HomeMy WebLinkAboutContracts & Agreements_43-2021NPS-2.2 (4/23/20)
AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision to assist the installation of a dual pump chemical feed
skid ("Agreement") is made and entered in this 22nd day of March, 2021 ("Effective Date"), by
and between the City of Redlands, a municipal corporation ("City") and D&H water Systems
Inc. (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 assist the installation of a dual pump chemical feed
skid for 12.5% sodium hypochlorite at the Chemical Facility of the Wastewater
Treatment Plant 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 Set -vices 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
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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.
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, 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 assist
Contractor in performing the Services.
3.2 City designates John R. Harris, Municipal Utilities 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 Contractor shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "B" titled "Project Schedule," which is
attached hereto and incorporated herein by reference.
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 Total compensation for Contractor's performance of the Services shall not exceed the
amount of twelve thousand four hundred dollars ($12,400). City shall pay Contractor on a
time and materials basis, up to the not to exceed amount in accordance with Exhibit "C"
titled "Fee Schedule" attached hereto and incorporated herein by reference.
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5.2 Contractor shall submit an invoice to City upon completion of 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 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, 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
City Cleric
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonadlson@cityofredlands.org
Phone: (909) 798-7531
Contractor
Brian Doane, Secretary
D&H Water Systems Inc.
603 Seagaze Dr. #241
Oceanside, CA 92054
brian@dandhwatersystems.com
Phone: (949) 637-0705
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. hrsurance 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 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.
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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 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.
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,
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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
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.
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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.
83 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
By:
Charles Duggan, Jr, City an r
ATTEST:
e 1e Donaldson, ity Clerk
D&H Water Systems c.
By:
Brian Doane, Secretary
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EXHIBIT "A"
SCOPE OF SERVICES
Provide and assist with install of a Dual Pump Chemical Feed Skid for injection or 12.5%
Sodium Hypochlorite at the Chemical Facility of the Wastewater Treatment Plant located at
1950 Nevada St. Redlands, Ca 92374
t
The following is the expected scope of service:
Verification of proper installation of the Dual Skid to ensure suction and discharge of the
chemical skid are plumbed correctly.
Verification of proper settings of the pressure relief valve and back pressure valves at the correct
pressure per square inch per application of the 12.5% Sodium Hypochlorite.
Calibration of the pumps per application and verification for dosing accuracy.
Skid
Dual pump systems shall be constructed of % (or %") thick marine grade high density polyethylene sheet material and have a
tensile strength greater than 4100 psi. I he polyethylene sheet material shall be 100% UV inhibited. Molded skids shall not be
accepted.
A flow indicator shall be located in the discharge side of the piping system to provide a visual indication of fluid movement
through the system.
Diaphragm check valves shall be located at the discharge side of each peristaltic pumps to prevent the back flow of fluid
through the pump.
Pressure relief valves (PRV) shall be located on the discharge of each pump to prevent excessive pressure in the pre-set
maximum system pressure is exceeded.
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A back pressure valve (BPV) shall be located on the discharge side of the skid system to maintain constant back pressure on
the discharge side of the diaphragm metering pumps. BPV shall NOT be used with peristaltic pumps.
Inlet Y-strainer shall be located in the suction side of the piping system ONLY when used with Diaphragm Metering Pumps.
Calibration cylinders shall be located in the inlet side of the system to permit metering pump output volume calibration.
Pulsation dampener shall be located in the discharge side of the system to reduce pulsation.
Pressure gauge and guard shall be located in the discharge side of the system to indicate system pressure
Peristaltic Metering Pump-
Shall be a positive displacement, peristaltic type tubing pump with a brushless variable speed motor, non -spring loaded
roller assembly located in the pump head, integral tube failure detection system, tube life roller revolution counter with user
alarm set -point and flexible tubing with attached connection fittings. Model shall be capable of output volumes from 0.0002
to 33.3 gallons per hour.
There shall be no valves, diaphragms, springs, or dynamic seals in the fluid path. Process fluid shall contact the pump tubing
assembly and connection fittings only. Pump shall be capable of 24 hour continuous duty, self -priming and operating in
either direction of flow at the rated maximum pressure of up to 125 PSI (8.6 bar). The Pump shall be capable of running dry
without damage. 6. Pump shall be warranted by the manufacturer for a period of five years. Warranty shall include chemical
damage to the pump head and roller assembly for a period of two years.
Pump head & Pump Tube Assembly
Shall be a single, unbroken track with a clear removable cover
To ensure pump performance and accuracy, only tubing provided by the manufacturer is acceptable
Tube failure detection sensors shall be fully located In the pump head. Tube failure detection shall not be triggered with
water contact. Float type switches, process fluid waste ports, or leak drains are not accepted.
Drive System
Shall be factory installed and totally enclosed in a NEMA 4X (IP66) wash -down enclosure. Capable of operating on any input
power from 110VAC to 240VAC, 50/60 Hz single phase supply without user configuration or selection switches. Motor shall
include overload protection, and a reversible, brushless DC gear rated for continuous duty.
Enclosure shall be pressure cast aluminum with acidic liquid iron phosphate three -stage clean and coat pretreatment and
exterior grade corrosion resistant polyester polyurethane powder coat. A wiring compartment shall be provided for
connection of input/output signal wires and alarm output loads to un-pluggable type terminal block connectors. Terminal
board shall be positively secured to the rear of the pump housing by two polymeric screws and fully enclosed by the wiring
compartment cover. The terminal board shall not be disturbed by the removal of the wiring compartment cover. Ribbon
cables shall not be used in the wiring compartment. Conduit hubs, liquid -tight connectors, connector through holes and
tapped holes shall be sized in U.S. inches
inches.
Control Circuitry
All control circuitry shall be integral to the pump. The pump output shall be capable of being manually controlled via front
panel user touchpad controls. The pump output shall be capable of being remotely control via 4-20mA analog input. The
pump output shall be capable of being remotely control via 0-10 VDC input. The pump shall be capable of automatically
calculating the pump motor speed required to achieve a part per million dosing output that is proportional to a fixed and
variable system flow rate.
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EXHIBIT "B°'
PROJECTSCHEDULE
Project Start Date 03/22/2021
Submittals Due 04/07/2021
Delivery 06/02/2021
Installation 06/7/2021
Training 06/07/2021
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EXHIBIT "C"
FEESCHEDULE
Description
UoM
Quantity
Line Total
Dual Pump Chemical Feed Skid
LS
1
$12,400.00
Peristaltic Metering Pump
LS
1
$0.00
Pump Head & Pump Tube Assembly
LS
1
$0.00
Drive System
LS
1
$0.00
Control Circuitry
LS
1
$0.00
Start Up/ Installation Verification
HR
8
$0.00
Training
HR
8
$0.00
Prevailing Wages
LS
3.
$0.00
Subtotal $12,400
Total $12,400
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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.
D&I WATER SYSTEMpp��S��INC.��� q
By: �` �V� ""`,
Brian Doane, Secretary
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