
PRIMROSE AVE
AL HARRIS LN
W PEARL AVE
STANDISH WAY
CLOVER ST
PIEDMONT LN
MARTY ST
JENNIFER ST
KATHI ST
CARVERCIR
BRENTWOOD PL
FOUNTAIN PL
E STUART AVE
E HOME PL
ROMA ST
RI I S
ST
SERPENTINE DR
LA PALOMA ST
PINE AVE
PARKWOOD
DR
LA L OMA DR
LAKESIDE AVE
MILLS AVE
MONTEREY ST
LA VERNE ST
CEDAR AVE
BOND ST
WALNUT AVE
S MICHIGAN ST
CHESTNUT AVE
SAN JACINTO ST
MYRTLE ST
SONORA ST
NORDINA ST
MC KINLEY DR
HARDING DR
S ASH ST
E HIGH AVE
GRANT ST
CLIFTON AVE
RAMONA DR
PALM BR OO KDR
PACIFIC ST
S 4TH ST
EDGEHILL LN
HA
NANETTE ST
STINGS ST
W 10 FRWY
N MICHIGAN ST
LOLITA AVE
LINDA PL
SAN PABLO AVE
CYPRESS
CRI
NORTH PL
FULBRIGHT AVE
STERLING
RD
NOTTINGHAM
D
R
SUNNYSIDE AVE
SALE M DR
FLETCHER AVE
S EUREKA ST
ACAC IA CT
PR OSPECT DR
CENTRAL AVE
CENTER CREST DR
W STUART AVE
NORWOOD ST
N BUENA VISTA ST
NEW YORK ST
S BUENA VISTA ST
ALVARADO ST
W PARK AVE
W STATE ST
SAN GORGONIO DR
E 10 FRWY
ORIENTAL AVE
S CENTER ST
KNOLL RD
0 360 720 1,080 1,440
Feet
Alley Paving Improvements Project
Location Map
Project Location .
Redlands Regular Meeting 06-21-2022 1336 of 1716
JENNA GUZMAN-LOWERY, COUNCIL MEMBER CITY COUNCIL: EDDIE TEJEDA, MAYOR PRO TEMPORE CITY STAFF: CHARLES M. DUGGAN, JR., CITY MANAGER DENISE DAVIS, COUNCIL MEMBER PAUL T. BARICH, MAYOR CITY CLERK: JEANNE DONALDSON, CITY CLERK TITLE SHEET F-2368 ST ALLEY PAVING IMPROVEMENTS CITY OF REDLANDS CONSTRUCTION PLANS FOR PROJECT No. 211005 ALLEYS 1-14 PROJECT NO. 211005 ALLEY PAVING IMPROVEMENTS APRIL 2022 CITY OF REDLANDS17 BENCHMARK BROOKSIDE AVE. I-10 HIGHLAND AVE. SAN MATEO ST. REDLANDS BLVD. CENTER ST. CAJON ST. BELLEVUE AVE. FERN AVE. CYPRESS AVE. PALM AVE. OLIVE AVE. HIGH AVE.
CHURCH ST. 01 SHEET INDEX: SHEET NO. DESCRIPTION 1 TITLE SHEET AND VICINITY MAP 2 GENERAL NOTES, CONSTRUCTION NOTES, AND DETAILS 3 ALLEY ONE - LA LOMA DR TO MONTEREY ST 4 ALLEY TWO - LA LOMA DR TO MONTEREY ST 5 ALLEY THREE - LA LOMA DR TO LA ARRIBA DR 6 ALLEY FOUR - ALESSANDRO RD TO LA ARRIBA DR 7 ALLEY FIVE - CROWN ST TO STA 14+00 8 ALLEY FIVE - 14+00 TO SAN MATEO 9 ALLEY SIX - SAN MATEO ST TO END 10 ALLEY SEVEN - W CYPRESS AVE TO STA 16+65 11 ALLEY SEVEN - STA 16+65 TO W PALM AVE 12 ALLEY EIGHT - END TO EUREKA ST 13 ALLEY NINE - EUREKA ST TO END 14 ALLEY TEN - GRANT ST TO EUREKA ST 15 ALLEY ELEVEN - EUREKA ST TO S 4TH ST 16 ALLEY TWELVE - HASTINGS ST TO STA 13+50 17 ALLEY TWELVE - STA 13+50 TO BROOKDALE 18 ALLEY THIRTEEN - BROOKSIDE AVE TO END 19 ALLEY FOURTEEN - E HIGH AVE TO END MICK GALLAGHER, COUNCIL MEMBER VICINITY MAP NTS Redlands Regular Meeting 06-21-2022 1337 of 1716
F-2368 ST PROJECT NO. 211005 ALLEY PAVING IMPROVEMENTS CITY OF REDLANDS17 BENCHMARK V-GUTTER TRANSITION DETAIL 1" = 5' 2 5.0'
2.0' 0.04' LIP 0.00 FL % PER PLAN BACK OF SIDEWALK MATCH BACK OF SIDEWALK EXISTING SIDEWALK EXISTING DRIVEWAY V-GUTTER CROSS SECTION SHALL BE TAPERED FLAT OVER A 5' DISTANCE, PRIOR TO MATCHING BACK OF SIDEWALK, TO REMOVE 12" LIP 4 1' 1' R/W 2.0% 2.0% COMPACT TOP 6" OF SUBGRADE TO 95% COMPACTION. CL ALLEY TYPICAL SECTION 2 1 ADJACENT AREA SHALL BE GRADED FLUSH WITH PER PLAN 4:1 MAX4:1 MAX 4:1 MAX 4:1 MAX ADJACENT AREA SHALL BE GRADED FLUSH WITH PER PLAN NOTE: CONTRACTOR TO FIELD VERIFY ALL EXISTING UTILITIES. EXISTING GAS EXISTING SEWER NOTE: 1. REMOVE ALL: TRASH & DEBRIS, SHRUBS, BUSHES, TREE STUMPS,PAVEMENT GRINDINGS AND OLD PAVEMENT FROM RIGHT-OF-WAY 2. CONTRACTOR TO PAVE UP TO DRIVEWAY/ VEHICLE ACCESS OR FENCE LINE EVEN THOUGH OUTSIDE OF RIGHT OF WAY, WHERE LESS THAN 2 FEET. 1' 1' V-GUTTER DETAIL N.T.S CONSTRUCT 8" THICK, 2'-WIDE CONCRETE GUTTER. CONCRETE SHALL BE 560-C-3250. CONTRACTION JOINTS EVERY 20'. 12" LIP 12" R (TYP.) 6" WIDE STEEL TROWEL FINISH CL 8" 4" OF CRUSHED AGGREGATE BASE (CAB), CRUSHED MISCELLANEOUS BASE, FINE MIX (CMB) OR CLASS 2 BASE (3/4” MAX.) @ 95% COMPACTION. ” GENERAL NOTES: GENERAL NOTES, CONSTRUCTION NOTES, 02 AND DETAILS 12345678910111213141516 3 Redlands Regular Meeting 06-21-2022 1338 of 1716
CITY OF REDLANDS19 BENCHMARK PROFILE BASIS OF BEARINGS: ALLEY PAVING IMPROVEMENTS PROJECT No. 211005 GRAPHIC SCALE ALLEY 1 LEGEND N 03 10+00 11+00 12+00 13+00 1640 RT 1640 CL 1640 LT 14+00 LA LOMA DRIVE MONTEREY STREET12345689101112 LA LOMA DR TO MONTEREY ST 1640 RT 1640 CL 1640 LT 1 11 12 10 10 8 3 12 2 5 11 45 1 1 1 1 1 1 1 1 6 10 10 4 10 2 9 2 9 3 8 Redlands Regular Meeting 06-21-2022 1339 of 1716
CITY OF REDLANDS19 BENCHMARK PROFILE BASIS OF BEARINGS: ALLEY PAVING IMPROVEMENTS PROJECT No. 211005 ALLEY 2 GRAPHIC SCALE 04 10+00 11+00 12+00 13+00 14+00 LA LOMA DRIVE MONTEREY STREET N LA LOMA DR TO MONTEREY ST 1630 RT 1630 CL 1630 LT 1630 RT 1630 CL 1630 LT 1345678910111213 1 1 1 1 1 12 12 1 10 10 3 7 8 7 2 7 7 10 14 13 11 11 4 512 12 10 3 3 10 10 4 1 1 1 1 1 EY
Redlands Regular Meeting 06-21-2022 1340 of 1716
CITY OF REDLANDS19 BENCHMARK PROFILE BASIS OF BEARINGS: ALLEY PAVING IMPROVEMENTS PROJECT No. 211005 ALLEY 3 GRAPHIC SCALE 05 10+00 11+00 12+00 13+00 1615 RT 1615 CL 1615 LT 13457101112 LA LOMA DRIVE LA ARRIBA DRIVE N LA LOMA DR TO LA ARRIBA DR 1615 RT 1615 CL 1615 LT 10 10 3 1 1 4 11 1 1 4 7 7 5 1 7 3 12 Redlands Regular Meeting 06-21-2022 1341 of 1716
CITY OF REDLANDS19 BENCHMARK PROFILE BASIS OF BEARINGS: ALLEY PAVING IMPROVEMENTS PROJECT No. 211005 ALLEY 4 GRAPHIC SCALE 06 10+00 11+00 12+00 13+00 14+00 1580 RT 1580 CL 1580 LT LA ARRIBA DRIVE ALESSANDRO ROAD N ALESSANDRO RD TO LA ARRIBA DR 1590 RT 1590 CL 1590 LT 134567101112 12 12 11 5 7 7 7 3 1 1 1 12 11 1 1 45 4 5 Redlands Regular Meeting 06-21-2022 1342 of 1716
CITY OF REDLANDS19 BENCHMARK PROFILE BASIS OF BEARINGS: ALLEY PAVING IMPROVEMENTS PROJECT No. 211005 ALLEY 5 GRAPHIC SCALE N 07 10+00 11+00 12+00 13+00 1550 RT 1550 CL 1550 LT 14+00 CROWN STREET CROWN ST TO STA 14+00 1550 CL 1550 LT 1550 RT MATCHLINE STA 14+00
SEE SHEET 08 1345679101112 1 1 1 11 7 7 3 6 12 4 10 10 10 10 10 Redlands Regular Meeting 06-21-2022 1343 of 1716
CITY OF REDLANDS19 BENCHMARK PROFILE BASIS OF BEARINGS: ALLEY PAVING IMPROVEMENTS PROJECT No. 211005 ALLEY 5 GRAPHIC SCALE N 08 10+00 11+00 12+00 13+00 1550 RT 1550 CL 1550 LT 14+00 SAN MATEO STREET 14+00 TO SAN MATEO ST 1545 CL 1545 LT MATCHLINE STA 14+00
SEE SHEET 07 1545 RT 1345679101112 1 1 1 1 1 1 7 7 7 3 6 410 10 10 10 10 Redlands Regular Meeting 06-21-2022 1344 of 1716
CITY OF REDLANDS19 BENCHMARK PROFILE BASIS OF BEARINGS: ALLEY PAVING IMPROVEMENTS PROJECT No. 211005 ALLEY 6 GRAPHIC SCALE 09 12345671011121314 10+00 11+00 12+00 13+00 14+00 1540 CL 1540 CL 1540 CL SAN MATEO STREET N SAN MATEO ST TO END 1540 CL 1540 CL 1540 CL 15+00 16+00 1 1 111 10 15 14 13 1 1 11 10 10 10 10 10 7 7 7 10 2 10 6 6 5 2 2 2 12 5 12 12 3 3 1 1 4 10 Redlands Regular Meeting 06-21-2022 1345 of 1716
CITY OF REDLANDS19 BENCHMARK PROFILE BASIS OF BEARINGS: ALLEY PAVING IMPROVEMENTS PROJECT No. 211005 GRAPHIC SCALE N 10 10+00 11+00 12+00 13+00 14+00 15+00 16+00 1450 RT 1450 CL 1450 LT ALLEY 7 13479101114 W CYPRESS AVE TO STA 16+65 MATCHLINE STA 16+00
SEE SHEET 11 1450 RT 1450 CL 1450 LT 12
W CYPRESS AVE 1 4 12 1 1 1 1 1 1 7 7 7 7 3 10 3 10 16 10 10 11 10 10 Redlands Regular Meeting 06-21-2022 1346 of 1716
N CITY OF REDLANDS19 BENCHMARK PROFILE BASIS OF BEARINGS: ALLEY PAVING IMPROVEMENTS PROJECT No. 211005 ALLEY 7 GRAPHIC SCALE 11 16+00 17+00 18+00 19+00 20+00 21+00 22+00 13479101114 1470 RT 1470 LT MATCHLINE STA 16+00
SEE SHEET 10 STA 16+65 TO PALM AVE 1470 LT 1470 RT 1470 LT 1470 LT 4 1 1 1 1 1 7 7 7 3 3 3 10 12 12 16 W PALM AVE 1 1 1 11 10 10
Redlands Regular Meeting 06-21-2022 1347 of 1716
CITY OF REDLANDS19 BENCHMARK PROFILE BASIS OF BEARINGS: ALLEY PAVING IMPROVEMENTS PROJECT No. 211005 GRAPHIC SCALE N 12 123481012131416 10+00 11+00 12+00 13+00 1455 CL 1455 LT 1455 RT ALLEY 8 END TO EUREKA ST 1455 CL 1455 LT 1455 RT 14 1 416 2 2 2 1 10 8 10 1 12 3 10 10 3 3 1
EUREKA ST
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CITY OF REDLANDS19 BENCHMARK PROFILE BASIS OF BEARINGS: ALLEY PAVING IMPROVEMENTS PROJECT No. 211005 GRAPHIC SCALE N 13 10+00 11+00 12+00 1455 RT 1455 CL 1455 LT 1234589101112131416 ALLEY 9 EUREKA ST TO END 1455 RT 1455 CL 1455 LT N MATCHLINE SEE BELOW
SEE ABOVE
MATCHLINE 1 12 12 1 1 2 2 5 10 8 8 3 1 4 16 11 8
EUREKA ST 2 10 11 10 13141 1
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CITY OF REDLANDS19 BENCHMARK PROFILE BASIS OF BEARINGS: ALLEY PAVING IMPROVEMENTS PROJECT No. 211005 GRAPHIC SCALE N 14 10+00 11+00 12+00 13+00 14+00 15+00 1405 RT 1405 CL 1405 LT 134710 ALLEY 10 GRANT ST TO EUREKA ST 1405 RT 1405 CL 1405 LT 10 4 7 7 7 3 1 1 12 1 1 3 1 GRANT ST
EUREKA ST
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CITY OF REDLANDS19 BENCHMARK PROFILE BASIS OF BEARINGS: ALLEY PAVING IMPROVEMENTS PROJECT No. 211005 ALLEY 11 GRAPHIC SCALE N 15 1347101116 10+00 11+00 12+00 13+00 14+00 15+00 1410 RT 1410 CL 1410 LT EUREKA ST TO S 4TH ST 1410 RT 1410 CL 1410 LT 10 10 10 10 10 1 1016 7 7 3 7 4 7 3 4 11 1016 1 1 1 1 1 EUREKA ST S 4TH ST
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CITY OF REDLANDS19 BENCHMARK PROFILE BASIS OF BEARINGS: ALLEY PAVING IMPROVEMENTS PROJECT No. 211005 ALLEY 12 GRAPHIC SCALE N 16 13471016 10+00 11+00 12+00 13+00 14+00 1300 CL 1300 RT 1300 LT 1305 CL 1305 RT 1305 LT HASTINGS ST TO STA 13+50 MATCHLINE STA 13+50
SEE SHEET 17 41016 3 7 7 1 1 1 1
HASTINGS ST
Redlands Regular Meeting 06-21-2022 1352 of 1716
CITY OF REDLANDS19 BENCHMARK PROFILE BASIS OF BEARINGS: ALLEY PAVING IMPROVEMENTS PROJECT No. 211005 ALLEY 12 GRAPHIC SCALE N 17 13471016 14+00 15+00 16+00 17+00 1305 CL 1305 RT 1305 LT MATCHLINE STA 13+50
SEE SHEET 16 1310 CL 1310 RT 1310 LT 18+00 19+00 STA 13+50 TO BROOKDALE DR 3 7 7 7 10416 1 1 1 1 1 BROOKDALE DR10
Redlands Regular Meeting 06-21-2022 1353 of 1716
CITY OF REDLANDS19 BENCHMARK PROFILE BASIS OF BEARINGS: ALLEY PAVING IMPROVEMENTS PROJECT No. 211005 BROOKSIDE AVE TO END GRAPHIC SCALE N 18 10+00 11+00 12+00 13+00 14+00 1340 CL 1340 LT 1340 RT 1350 CL 1350 LT 1350 RT 15+00 16+00 ALLEY 13 1345789101112 7 1 3 3 2 2 4 1 1 1 1 1 1 1 1 1 11 BROOKSIDE AVE 1 1 8 5 Redlands Regular Meeting 06-21-2022 1354 of 1716
CITY OF REDLANDS19 BENCHMARK PROFILE BASIS OF BEARINGS: ALLEY PAVING IMPROVEMENTS PROJECT No. 211005 ALLEY 14 GRAPHIC SCALEN 19 0+00 10+00 11+00 1415 RT 1415 LT 1415 CL 12346101216 1415 RT 1415 LT 1415 CL E HIGH AVE TO END 1 1 6 6 1 1 2 2 10 16 4 12121 1 12 10 3
E HIGH AVE
Redlands Regular Meeting 06-21-2022 1355 of 1716
City Council Meeting K. 7.
DATE: 06/21/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Non-Professional Services Agreement with Ferguson Enterprises, LLC to implement an Automated Metering Infrastructure system for an amount not-to-exceed $783,356.96, and determination that this project is exempt from environmental review pursuant to Section 15301(b) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If the City Council determines the staff recommendation is appropriate, the following motions are provided:
I move that the City Council determine awarding a Non-Professional Services Agreement with Ferguson Enterprises, LLC to implement an Automated Metering Infrastructure system is exempt from environmental review pursuant to Section 15301(b) of the State's guidelines implementing the California Environmental Quality Act; and
1. I move to approve a Non-Professional Services Agreement with Ferguson Enterprises, LLC to implement an Automated Metering Infrastructure system for an amount not-to-exceed $783,356.96.
2. RECOMMENDATION:
Staff recommends City Council determine that award of a Non-Professional Services Agreement with Ferguson Enterprises, LLC to implement an Automated Metering Infrastructure system is exempt from environmental review pursuant to Section 15301(b) of the State's guidelines implementing the California Environmental Quality Act, and award a Non-Professional Services Agreement to Ferguson Enterprises, LLC to implement an Automated Metering Infrastructure system for an amount not-to-exceed $783,356.96.
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DISCUSSION:
The City provides drinking water to customers at approximately 22,000 metered connections within its water service area. Currently, water meters within seventy-eight (78) different routes are read manually by Municipal Utilities and Engineering Department (MUED) staff, who each walk approximately six (6) miles daily. This process is labor-intensive, and requires bi-monthly water utility billing to allow sufficient time to collect water usage data from each water meter. Implementing an Automated Metering Infrastructure (AMI) system will significantly improve efficiency within the water utility operation.
