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Home My WebLink AboutContracts & Agreements_150A-2019NPS -2 1 (2/6/19) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR EQUIPMENT AND SUPPLIES This agreement for the provision of field meter testing for water production services ( Agreement') is made and entered in this 2nd day of August, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Golden Meters Services, Inc ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as "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 field meter testing for water production 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 descnbed to Exhibit A," entitled "Scope of Services," which is attached hereto and incorporated herein by 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, State prevailing wage laws ARTICLE 3 — RESPONSIBILITIES OF CITY 3 I City shall make available to Contractor information in its possession that may assist Contractor in performing the Services 3 2 City designates Chris Boatman, Municipal Utilities and Engineering Interim 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 The Services shall commence immediately after the Effective Date of this Agreement 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 t...t a djm AgreementslGaiden Meters Services Agreement.doc in NPS 2 1 (2/6/19) least thirty (30) days prior to the expiration of the Initial Term or arty Extended Term The Initial Term and the Extended Terms are 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 the 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 The compensation for Contractors performance of the Services shall not exceed the amount of Twelve Thousand Six Hundred Dollars ($12,600) 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 Twelve Thousand Six Hundred Dollars ($12,600) for the first Renewal Term and Twelve Thousand Six Hundred Dollars ($12,600) for the second Renewal Term, bringing the total possible amount of compensation to a not -to -exceed amount of Thirty Seven Thousand Eight Dollars ($37,800) For the Initial Term and each Renewal 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 "B,' entitled "Price and Fee Bid," which is attached hereto and incorporated herein b} 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, and a description of reimbursable expenses related to the Services 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 to 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, 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 m accordance with this section City City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 idonadlson@.crtvofredlands org (909) 798-7531 2 L.\caldjmAgreements\Golden Meters Services Agreement_doc jn Contractor Ana Aguilar, Contracts Manager Golden Meters Service, Inc 14812 Hunter Lane Midway City, CA 92655 goldenmetersservice@gmai1 com (714) 829-3103 NPS -2 i (2/6/19) 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 v ith 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' entitled "Workers' Compensation Insurance Certification,' which is attached hereto and incorporated herein by this reference prior to performance of the Services 13 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 ehicles, 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 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 3 L Icaldjm\Agreements\Golden Meters Services 1_reemenidec jn NPS -2 1 (2/6/19) 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_ (in) 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 