AMI is an integrated system of smart meters, communications networks, and data management systems that enable two-way communication between utilities and customers. AMI systems measure, collect, and analyze water usage, and communicate with meters on a fixed schedule, or when specifically requested.
AMI system benefits include:
Enhanced Customer Service - Customer awareness of hourly/daily water use; Ability to track real-time usage data and compare with previous day/week/month usage; Customizable alerts for customers to identify abnormal water use
Timely Leak Detection - Algorithms to quickly detect potential water leaks and reduce property damage and/or unnecessary customer costs; Reduced Water Consumption and Increased Water Use Efficiency; Automated Tools for State Mandated Water Conservation Programs; Improved Utility Billing Services;
Improved Personnel Safety;
Greenhouse Gas Emission Reduction
The City uses Neptune water meters exclusively, and is completing the first annual phase of a five (5) phase project to replace all water meters its water service area. Replacement meters are being installed with all the components necessary for remote reading through an AMI system. Ferguson Enterprises, LLC (Ferguson) is the sole distributor of Neptune products in California, and is supplying and replacing these water meters. Purchasing Neptune products or services from another vendor invalidates all product warranties. Therefore, staff recommends waiving typical competitive procurement practices and contracting directly with Ferguson to install and implement the AMI system.
Approval of the Non-Professional Services Agreement with Ferguson and implementation of the AMI system are exempt from environmental review pursuant to Section 15301(b) of the State's guidelines implementing the California Environmental Quality Act, since the project involves the minor alteration of an existing publicly-owned utility system.
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ALTERNATIVES:
City Council may deny the staff recommendation, although doing so will require staff to continue reading water meters manually and impede efficiency.
STRATEGIC PLAN:
Strategic Plan Priority B, Strategic Objective 1 - Reduce non-revenue water (water loss) by 25%.
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
John R. Harris, Municipal Utilities and Engineering Director Fiscal Impact
Fiscal Year: FY 21/22
Revenue Generating: N
Appropriation Required Y/N: N
Discussion:
There is no fiscal impact associated with approval of this Agreement. The MUED Water Projects Budget (501021) includes $792,876 for this project.
Attachments
Ferguson Agreement
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AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for installing and implementing automated metering infrastructure (“Agreement”) is made and entered into this 21st day of June, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Ferguson Enterprises, LLC (“Contractor”). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE 1 – ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to provide automated metering infrastructure installation and implementation services for City (the “Services”).
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 – RESPONSIBILITIES OF CONTRACTOR
2.1 The Services that Contractor shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by reference.
2.2 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City’s Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373.
2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771.6.
2.4 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.
2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection.
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2.6 Contractor acknowledges that eight (8) hours constitutes a legal day’s work pursuant to Labor Code section 1810.
2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
2.8 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, Work or materials pursuant to this Agreement.
ARTICLE 3 – RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services.
3.2 City designates John R. Harris, Municipal Engineering and Utilities Department Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.
ARTICLE 4 – PERFORMANCE OF SERVICES
4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. The Services shall commence as of the Effective Date of this Agreement.
4.2 The term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the “Initial Term”). The City shall have the option to extend the Initial Term of this Agreement by one (1) additional year (“Extended Term”), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term and subsequently, at least thirty (30) days before any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.
4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit “B,” which is attached hereto and incorporated herein by reference, in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement.
ARTICLE 5 – PAYMENTS TO CONTRACTOR
5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of seven hundred eighty-three thousand three hundred fifty-six dollars and ninetysix cents ($783,356.96) for the Services provided during the Initial Term and Extended Term. For the Initial Term and the Extended Term, City shall pay Contractor on a time and Redlands Regular Meeting 06-21-2022 1360 of 1716
materials basis up to the not to not-to-exceed amount in accordance with the unit prices specified in Exhibit “C,” titled “Bidder’s Rate Sheet,” which is attached hereto and incorporated herein by reference.
5.2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom.
City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY CONTRACTOR
City Clerk Jon Price, General Manager
City of Redlands Ferguson Enterprises, LLC
35 Cajon Street 11909 Tech Center Court
P.O. Box 3005 (mailing) Poway, CA 9064
Redlands, CA 92373 [email protected]
[email protected] Phone (949) 690-4649
Phone: (909) 798-7532
ARTICLE 6 – INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor.
Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice to City.
A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “D,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.
B. Commercial General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal Redlands Regular Meeting 06-21-2022 1361 of 1716
injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
6.2 Contractor shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property to the extent caused by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services.
ARTICLE 7 – CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor’s Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.
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7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.
ARTICLE 8 – GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of inhouse counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.
8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor’s compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.
8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement.
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8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.
CITY OF REDLANDS FERGUSON ENTERPRISES, LLC.
______________________________ ________________________________ Paul T. Barich, Mayor Jon Price, General Manager
ATTEST:
_______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting 06-21-2022 1364 of 1716
EXHIBIT "A"
SCOPE OF SERVICES
1. Project Overview
Ferguson will furnish and commission AMI Gateway Data Collectors, expanding the City’s Neptune AMR system to include AMI technology. The scope of services includes the deployment of all hardware and systems, integrations, testing, training, support services (during deployment), and maintenance of the AMI network infrastructure (data collectors, aka “Gateways”).
Ferguson Waterworks will provide the following equipment and services to the City:
• AMI System which includes the supply of: Gateway Data Collectors, AMI network infrastructure, Neptune 360 head-end software; installation, commissioning, and testing of the AMI network infrastructure and system; training; and ongoing support and maintenance of the Neptune 360 software.
• Installation services for Gateway Data Collectors and associated equipment such as Uninterrupted Power Supply.
• Ferguson and its subcontractors will provide integration and testing of all components for a fully functional AMI system that operates within required performance parameters.
2. Items, Materials, and Services to be supplied by Ferguson • General. Ferguson shall supply the following components and aspects of installation:
overall project management; problem solving; inspection; system integration; and quality control.
• AMI software. Ferguson will supply, install, set, and test the Neptune 360 hosted software.
Neptune 360 will be maintained by Neptune Technology Group in accordance with SaaS agreement.
• AMI Network hardware. Ferguson will furnish and install Gateway Data Collectors per network design.
o City of Redlands is to own the AMI network.
• Training and Documents. Ferguson and Neptune will provide a Training Plan and document the individuals that successfully complete the training session(s).
3. AMI Fixed Network Design Services
Ferguson shall conduct a comprehensive site survey and be responsible for a proper Fixed Network design to ensure sufficient coverage for each Endpoint Radio (“Endpoint”). Ferguson shall work with the City to ensure Fixed Network infrastructure is properly sized, installed, and configured to their expectations. The City will be responsible for procuring the Gateway Data Collectors, through Ferguson, and providing the locations for them to be installed. Ferguson shall provide maintenance and support for the Data Collectors during the implementation. Each Gateway comes with 1 year warranty and maintenance agreement.
• Furnish and install Gateway Data Collectors at the locations indicated on propagation map generated by Neptune.
• Ferguson shall provide a map, showing where these proposed Gateway Data Collectors would be installed in the City’s service territory. * See below.
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• Ferguson will test the AMI system.
• Ferguson shall provide training to the City per Training Plan – Neptune AMI.
4. Ferguson Assumptions
R900v4 enhanced propagation is preliminary. Gateway Data Collectors V4 and R900v4 MIU (Pit w/External Antenna) required. The use of this Gateway propagation analysis should be done with this understanding and there is no guarantee of product or performance. Additional gateways could be required.
5. R900 Propagation Analysis - City of Redlands
Service Area:
Proposed Gateway Collector Locations:
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6. Gateway Site(s) Detail
CRAFTON SITE (4Craftonn)
• Install new mast and antenna on existing railing
• Install new coax from antenna to gateway utilizing existing railing and conduits • Install gateway and battery backup unit on new H frame at base of tank • Install ground rod and tie into existing power
• Perform QAQC and sweep test
FORD SITE (4Ford)
• Install new mast and antenna on existing tower
• Install new coax from antenna to gateway utilizing existing tracks • Install gateway and battery backup unit on new H frame at base of tower • Install ground rod and tie into existing power
• Perform QAQC and sweep test
WELL 56 SITE (4Well56)
• Install new 50’ tower and 5’x5’x5’ concrete footing
• Install new mast and antenna on new tower
• Install new coax from antenna to gateway
• Install gateway and battery backup unit on new H frame at base of tower • Install solar panels on new tower within 20’ of gateway • Install ground rod
• Perform QAQC and sweep test
Redlands Regular Meeting 06-21-2022 1367 of 1716
COUNTRY CLUB RESERVIOR SITE (4Country)
• Install new non-penetrating roof mount kit to support 24’ ROHN tower • Install new mast and antenna on new ROHN tower
• Install new coax from antenna to gateway
• Install gateway and battery backup unit on new H frame anchored at base of reservoir • Install solar panels on new pole within 20’ of gateway • Install ground rod
• Perform QAQC and sweep test
ARROYO TANK SITE (4Arroyo)
• Install new mast and antenna on existing railing
• Install new coax from antenna to gateway utilizing existing railing and conduits (*requires controlled descent)
• Install gateway and battery backup unit on new H frame at base of tank • Install ground rod and tie into existing power
• Perform QAQC and sweep test
TEXONIA TANK SITE (4Texonia)
• Install new mast and antenna on existing tank
• Install new coax from antenna to gateway
• Install gateway and battery backup unit on new H frame anchored to base of tank • Install solar panels on railing within 20’ of gateway • Install ground rod
• Perform QAQC and sweep test
COMMUNITY PARK (4Comunty)
• Install new pipe mast offset from light pole for antenna • Install new coax from antenna to gateway
• Install gateway and battery backup unit anchored to pole out of reach from ground • Install solar panels on light pole within 20’ of gateway • Install ground rod
• Perform QAQC and sweep test
UBS CITY BUILDING [Substitute for WELL SITE 41 (4Well41)] • Install new mast and antenna
• Install new coax from antenna to gateway
• Install gateway and battery backup unit on new H frame • Install ground rod and tie into existing power
• Perform QAQC and sweep test
STREET LIGHT POLES SITES (7)
Possible Site Locations: Find001, Find002, Find004, Find010, Find013, Find016, and Find017. • Install new pipe mast offset from light pole for antenna • Install new coax from antenna to gateway
• Install gateway and battery backup unit anchored to pole out of reach from ground • Install solar panels on pole within 20’ of gateway
• Install ground rod
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• Perform QAQC and sweep test
WELL SITES (9)
Possible Well Site Locations: Well 20, Well 29, Well 34, Well 36, Well 37, Well 57, Well 6, Well 61, and Well 7.
• Install new mast and antenna on new tower
• Install new coax from antenna to gateway
• Install gateway and battery backup unit on new H frame anchored to tower footing • Install solar panels on new tower or asset within 20’ of gateway (when power unavailable) • Install ground rod and tie to existing power unless solar • Perform QAQC and sweep test
OTHER SITES (2)
Possible Site Locations: Agate and SthAve
• Install new 50’ tower and 5’x5’x5’ concrete footing
• Install new mast and antenna on new tower
• Install new coax from antenna to gateway
• Install gateway and battery backup unit on new H frame anchored to tower footing • Install Solar panels on new tower within 20’ of gateway • Install ground rod
• Perform QAQC and sweep test
Redlands Regular Meeting 06-21-2022 1369 of 1716
7. AMI Fixed Network Implementation Schedule
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8. Training Plan - Neptune AMI
Neptune Training Outline
Neptune will provide a training program for utility personnel including customer service, and inhouse technical support personnel. The training will cover the overall system management and routine operation. The City’s training facilities will be utilized to conduct all training classes.
Neptune proposes training all City staff involved with the AMI system including PC operators, supervisors, field crews and IT personnel. Neptune will provide the in-house technical support personnel with system configuration documentation as part of the training classes. Neptune will supply the City with standard training documentation for use during training classes. The following is an outline of the training to be provided on-site at City facilities.
The training agenda covers the topics below. We permit our trainers to take liberties and adjust the agenda topics, order, and length based upon the City’s preference.
General AMI Network Infrastructure
a. Hardware of the AMI system
b. Data flow (communication) of the AMI system
AMI Endpoint
a. How it works
b. Features and Functionality
c. Installation
d. Troubleshooting
Field Training
a. Basic Operation of handheld and mobile devices
b. Meter readers are given practice time in the field
c. Troubleshooting
Host Software Training (Head-end)
a. General system overview
b. Terminology
c. How the system interfaces to CIS Billing System
d. Managing routes
e. Loading and unloading of field collection devices
f. System Health Dashboards
g. Customer Service Menu
h. Event Maintenance
i. Using and Creating Groups
j. Mapping Module (optional)
k. Table Maintenance
l. Generating report
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EXHIBIT "B"
LABOR AND MATERIAL BOND
Whereas, the City of Redlands, State of California, and Ferguson Enterprises, LLC. (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to provide on-call sewer collection system repair services (the “Work”), which said agreement, dated June 15, 2021, and identified as water meter installation services is hereby referred to and made a part hereof; and Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Five Hundred Thousand Dollars ($500,000) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on_________________, 2022.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:
(Seal and Notarial Acknowledgment of Telephone ( )
Redlands Regular Meeting 06-21-2022 1372 of 1716
Surety)
Redlands Regular Meeting 06-21-2022 1373 of 1716
EXHIBIT “C”
BIDDER’S RATE SHEET
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Gateway Installation Assumptions
• Collectors to be installed on existing City assets.
• Asset has structural capacity to support collector equipment. • City responsible for the structural integrity of chosen assets if insufficient. • City responsible for permitting or any required approvals. • City responsible for trenching and concrete work, as needed. • Dedicated 120v AC circuit power is available at “powered sites”. • Standard install includes up to 50-feet of above ground conduit to reach UPS/Gateway. • Installation does not include trenching, asphalt cutting, demo, or concrete work. • Installation hardware and practices determined by industry standards. • Tank installs to utilize ladder for coax cable routing/supports. • Coax and grounding to be ran free air. Conduit can be requested at an additional expense. for labor, materials, and possible equipment rentals.
• Excavation for tower footing, if necessary, does not include rocky soil. • Utility to provide keys, contractor locks, or other means of immediate access to facilities. • New towers quoted are aluminum tilting towers.
• Excavated soil disposed onsite or at alternate City location comes at no charge. • Excavated soil disposed off-site, at non-City location comes with an added cost. • Quote assumes all sites are accessible for heavy equipment and concrete trucks. • Required use of concrete pump is not included in quote. • Costs subject to change based on actual site conditions upon arrival.
Prop Study Assumptions
• Power requirements: 120V AC or SOLAR options.
• Backhaul requirements: Cellular Modem, Ethernet.
• FAA/ASR may be required for structures near airports or heights >200 feet. • AM Tower detuning evaluations for structures within 3km, check LBA Group or Sitesafe. • 10 feet minimum vertical separation from other 900MHz system antennas on structure. • 3 feet – 4 feet standoff required for side mounting antenna on towers. • Revised propagation analysis required for Gateway location or height changes. • Spare gateway recommended for system maintenance.
• Complies with Part 15 of FCC Rules: May not cause harmful interference, and must accept any interference received, including interference that may cause undesired operation. • Propagation Study based on typical noise level below – 120dBm, otherwise additional gateways could be required.
• MIUs mounted inside structures are not recommended for Fixed Network solutions. RF signal is affected differently by building materials used within structures and it is difficult to account for all types of construction. If the scope states inside MIU used for study, an average loss value is applied to the model. In situations, where inside MIUs do not perform as necessary, an external wall MIU or additional Gateways may be required. • R900v4 enhanced propagation is preliminary, equipment specifications and system performance still required to validate propagation. Gateway V4 and R900v4 MIU (External Wall or Pit w/External Antenna) required, any older units will require replacement. The use of this Gateway propagation analysis should be done with this understanding and there is no guarantee of product or performance. Additional gateways could be required.
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EXHIBIT "D"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to selfinsure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
FERGUSON ENTERPRISES, LLC.
By: ___________________________ Date:___________________ Jon Price, General Manager
Redlands Regular Meeting 06-21-2022 1376 of 1716
Redlands Regular Meeting 06-21-2022 1377 of 1716
City Council Meeting K. 8.
DATE: 06/21/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Construction Contract with Baker Electric & Renewables LLC for an amount not-to-exceed $937,418 for the Highway Safety Improvement Program Cycle 8 Emergency Vehicle Preemption System Project, and determination that the project is exempt from environmental review pursuant to Section 15301(c) of the State’s guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If City Council determines that staff's recommendation is appropriate, the following motions are provided:
I move that the City Council determine approval of a Construction Contract and construction of the Highway Safety Improvement Program Cycle 8 Emergency Vehicle Preemption System Project is exempt
from environmental review pursuant to Section 15301(c) of the State’s guidelines implementing the California Environmental Quality Act;
1. I move to approve the Highway Safety Improvement Program Cycle 8 Emergency Vehicle Preemption System Project plans and specifications; and
2. I move to approve the Construction Contract with Baker Electric & Renewables, LLC for an amount not-to-exceed $937,418.
3. RECOMMENDATION:
Staff recommends City Council determine approval of a Construction Contract and construction of the Highway Safety Improvement Program Cycle 8 Emergency Vehicle Preemption System Project is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act. Staff further recommends City Council Redlands Regular Meeting 06-21-2022 1378 of 1716
approve the project plans and specifications, and award the Construction Contract to Baker Electric & Renewables, LLC for an amount not-to-exceed $937,418.
DISCUSSION:
In August 2016, staff submitted a $1,188,000 grant application to the California Department of Transportation (CalTrans) through the Highway Safety Improvement Program (HSIP) to install emergency vehicle preemption (EVP) devices on traffic signals throughout the City. The HSIP manages and distributes federal funds to assist local agencies to reduce fatalities and serious injuries on public streets. In November 2016, the City was notified that its Project was selected for funding through the HSIP Cycle 8 grant program, with a total award amount of $1,188,000.
The proposed EVP system detects electronic signals from emergency responder vehicles (Police, Fire, etc.), disrupts the normal traffic signal cycle, and provides a "green" signal phase for the vehicle to safely pass through an intersection. The goal of this project is to install preemptive devices on all existing traffic signals within the City's jurisdiction.
The HSIP grant funding has been used for preliminary engineering, and will be used for construction and construction engineering. On February 26, 2021, City Council executed an Agreement with AGA Engineers, Inc. to complete the construction plans, specifications, and cost estimates for the engineering phase of the project.
In March 2022, CalTrans authorized the City to proceed with construction of the Project, and staff advertised the Project. On May 19, 2022, the City Clerk’s office received and opened the following six (6) bids:
Bidder Summary Report
Bidder Bid Amount
1. Baker Electric & Renewables LLC, Escondido, CA $852,199
2. Yunex LLC, Riverside, CA $858,500
3. Crosstown electrical & Data, Inc., Irwindale, CA $898,980
4. Elecnor Belco Electric, Inc., Chino, CA *$951,068
5. Servitek Electric, Inc., Walnut, CA $964,000
6. Bear Electrical Solutions, Inc. Alviso, CA *$1,035,866 *Summation error on total bid price. The total bid amount was corrected and highlighted in the Bid Analysis to identify the summation error. The ranking order was not affected by the summation error.
Bids were reviewed by staff and Baker Electric & Renewables LLC was determined to be the lowest responsive and responsible bidder. Therefore, staff Redlands Regular Meeting 06-21-2022 1379 of 1716
recommends awarding a construction contract to Baker Electric & Renewables LLC in an amount not-to-exceed $937,418, which includes $85,219 for construction contingencies. The engineer’s estimate for the Project is $987,000.
The Project is categorically exempt from environmental review in accordance with Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act as this project involves the installation of new devices on existing traffic signals.
ALTERNATIVES:
City Council may deny staff's recommendation.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Goutam K. Dobey, Engineering Manager
PREPARED BY:
Veronica Medina, Assistant Engineer
Fiscal Impact
Fiscal Year: FY 21/22
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: Y
Account No.: 200400
Discussion:
There is no fiscal impact associated with this action. The FY 21/22 Redlands Regular Meeting 06-21-2022 1380 of 1716
There is no fiscal impact associated with this action. The FY 21/22 Governmental Grant Fund (200400) includes $990,000 for this project, all of which will be reimbursed by the CalTrans HSIP grant funding program after successful completion of the Project.
Attachments
A. Baker Electric & Renewables Public Works Contract
B. Bid Opening Report
C. Bid Analysis
D. Location Map
E. Project Plans
Redlands Regular Meeting 06-21-2022 1381 of 1716
PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract (“Contract”) is made and entered into this 21st day of June, 2022, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter “City”), and Baker Electric & Renewables LLC (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: HSIP Cycle 8 Emergency Vehicle Preemption System Citywide, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s HSIP Cycle 8 Emergency Vehicle Preemption System Citywide, Project No. 47026 (the “Work”).
2. CONTRACT SUM: City shall pay Contractor the sum of Nine Hundred Thirty-Seven Thousand Four Hundred Eighteen Dollars ($937,418) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. The Contract Sum includes in the amount not-to exceed of $85,219 for construction contingency. Construction contingency has been allocated to cover cost growth during the Project to be used at the sole discretion of City for costs resulting from City directed changes to the Work to be performed under the Contract or unforeseen site conditions and may not be spent entirely. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within Seventy-Five (75) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.
4. LIQUIDATED DAMAGES: Contractor’s failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of Five Hundred Dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that Five Hundred Dollars ($500) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).
6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy-five thousand dollars ($375,000) or less shall be made by Contractor and Redlands Regular Meeting 06-21-2022 1382 of 1716
processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents.
11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.
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IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above.
CITY OF REDLANDS
(SEAL)
By:____________________________________
Paul T. Barich, Mayor
ATTEST:
____________________________________
Jeanne Donaldson, City Clerk
(SEAL)
__________________________________________
Name of Contractor
By:_______________________________________
Signature of Authorized Agent
__________________________________________
Title
__________________________________________
Signature of Authorized Agent (if necessary)
__________________________________________
Title
__________________________________________
Contractor's License No.
Redlands Regular Meeting 06-21-2022 1384 of 1716
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities & Engineering Department
HSIP Cycle 8 Emergency Vehicle Preemption System Citywide Project No. 47026
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to selfinsure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
Dated this day of , 2022.
_____________________________________
(Contractor)
_____________________________________
(Signature)
_____________________________________
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.)
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FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands (“City”), State of California, and Baker Electric & Renewables LLC (hereinafter designated as "Principal") have entered into an agreement dated June 21, 2022 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as HSIP Cycle 8 Emergency Vehicle Preemption System Citywide, Project No. 47026 and is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and, _____________________________, as Surety, are held and firmly bound unto the City in the penal sum of Nine Hundred Thirty-Seven Thousand Four Hundred Eighteen Dollars ($937,418) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered.
As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains.
Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City’s option:
1. Complete the Work in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable Redlands Regular Meeting 06-21-2022 1386 of 1716
hereunder, the amount set forth above. The term “balance of the Agreement price,” as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.
Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City’s objection to the Principal’s further participation in the completion of the Work.
No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.
In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2022.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________
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LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Baker Electric & Renewables LLC (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated June 21, 2022, and identified as HSIP Cycle 8 Emergency Vehicle Preemption System Citywide Project, Project No. 47026 is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Nine Hundred Thirty-Seven Thousand Four Hundred Eighteen dollars ($937,418) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 2022.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________
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ATTACHMENT "C"
PROJECT NO. 47026 BID DATE: 19-May-2022
HSIPL-Cycle 8 Emergency Vehicle Preemption System EST. START DATE: 27-Jun-2022 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $43,196.00 $43,196.00 $9,899.00 $9,899.00 $30,000.00 $30,000.00 2 Demobilization 1 LS $30,196.00 $30,196.00 $4,500.00 $4,500.00 $2,000.00 $2,000.00 3 Traffic Control 1 LS $13,558.00 $13,558.00 $5,800.00 $5,800.00 $15,000.00 $15,000.00 4 Furnish and Install Emergency Vehicle Preemption
System 91 EA $6,141.00 $558,831.00 $7,000.00 $637,000.00 $7,200.00 $655,200.00 5 Furnish and Install Emergency Vehicle Preemption
Equipment for Emergency Vehicles 23 EA $4,711.00 $108,353.00 $4,800.00 $110,400.00 $4,600.00 $105,800.00 6 Furnish and Install ATC Controller Unit in Existing
Type P or M Cabinet 7 EA $8,616.00 $60,312.00 $8,000.00 $56,000.00 $8,000.00 $56,000.00 7 Furnish and Install ATC Controller Unit in Existing
Type 332 Cabinet 3 EA $10,650.00 $31,950.00 $10,000.00 $30,000.00 $9,700.00 $29,100.00 8 Reconnect Existing Emergency Vehicle
Preemptions System 1 EA $4,803.00 $4,803.00 $4,900.00 $4,900.00 $4,880.00 $4,880.00 9 Unforeseen work not covered within all other bid
items 1 LS $1,000.00 $1,000.00 $1.00 $1.00 $1,000.00 $1,000.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price
License Status
Sub's License Status
Bid Bond Company
Submitted Entire Bid Package
Submitted Sub's Qualification Statement
DIR Status
Error in Bid
$852,199.00 $898,980.00
Yes Yes
Active
N/A
Fidelity and Deposit Company of Maryland
Active
N/A
Fidelity and Deposit Company of Maryland
$858,500.00
CITY OF REDLANDS
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
BID ANALYSIS
Item
No.
Crosstown Electrical &
Bid Item Quantity Unit Data, Inc.
Baker Electric &
Renewables LLC Yunex LLC
No
N/A N/A
Active Active
No
Active
No
Active
N/A
Fidelity and Deposit Company of Maryland
Yes
N/A
Low Bidders #1, #2 and #3
Sheet 1 of 2
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ATTACHMENT "C"
PROJECT NO. 47026 BID DATE: 19-May-2022
HSIPL-Cycle 8 Emergency Vehicle Preemption System EST. START DATE: 27-Jun-2022 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $30,000.00 $30,000.00 $12,000.00 $12,000.00 $35,000.00 $35,000.00 2 Demobilization 1 LS $5,000.00 $5,000.00 $12,000.00 $12,000.00 $3,164.00 $3,164.00 3 Traffic Control 1 LS $5,000.00 $5,000.00 $12,000.00 $12,000.00 $2,400.00 $2,400.00 4 Furnish and Install Emergency Vehicle Preemption
System 91 EA $7,549.00 $686,959.00 $7,000.00 $637,000.00 $8,300.00 $755,300.00 5 Furnish and Install Emergency Vehicle Preemption
Equipment for Emergency Vehicles 23 EA $5,365.00 $123,395.00 $6,000.00 $138,000.00 $6,000.00 $138,000.00 6 Furnish and Install ATC Controller Unit in Existing
Type P or M Cabinet 7 EA $8,362.00 $58,534.00 $10,000.00 $70,000.00 $9,000.00 $63,000.00 7 Furnish and Install ATC Controller Unit in Existing
Type 332 Cabinet 3 EA $10,493.00 $31,479.00 $11,000.00 $33,000.00 $11,000.00 $33,000.00 8 Reconnect Existing Emergency Vehicle
Preemptions System 1 EA $5,600.00 $5,600.00 $20,000.00 $20,000.00 $6,000.00 $6,000.00 9 Unforeseen work not covered within all other bid
items 1 LS $1,000.00 $1,000.00 $30,000.00 $30,000.00 $1.00 $1.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price
* Summation Error * Summation Error
License Status
Sub's License Status
Bid Bond Company
Submitted Entire Bid Package
Submitted Sub's Qualification Statement
DIR Status
Error in Bid Yes No Yes
N/A N/A N/A
Active Active Active
Fidelity and Deposit Company of Maryland Great Midwest Insurance Company Harco National Insurance Company Yes Yes Yes
$946,967.00 $964,000.00 $1,035,865.00
N/A N/A N/A
Active Active Active
CITY OF REDLANDS
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
BID ANALYSIS
Item
No. Bid Item Quantity Unit
Elecnor Belco Electric,
Inc. Servitek Electric, Inc. Bear Electrical Solutions, Inc.
Low Bidders #4, #5 and #6
Sheet 2 of 2
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BROOKSIDE AVE
ATTACHMENT "D"
HSIP CYCLE 8
EMEREHNCY VEHICLE PREEMPTION
SYSTEMS CITYWIDE
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Ü
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City Council Meeting K. 9.
DATE: 06/21/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of an agreement with Green Earth Environmental Cleaning Solutions for city wide street sweeping services in a total agreement amount not-to-exceed $1,020,600 for a period of three years, with two additional one-year renewal options for a possible agreement total amount not-to-exceed $1,701,000, and
determination that the project is not subject to environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:
I move to approve an agreement with Green Earth Environmental Cleaning Solutions for city-wide street sweeping services in an amount not-to-exceed $1,202,600 for a period of three years, with two additional one-year renewal options for a possible agreement total amount not-to-exceed $1,701,000; and
1. I move that the City Council determine that the project is categorically exempt from environmental review in accordance with Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act.
2. RECOMMENDATION:
Staff recommends that the City Council approve an agreement with Green Earth Environmental Cleaning Solutions for city-wide street sweeping services in an amount not-to-exceed $1,020,600 for a period of three years, with two additional one-year renewal options for a possible agreement total amount not-to-exceed $1,701,000.
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Staff further recommends the City Council determine that the project is categorically exempt from environmental review in accordance with Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act.
DISCUSSION:
The Facilities and Community Services Department oversees the monthly street sweeping contract. The street sweeping contract includes residential routes which are swept twice a month, a monthly street sweeping program for City owned parking lots, airport, cemetery, landfill, and sweeping of the downtown area four times per week. This service enables the City to remain in compliance with the National Pollutant Discharge Elimination System (NPDES) requirements.
In accordance with the City's purchasing policy, City staff developed a Request for Bid (RFB) for street sweeping services. The RFB was competitively advertised, and the City Clerk conducted a public bid opening on April 20, 2022, opening 3 bids. Staff evaluated the bids for conformance with the purchasing ordinance, and verified the total price as shown in the table below. Green Earth Environmental Cleaning Solutions was determined to be the lowest responsible and responsive bidder.
VENDOR BID AMOUNT
Green Earth Environmental Cleaning Solutions $340,200.00 Guardian Street Sweeping $954,0046.24
Clean Street $1,217,599.40
Staff recommends approval of the agreement with Green Earth Environmental Cleaning Solutions for City wide street sweeping services in the amount not to exceed $1,020,600 for a period of three years with two additional one-year renewal options for a possible agreement total amount not-to-exceed $1,700,000. Furthermore, approval of the agreement has been determined to be categorically exempt from environmental review in accordance with Section 15301(c) of the State CEQA guidelines. This section, existing facilities, consists of the operation, repair maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, involving negligible or no expansion of existing or former use. The approval of this agreement will permit the services for city wide street sweeping.
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ALTERNATIVES:
City Council may elect not to award the agreement with Green Earth Environmental Cleaning Solutions and provide alternative direction to staff.
STRATEGIC PLAN:
Not applicable
SUBMITTED BY:
Chris Boatman, Assistant City Manager
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Kathleen Giorgianni, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2022-23
Revenue Generating: Yes
Amount: $1,020,600
Budgeted Y/N: Yes
Account No.: 101304
Discussion:
Funding for this service is included in the Streets Division Operating Budget request for FY 2002-23. Street cleaning fees generate approximately $311,000 annually.
Attachments
A. Agreement with Green Earth Environmental
B. Clerk's Bid Report
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AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of street sweeping services (“Agreement”) is made and entered in this 21st day of June, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Green Earth Environmental Cleaning Solutions (“Contractor”). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE 1 – ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to perform street sweeping services for City (the “Services”). The Services that Contractor shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 – RESPONSIBILITIES OF CONTRACTOR
2.1 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City’s Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373.
2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771.6.
2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.
2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection.
2.5 Contractor acknowledges that eight (8) hours constitutes a legal day’s work pursuant to Redlands Regular Meeting 06-21-2022 1421 of 1716
Labor Code section 1810.
2.6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
2.7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, goods or materials pursuant to this Agreement.
ARTICLE 3 – RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.
3.2 City designates Chris Boatman, Assistant City Manager, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.
ARTICLE 4 – PERFORMANCE OF SERVICES
4.1 The Services shall commence as of the Effective Date of this Agreement. Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” which is attached hereto and incorporated herein by this reference.
4.2 The term of this Agreement shall be for a period of three (3) years from the Effective Date of this Agreement (the “Initial Term”). The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.
4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit “B,” which is attached hereto and incorporated herein by this reference, in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement.
ARTICLE 5 – PAYMENTS TO CONTRACTOR
5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of One Million Twenty Thousand Six Hundred Dollars ($1,020,600) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of Three Hundred Forty Thousand Two Hundred Dollars ($340,200) for the first Extended Redlands Regular Meeting 06-21-2022 1422 of 1716
Term, and Three Hundred Forty Thousand Two Hundred Dollars ($340,200.) for the second Extended Term, bringing the total possible amount of compensation to a not-toexceed amount of One Million Seven Hundred and One Thousand Dollars ($1,701,000).
For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not-to-exceed amount in accordance with the rates specified in Exhibit “C,” titled “Price and Fee Schedule,” which is attached hereto and incorporated herein by reference.
5.2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom.
City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY CONTRACTOR
City Clerk Nsoah Abu-Rasool
City of Redlands Green Earth Env. Cleaning Solutions
35 Cajon Street 7231 Boulder Ave, STE 290
P.O. Box 3005 (mailing) Highland, CA 92346
Redlands, CA 92373 [email protected]
[email protected] 909-890-7470
(909) 798-7531
ARTICLE 6 – INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor.
Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.
A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of Redlands Regular Meeting 06-21-2022 1423 of 1716
the State of California. Contractor shall execute and provide City with Exhibit “D” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or selfinsurance maintained by City.
6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services.
ARTICLE 7 – CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor’s Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.
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B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.
7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.
ARTICLE 8 – GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of inhouse counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.
8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor’s compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.
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8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.
CITY OF REDLANDS GREEN EARTH ENVIRONMENTAL
CLEANING SOLUTIONS
By: ___________________________ By: _________________________ Paul T. Barich, Mayor Nsoah Abu-Rasool
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
Perform Street Sweeping Services that includes, but is not limited to:
1. Contractor shall furnish, at its own expense, all labor, equipment and materials necessary for the satisfactory performance of the street sweeping.
2. Contractor shall ensure that all locations are cleaned and/or swept free of all trash, dirt and debris. Locations that are inaccessible to a sweeping machine, must be cleaned out by hand or other means. For example, corners or tight cul-de-sacs should be swept out by hand broom or blower and collected for disposal. After sweeping, curbs and gutter shall be left in a clean condition (free from residue).
3. For locations that cannot be directly cleaned with a sweeping machine (i.e. parked car with debris behind it), Contractor shall use a blower to clean off the identified infrastructure and then collect and dispose of the debris, or other cleaning methods as approved by the authorized City representative.
4. Contractor shall immediately notify and report to the authorized City representative the existence of large debris or illegal dumping that cannot be cleaned and disposed of as outlined in this Scope of Services.
5. Contractor shall make as many passes as are necessary to leave the streets in clean condition.
6. Contractor shall maintain a log that indicates dates, times, streets and miles swept. The log shall be available for the inspection by the Facilities & Community Services Director or his designee.
7. Holidays: Sweeping Services shall be provided on all holidays that the City provides refuse/recycle services.
8. Hours: Sweeping operations shall be conducted during hours that increase the benefit of the program. Residential shall be swept between 7 a.m. and 5 p.m. Commercial and Industrial areas shall be swept between the hours of 6:00 a.m. and 5:00 p.m. and downtown area shall be swept between the hours of 3:00 a.m. and 6:00 a.m.
9. Delays in Sweeping: Regular Sweeping shall not be required in the event of inclement weather.
10. Equipment: Sweeping shall be conducted by either mechanical broom sweeper, vacuum sweeper or combination sweepers. Mechanical broom sweepers may be approved by the City for certain heavy sweeping areas.
11. All sweepers utilized in this contract must be alternative fuel vehicles, fueled by compressed natural gas (L/CNG) or propane and comply with all Federal, State and Local regulations pertaining to sweeper equipment operation including, but not limited to, SCAQMD Rule 1186.1. The Bidder shall also provide all necessary operational information and data that may be required to complete the reporting requirements of any legally established regulatory agency.
12. City may sell L/CNG fuel to Contractor
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13. All sweepers shall be equipped to work with both recyclable and domestic (potable) water, the use of recycled water shall be priority while performing daily operations. Contractor shall meet all Federal, State and local regulations, including, but not limited to SCAQMD Rule 1186.1.
14. Contractor shall have and maintain a minimum of three sweepers: Two (2) primary alternative fuel sweepers and one (1) back-up alternative sweeper for use in providing the services to the City.
15. In the event that a sweeper requires repair or replacement, a replacement sweeper will be provided so that the established inventory does not fall below the above stated requirements.
The selected vendor shall maintain the sweepers in good, clean, working condition. Any of the primary sweepers needing to be permanently replaced due to age and condition of the vehicles shall be replaced with a new vehicle.
16. Global Positioning System (GPS) Tracking: Contractor, at its own expense will ensure that all primary street sweepers have a GPS installed that will enable the City to view via internet where the sweepers are at all times. T GPS system shall be capable of the following:
a. The system shall be internet based and City shall be provided a minimum of two (2) accounts with have full access to the site.
b. The system shall be capable of gathering and reporting the following real time data:
i. Speed, direction, location on a map, address, distance traveled, brooms up or down, water on or off.
ii. The sweepers’ path of travel superimposed on a map. c. Generating an email alert whenever sweeper speeds exceed 6 mph or sweeper nonmovement for periods in excess of one hour. d. Generating daily reports of sweeper activity including the previously required elements.
e. Maintaining the data for a period of 90-days, after which data will be downloaded to the City for storage.
f. Two way voice or text messaging communication between the City and the individual sweepers shall be available.
g. GPS system must be up and running within 30 days of the Effective Date of the Agreement.