13 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 Clerks 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 othei relief, be entitled to the recovery of its reasonable attorneys' fees, including tees 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 Sen ices as an independent contractor Neither City nor 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 4 1 lea!dj m\Agreements\.Golden deters Sen Ices Agreement_doe in NPS -2 1 (216!19) 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 Ser< ices, 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 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 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 5 L Eca`,dJm1i1_reementskCroiden Merers Sem ices Aonvement.doc }n NPS -2 1 (2/6/19) IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement CITY OF REDLANDS Golden Meters Services, Inc 13y i mi NitaConnell Assistant City Manager ATTEST 'rie Donaldson, City Clerk 6 L Icaldim\Agreements\Golden Meters Services Agreement.docp By \J ' Ana Aguilar, Contracts Manager NPS -2 1 (2/6/19) EXHIBIT "A" SCOPE OF SERVICES Contractor shall provide field meter testing for the City of Redlands Water Production Division including propeller, mag and venture type flow meters Field testers must be confined space certified, Copies of confined space certification must be current and made available for review Hourly testing rate shall include site to site travel time and any expenses related to the field meter testing Field meter testing locations located within the City of Redlands water service area and sphere of influence All field testing shall include detailed field test reports Reports shall be submitted electronically to the Water Division's supervisory staff 7 L•lealdlm\Ag eements\Golden Meters Services Agreement.doc jn NPS -2 1 (2/6/19) EXHIBIT "B" PRICE AND FEE BID Line No. Location Brand to be Tested Pipe Pipe Size 4120 ma Capable Yes/No Type Flange x Flange Saddle Other Meter Totalizer 100 CF AcFt Other GPM Range Hours to Perform Hourly Rate Total Hours X Rate (I x J = K) 1 Agate I Water Specialties 12 No Saddle 100 CF 0 3000 GPM 1 5 $140 5210 2 Agate 2 McCrometer 12 Yes F x F 100 CF GPMO 1 5 $140 5210 3 Airport 1 McCrometer 12 Yes F x F Cubic FT x100 0 4Q00 GPM 1 5 5210 4 - Airport 2 Water Specialties 12 Yes F x F Cubic FT x100 0-3000 GPM E 5 5140 5210 5 Californt a Water Specialties 6 Yes F x F 100 Cubic FT 0-1000 GPM 1 5 $140 5210 6 Chicken Hill McCrometer 8 No Saddle Cubic FT x100 0-2500 GPM 1 5 $140 5210 2 Church Street Water Specialties 12 Yes F x F 100 Cubic FT 0-3000 GPM 1 5 $140 $210 8 Craton McCrometer 10 No Saddle 100 CF GPM 1 5 $140 5210 9 East Lugoma 3 McCrometer 4 Yes F x F Cubic FT x10 0-800 GPM 1 5 $140 5210 10 East Lugonia 6 S arliu Spailing 12 No F x F Acre FT x,01 0-2500 GPM 15 5140 5210 11 Hog Canyon Water Specialties 12 No Saddle 100 Cubic FT 0-3000 GPM 1 5 $140 5210 12 Madeira Water Specialties 12 Yes F X F 100 CF 0-3000 GPM 15 $140 $210 13 Maguet 2 McCrometer 4 No F x F Acre x_0011 0-1'00 GPM 1 5 5140 5210 Mento14 Acres a Acres 2 12 Yes F x F I00 CF 0McCrometer GPM 1 5 $140 5210 15 Mill Creek 2 Water Specialties 12 No Saddle 100 CF 0 3000 GPM 1 5 $140 $210 16 Mill Creek 2A McCrometer 8 No F x F 100 CF GPM 15 5140 $210 17 Mill Creek 4 Water Specialties 6 Yes F x F 100 CF 0 2000 GPM 1 5 $140 $210 18 Muni McCrometer 16 Yes Saddle Acre FT x.01 0-15 AC/FT 1.5 $140 5210 19 North Orange 1 McCrometer 16 Yes F x F Cubic FT x100 0 8000 GPM 15 5140 $210 8 