17. Response to complaints: Contractor shall respond within 24 hours to requests or complaints called in from the Department. Contractor shall investigate any complaints that may concern or involve the performance of the Street Sweeping Services. Contractor shall report to the Facilities & Community Services Director or their designee, on the following working day, as to the action or procedure taken with reference to any complaints.
18. Disposal of Sweeping: Contractor shall utilize the County landfill to dispose of debris and trash or other designated disposal site that accepts debris and trash from a street sweeper.
19. Water: Contractor shall obtain a portable water meter from the City’s Utilities Customer Service Division, and shall obtain and pay separately for all water necessary for street sweeping services. The City will not provide water for this contract.
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20. Speed Limit of Sweepers: Sweepers shall not operate above 5 miles per hour, especially around curbs and bends, or optimal maximum speed as specified by the manufacturer for optimum sweeping.
21. Record Keeping: Contractor shall provide the following records:
a. Maintain a daily log detailing mileage and cubic yards/tons of materials collected. b. Submit to City a monthly report which summarizes curb mileage for residential, commercial and industrial disposal.
c. Provide a report that specifies number and nature of complaints received when they were responded to and how they were resolved.
d. Provide a report that contains lists of trees, vegetation, inoperative motor vehicles, and any other obstructions which impede sweeping.
e. Contractor shall also provide all necessary operational information and data that may be required to complete the reporting requirements of any legally established regulatory agency.
22. Contractor may, from time to time, be required to attend a quarterly meeting at which monthly reports, complaint logs and other documentation will be reviewed and discussed.
23. Licenses: Contractor shall obtain a current City of Redlands business license prior to commencement of services.
24. Event of Default/Liquated Damages: Failure of Contractor to complete the work in accordance with the agreement and specifications will result in damages being sustained by the City. Such damages are, and will continue to be, impractical and extremely difficult to determine. The following are events of default that shall be cause for liquidated damages:
a. Operation of sweeper without using sufficient water to control dust. b. Operation of sweeper exceeding the stated speed limits for operation. c. Missing scheduled sweeping days without providing prior notice to the Facilities and Community Services Director or their designee (excluding inclement weather). d. Poor results – i.e.: dirt left behind.
e. Any failure or refusal by Contractor to perform in accordance with the terms of the agreement.
25. When observed violating the foregoing on the first occurrence, Contractor will be notified in writing by City. Contractor shall respond within five (5) business days with a written plan stating how compliance will be corrected. If Contractor violates the same specifications a second time within a 30-day period, the City shall have the right to withhold payment of $300.00 from the subsequent invoice following the month the violation occurred or went unresolved.
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EXHIBIT "B"
LABOR AND MATERIAL BOND
Whereas, the City of Redlands, State of California, and (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to Description of Improvement Services to Public Buildings and/or grounds (the “Work”), which said agreement, dated , 20XX, and titled as “Agreement to Perform Non-Professional Services for Improvement to Public Builds and Grounds” is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Written dollar amount Dollars ($ ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 20__.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:
_______________________________________
________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone( ) ___________________________
Redlands Regular Meeting 06-21-2022 1430 of 1716
EXHIBIT “C”
PRICE AND FEE SCHEDULE
Prices noted below include all applicable sales, State, Federal and any other special taxes, patent rights or royalties.
A. SCHEDULED WORK
ITEM
NO. ITEM DESCRIPTION
UNIT OF
MEASURE
(MILES)
NUMBER OF
SWEEPS PER
YEAR
UNIT PRICE
PER SWEEP
A1 Downtown area 2082 156 $129.50
A2 1st & 3rd Monday 1,837 24 $750.00
A3 1st & 3rd Tuesday 1234 24 $605.00
A4 1st & 3rd Wednesday 1027 24 $605.00
A5 1st & 3rd Thursday 1218 24 $605.00
A6 1st & 3rd Friday 1272 24 $605.00
A7 2nd & 4th Monday 1685 24 $750.00
A8 2nd & 4th Tuesday 1390 24 $700.00
A9 2nd & 4th Wednesday 1262 24 $605.00
A10 2nd & 4th Thursday 1950 24 $750.00
A11 2nd & 4th Friday 1035 24 $605.00
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B. PARKS AND OTHER REQUIRED AREAS
ITEM
NO.
LOCATION SERVICE
INTERVAL SQ. FT
# OF
SWEEPS
PER YEAR
UNIT PRICE
PER SWEEP
B1 Brookside Park 3RD FRIDAY 24,890 12 $450.00
B2 City Corp Yard 1ST & 3RD
WEDNESDAY 375,558 24 $1,000.00
B3 Civic Center Parking Lot
(above parking lot) 2ND THURSDAY 14,792 12 $171.00
B4 Community Park 3RD FRIDAY 30,707 12 $585.00
B5 Crafton Park 3RD FRIDAY 10,531 12 $171.00
B6
Downtown Parking
Structure
(above parking lot)
2ND THURSDAY 34,529 12 $585.00
B7 Ford Park 4TH THURSDAY 31,533 12 $585.00
B8 Hillside Memorial Park 2ND &4TH
WEDNESDAY 370,025 24 $1,000.00
B9 Joslyn Senior Center 4TH THURSDAY 20,538 12 $450.00
B10 Oakmont Park 2ND THURSDAY 8,080 12 $121.83
B11 Prospect Park 2ND THURSDAY 28,422 12 $450.00
B12 Redlands Airport
Parking 4TH THURSDAY 13,600 12 $171.00
B13 Airport interior 1st TUESDAY 1,315,862 12 $2,250.00 B14 Sports Park 1ST FRIDAY 219,500 12 $1,000.00
B15 Sylvan Park 3RD FRIDAY 24,243 12 $450.00
B16 The Door Fellowship
Church EVERY FRIDAY 23,109 48 $450.00
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C. EXTRA WORK AS NEEDED
ITEM NO. ITEM DESCRIPTION UNIT
EST.
ANNUAL
QTY
UNIT PRICE
C1 EXTRA WORK (ex: storm clean
up, construction clean up). Hour 40 $50.00
D. EXTRA WORK AS NEEDED
ITEM NO. ITEM DESCRIPTION UNIT
EST.
ANNUAL
QTY
UNIT PRICE
D1 Street Sweeper and Street
Sweeper Operator Rental Mile 120 $10.00
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EXHIBIT “D”
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
GREEN EARTH ENVIRONMENTAL
CLEANING SOLUTIONS
By: Date: _______ __________
Nasoh Abu-Rasool
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Redlands Regular Meeting 06-21-2022 1435 of 1716
City Council Meeting K. 10.
DATE: 06/21/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of an agreement with RP Landscape & Irrigation for landscape maintenance services for Community Facility Districts in an amount not-to-exceed $169,901 for a period of one year, with two additional one year renewal options for a total agreement amount not-to-exceed $509,703 (Assistant City Manager Boatman) MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:
I move to approve an agreement with RP Landscape & Irrigation to provide landscaping services for Community Facility Districts in an amount not-to-exceed $169,901 for a period of one year, with two additional one year renewal options for a total agreement amount not-to-exceed $509,703.
1. RECOMMENDATION:
Staff recommends that the City Council approve an agreement with RP Landscape & Irrigation to provide landscaping services for Community Facility Districts in an amount not-to-exceed $169,901 for a period of one year, with two additional one year renewal options for a total agreement amount not-to-exceed $509,703.
DISCUSSION:
Community Facilities Districts (CFDs) are defined as areas of the City in which property owners have elected to impose assessments in order to finance and maintain public improvements required in connection with the development of the property. The City's CFDs were formed in accordance with the Mello-Roos Community Facilities Act of 1982. The Facilities and Community Services Department oversees the day-to-day management of thirteen CFD annexations throughout the City.
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City staff developed a bid request based on the quantities estimated for annual maintenance. On March 23, 2022, the City Clerk received and opened five bids.
Staff evaluated the bids for conformance with the purchasing ordinance and verified the total price as shown in the table below. RP Landscape & Irrigation met all the bidding requirements and was deemed the apparent lowest responsible bidder.
Bidder Bid Open Amount
RP Landscape and Irrigation $169,901.00
Priority Landscape Services, LLC. $203,829.00
TLC Landscape Services, Inc. $221,260.00
DW Landscape Inc. $222,928.99
Urban Habitat Environmental Landscapes $271,566.00
Staff is recommending that the City Council approve an agreement with RP Landscape & Irrigation, in the amount of $169,901 for a period of one year, with two additional one year renewal options for a total agreement amount not-to-exceed $509,703.
ALTERNATIVES:
City Council may elect to not approve the agreement with RP Landscape & Irrigation and provide alternative direction to staff.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
Chris Boatman, Assistant City Manager
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Danielle Garcia, Management Services/Finance Director
Janice McConnell, Assistant City Manager
PREPARED BY:
Erik Reeves, Field Services Superintendent
Redlands Regular Meeting 06-21-2022 1437 of 1716
Fiscal Impact
Fiscal Year: FY 22/23
Amount: 169,901.00
Budgeted Y/N: Yes
Account No.: 261300-6710
Discussion:
Sufficient funding for this service is included in the Facilities & Community Services Department budget for Fiscal Year 2022-23 as approved by City Council. Costs associated with any future renewal terms of the agreement will be included in subsequent budget requests prepared by the Department.
These landscaping services are funded by assessments collected by the Community Facility Districts (231300).
Attachments
City Clerk Bid Opening Report
Agreement
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Redlands Regular Meeting 06-21-2022 1439 of 1716
AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of landscape maintenance services at Community Facilities Districts (“Agreement”) is made and entered in this 21st day of June, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and RP Landscape & Irrigation (“Contractor”). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE 1 – ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to perform landscape maintenance services at Community Facilities Districts for City (the “Services”). The Services that Contractor shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 – RESPONSIBILITIES OF CONTRACTOR
2.1 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City’s Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373.
2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771.6.
2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.
2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection.
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2.5 Contractor acknowledges that eight (8) hours constitutes a legal day’s work pursuant to Labor Code section 1810.
2.6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
2.7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, goods or materials pursuant to this Agreement.
ARTICLE 3 – RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.
3.2 City designates Chris Boatman, Assistant City Manager, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.
ARTICLE 4 – PERFORMANCE OF SERVICES
4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” titled “Scope of Services.” The Services shall commence as of the Effective Date of this agreement.
4.2 The term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the “Initial Term”). The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term.
The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.
4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit “B,” which is attached hereto and incorporated herein by this reference, in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement.
ARTICLE 5 – PAYMENTS TO CONTRACTOR
5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of one hundred sixty-nine thousand nine hundred one dollars ($169,901) for the Services provided during the Initial Term. Should this Agreement be renewed, the Redlands Regular Meeting 06-21-2022 1441 of 1716
compensation for Contractor’s performance for the Services shall not exceed the amount of ($169,901) for the first Extended Term; and one hundred sixty-nine thousand nine hundred one ($169,901) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of [five hundred nine thousand seven hundred three dollars ($509,703). For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not-to-exceed amount in accordance with the rates specified in Exhibit “C,” titled “Price and Fee Bid,” which is attached hereto and incorporated herein by reference.
5.2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY CONTRACTOR
City Clerk Roy Perez, Owner
City of Redlands RP Landscape & Irrigation
35 Cajon Street PO Box 1200
P.O. Box 3005 (mailing) San Bernardino, CA 92402
Redlands, CA 92373 [email protected]
[email protected] 909-889-9987
(909) 798-7531
ARTICLE 6 – INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor. Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.
A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to Redlands Regular Meeting 06-21-2022 1442 of 1716
City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “D,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services.
ARTICLE 7 – CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor’s Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; Redlands Regular Meeting 06-21-2022 1443 of 1716
(vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.
7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.
ARTICLE 8 – GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of in-house counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.
8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor’s compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been Redlands Regular Meeting 06-21-2022 1444 of 1716
accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.
8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.
CITY OF REDLANDS RP LANDSCAPE & IRRIGATION
By: ___________________________ By: _________________________ Paul T. Barich, Mayor Roy Perez, Owner
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting 06-21-2022 1445 of 1716
EXHIBIT "A"
SCOPE OF SERVICES
1. TURF GRASS MOWING
Mowing height for all turf grass areas shall be no less than 1.5” and shall not exceed 2.5” during the months of November to April. Through the months of May to October turf grass shall be mowed at a height of 3.5” to 4.5 “. The turf shall be cut at a uniform height leaving no scalping or uneven cuts. Trash and debris shall be cleaned up prior to each mowing.
2. TURF GRASS EDGING AND TRIMMING
All areas in need of edging such as turf grass, ground cover, small shrubs, etc. shall be mechanically edged as specified in the service schedule. Trimming shall be performed around all road signs, park posts, trees, shrubs, utility posts, fencing, and all other obstacles taking special care to not cause any damage. Grass shall be trimmed at a height corresponding with specifications determined by the mowing schedule.
3. SHRUB/VINE MAINTENANCE
All shrubbery and/or vines shall be pruned to maintain a proper size in relationship to adjacent plantings and intended functions. All vines growing on walls or fencing shall be kept at a minimum of 8” below the top edge.
4. PLANTER BEDS
Contractor shall be responsible for monitoring health and maintenance of plant within planter bed areas; Contractor shall be responsible for replacement of failed or expired plants up to a cost of $500 over a six month timeframe; Contractor will be responsible for notifying City staff of needed replacement of plant material exceeding the aforementioned dollar amount and providing a quote for the work.
5. BLOW/SWEEP CURB, GUTTER HARDSCAPE
All hardscape areas including curb and gutter shall be swept and/or blown clean. Landscape maintenance trimmings/waste shall not be blown into the street and left; all landscaping maintenance trimming/waste shall be swept up, disposed of and taken off site.
6. MULCH
Mulch shall be maintained and kept in the designated areas; Contractor shall be responsible for notifying City staff of needed replenishment and providing a quote for the work.
7. DECOMPOSED GRANITE (DG) PATHWAYS/AREAS
All DG pathways shall be maintained in a manner that keeps them free of weeds, standing water and trash; all DG pathways shall have DG and borders replenished or replaced as needed.
8. IRRIGATION MAINTENANCE AND REPAIR
Establish time settings and intervals of irrigation water application for each value of all irrigation zones pertaining to each location. Make changes when necessary to correspond to variable seasons and or climate changes. Check for coverage and plugged heads. Correct conditions of over or under watering as may be determined by scheduled visits. Repair and/or replacement for Redlands Regular Meeting 06-21-2022 1446 of 1716
any work done on damaged and/or missing irrigation parts exceeding a cost of $500.00 shall be submitted to the City of Redlands Facilities and Community Services Department for approval prior to work being done or parts being purchased. Any replacement parts pertaining to the irrigation system shall be the same make to match with existing components specific to the location; i.e. Hunter, Rain Bird, Superior, Sch 40 PVC fittings and pipe, etc.
9. WEED CONTROL (CHEMICAL TREATMENT, MANUAL REMOVAL)
The contractor shall monitor and provide continuous weed control and shall take timely measures to treat them with appropriate herbicide application. Applicator shall take appropriate measures and precautions while applying various pesticides and/or herbicides to meet with all county rules and regulations. Contractor shall have a QAC and be responsible for all record keeping and reporting.
10. PEST CONTROL
Contractor shall monitor and provide rodent and pest control primarily for gopher and ground squirrel abatement. Contractor shall use mechanical and approved chemical treatments to effectively treat all pest/rodent infestation problems.
11. TREE MAINTENANCE
Minimal pruning shall be done only to enhance natural growth. Tree pruning shall be done by a licensed contractor with the appropriate certifications for pruning. Trimming shall be done per the City of Redlands standards. Fallen limbs and other such tree care emergencies shall be done on an as needed basis. Any existing tree stakes/lodge poles shall be removed on the staked tree trunk reaches a diameter that is 1.5 times larger than the tree stakes.
12. TRASH AND DEBRIS REMOVAL
Trash, leaves, debris, and any other foreign objects shall be removed and disposed of appropriately, this includes any debris left as a result of homelessness as well as any small to nominal sizes homeless encampment; questionable instances will be discussed with City staff and resolved accordingly. Trash receptacles will have trash bags/liners utilized at all times.
Contractor will be responsible for replacing any missing plastic trash receptacle from the coverage area.
13. FERTILIZATION AND AERATION
Fertilization and Aeration will be conducted using 15-15-15 twice yearly unless otherwise directed by City Staff.
14. PLAYGROUND/EXERCISE EQUIPMENT
Maintenance and repairs (weekly inspection and maintenance repairs). Report of any missing or catastrophic damage shall be reported to City staff immediately upon discovery. Any damaged, faulty, hazardous playground or exercise equipment shall be taped of upon discovery with “Danger Tape”.
15. BBQ & PICNIC AREA MAINTENANCE
Clean out any used BBQ; inspect tables and furniture for damage or vandalism. Report of any missing or catastrophic damage shall be reported to City staff immediately upon discovery. Any damaged, faulty, hazardous picnic, BBQ equipment or Park benches shall be taped of upon discovery with “Danger Tape”.
Redlands Regular Meeting 06-21-2022 1447 of 1716
16. GRAFFITI ABATEMENT
Check all amenities and furniture for graffiti and blight weekly. Remove or cover as discovered.
Any furniture, equipment or structures that are ruined or permanently defaced shall be reported to City staff upon discovery.
17. RETENTION BASIN MAINTENANCE
Contractor shall monitor plant/shrub growth of retention basin areas; contractor is responsible for managing plant material and weed abatement with basin area(s).
18. LIGHTING
All park or pathway lighting found to be damaged, inoperable or missing shall be reported to City staff upon discovery.
Redlands Regular Meeting 06-21-2022 1448 of 1716
EXHIBIT "B"
LABOR AND MATERIAL BOND
Whereas, the City of Redlands, State of California, and (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to Description of Improvement Services to Public Buildings and/or grounds (the “Work”), which said agreement, dated , 2022, and titled as “Agreement to Perform Non-Professional Services for Improvement to Public Builds and Grounds” is hereby referred to and made a part hereof; and Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Written dollar amount Dollars ($ ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 20__.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:
_______________________________________
________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone( ) ___________________________
Redlands Regular Meeting 06-21-2022 1449 of 1716
EXHIBIT “C”
(“Fee Schedule/ Price and Fee Bid”)
ORIGINAL CFD 2004-01 CENTEX HOMES 5TH AVE. & WABASH ST
SERVICE ANNUAL FREQUENCY UNIT PRICE $ ANNUAL TOTAL $
1 TURF GRASS MOWING 1 TIME PER WEEK $ 254.00/PER WEEK
52 TIMES PER YEAR
$13,208
2 TURF GRASS EDGING & TRIMMING 1 TIME PER WEEK $10.00/PER WEEK52 TIMES PER YEAR $520.00 3 SHRUB/VINE MAINTENANCE 6 TIMES PER YEAR $ 45.00/PER VISIT;6 TIMES PER YEAR $270.00 4 BLOW/SWEEP CURB, GUTTER,
HARDSCAPE 1 TIME PER WEEK $10.00/PER WEEK
52 TIMES PER YEAR $520.00
5 IRRIGATION MAINTENANCE & REPAIR
(MONTHLY INSPECTION W/ REPAIRS
AS NEEDED)
1 TIME PER MONTH $50.00/PER MONTH
12 TIMES PER YEAR
$600.00
6 WEED CONTROL
(CHEMICAL TREATMENT, MANUAL
REMOVAL)
1 TIME PER WEEK $25.00/PER WEEK
52 TIMES PER YEAR $1300.00
7 PEST CONTROL 2 TIMES PER MONTH $35.00/PER VISIT;24 TIMES PER YEAR $840.00
8 TREE MAINTENANCE 1 TIME PER YEAR $100.00/PER YEAR $100.00 9 TRASH & DEBRIS REMOVAL 1 TIME PER WEEK $10.00/PER WEEK 52 TIMES PER YEAR $520.00
10 FERTILIZATION AND AERATION 2 TIMES PER YEAR $60.00/PER VISIT;2 TIMES PER YEAR $120.00
CITRUS GROVE AREA
11 WEED CONTROL 1 TIME PER WEEK $10.00/PER WEEK 52
TIMES PER YEAR $520.00
12 PEST CONTROL 2 TIMES PER MONTH $35.00/PER VISIT;24 TIMES PER YEAR $840.00
SUBTOTAL $19,358.00
Redlands Regular Meeting 06-21-2022 1450 of 1716
ANNEXATION NO. 4 FORD ST. AT PATRICIA DR. MEDIAN
SERVICE ANNUAL FREQUENCY UNIT PRICE $ ANNUAL TOTAL $
1 SHRUB/VINE MAINTENANCE 6 TIMES PER YEAR $50.00/PER VISIT;24 TIMES PER YEAR $1200.00
2 BLOW/SWEEP CURB, GUTTER,
HARDSCAPE 1 TIME PER WEEK
$10.00/PER WEEK
52 TIMES PER YEAR $520.00
3 IRRIGATION MAINTENANCE & REPAIR
(MONTHLY INSPECTION WITH
REPAIRS AS NEEDED)
1 TIME PER MONTH $35.00/PER MONTH
12 TIMES PER YEAR $420.00
4 WEED CONTROL
(CHEMICAL TREATMENT, MANUAL
REMOVAL)
1 TIME PER WEEK $10.00/PER WEEK
52 TIMES PER YEAR $520.00
5 PEST CONTROL 2 TIMES PER MONTH $20.00/PER VISIT;24 TIMES PER YEAR $480.00
6 TREE MAINTENANCE 1 TIME PER YEAR $100.00/PER YEAR $100.00 7 TRASH & DEBRIS REMOVAL 1 TIME PER WEEK $7.00/PER WEEK 52 TIMES PER YEAR
$364.00
SUBTOTAL $3604.00
Redlands Regular Meeting 06-21-2022 1451 of 1716
ANNEXATION NO. 5 CALIFORNIA ST. AT ORANGE TREE LN.
SERVICE ANNUAL FREQUENCY UNIT PRICE $ ANNUAL TOTAL $
1 TURF GRASS MOWING 1 TIME PER WEEK $20.00/PER WEEK
52 TIMES PER YEAR
$1040.00
2 TURF GRASS EDGING & TRIMMING 1 TIME PER WEEK $5.00/PER WEEK 52 TIMES PER YEAR
$260.00
3 BLOW/SWEEP CURB, GUTTER,
HARDSCAPE 1 TIME PER WEEK $5.00/PER WEEK
52 TIMES PER YEAR
$260.00
4 IRRIGATION MAINTENANCE & REPAIR
(MONTHLY INSPECTION WITH
REPAIRS AS NEEDED)
1 TIME PER MONTH $25.00/PER VISIT; 12 TIMES
PER YEAR
$300.00
5 WEED CONTROL
(CHEMICAL TREATMENT/MANUAL
REMOVAL)
1 TIME PER WEEK $5.00/PER WEEK
52 TIMES PER YEAR
$260.00
6 PEST CONTROL 2 TIMES PER MONTH $5.00/PER VISIT;24 TIMES
PER YEAR
$120.00
7 TREE MAINTENANCE (CRAPE MYRTLE
ONLY)
1 TIME PER YEAR $50.00/PER YEAR $50.00
8 TRASH & DEBRIS REMOVAL 1 TIME PER WEEK $10.00/PER WEEK 52 TIMES PER YEAR
$520.00
9 FERTILIZATION AND AERATION 2 TIMES PER YEAR $95.00/PER VISIT;2 TIMES PER YEAR $190.00
SUBTOTAL $3000.00
Redlands Regular Meeting 06-21-2022 1452 of 1716
ANNEXATION NO. 9 REDLANDS BLVD. AT NEVADA ST. MEDIAN
SERVICE ANNUAL FREQUENCY UNIT PRICE $ ANNUAL TOTAL $
1 SHRUB & VINE MAINTENANCE 6 TIMES PER YEAR $390.00/PER VISIT;6 TIMES
PER YEAR
$2340.00
2 BLOW/SWEEP CURB, GUTTER,
HARDSCAPE 1 TIME PER WEEK $10.00/PER WEEK
52 TIMES PER YEAR
$520.00
3 IRRIGATION MAINTENANCE & REPAIR
(MONTHLY INSPECTION WITH
REPAIRS AS NEEDED)
1 TIME PER MONTH $35.00/PER VISIT;12 TIMES
PER YEAR
$420.00
4 WEED CONTROL
(CHEMICAL TREATMENT, MANUAL
REMOVAL)
1 TIME PER WEEK $10.00/PER WEEK
52 TIMES PER YEAR
$520.00
5 PEST CONTROL 2 TIMES PER MONTH $20.00/PER VISIT;24 TIMES
PER YEAR
$480.00
6 TRASH & DEBRIS REMOVAL 1 TIME PER WEEK $10.00/PER WEEK 52 TIMES PER YEAR $520.00
SUBTOTAL $4800.00
Redlands Regular Meeting 06-21-2022 1453 of 1716
ANNEXATION NO. 12A LUCAS LN. & JUDSON ST. WEST
SERVICE ANNUAL FREQUENCY UNIT PRICE $ ANNUAL TOTAL $
1 TURF GRASS MOWING 1 TIME PER WEEK $175.00/PER WEEK
52 TIMES PER YEAR
$9100.00
2 TURF GRASS EDGING & TRIMMING 1 TIME PER WEEK $15.00/PER WEEK 52 TIMES PER YEAR $780.00
3 SHRUB/VINE MAINTENANCE 6 TIMES PER YEAR $1180.00/PER VISIT;6 TIMES PER YEAR $7080.00
4 BLOW/SWEEP CURB, GUTTER,
HARDSCAPE 1 TIME PER WEEK $15.00/PER WEEK
52 TIMES PER YEAR $780.00
5 IRRIGATION MAINTENANCE & REPAIR
(MONTHLY INSPECTION W/REPAIRS
AS NEEDED)
1 TIME PER MONTH $80.00/PER MONTH
12 TIMES PER YEAR
$960.00
6 WEED CONTROL (CHEMICAL
TREATMENT, MANUAL REMOVAL) 1 TIME PER WEEK $15.00/PER WEEK 52 TIMES PER YEAR $780.00
7 PEST CONTROL 2 TIMES PER MONTH $30.00/PER VISIT;24 TIMES PER YEAR $720.00
8 TREE MAINTENANCE 1 TIME PER YEAR $100.00/PER YEAR $100.00 9 TRASH & DEBRIS REMOVAL (WEEKLY
TRASH RECEPTACLE DUMPING &
LETTER ABATEMENT)
1 TIME PER WEEK $15.00 PER WEEK 52 TIMES
PER YEAR $780.00
10 PLAYGROUND/EXERCISE EQUIPMENT
MAINTENANCE & REPAIRS (WEEKLY
INSPECTION &
MAINTENANCE/REPAIRS)
1 TIME PER WEEK $10.00 PER WEEK 52 TIMES
PER YEAR $520.00
11 BBQ & PICNIC AREA MAINTENANCE
(CLEAN OUT ANY USED BBQ; INSPECT
TABLES & FURNITURE)
1 TIME PER WEEK $10.00 PER WEEK 52 TIMES
PER YEAR $520.00
12 RETENTION BASIN MAINTENANCE 2 TIMES PER YEAR $300.00 PER VISIT;2 TIMES PER YEAR $600.00
13 FERTILIZATION AND AERATION 2 TIMES PER YEAR $160.00/PER VISIT;2 TIMES PER YEAR $320.00
14 DG PATHWAY AND EXERCISE PADS 1 TIME PER WEEK $20.00 PER WEEK 52 TIMES PER YEAR $1040.00
SUBTOTAL $24,080.00
Redlands Regular Meeting 06-21-2022 1454 of 1716
ANNEXATION NO. 12B LUCAS LN. & JUDSON ST. EAST
SERVICE ANNUAL FREQUENCY UNIT PRICE $ ANNUAL TOTAL $
1 TURF GRASS MOWING 1 TIME PER WEEK $40.00/PER WEEK
52 TIMES PER YEAR
$2080.00
2 TURF GRASS EDGING & TRIMMING 1 TIME PER WEEK $10.00/PER WEEK 52 TIMES PER YEAR $520.00
3 SHRUB/VINE MAINTENANCE 6 TIMES PER YEAR $40.00/PER VISIT;6 TIMES PER YEAR $240.00
4 BLOW/SWEEP CURB, GUTTER,
HARDSCAPE 1 TIME PER WEEK $10.00/PER WEEK
52 TIMES PER YEAR $520.00
5 IRRIGATION MAINTENANCE & REPAIR
(MONTHLY INSPECTION W/REPAIRS
AS NEEDED)
1 TIME PER MONTH $80.00/PER MONTH
12 TIMES PER YEAR
$960.00
6 WEED CONTROL (CHEMICAL
TREATMENT, MANUAL REMOVAL) 1 TIME PER WEEK $10.00/PER WEEK 52 TIMES PER YEAR $520.00
7 PEST CONTROL 2 TIMES PER MONTH $30.00/PER VISIT;24 TIMES PER YEAR $720.00
8 TREE MAINTENANCE 1 TIME PER YEAR $100.00/PER YEAR $100.00 9 TRASH & DEBRIS REMOVAL (WEEKLY
TRASH RECEPTACLE DUMPING &
LETTER ABATEMENT)
1 TIME PER WEEK $15.00/PER WEEK 52
TIMES PER YEAR $720.00
10 PLAYGROUND/EXERCISE EQUIPMENT
MAINTENANCE & REPAIRS (WEEKLY
INSPECTION &
MAINTENANCE/REPAIRS)
1 TIME PER WEEK $10.00PER WEEK 52 TIMES
PER YEAR $520.00
11 BBQ & PICNIC AREA MAINTENANCE
(CLEAN OUT ANY USED BBQ; INSPECT
TABLES & FURNITURE)
1 TIME PER WEEK $10.00 PER WEEK 52 TIMES
PER YEAR $520.00
12 RETENTION BASIN MAINTENANCE 2 TIMES PER YEAR $300.00 PER VISIT; 2 TIMES PER YEAR $600.00
13 FERTILIZATION AND AERATION 2 TIMES PER YEAR $160.00/PER VISIT;2 TIMES PER YEAR $320.00
14 DG PATHWAY AND EXERCISE PADS 1 TIME PER WEEK $20.00 PER WEEK 52 TIMES PER YEAR $1040.00
SUBTOTAL $9440.00
Redlands Regular Meeting 06-21-2022 1455 of 1716
ANNEXATION NO. 12C AMIE CT. (NORTH/SOUTH GREEN BELT)
SERVICE ANNUAL FREQUENCY UNIT PRICE $ ANNUAL TOTAL $
1 TURF GRASS MOWING 1 TIME PER WEEK $54.00/PER WEEK
52 TIMES PER YEAR
$2808.00
2 TURF GRASS EDGING & TRIMMING 1 TIME PER WEEK $5.00/PER WEEK 52 TIMES PER YEAR $260.00
3 SHRUB/VINE MAINTENANCE 6 TIMES PER YEAR $10.00/PER VISIT;6 TIMES PER YEAR $60.00
4 BLOW/SWEEP CURB, GUTTER,
HARDSCAPE 1 TIME PER WEEK $5.00/PER WEEK
52 TIMES PER YEAR $260.00
5 IRRIGATION MAINTENANCE & REPAIR
(MONTHLY INSPECTION W/REPAIRS
AS NEEDED)
1 TIME PER MONTH $25.00/PER MONTH
12 TIMES PER YEAR
$300.00
6 WEED CONTROL (CHEMICAL
TREATMENT, MANUAL REMOVAL) 1 TIME PER WEEK $5.00/PER WEEK 52 TIMES PER YEAR $260.00
7 PEST CONTROL 2 TIMES PER MONTH $5.00/PER VISIT;24 TIMES PER YEAR $120.00
8 TREE MAINTENANCE 1 TIME PER YEAR $50.00/PER YEAR $50.00 9 FERTILIZATION AND AERATION 2 TIMES PER YEAR $95.00/PER VISIT;2 TIMES PER YEAR $190.00
10 TRASH & DEBRIS REMOVAL 1 TIME PER WEEK $ 10.00 PER WEEK 52 TIMES PER YEAR $520.00
SUBTOTAL $4828.00
Redlands Regular Meeting 06-21-2022 1456 of 1716
ANNEXATION NO. 12D LUCAS LN./SAN BERNARDINO AVE. & ADELINE AVE SERVICE ANNUAL FREQUENCY UNIT PRICE $ ANNUAL TOTAL $
1 SHRUB/VINE MAINTENANCE 6 TIMES PER YEAR $2583.00/PER VISIT;6 TIMES PER YEAR $15,498.00
2 BLOW/SWEEP CURB, GUTTER,
HARDSCAPE 1 TIME PER WEEK $15.00/PER WEEK
52 TIMES PER YEAR $780.00
3 IRRIGATION MAINTENANCE & REPAIR
(MONTHLY INSPECTION W/REPAIRS
AS NEEDED)
1 TIME PER MONTH $80.00/PER MONTH
12 TIMES PER YEAR
$960.00
4 WEED CONTROL (CHEMICAL
TREATMENT, MANUAL REMOVAL) 1 TIME PER WEEK $30.00/PER WEEK 52 TIMES PER YEAR $1560.00
5 PEST CONTROL 2 TIMES PER MONTH $30.00/PER VISIT;24 TIMES PER YEAR $720.00
6 TREE MAINTENANCE 1 TIME PER YEAR $100.00/PER YEAR $100.00 7 TRASH & DEBRIS REMOVAL 1 TIME PER WEEK $15.00/PER WEEK 52 TIMES PER YEAR $780.00
8 RETENTION BASIN MAINTENANCE 2 TIMES PER YEAR $300.00/PER VISIT; 2 TIMES PER YEAR $600.00
SUBTOTAL $20,998.00
CITRUS GROVE AREA
SERVICE ANNUAL FREQUENCY
UNIT PRICE $ ANNUAL TOTAL $
9 WEED CONTROL
(CHEMICAL TREATMENT, MANUAL
REMOVAL)
1 TIME PER WEEK $30.00/PER WEEK
52 TIMES PER YEAR $1560.00
10 PEST CONTROL 2 TIMES PER MONTH
$30.00/PER VISIT;24
TIMES PER YEAR $720.00
SUBTOTAL $23,278.00
Redlands Regular Meeting 06-21-2022 1457 of 1716
ANNEXATION NO. 14 CALIFORNIA ST. MEDIAN AT ALMOND AVE.
SERVICE ANNUAL FREQUENCY UNIT PRICE $ ANNUAL TOTAL $
1 TURF GRASS MOWING 1 TIME PER WEEK $24.00/PER WEEK
52 TIMES PER YEAR
$1248.00
2 TURF GRASS EDGING & TRIMMING 1 TIME PER WEEK $5.00/PER WEEK 52 TIMES PER YEAR
$260.00
3 BLOW/SWEEP CURB, GUTTER,
HARDSCAPE 1 TIME PER WEEK $5.00/PER WEEK
52 TIMES PER YEAR
$260.00
4 IRRIGATION MAINTENANCE & REPAIR
(MONTHLY INSPECTION W/REPAIRS
AS NEEDED)
1 TIME PER MONTH $20.00/PER MONTH
12 TIMES PER YEAR
$240.00
5 WEED CONTROL (CHEMICAL
TREATMENT, MANUAL REMOVAL) 1 TIME PER WEEK $5.00/PER WEEK 52 TIMES PER YEAR
$260.00
6 PEST CONTROL 2 TIMES PER MONTH $5.00/PER VISIT;24 TIMES
PER YEAR
$120.00
7 TREE MAINTENANCE 1 TIME PER YEAR $25.00 /PER YEAR $25.00 8 FERTILIZATION AND AERATION 2 TIMES PER YEAR $50.00/PER VISIT;2 TIMES PER YEAR $100.00
9 TRASH & DEBRIS REMOVAL 1 TIME PER WEEK $10.00/PER WEEK 52 TIMES PER YEAR $520.00
SUBTOTAL $3033.00
Redlands Regular Meeting 06-21-2022 1458 of 1716
ANNEXATION NO. 16 DOMESTIC AVENUE, TEXAS STREET, AND CLEMENTINE STREET
SERVICE ANNUAL FREQUENCY UNIT PRICE $ ANNUAL TOTAL $
1 TURF GRASS MOWING 1 TIME PER WEEK $236.00/PER WEEK
52 TIMES PER YEAR
$12,272.00
2 TURF GRASS EDGING & TRIMMING 1 TIME PER WEEK $10.00/PER WEEK52 TIMES PER YEAR $520.00 3 SHRUB/VINE MAINTENANCE 6 TIMES PER YEAR $2940.00/PER VISIT;6TIMES PER YEAR $17,640.00 4 BLOW/SWEEP CURB, GUTTER,
HARDSCAPE 1 TIME PER WEEK $10.00/PER WEEK
52 TIMES PER YEAR $520.00
5 IRRIGATION MAINTENANCE & REPAIR
(MONTHLY INSPECTION W/ REPAIRS
AS NEEDED)
1 TIME PER MONTH $100.00/PER MONTH
12 TIMES PER YEAR
$1200.00
6 WEED CONTROL
(CHEMICAL TREATMENT, MANUAL
REMOVAL)
1 TIME PER WEEK $25.00/PER WEEK
52 TIMES PER YEAR $1300.00
7 PEST CONTROL 2 TIMES PER MONTH $35.00/PER VISIT;24
TIMES PER YEAR $840.00
8 TREE MAINTENANCE 1 TIME PER YEAR $100.00/PER YEAR $100.00 9 TRASH & DEBRIS REMOVAL (WEEKLY
TRASH RECEPTACLE DUMPING &
LETTER ABATEMENT)
1 TIME PER WEEK $15.00/ PER WEEK 52
TIMES PER YEAR $780.00
10 PLAYGROUND/EXERCISE EQUIPMENT
MAINTENANCE & REPAIRS (WEEKLY
INSPECTION &
MAINTENANCE/REPAIRS)
1 TIME PER WEEK $15.00/ PER WEEK 52
TIMES PER YEAR $780.00
11 FERTILIZATION AND AERATION 2 TIMES PER YEAR $240.00/PER VISIT;2 TIMES PER YEAR $480.00
12 BBQ & PICNIC AREA MAINTENANCE
(CLEAN OUT ANY USED BBQ; INSPECT
TABLES & FURNITURE)
1 TIME PER WEEK $15.00 PER WEEK 52
TIMES PER YEAR $780.00
CITRUS GROVE AREA
SERVICE ANNUAL FREQUENCY UNIT PRICE $ ANNUAL TOTAL $
13 WEED CONTROL
(CHEMICAL TREATMENT, MANUAL
REMOVAL)
1 TIME PER WEEK $10.00/PER WEEK
52 TIMES PER YEAR $520.00
14 PEST CONTROL 2 TIMES PER MONTH
$35.00/PER VISIT;24
TIMES PER YEAR $840.00
SUBTOTAL $38,572.00
Redlands Regular Meeting 06-21-2022 1459 of 1716
ANNEXATION NO. 19 WABASH ST. & SYLVAN BLVD.