LAcakljmtAgreements\Golden Meters Services Agr+eement.doc.jn NPS -2 1 (2/6119) 20 North Orange 2 McCrometer 16 Yes F x F Cubic FT x100 0-8000 GPM 1 5 $140 $210 21 New York McCrometer 10 Yes Saddle Cubic FT X100 0 4000 GPM 1 5 $140 5210 22 Orange Street McCrometer 12 Yes F x F Acre FT x.001 0-4000 GPM 1.5 $140 $210 23 Redlands Heights McCrometer IO Yes F x F Cubic FT x100 0 3000 GPM 1 5 $140 $210 24 Rees McCrometer 12 No F x F Acre FT GPM 1 5 $140 $210 25 10 McCrometer 8 Yes F x F Cubic FT x100 0-3000 GPM 1 5 $140 $210 26 1 1 Water Specialties 6 Yes F x F IQO Cubic FT 0-1200 GPM 1 5 $140 $210 27 13 McCrometer 16 No F x F Cubic FT x100 0-4000 GPM 1 5 $140 $210 28 16 McCrometer 10 Yes Saddle Cubic FT 0-8 CFS 1 5 $140 $210 29 30A Water Specialties 12 No F x F 100 Cubic FT 0-3000 GPM 1 5 $140 $210 30 31A Water Specialties 16 Yes F x F 1000 Gallons 0-5000 GPM 1 5 $140 $210 31 32 Water Specialties 12 No F x F 100 Cubic FT 0-3000 GPM 1 5 $140 $210 32 36 Hersey- Sparling 8 No F x F Acre FT x.001 0-1400 GPM 1 5 $140 $210 33 38 McCrometer 12 Yes F x F Cubic FT x100 0-40000 GPM 1 5 $140 $210 34 39 Water Specialties 12 No F x F Cubic FT x100 0-30000 GPM 1 5 $140 $210 35 41 McCrometer 12 No F x F Cubic FT x100 0-4000 GPM 1 5 $140 $210 36 East F.13McCrometer 6 No Saddle Gallons x100 0-1300 GPM 15 $140 $210 37 West McCrometer 6 No Saddle Gallons x100 0-1300 GPM 1 5 $140 $210 38 1720 Water Specialties 10 No Saddle 100 CF 0-2000 GPM 1 5 $140 $210 39 1721 McCrometer 14 No Saddle Cubic FT GPM 1 5 $140 $210 40 1722 McCrometer 14 No Saddle Cubic FT GP1VI 1 5 $140 $210 41 1783 McCrometer 6 Yes Saddle Gallons x100 0-1300 GPM 1 5 $140 $210 42 1784 McCrometer 6 Yes Saddle Gallons xI00 0-1300 GPM 15 $140 $210 43 1927 Sparling 12 No Saddle Cubic FT N/A 1 5 $140 $210 44 1928 McCrometer 14 No Saddle Cubic FT GAM 1 5 $140 $210 45 1931 McCrometer 12 No Saddle Gallons x1000 0-4000 GPM 1 5 $140 $210 46 1951 McCrometer 12 Yes F x F Cubic FT x100 0-4000 GPM 1 5 $140 $210 47 1952 McCrometer 12 Yes F x F Cubic FT x100 0-4000 GPM 1 5 $140 $210 48 1953 McCrometer 12 Yes F x F Cubic FT 0-4000 1 5 $140 $210 9 L'Icaldtm\Agreements\Golden Meters Services Agreement.doc.ln NTS -2.1 (2/6/19) 10 L IcaldjmlAgreements\Golden Meters Services Agreement.doc jn x100 GPM 49 2131 Water Specialties 12 No Saddle Acre FT 0-3000 GPM 1 5 $140 $210 50 2132 Water Specialties 12 No Saddle 100 CF 0 X000 GPM 1 5 $140 $210 51 2174 McCrometer 8 No Saddle Cubic FT GPM 1 5 $140 $210 52 2176 McCrometer 8 No Saddle Cubic FT GPM 1 5 $140 $210 53 2177 McCrometer 8 No Saddle Cubic FT 0-2500 GPM 1 5 $140 $210 54 2310 McCrometer 10 No Saddle Cubic FT 0-3000 GPM 1 5 $140 $210 55 2384 McCrometer 8 No F x F Cubic FT x100 0-3000 GPM 1 5 $140 $210 56 2385 Water Specialties 121 Yes FxF F 100 CF 0-3000 GPM 5 $140 $210 57 2386 Water Specialties 12 Yes F x F 100 CF 0 3000 GPM 1 5 $140 $210 58 2387 Water Specialties 12 Yes F x F 100 CF 0-3000 GPM 1 5 $140 $210 59 2610 McCrometer 10 No Saddle Cubic FT GPM 1 5 $140 $210 60 2611 McCrometer 10 No Welded Acre FT x 001 0-3000 GPM 1 5 $140 $210 Column Grand Total (1 through 60) ` $ 12,600 10 L IcaldjmlAgreements\Golden Meters Services Agreement.doc jn NPS -2 1 (2/6/19) EXIIIBIT "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) 13y securing from the Director of Industnal 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 m 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 Golden Meters Service, Inc Date By Ana Aguilar, Contracts Manager 11 L 1ca\djm\Agreements\Golden Meters Services Agreenient.doc jn