SERVICE ANNUAL FREQUENCY UNIT PRICE $ ANNUAL TOTAL $
1 SHRUB/VINE MAINTENANCE 6 TIMES PER YEAR $1796.00/PER VISIT;6 TIMES PER YEAR $10,776.00
2 BLOW/SWEEP CURB, GUTTER,
HARDSCAPE 1 TIME PER WEEK $10.00/PER WEEK
52 TIMES PER YEAR $520.00
3 IRRIGATION MAINTENANCE & REPAIR
(MONTHLY INSPECTION W/REPAIRS
AS NEEDED)
1 TIME PER MONTH $50.00/PER MONTH
12 TIMES PER YEAR
$600.00
4 WEED CONTROL (CHEMICAL
TREATMENT, MANUAL REMOVAL) 1 TIME PER WEEK $25.00/PER WEEK 52 TIMES PER YEAR $1300.00
5 PEST CONTROL 2 TIMES PER MONTH $35.00/PER VISIT;24
TIMES PER YEAR $840.00
6 TREE MAINTENANCE 1 TIME PER YEAR $100.00/PER YEAR $100.00 7 TRASH & DEBRIS REMOVAL 1 TIME PER WEEK $10.00 PER WEEK 52 TIMES PER YEAR $520.00
8 RETENTION BASIN MAINTENANCE 2 TIMES PER YEAR $200.00 PER VISIT; 2 TIMES PER YEAR $400.00
9 DG PATHWAYS 1 TIME PER WEEK $15.00 PER WEEK 52
TIMES PER YEAR $780.00
SUBTOTAL $15,836.00
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ANNEXATION NO. 20 WABASH AVE. & CITRUS AVE.
SERVICE ANNUAL FREQUENCY UNIT PRICE $ ANNUAL TOTAL $
1 SHRUB/VINE MAINTENANCE 6 TIMES PER YEAR $586.00/PER VISIT;6 TIMES PER YEAR $3516.00
2 BLOW/SWEEP CURB, GUTTER,
HARDSCAPE 1 TIME PER WEEK $10.00/PER WEEK
52 TIMES PER YEAR $520.00
3 IRRIGATION MAINTENANCE & REPAIR
(MONTHLY INSPECTION W/REPAIRS
AS NEEDED)
1 TIME PER MONTH $50.00/PER MONTH
12 TIMES PER YEAR
$600.00
4 WEED CONTROL (CHEMICAL
TREATMENT, MANUAL REMOVAL) 1 TIME PER WEEK $25.00/PER WEEK 52 TIMES PER YEAR $1300.00
5 PEST CONTROL 2 TIMES PER MONTH $35.00/PER VISIT;24
TIMES PER YEAR $840.00
6 TREE MAINTENANCE (SMALL TREE) 1 TIME PER YEAR $100.00/PER YEAR $100.00 7 TRASH & DEBRIS REMOVAL (WEEKLY
TRASH RECEPTACLE DUMPING &
LITTER ABATEMENT)
1 TIME PER WEEK $10.00 PER WEEK 52
TIMES PER YEAR $520.00
8 RETENTION BASIN MAINTENANCE (44
SMALL BASINS ALONG WABASH) 2 TIMES PER YEAR $200.00/PER VISIT;2TIMES PER YEAR $400.00 SUBTOTAL $7796.00
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ANNEXATION NO. 21 PENNSYLVANIA AVE & LUGONIA AVE
SERVICE ANNUAL FREQUENCY UNIT PRICE $ ANNUAL TOTAL $
1 TURF GRASS MOWING 1 TIME PER WEEK $98.00/PER WEEK
52 TIMES PER YEAR
$5096.00
2 TURF GRASS EDGING & TRIMMING 1 TIME PER WEEK $10.00/PER WEEK 52 TIMES PER YEAR $520.00
3 SHRUB/VINE MAINTENANCE 6 TIMES PER YEAR $45.00/PER VISIT;6 TIMES PER YEAR $270.00
4 BLOW/SWEEP CURB, GUTTER,
HARDSCAPE 1 TIME PER WEEK $10.00/PER WEEK
52 TIMES PER YEAR $520.00
5 IRRIGATION MAINTENANCE & REPAIR
(MONTHLY INSPECTION W/REPAIRS
AS NEEDED)
1 TIME PER MONTH $50.00/PER MONTH
12 TIMES PER YEAR
$600.00
6 WEED CONTROL (CHEMICAL
TREATMENT, MANUAL REMOVAL) 1 TIME PER WEEK $25.00/PER WEEK 52 TIMES PER YEAR $1300.00
7 PEST CONTROL 2 TIMES PER MONTH $35.00/PER VISIT;24
TIMES PER YEAR $840.00
8 TREE MAINTENANCE 1 TIME PER YEAR $100.00/PER YEAR $100.00 9 TRASH & DEBRIS REMOVAL (WEEKLY
TRASH RECEPTACLE DUMPING &
LETTER ABATEMENT)
1 TIME PER WEEK $10.00 PER WEEK 52
TIMES PER YEAR $520.00
10 PLAYGROUND/EXERCISE EQUIPMENT
MAINTENANCE & REPAIRS (WEEKLY
INSPECTION &
MAINTENANCE/REPAIRS)
1 TIME PER WEEK $10.00PER WEEK 52
TIMES PER YEAR $520.00
11 BBQ& PICNIC AREA MAINTENANCE
(CLEAN OUT ANY USED BBQ; INSPECT
TABLES & FURNITURE)
2 TIMES PER YEAR $25.00/PER VISIT;2 TIMES
PER YEAR $50.00
12 FERTILIZATION AND AERATION 1 TIME PER WEEK $60.00PER WEEK 52 TIMES PER YEAR $120.00
13 RETENTION BASIN MAINTENANCE 1 TIME PER WEEK $25.00/PER WEEK 52 TIMES PER YEAR
$1300.00
14 DG PATHWAY AND EXERCISE PADS 1 TIME PER WEEK $10.00/PER WEEK 52 TIMES PER YEAR $520.00
SUBTOTAL $12,276.00
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GRAND TOTAL $169,901.00
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EXHIBIT “D”
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
RP LANDSCAPE & IRRIGATION
By: Date: _______ __________
Roy Perez, Owner
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City Council Meeting K. 11.
DATE: 06/21/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Resolution No. 8331 approving annual purchase orders for the Facilities and Community Services Department for Fiscal Year 2022-23; and determination that the agreements are exempt from environmental review pursuant to Section 15301 of the State’s guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:
I move to determine that approval of Resolution No. 8331 approving the agreements and purchase orders for the Facilities and Community Services Department for Fiscal Year 2022-23 is exempt from environmental review pursuant to Section 15301 of the State’s guidelines implementing the California Environmental Quality Act; and
1. 2. I move to approve Resolution No. 8331.
RECOMMENDATION:
Staff recommends City Council approve Resolution No. 8331 approving sole/single source annual purchase order requests with various vendors; an intergovernmental/ piggyback cooperative purchase order with Superior Automotive Warehouse c/o Napa Auto Parts; the award of contract to Fairview Ford Sales, Inc., for the supply of wholesale Ford OEM parts; waiver of a minor irregularity in the bid and award of contract to Haz Mat Trans, Inc., for pickup and disposal of Hazardous Waste Materials; the award of contract to Ken Grody Ford Redlands, for the provision of Ford OEM parts and repair; the award of contract to Leafwise Landscape, LLC, for the provision of landscape maintenance services;the award of contract to Merrimac Petroleum, Inc., dba Merrimac Energy Group for the provision of fleet bulk fuel unleaded and diesel; the award of contract to P.F. Services Inc., for the provision of fuel site Redlands Regular Meeting 06-21-2022 1466 of 1716
Designated Operator, maintenance, and repair services; the award of contract to P & S Truck Center for the supply of repair parts for heavy-duty trucks; the award of contract to SC Commercial, LLC dba SC Fuels for the provision of fleet oil and lubricants;and the award of contract to Southwest Lift & Equipment, Inc., for lift equipment maintenance and repair.
Staff further recommends that the City Council determine that the approval of the purchase orders and agreements are exempt from environmental review pursuant to Section 15301 of the State’s guidelines implementing the California Environmental Quality Act.
DISCUSSION:
The City's Facilities and Community Services Department regularly procures supplies and services to support field operations throughout the City. To accommodate these purchases, and in accordance with the City's purchasing policy, staff is seeking approval for the following:
1. Various sole/single source purchases for which no bids were obtained. In accordance with the City's purchasing policy, these purchases require City Council approval if in excess of $30,000. Requests for sole/single source purchase orders are reflected in Exhibit "A" of the Resolution for a variety of original equipment manufacturer (OEM) replacement vehicle parts, services needed to dispose of bulky solid waste items, services needed to operate and maintain the City's fleet, including the LCNG fuel station and services needed to maintain the facility located at 300 E. State Street.
2. An intergovernmental/piggyback (cooperative) purchase order. In accordance with the City's purchasing policy, these purchases require Council approval if in excess of $50,000. The request for a cooperative purchase order is reflected in Exhibit "B" of the Resolution for the supply of as-needed automotive repair parts.
3. An agreement for wholesale Ford OEM parts. In preparation of obtaining an annual purchase order for Fiscal Year 2022-23, staff advertised requests for bids. On March 15, 2022, the City Clerk received and opened two bids. Staff evaluated the bids for verification of the total price as shown in the table below.
Fairview Ford Sales Inc., met all the bidding requirements and was deemed the apparent low bidder. The total annual agreement amount is not-to-exceed $23,971.40 for a period of one year, with two additional one-year renewal options bringing the total to an amount not-to-exceed $71,914.20.
Vendor Name Bid Amount
Classification B
Fairview Ford Sales Inc. $23,971.40
Ken Grody Ford $24,667.30
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4. An agreement for pickup and disposal of hazardous waste materials. In preparation of obtaining an annual purchase order for Fiscal Year 2022-23, staff advertised requests for bids. On March 15, 2022, the City Clerk received and opened three bids. Staff evaluated the bids for verification of the total price as shown in the table below. During staff's review of the submitted bids, it was determined that Haz Mat Trans had made a minor mathematical error in the total bid price. Haz Mat Trans met all the bidding requirements and was deemed the apparent low bidder. Staff is recommending the City Council waive the minor irregularity in the bid. The total annual agreement amount is not-to-exceed $53,957.00 for a period of one year, with two additional one-year renewal options bringing the total to an amount not-to-exceed $161,871.00.
Vendor Name Bid Amount Actual Amount
Haz Mat Trans, Inc. $48,797.00 $53,957.00
ACT Enviro $83,976.98 $83,976.98
Heritage Crystal Clean $98,516.00 $98,516.00
5. An agreement for Ford OEM parts and repair. In preparation of obtaining an annual purchase order for Fiscal Year 2022-23, staff advertised requests for bids. On March 15, 2022, the City Clerk received and opened two bids. Staff evaluated the bids for verification of the total price as shown in the table below.
Ken Grody Ford met all the bidding requirements and was deemed the apparent low bidder. The total annual agreement amount is not-to-exceed $98,535.00 for a period of one year, with two additional one-year renewal options bringing the total to an amount not-to-exceed $292,605.00.
Vendor Name Bid Amount - Classification A:
Option 1A
Fairview Ford Sales Inc. $123,150.00
Ken Grody Ford $98,535.00
6. An agreement for Hillside Cemetery landscape maintenance. In preparation of obtaining an annual purchase order for Fiscal Year 2022-23, staff advertised requests for bids. On March 22, 2022, the City Clerk received and opened one bid. Staff evaluated the bid for verification of the total price as shown in the table below. Leafwise Landscape met all the bidding requirements and was deemed the apparent low bidder. The total annual agreement amount is not-to-exceed $76,275.20 for a period of one year, with two additional one-year renewal options brining the total to an amount not-to-exceed $228,825.60.
Vendor Name Bid Amount
Leafwise Landscape $76,275.20
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7. An agreement for the provision of fuel site Designated Operator, maintenance, and repair services. In preparation of obtaining an annual purchase order for Fiscal Year 2022-23, staff advertised requests for bids. On March 15, 2022, the City Clerk received and opened two bids. Staff evaluated the bids for verification of the total price as shown in the table below. P.F.
Services Inc., met all the bidding requirements and was deemed the apparent low bidder. The total annual agreement amount is not-to-exceed $70,084.00 for a period of one year, with two additional one-year renewal options bringing the total to an amount not-to-exceed $210,252.00.
Vendor Name Bid Amount
P.F. Services Inc. $70,084.00
Fleming Environmental Inc. $80,895.00
8. An agreement for heavy-duty truck repair parts. In preparation of obtaining an annual purchase order for Fiscal Year 2022-23, staff advertised requests for bids. On March 15, 2022, the City Clerk received and opened four bids. Staff evaluated the bid for verification of the total price as shown in the table below. P & S Truck Center met all the bidding requirements and was deemed the apparent low bidder. The total annual agreement amount is not-to-exceed $29,854.40 for a period of one year, with two additional one-year renewal options bringing the total to an amount not-to-exceed $89,563.20.
Vendor Name Bid Amount
P&S Truck Center $29,854.40
Velocity Truck Centers $35,544.60
Fire Apparatus Solutions $38,746.56
Cutting Edge Parts $67,248.45
9. An agreement for fleet oil and lubricants. In preparation of obtaining an annual purchase order for Fiscal Year 2022-23, staff advertised requests for bids. On March 15, 2022, the City Clerk received and opened three bids. Staff evaluated the bid for verification of the total price as shown in the table below. SC Commercial, LLC dba SC Fuels met all the bidding requirements and was deemed the apparent low bidder. The total annual agreement amount is not-to-exceed $79,151.55 for a period of one year, with two additional one-year renewal options brining the total to an amount not-to-exceed $237,454.65.
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Vendor Name Bid Amount
SC Fuels $79,151.55
Orange Line Oil Company $83,397.95
Van De Pol Enterprises $114,714.20
10. An agreement for lift equipment maintenance and repair. In preparation of obtaining an annual purchase order for Fiscal Year 2022-23, staff advertised requests for bids. On March 15, 2022, the City Clerk received and opened two bids. Staff evaluated the bids for verification of the total price as shown in the table below. Southwest Lift & Equipment, Inc., met all the bidding requirements and was deemed the apparent low bidder. The total annual agreement amount is not-to-exceed $134,000.00 for a period of one year, with two additional one-year renewal options bringing the total to an amount not-to-exceed $402,000.00.
Vendor Name Bid Amount
Southwest Lift & Equipment $134,000.00
Autolift Services $178,870.00
The proposed projects are exempt from further environmental review pursuant to Section 15301 of the California Environmental Quality Act guidelines. This Section includes the operation, repair, and maintenance of existing facilities where there is no expansion of use. The proposed agreements are consistent with this exemption as they involve the purchase of goods and services that will be used to maintain existing facilities and will not expand the use of those facilities.
ALTERNATIVES:
City Council may choose to reject the requests for annual purchase orders and associated agreements.
STRATEGIC PLAN:
Not Applicable.
SUBMITTED BY:
Chris Boatman, Assistant City Manager
RECOMMENDED BY:
Charles M. Duggan, Jr., City Manager
REVIEWED BY:
Redlands Regular Meeting 06-21-2022 1470 of 1716
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
Janice McConnell, Assistant City Manager
PREPARED BY:
Monica Duran, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2022-23
Discussion:
Funding for these annual purchase orders is included in the Cemetery, Equipment Maintenance, Solid Waste and State Street City Hall Operating Budget requests for FY 2022-23.
Attachments
A. Resolution No. 8831
B. Sole-Single Source Request Form
C. Cooperative Purchase Order Documents
D. Agreement with Allied Universal
E. Agreement with Executive Facilities Services
F. Agreement with Fairview Ford
G. Agreement with Haz Mat Trans
H. Agreement with Ken Grody Ford
I. Agreement with Leafwise Landscape
J. Agreement with Liftech Elevator Services
K. Agreement with Merrimac Energy Group
L. Agreement with P.F. Services
M. Agreement with P&S Truck Center
N. Agreement with SC Fuels
O. Agreement with Southwest Lift & Equipment
P. Bid Reports for Annual Purchase Orders
Redlands Regular Meeting 06-21-2022 1471 of 1716
RESOLUTION NO. 8331
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING ANNUAL PURCHASE ORDERS FOR THE CITY’S
FACILITIES AND COMMUNITY SERVICES DEPARTMENT FOR FISCAL YEAR 2022-23
WHEREAS, the Facilities and Community Services Department regularly purchases a variety of supplies and services from to support City operations pursuant to bids for products and services in accordance with the Redlands Municipal Code; and WHEREAS, for fiscal year 2022-23, to support City operations and in accordance with the City’s purchasing policy, the following single/sole source purchase order requests, cooperative purchase orders, and agreements have been prepared for the City Council’s consideration and are attached hereto as Exhibits “A,” “B,” and “C,” respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
Section1. The City Council hereby approves the single/sole source purchase order requests for Fiscal Year 2022-23 with Amrep, Clean Energy Cryogenics, a subsidiary of Clean Energy, Ontario Refrigeration, Quaid Harley-Davidson, Ray Gaskin Service Inc., Rush Truck Centers c/o Interstate Billing Services, San Bernardino County Landfill.
Section 2. The City Council hereby approves an agreement and single source purchase order with Executive Facilities Services Inc. for Janitorial Services at the facility located at 300 E.
State Street in an amount not to exceed $153,484 for a period of one year.
Section 3. The City Council hereby approves an agreement and single source purchase order with Liftech Elevator Services for elevator maintenance services at the facility located at 300 E. State Street in an amount not to exceed $32,848.30 for a period of one year.
Section 4. The City Council hereby approves an agreement and single source purchase order with Universal Protection dba Allied Universal for Professional Security Services at the facility located at 300 E. State Street in an amount not to exceed $107,549 for a period of one year.
Section 5. The City Council hereby approves the intergovernmental/piggyback (cooperative) purchase order with Superior Automotive Warehouse c/o NAPA Auto Parts for the supply of as-needed auto parts in an amount not to exceed $121,000.
Section 6. The City Council hereby approves an agreement with Fairview Ford Sales Inc., for wholesale Ford OEM parts in an amount not to exceed $23,971.40 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $71,914.20.
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Section 7. The City Council hereby approves an agreement with Haz Mat Trans Inc., for pick up and disposal of hazardous waste materials in an amount not to exceed $53,957.00 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $161,871.00.
Section 8. The City Council hereby approves an agreement with Ken Grody Ford Redlands for Ford OEM parts and repair in an amount not to exceed $98,535.00 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $292,605.00.
Section 9. The City Council hereby approves an agreement with Leafwise Landscape for Hillside Cemetery landscape maintenance in an amount not to exceed $76,275.20 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $228,825.60.
Section 10. The City Council hereby approves an agreement with Merrimac Petroleum, Inc., dba Merrimac Energy Group for fleet bulk fuel unleaded and diesel in an amount not to exceed $1,200,000.00 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $3,600,000.00.
Section 11. The City Council hereby approves an agreement with P.F. Services Inc., for fuel site Designated Operator, maintenance, and repair services in an amount not to exceed $70,084.00 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $210,252.00.
Section 12. The City Council hereby approves an agreement with P & S Truck Center for heavy duty truck repair parts in an amount not to exceed $29,854.40 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $89,563.20.
Section 13. The City Council hereby approves an agreement with SC Commercial, LLC dba SC Fuels for fleet oil and lubricants in an amount not to exceed $79,151.55 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $237,454.65.
Section 14. The City Council hereby approves an agreement with Southwest Lift & Equipment, Inc., for lift equipment maintenance and repair in an amount not to exceed $134,000.00 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $402,000.00.
Section 15. The City Council hereby determines that the approval of the ten (10) single/sole source purchase orders, one (1) cooperative purchase order, and twelve (12) agreements described in thisresolution are exempt from environmental review pursuant to Section 15061(b)(3) of the State’s Guidelines implementing the California Environmental Quality Act.
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ADOPTED, SIGNED AND APPROVED this 21st day of June, 2022. ________________________
Paul T. Barich, Mayor
ATTEST:
____________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting 06-21-2022 1474 of 1716
I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 21st day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting 06-21-2022 1475 of 1716
Exhibit “A”
Single/Sole Source Purchase Orders
Staff is requesting approval for the annual purchase orders for the following single/sole source vendors for the not-to exceed amounts as described below.
Original Equipment Manufacturer (OEM) New Way Parts
Vendor Purchase Order Request
Amrep $100,000
Staff is requesting a single source annual purchase order with Amrep. The only manufacturing source and provider of original Amrep bodies and parts are specific to Solid Waste trucks within the City’s fleet; Original Equipment Manufacturer (OEM) parts have unique design features that cannot be replaced by non-OEM parts. Use of alternate parts would void manufacturer warranty.
Amrep Inc., is an approved manufacturer; their location is in Ontario, CA, 28 miles from the corporate yard.
Fuel Island Maintenance Service and Parts
Vendor Purchase Order Request
Clean Energy Cryogenics, a subsidiary of Clean
Energy
$90,000
Staff is requesting a single source annual purchase order with Clean Energy Cryogenics, a subsidiary of Clean Energy to fulfill all scheduled maintenance to include general up-keep and emergency maintenance as needed. Clean Energy Cryogenics will also replace any inoperable pumps, including parts and supplies. Clean Energy Cryogenics is the primary source for technicians, equipment, and supplies to provide services to the City’s LNG station. While there are other companies that provide maintenance and repair services, these other companies cannot offer technicians who are experienced with the specific equipment that was installed by Northstar Inc., in 2013. Using another source would cause significant delays in repairs and substantially higher rates for technicians and higher cost for parts, resulting in extended downtime of the fuel system, and a potential reduction in LCNG sales.
Original Equipment Manufacturer (OEM) Quaid Harley-Davidson Vendor Purchase Order Request
Quaid Harley-Davidson $30,000
Staff is requesting a single source annual purchase order with Quaid Harley-Davidson. The only manufacturing source and provider of original Harley-Davidson bodies and parts are specific to Redlands Regular Meeting 06-21-2022 1476 of 1716
Police Department motorcycles within the City’s fleet; Original Equipment Manufacturer (OEM) parts have unique design features that cannot be replaced by non-OEM parts. Use of alternate parts would void manufacturer warranty. Quaid Harley-Davidson is an approved manufacturer; their location is in Loma Linda, CA, 4 miles from the corporate yard.
Original Equipment Manufacturer (OEM) New Way Parts
Vendor Purchase Order Request
Ray Gaskin Service Inc. $200,000
Staff is requesting a single source annual purchase order with Ray Gaskin Service Inc. The requested parts are specific to New Way make trucks within the City’s fleet; Original Equipment Manufacturer (OEM) parts have unique design features that cannot be replaced by non-OEM parts.
Use of alternate parts would void manufacturer warranty. Ray Gaskin Service Inc., is an approved seller and distributor of New Way OEM parts; their location is in Fontana, CA, 17 miles from the corporate yard. The next closest vendor is Ruckstell California Sales Co in Fresno, CA, 279 miles from the corporate yard.
Original Equipment Manufacturer (OEM) Peterbilt Parts
Vendor Purchase Order Request
Rush Truck Centers c/o Interstate Billing
Services
$60,000
Staff is requesting a single source annual purchase order with Rush Truck Centers c/o Interstate Billing Services. The requested parts are specific to Peterbilt make trucks within the City’s fleet; Original Equipment Manufacturer (OEM) parts have unique design features that cannot be replaced by non-OEM parts. Use of alternate parts would void manufacturer warranty. Rush Truck Centers is an approved seller and distributor of Peterbilt OEM parts; their location is in Fontana, CA, 17 miles from the corporate yard. The next closet vendor is Golden State Peterbilt in Bakersfield, CA, 177 miles from the corporate yard.
Collection of Bulky Solid Waste Items
Vendor Purchase Order Request
San Bernardino County $120,000
Staff is requesting a single source annual purchase order with the San Bernardino County San Timoteo Canyon Landfill for the disposal of bulky solid waste items. San Timoteo Canyon Landfill is the only landfill within the vicinity licensed to accept bulky items. Bulky items consist of items that have a poor compaction rate such as mattresses, palm fronds, and appliances. By hauling these materials to the San Timoteo Canyon Landfill, the amount entering the City-owned California Street Landfill is minimized, lessoning the impact for the usage of available airspace and adding Redlands Regular Meeting 06-21-2022 1477 of 1716
valuable lifespan to the City's landfill. The requested amount of $120,000 is based on historical expenditures.
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Single/Sole Source Agreements and Purchase Orders for the Facility Located at 300 E. State Street.
In September 2021, the City Council approved an Assignment and Assumption Agreement with Redlands Community Investment Corporation which allowed the City to assume the existing service contracts and tenant agreements for the newly acquired facility located at 300 E. State Street. In order to continue continuity of service to the existing tenants, staff is requesting the following single source agreements and purchase orders for the not-to exceed amounts as described below.
Janitorial Services at 300 E. State Street
Vendor Purchase Order Request
Executive Facilities Services, Inc. $153,484
Staff is requesting a single source agreement and annual purchase order with Executive Facilities Services, Inc. for janitorial services at the building.
Elevator Maintenance Services at 300 E. State Street
Vendor Purchase Order Request
Liftech Elevator Services, Inc. $32,849
Staff is requesting a single source annual purchase order with Liftech Elevator Services, Inc for the second year in a two-year term per the current agreement.
Heating and Air Conditioning As-Needed Repair Services at 300 E. State Street Vendor Purchase Order Request
Ontario Refrigeration $31,000
Staff is requesting a single source annual purchase order with Ontario Refrigeration for as-needed repair services. The City has an existing agreement and purchase order with Ontario Refrigeration for monthly maintenance of the HVAC system. This annual purchase order will allow for repair services to be completed in a timely manner by the vendor that is familiar with the existing system.
The requested amount of $31,000 is based on historical expenditures.
Security Services at 300 E. State Street
Vendor Purchase Order Request
Universal Protection Service, LP, dba Allied
Universal Security Services
$107,549
Redlands Regular Meeting 06-21-2022 1479 of 1716
Staff is requesting a single source agreement and annual purchase order with Universal Protection Service, LP, dba Allied Universal Security Services to provide adequate security coverage to the tenants of the building.
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Exhibit “B”
Cooperative Purchase Orders
Staff followed the City's procurement policies in regard to an existing cooperative contract agreement for Public Utility Equipment/Services with Sourcewell. By utilizing the Sourcewell cooperative purchasing, the City can benefit from previously posted bid packages that have been competitively bid and awarded in conformance with the City's procurement policies. Agencies can review bid results from more than 50,000 government, education, and nonprofit organizations and draw from the terms and pricing for like units and vehicles.
Supply of As-needed Auto Parts
Vendor Purchase Order Request
Superior Automotive Warehouse c/o Napa Auto Parts $121,000 Staff is recommending the that the City Council approve the Sourcewell cooperative purchase order with Napa Auto Parts through the Sourcewell Contract Number 032521‐GPC for the supply of as‐needed auto parts. The requested annual purchase order in the amount of $121,000 is based on historical expenditures.
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Exhibit “C”
Annual Agreements
Fairview Ford Sales, Inc.
Haz Mat Trans, Inc.
Ken Grody Ford Redlands
Leafwise Landscape
Liftech Elevator Services, Inc.
Merrimac Petroleum, Inc. dba Merrimac Energy Group
P.F. Services Inc.
P&S Truck Center
SC Commercial, LLC dba SC Fuels
Southwest Lift & Equipment, Inc.
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City of Redlands May 06, 2022
1270 W. Park Ave., Bldg. E
City of Redlands, CA 92373
Re: City of Redlands Request for “Sole Source” Verification Letter.
Dear: Monica Duran
Amrep is a manufacturer of refuse equipment, with its factory located here in Ontario, California. The letter is to confirm that we are the only manufacturing source and provider of original Amrep Bodies and Amrep Body Parts.
Thank you for your business in the past and continued support.
Regards,Rob
Telephone 909 923-0430 1555 S. Cucamonga, Ontario, CA 91761 Fax 909 923-248 Rob Strange
National Sales Director
O: 909-923-0430 ext. 105
M: 909-215-2259
[email protected]
1555 S Cucamonga Ave.,
Ontario, CA 91761
www.amrepinc.com
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4675 MacArthur Court Suite 800 Candice Kenyon
Newport Beach, CA 92660 USA Senior Account Representative Phone: (949) 315-9959
www.cleanenergyfuels.com
May 9, 2022
Mr. Aaron Jenkins
Fleet Services Coordinator
City of Redlands
1270 West Park Ave
Redlands, California 92373
Dear Mr. Jenkins:
Clean Energy, through its subsidiary, Clean Energy Cryogenics, originally constructed the City of Redland’s (“City”) Liquefied Compressed Natural Gas (“LCNG”) fueling facility in 2003. We have since provided several significant upgrades and supplied equipment and parts.
The City’s LCNG fueling facility was constructed with proprietary equipment including Cryogenics’ Station Operating Software, which controls the operations of the entire station. No other company will have the same ability to supply parts and service the City’s LCNG station.
Per your request, we have supplied a spare parts list with pricing for the major components of the City’s station. If you have any questions, please feel free to contact me at [email protected] or (949) 246-1328.
Sincerely,
Candice Kenyon
Candice Kenyon
Senior Account Representative
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4675 MacArthur Court Suite 800 Candice Kenyon
Newport Beach, CA 92660 USA Senior Account Representative Phone: 949-437-1254
www.cleanenergyfuels.com
May 9, 2022
Mr. Aaron Jenkins
Fleet Services Coordinator
City of Redlands
1270 West Park Ave
Redlands, California 92373
Dear Mr. Jenkins:
Clean Energy, through its subsidiary, Clean Energy Cryogenics, has been providing maintenance repair services on the City of Redland’s (“City”) Liquefied Compressed Natural Gas (“LCNG”) fueling facility since the completion of the station in 2003. As you know, this sound business partnership has been the result of Clean Energy’s unparalleled LCNG experience and knowledge of the City’s fueling facility.
The City’s LCNG fueling facility was constructed with proprietary equipment including Cryogenics’ Station Operating Software, which controls the operations of the entire station. Clean Energy’s unique ability to service the station was demonstrated several years back when a competitor was selected to complete station repairs but was unable to restore fueling operations.
Clean Energy recommends quarterly site inspections and routine maintenance to ensure all LCNG fueling equipment is operating properly. The quarterly site visit fee is $4,636.49. Callouts for corrective services will be billed at R&M Rates of $125 from 8am-5pm M-F and $190 from 5pm-8am M-F, Weekends & Holidays.
Clean Energy looks forward to continuing to service the City’s station. Thank you in advance for your consideration.
Sincerely,
Candice Kenyon
Candice Kenyon
Senior Account Representative
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Driving [he Difference.
City of Redlands
ATTN Arron Jenkins
1270 W. Park Ave
Redlands, CA 92373
.fhe
letter is i, rel-erence
to Ra1. Gaskin ScrviCe. i ircl arc rhe cxrll' authoriz'cd salesipartsisen'ice..,,i.,
in Southern Calillirni*' lf 1'.u h3vs questiotts tlr,eed iidditionai intbrmation. please f'eel liee to c(')ntact lre'
Sincerell':
/
'
-/./,
','/ /
'' :::
/ --
Jim Otrer
V.P. C)Perations
NHt/y WAY ".:'l:::^I*'tf//,ttts'f,$"1t't
i*i ltrtrltrc"t :iririrrtr iri !lit?
80il83t l8i8 il?65?3:!9 *'i+;'ne'rnrit!!tuili'
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Redlands Regular Meeting 06-21-2022 1508 of 1716
Ray Gaskin Service Inc
14572 Rancho Vista Drive
Fontana, CA 92335
Estimate
Date Estimate #
4t20t2021 s032280
Name / Address
Redlands, City of
PO Box 3005
Redlands, Ca.92373
10, l3 1.527
6,463.057
5,585.047
91.007
3,623.067
126.007
20,974.8rr
I 1,900.077
l 1,900.077
3,A55.227
3,248.917
135.037
3,240.027
682.997
943.327
816.977
505.127
11,022.767
451.927
1,447.36
923.29286
797.86286
13.00 517.58
18.00 2,995.83
1,700.01
1,700.01
436.46
464.13
19.29 462.86
97.57 134.76
116.71
72_16
1,574.68
64.56 Serv Assy, Gripper Chain Assy
WLDT, Reverse Single SPring MNT
WLDT, Reverse Dual SPring MNT
Bushing, Grip Cylinder
Cylinder, Grip
Bumper w/ Bolt
Packer, Cylinder ASL
WLDT, LF, GripperArm
WLDT, RT, GripperArm
WLDT, LF, CTRL Arm
WLDT, RT, CTRL, ATM
Vert, Chain Roller Spacer
Shaft, Vertical Lift
Prox, 24' Lead, 30MM Range
Air Shifter
Roller Bearing, Follower PNL
Micro switch
Vertical Lift Cylinder
Filter, In-Tank
7 7
7 7
7 7
7 7
7 1
7 7
'7
7 7
7 7
1 '7
127148
126994
126995
126687
I 18610
122295
118617
121969
121970
121971
121972
122027
121984
120780
120845
122125
125255
118615
119789
Subtotal $e4,8e2.88
Sales Tax (8.0%)
s
j.5e1,43
Total $102,4s4.3r
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Ray Gaskin Service Inc
14572 Rancho Vista Drive
Fontana, CA 92335
Estimate
Date Estimate #
4t20t2021 s032281
Name / Address
Redlands, City of
PO Box 3005
Redlands, Ca.92373
3,495.727
4,886.167
252.907
247.747
6,839.587
2,314.867
57,601.477
540.007
593.407
13,851.427
Traveling cover, Front
Traveling Cover, Rear
Roller
Pin Axle Roller, CT
Cyl. ArmLift
Cylindet Dump
Control Kit"Yl-Yz, YO, CT
SWITCH, PROX
Filter
PTO, CT
6 6
6 6
6 6
6 6
6 6
582.62
814.36
42.15 41.29
1,139.93
385.81
9,600.245
90.00 98.90
2348.s7
00-24240-02-ac
00-2377L}A-AC
00-30408-00-wA
00-24618-02-OA
00-23157-12-AB
00-23150-14-AB
00-38542-00-AB
345-014-009
5r0-01 l-016
639-033-146
Subtotal $s0.623.2s
Sales Tax (7.75o/ol
s7,023.30
Total $s7,646.ss
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Intergovernmental/ Piggyback
Contract Use Request
(Attach to PR form)
The 'HSDUWPHQWrequests the purchase of the following item(s) from:
Original Contracting Entity:
Contract#:
Contract Term:
Method of original contract award:
Competitive
Non-Competitive, based on: Preferred source Sole Single source Emergency Other:
Does the original contract contain language contemplating contract extension to additional users? Yes No
Description of Product/Service intend to acquire Unit Price Total Tax
Grand Total
Please attach: vendor agreement to sale to the City AND Entity agreement/contract language allowing Piggyback Facilites and Community Services
SOURCEWELL
032521-GPC
07/01/2022-06/30/2023
✔
✔
please see attached quote for miscellaneous parts $ 121,000.00 $ 121,000.00
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Purchasing Agent Approval: Date:
City Manager Approval: ______________________________ Date: ____________________ Vendor:
Contact:
Address 1:
Address 2:
City/State/Zip:
Telephone:
Fax:
Web/E-Mail:
Delivery/Service Location
Contact:
Telephone:
Department:
Address 1:
Address 2:
Additional
Comments
UHY
Superior Automotive Warehouse
2021 Rancho Drive, Suite 2
PO Box 8516
Redlands, CA 92375
(909) 792-2400
Aaron Jenkins
(909) 841-4752
Equipment Maintenace
1270 W. Park Ave, Bldg E
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032521-GPC
Rev. 10/2020 1
Solicitation Number: RFP #032521
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Genuine Parts Company dba NAPA Auto Parts, 2999 Wildwood Parkway, Atlanta, GA 30339 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Aftermarket Vehicle Parts and Supplies from which Vendor was awarded a contract.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires May 19, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
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032521-GPC
Rev. 10/2020 2
All Equipment and Products provided under this Contract must be new/current model or remanufactured to OEM standards. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. All Equipment and Products supplied pursuant to the Contract are subject to the terms of written warranties provided by the manufacturer of each Product and Equipment, and Vendor shall use reasonable commercial efforts to assist the Member in processing all warranty claims that the Member may have against a manufacturer. The manufacturer’s warranty will be the sole and exclusive remedy of the Member in connection with any claims concerning the Products and Equipment supplied pursuant to the Contract. ALL OTHER
WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. Copies of the manufacturers’ warranties are available to the Member upon request. Vendor will pass through all available warranty benefits from the applicable manufacturer to the Member to the extent permitted by contract or law.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
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032521-GPC
Rev. 10/2020 3
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event that any Product or Equipment does not conform to the manufacturer’s warranty, the Member may return such Product or Equipment to Vendor and Vendor will process the Member’s warranty claim with the manufacturer of the defective Product or Equipment. After the manufacturer has accepted the claim from Vendor, Vendor, as the Member’s sole and exclusive remedy and Vendor’s sole liability, shall either, at its option: (i) replace the defective Product or Equipment with a conforming Product or Equipment; (ii) repair the defective Product or Equipment; or (iii) issue a credit or refund for the price of the Product or Equipment.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
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032521-GPC
Rev. 10/2020 4
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at governmentowned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this
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032521-GPC
Rev. 10/2020 5
Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.
Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
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032521-GPC
Rev. 10/2020 6
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted
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032521-GPC
Rev. 10/2020 7
price to offset the Administrative Fee.
The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. Audit results will be based upon overcharges and undercharges being combined to determine the net impact.
B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.
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032521-GPC
Rev. 10/2020 8
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.
E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including reasonable attorneys’ fees, arising out of the negligent acts or omissions or intentional misconduct of Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have arisen from such negligence or intentional misconduct.
12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use the Trademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.
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2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
d. The licenses granted under this Section 13 are subject to the respective intellectual property usage guidelines and terms and conditions of each party.
4. Vendor agrees to provide an indemnity for intellectual property claims based on intellectual property rights owned by Vendor, but cannot provide a direct copyright, trademark, or patent indemnity for the Products or Equipment supplied pursuant to the Contract, as Vendor does not manufacture the Products or Equipment. Vendor agrees to use commercially reasonable efforts to assist the Member in processing any infringement claim against the applicable manufacturer.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.
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D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.
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B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for direct damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
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3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial
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general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor but only to the extent of Vendor’s indemnity obligations under the Contract. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds but only to the extent of Vendor’s indemnity obligations under the Contract.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. Vendor will comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject
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matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications provided that any such additional requirements must be accepted in writing by Vendor for any such requirements to be binding on Vendor. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies in the event that (i)a Participating Entity will access Vendor’s Equipment, Products, or Services with United States federal funds, and (ii) Vendor has provided its prior written consent.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
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each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.
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F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must endeavor to comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right
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also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Genuine Parts Company dba
NAPA Auto Parts
By: __________________________ By: __________________________ Jeremy Schwartz Jett Kuntz
Title: Chief Procurement Officer Title: Vice President of IBS Fleet & Government
Date: ________________________ Date: ________________________ Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
Redlands Regular Meeting 06-21-2022 1544 of 1716
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Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts
Redlands Regular Meeting 06-21-2022 1563 of 1716
Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts Table 15: Industry Specific Questions
Line
Item Question Response *
86 If you are awarded a contract, provide a
few examples of internal metrics that will
be tracked to measure whether you are
having success with the contract.
Below are several examples of internal metrics that we will track to optimize our contract growth strategies, if awarded:
Overall Contract Member Purchases - our contract reporting system will track overall Sourcewell contract member purchases by agency to ensure contract compliance, contract adoption and overall Sourcewell member satisfaction.
Market Coverage - we can identify where we have an active Sourcewell contract presence across our US and Canada markets and pinpoint opportunities for new market growth over the course of the contract.
Sourcewell Account Registrations - new Sourcewell member contracts are identified in our reporting system so we can promote growth of the total number of participating entities utilizing the NAPA contract and partnership.
Contract Segmentation - we will break out Sourcewell member purchases into industry verticals to identify opportunities to grow in segments where we may be stagnant and develop specific marketing materials to drive new contracts in underutilized categories.
*
87 Describe any electronic service
programming subscriptions and service
information provided within your proposal
along with any associated costs.
NAPA does not provide any electronic service programming subscriptions under the scope of this proposal. *
88 Describe your ability to provide
customized reports of historical purchases
and participating entities accounts payable
management.
Through our Vistex and Qlik reporting software and our dedicated finance, accounting and reporting teams at NAPA headquarters and locally in our operations, NAPA provides customized reporting for hundreds of government and private sector customers on a quarterly basis or as needed by the Sourcewell member, generally within 30 to 45 days after a quarter has ended. Reporting is customizable for each member, so NAPA remains flexible in the format and timing of reporting to meet each customer's needs on a case-by-case basis; the reporting described above is the standard base level that NAPA provides.
On an ad-hoc basis, NAPA can provide a specific Sourcewell member with SKUlevel data over a specific timeframe and our team is also available to provide an indepth spending analysis comparing them to other government agencies of similar size and makeup.
*
89 Describe any online parts catalog and
ordering capabilities that can be provided
or are included. If applicable, identify any
additional costs associated with this
service.
Our NAPA parts catalog, consisting of more than 465,000 SKUs, is all available online to Sourcewell members. The following are a few of the most common digital methods used to order from us:
• NAPA Prolink: NAPA Prolink is another exclusive online ordering and messaging system for customer shops to order NAPA branded parts from our stores or distribution centers. It gives the customer direct digital access to our catalog of more than 500,000 SKUs, all available on this contract. • Enterprise E-Procurement/Punchout: NAPA has the capability to provide digital cataloging through punchouts and EDI interfaces placed directly within a customer's enterprise procurement system. On our e-commerce website, www.NAPAIBIZ.com, we show companies that use large eProcurement programs how to register with NAPA to access our NAPA catalog. Platforms supported include Ariba, SAP, Oracle, Epicor, Ketera, Jaggaer, Proactis/Perfect Commerce, Coupa and more. We also offer digital warehousing solutions with JD Edwards and Manhattan products.
There is no fee associated with the use of NAPA's online cataloging or NAPA Prolink. Enterprise software integrations, if required by the customer, could have nominal costs that are negotiated on a case-by-case basis before implementing any solutions.
*
90 Identify the vehicle makes for which your
offered parts are used.
NAPA provides replacement parts for all light- and heavy-duty makes and models across the US and Canada. *
91 Identify the vehicle engine types for which
your products are manufactured (e.g.,
gasoline, diesel, CNG, propane, hybrid,
electric, etc.)
NAPA provides replacement parts for all engine types across the US and Canada. *
Redlands Regular Meeting 06-21-2022 1564 of 1716
Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Financial Strength and Stability - Question #9 - Genuine Parts Company 2019 Annual Report.pdf - Wednesday March 24, 2021 12:26:37
Marketing Plan/Samples - Question #32 - Marketing Materials.pdf - Wednesday March 24, 2021 12:27:31 WMBE/MBE/SBE or Related Certificates - Question #39 - Corporate Sustainability Plan.pdf - Wednesday March 24, 2021 12:29:32
Warranty Information (optional)
Pricing - Pricing - US 9074 & Canada.pdf - Wednesday March 24, 2021 12:29:47 Upload Additional Document - Question #36 - Autotech Training Brochures.pdf - Wednesday March 24, 2021 12:30:11
Redlands Regular Meeting 06-21-2022 1565 of 1716
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Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts
Redlands Regular Meeting 06-21-2022 1566 of 1716
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Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts
Redlands Regular Meeting 06-21-2022 1567 of 1716
AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of professional security services (“Agreement”) is made and entered in this 21st day of June, 2022(“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Universal Protection Service, LP dba Allied Universal Security Services (“Contractor”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE 1 – ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to perform provide unarmed, uniformed professional security officers services for City (the “Services”).
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 – SERVICES OF CONTRACTOR
2.1 The Services that Contractor shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.
2.2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to, any applicable State prevailing wage laws.
ARTICLE 3 – RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.
3.2 City designates Chris Boatman, Assistant City Manager Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.
ARTICLE 4 – PERFORMANCE OF SERVICES
4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.
4.1 The term of this Agreement shall be for a period of one (1) year commencing on July 1, 2022, unless terminated earlier as provided herein.
Redlands Regular Meeting 06-21-2022 1568 of 1716
4.2 If Contractor’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council-adopted policy for the same. It shall be the obligation of Contractor to obtain a copy of such policy from City staff.
ARTICLE 5 – PAYMENTS TO CONTRACTOR
5.1 Total compensation for Contractor’s performance of the Services shall not exceed the amount One Hundred Seven Thousand Five Hundred Forty-Nine Dollars ($107,549). City shall pay Contractor on a time and materials basis up to the not to exceed amount in accordance with Exhibit “B,” titled “Fee Schedule,” which is attached hereto and incorporated herein by this reference.
5.2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom.
City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY CONTRACTOR
City Clerk Steve Claton, President, Southwest Region
City of Redlands Universal Protection Service, LP
35 Cajon Street dba Allied Universal Security Services
P.O. Box 3005 (mailing) PO Box 31001-2374
Redlands, CA 92373 Pasadena, CA 91110-2374
[email protected] [email protected]
(909) 798-7531 951-552-9120
ARTICLE 6 – INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor.
Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a Redlands Regular Meeting 06-21-2022 1569 of 1716
provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.
A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “C,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or selfinsurance maintained by City.
6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services.
ARTICLE 7 – CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor’s Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; Redlands Regular Meeting 06-21-2022 1570 of 1716
(iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and, in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.
7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.
ARTICLE 8 – GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of inhouse counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.
8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days prior written notice to Contractor of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of Redlands Regular Meeting 06-21-2022 1571 of 1716
project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.
8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.
Redlands Regular Meeting 06-21-2022 1572 of 1716
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.
CITY OF REDLANDS UNIVERSAL PROTECTION SERVICE,
LP dba ALLIED UNIVERSAL SECURITY
SERVICES
By: ___________________________ By: _________________________ Paul T. Barich, Mayor Steve Claton, President Southwest Region
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting 06-21-2022 1573 of 1716
EXHIBIT "A"
SCOPE OF SERVICES
Provide unarmed, uniformed professional security officers who are capable of exercising good judgement, will be highly visible at all times, deter crime, and perform other duties as outlined by the City.
SCHEDULE
FRI SAT SUN MON TUES WED THUR
3PM – 11PM 1 officer - - 1 officer 1 officer 1 officer 1 officer 6AM – 2PM - 1 officer 1 officer - - - -
2PM – 10PM - 1 officer 1 officer - - - -
-
HOLIDAYS
New Years Day
President’s Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
Redlands Regular Meeting 06-21-2022 1574 of 1716
EXHIBIT "B"
FEE SCHEDULE
FEE SCHEDULE
Staff Weekly Hours Bill Rate Holiday / O.T. Rate
Security Professionals 72 $27.92 $41.89
Total
Redlands Regular Meeting 06-21-2022 1575 of 1716
EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
UNIVERSAL PROTECTION SERVICE, LP
dba ALLIED UNIVERSAL SECURITY SERVICES
By: Date: ___________________
Steve Claton, President, Southwest Region
Redlands Regular Meeting 06-21-2022 1576 of 1716
AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of janitorial services (“Agreement”) is made and entered in this 21st day of June, 2022(“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Executive Facilities Services, Inc., a California corporation (“Contractor”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE 1 – ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to perform janitorial services for City (the “Services”).
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 – SERVICES OF CONTRACTOR
2.1 The Services that Contractor shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.
2.2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to, any applicable State prevailing wage laws.
ARTICLE 3 – RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.
3.2 City designates Chris Boatman, Assistant City Manager Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.
ARTICLE 4 – PERFORMANCE OF SERVICES
4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.
4.1 The term of this Agreement shall be for a period of one (1) year commencing as of July 1, 2022, unless terminated earlier as provided herein.
Redlands Regular Meeting 06-21-2022 1577 of 1716
4.2 If Contractor’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council-adopted policy for the same. It shall be the obligation of Contractor to obtain a copy of such policy from City staff.
ARTICLE 5 – PAYMENTS TO CONTRACTOR
5.1 Total compensation for Contractor’s performance of the Services shall not exceed the amount of One Hundred Fifty Three Thousand Four Hundred Eight Four Dollars ($153,484). City shall pay Contractor on a time and materials basis up to the not to exceed amount in accordance with Exhibit “B,” titled “Fee Schedule,” which is attached hereto and incorporated herein by this reference.
5.2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom.
City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY CONTRACTOR
City Clerk Christian Ferraro, CFO
City of Redlands Executive Facilities Services, Inc.
35 Cajon Street 6865 Weaver St
P.O. Box 3005 (mailing) Riverside, CA 92504
Redlands, CA 92373 [email protected]
[email protected] 844-780-2626
(909) 798-7531
ARTICLE 6 – INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor.
Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a Redlands Regular Meeting 06-21-2022 1578 of 1716
provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.
A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “C,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or selfinsurance maintained by City.
6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services.
ARTICLE 7 – CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor’s Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; Redlands Regular Meeting 06-21-2022 1579 of 1716
(iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and, in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.
7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.
ARTICLE 8 – GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of inhouse counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.
8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days prior written notice to Contractor of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of Redlands Regular Meeting 06-21-2022 1580 of 1716
project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.
8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.
CITY OF REDLANDS EXECUTIVE FACILITIES SERVICES,
INC
By: ___________________________ By: _________________________ Paul T. Barich, Mayor Christian Ferraro, CFO
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting 06-21-2022 1581 of 1716
EXHIBIT "A"
SCOPE OF SERVICES
NAMED AREAS
A. Lobby, Offices, Conference Room and Common Areas
B. Restrooms
C. Lunchrooms
CLEANING SCHEDULE
I. NIGHTLY CLEANING
A. Lobby, Offices, Conference Room and Common Areas
1. All trash receptacles are to be emptied and trash removed to a collection point.
2. Vacuum carpet areas making sure to get underneath desks, into corners, and along edges. Executive Services will not be responsible for removal of staples from carpets.
3. Clean and polish drinking fountain(s).
4. Thoroughly dust all horizontal surfaces, including desk tops, top of file cabinets, window sills, chairs, tables, pictures and all manner of furnishings.
5. Damp wipe all horizontal surfaces to remove coffee rings and spillage as needed.
6. Dust telephones.
7. Dust mop hard surface floors with a treated dust mop.
8. Damp mop hard surface floors to remove any spillage from soiled areas.
9. Damp wipe entrance metal and fingerprints on entrance glass.
10. Spot clean partition glass.
11. Notify management of any concerns
12. Make sure doors and security systems are properly secured as instructed by client.
Redlands Regular Meeting 06-21-2022 1582 of 1716
NIGHTLY CLEANING continued
B. Restrooms
1. Stock towels, tissue and hand soap.
2. Empty sanitary napkin receptacles and wipe.
3. Empty trash receptacles and wipe if needed.
4. Clean and polish mirrors.
5. Wipe towel cabinet covers.
6. Toilets and urinals to be cleaned and sanitized inside and outside. Polish bright work.
7. Toilet seats to be cleaned on both sides.
8. Scour and sanitize all basins. Polish bright work.
9. Dust partitions, tip of mirrors and frames.
10. Remove splash marks from walls and around basins.
11. Mop and rinse restroom floors.
C. Lunchroom
1. All trash receptacles are to be emptied including entrance containers and trash removed to a collection point.
2. Dust mop hard surface floors with a treated dust mop.
3. Damp mop hard surface floors to remove spillage from soiled areas.
4. Clean and damp wipe tables and chairs.
5. Spot clean walls near trash receptacles.
6. Clean fronts, tops, and sides of trash receptacles as needed.
7. Clean and polish drinking fountain/water cooler.
8. Damp wipe counter tops to remove coffee rings and spillage.
9. Clean and sanitize sink; Client responsible for dishes.
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II. WEEKLY CLEANING
A. All Named Areas
1. Dust all vertical surfaces of desks, file cabinets, chairs, tables and other office furniture.
2. Thoroughly vacuum all carpeting, taking care to get into corners, along edges and beneath furniture.
3. Damp mop hard surface floors, taking care to get into corners, along edges and beneath furniture.
III. MONTHLY CLEANING
A. All Named Areas
1. Complete all high dusting not reached in the above mentioned cleaning.
2. Remove fingerprints and marks from around light switches and door frames.
3. Vacuum all upholstered furniture.
4. Damp wipe telephones.
IV. OTHER SERVICES
A. Defective or inoperable building equipment will be brought to the attention of CLIENT, for example:
1. Leakage or problem plumbing
2. Defective lights or lighting
3. Doors and/or gates not properly secured
4. Other unusual circumstances that might affect the security, maintenance or effectiveness of the facility.
B. A Teflon-type carpet protector will be applied, upon request, for an additional fee.
C. An anti-static material will be applied to all carpeting, upon request, for an additional fee.
D. Care will be exercised so that baseboards, walls, and furniture will not be splashed, marred, and disfigured or damaged during these or any other scheduled operations.
E. Janitor closets, equipment, and materials will be kept in a neat, clean, and orderly condition at all times.
F. Any emergency cleaning accomplished for a nominal fee.
Redlands Regular Meeting 06-21-2022 1584 of 1716
V. DAY PORTER SERVICES
A. Disinfect all high touch point areas in the lobby, common areas, and elevators (i.e. door handles, elevator buttons, railings, drinking fountains, etc.
Redlands Regular Meeting 06-21-2022 1585 of 1716
EXHIBIT "B"
FEE SCHEDULE
Service Monthly Amount Annual Amount
Janitorial $7,491.55 $89,899
Fixed $1,184.70 $14,216
Day Porter $2,614.08 $31,369
Supplies $1,500.00 $18,000
Total Agreement Amount $153,484
Redlands Regular Meeting 06-21-2022 1586 of 1716
EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
EXECUTIVE FACILITIES SERVICES, INC.
By: Date: ___________________
Christian Ferraro, CFO
Redlands Regular Meeting 06-21-2022 1587 of 1716
AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of Ford original equipment manufacturer parts (“Agreement”) is made and entered in this 21st day of June, 2022(“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Fairview Ford Sales, Inc., a California corporation (“Contractor”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE 1 – ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to perform supply Ford original equipment manufacturer parts services for City (the “Services”).
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 – SERVICES OF CONTRACTOR
2.1 The Services that Contractor shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.
2.2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to, any applicable State prevailing wage laws.
ARTICLE 3 – RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.
3.2 City designates Chris Boatman, Assistant City Manager Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.
ARTICLE 4 – PERFORMANCE OF SERVICES
4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.
4.1 The term of this Agreement shall be for a period of one (1) year commencing on July 1, 2022 (the “Initial Term”). The City shall have the option to extend the Initial Term of this 1 L:\ca\Agreements\Fairview Ford Sales Agreement.NPS-2.1.FY21-0152.docx.jn Redlands Regular Meeting 06-21-2022 1588 of 1716
Agreement by two (2) additional one-year terms (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.
4.2 If Contractor’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council-adopted policy for the same. It shall be the obligation of Contractor to obtain a copy of such policy from City staff.