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HomeMy WebLinkAbout8008RESOLUTION NO 8008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING AN ANNUAL PURCHASE ORDER, FIVE SINGLE SOURCE/SOLE SOURCE AGREEMENTS AND THREE AGREEMENTS FOR LABORATORY TESTING, METER TESTING, MAINTENANCE, INSTRUMENT CALIBRATION, VARIOUS SUPPLIES AND SERVICES TO SUPPORT THE WATER AND WASTEWATER OPERATIONS OF THE CITY'S MUNICIPAL UTILITIES AND ENGINEERNG DEPARTMENT FOR FISCAL YEAR 2019-2020 WHEREAS, the Municipal Utilities and Engineering Department regularly purchases a variety of supplies and services from to support City operations pursuant to bids for products and series in accordance with the Redlands Municipal Code, and WHEREAS, for fiscal year 2019/2020, to support City operations and in accordance with the City's purchasing policy, the following annual purchase orders, sole/single source purchase order requests, 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 Section 1. The City Council hereby waives the minor bid irregularity contained within the bid submitted by Western Water Works Supply and approves an annual purchase order with Western Water Works Supply for the supply of water distribution parts, supplies, and related items in an amount not to exceed $75,000 for a period of one year Section 2. The City Council hereby approves the sole/single source annual purchase order for Hach Company for the supply of parts and supphes in an amount not to exceed $50,000 for a period of one year Section 3. The City Council hereby approves the sole/single source agreement with D&H Water Systems, Inc. for service, training and supplies in an amount not to exceed $85,000 for a period of one year Section 4. The City Council hereby approves the sole/single source agreement with Plumbers Depot for service, parts and supphes m an amount not to exceed $125,000 for a period of one year Section 5. The City Council hereby approves the sole/single source agreement with Sulzer Electro-Mechanical Services (US), Inc for service, repair and supplies in an amount not to exceed $76,000 for a period of one year 1 I•\Resolutions\Res 8900-8099\8008 Annual Purchase orders MUED.docx Section 6 The City Council hereby approves the sole/smgle source agreement with R&B Automation, Inc for preventative maintenance, parts and service in an amount not to exceed $114,500 for a period of one year Section 7 The City Council hereby approves an agreement with Babcock Laboratories for the provision of laboratory services m an amount not to exceed $232,422 5 for a period of one year, with two additional one-year renewal options brmgmg the total to an amount not to exceed $697,267 50 Section 8. The City Council hereby approves an agreement with DG Energy Services, Inc dba RS Instruments & Services for the provision of instrument cahbration, troubleshoot and repair services m an amount not to exceed $30,000 for a period of one year, with two additional one-year renewal option bring the total to an amount not to exceed $90,000 Section 9 The City Council hereby approves an agreement with TESCO Controls, Inc for the provision of technical and professional services support in an amount not to exceed $423,784 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $1,271,352 Section 10 The City Council of the City of Redlands hereby determines that the approval of the two (2) annual purchase orders, five (5) single source/sole source agreements, and three (3) agreements identified in this resolution are exempt from environmental review pursuant to Section 15061 (b) (3) of the state guidelines unplementmg the California Environmental Quality Act ADOPTED, SIGNED AND APPROVED tlus 6t'' day of August, 2019 CIL)A—(11 110.1k Paul W Foster, Mayor ATTEST ine Donaldson, City Clerk 2 I \Resolutions\Res 8000-8099\8008 Annual Purchase orders MUED docx I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at regular meeting thereof held on the 6th day of August, 2019, by the following vote AYES Councilmembers Barich, Tejeda, Momberger, Davis, Mayor Foster NOES None ABSTAIN None ABSENT None Jeai #� onaldson, i y Clerk 3 I•\Resolutions\Res 8000-8099\8008 Annual Purchase orders MUED docx Exhibit "A" Annual Purchase Order Water Distribution Parts, Supplies & Related Items Vendor - Annual Dollar Amount Western Water Works Supply $75,000 4 I \Resolutions\Res 8000-8099\8008Annual Purchase orders MUED,docx Exhibit "B" Sole/Single Source Purchase Order and Agreements Staff is requesting approval for the following sole source / single source vendors for the not -to -exceed amounts as described below and in the corresponding vendor agreements. The following have been evaluated and a determination has been made that sole / single source is warranted. Staff is requesting an annual purchase order with Hach Company to provide sole source replacement parts and supplies for the ammonium and nitrate analyzers and analytical consumables. They are the sole proprietor replacement parts and supplies Wastewater Analyzers Parts, Supplies and Analytical Consumables Vendor Purchase Order Request Hach Company $50,000 Staff is requesting an annual agreement with D&H Water Systems to perform mandatory annual maintenance and provide equipment operations training for the City's Henry Tate water treatment plant and US Filter chlorine gas feed system. As well as support for the Evoqua chlorine analyzers and replacement parts for the Wastewater Treatment Plant reclaim water disinfection system. This are vital components of the water treatment process and ensures the delivery of safe drinking water to the public D&I-I water systems is the sole municipal authored Water / Wastewater Distributor, Water / Wastewater Representative and Service Contractor for Evoqua Water Technology / Wallace & Tierman. Annual Maintenance, Equipment, & Training Vendor Purchase Order Request D & H Water Systems, Inc. $85,000 Staff is requesting an annual agreement with Plumbers Depot for purchase of equipment, parts, and maintenance for City's sewer vactor truck and camera trucks Plumbers Depot is the only authorized dealer in California for GapVax the manufacturer of the City's combination sewer vacuum truck. Use of aftermarket parts or other manufacturers will void warrantees Wastewater Vacuum/Sewer Jet Truck Support, Parts, & Service Vendor Purchase Order Request Plumbers Depot $125,000 Staff is requesting an annual agreement with Sulzer Electro-Mechanical Services (US), Inc to provide maintenance service, repair, and replacement parts. Pump motors throughout the water system have been standardized to US Motors Sulzer Electro-Mechanical Services (US), Inc is a US Motor distributor accredited by Electrical Apparatus Service Association. They are the sole vendor within a 75 mile radius. 5 I \Resolutions\Res 8000-8099\8008 Annual Purchase orders MUED.docx Water/Wastewater Maintenance Service, Repair, & Replacement Parts Vendor Purchase Order Request Sulzer Electro-Mechanical Services (US), Inc $76,000 Staff is requesting an annual agreement with R&B Automation (R&B) for preventative maintenance, parts and service of Auma actuator equipment for Water and Wastewater Treatment Plants. Electric actuators are a key component of the Water and Waste Water 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. $114,500 6 I \Resolutions\Res 8000-8099\8008 Annual Purchase orders MUED.docx Exhibit "C" Annual Agreements With Babcock Laboratories DG Energy Services, Inc. dba RS Instruments & Services TESCO Controls Inc. 7 1 \Resolutions\Res 8000-8099\8008 Annual Purchase orders MUED.docx NPS-2.1 (2/6/19) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR EQUIPMENT AND SUPPLIES This agreement for the provision of wastewater vacuum/sewer jet truck support, parts, and service ("Agreement") is made and entered in this 6th day of August, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Plumbers Depot, 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 wastewater vacuum/sewer jet truck support, parts, and service 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," 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 1 City shall make available to Contractor information in its possession that may assist Contractor in perfonning the Services. 3.2 City designates Chns Boatman, Municipal Utilities and Engmeenng 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 tern of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the "Initial Tern") 1 NPS-2.1 (2/6/19) 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 Contractor's performance of the Services shall not exceed the amount of One Hundred Twenty -Five Thousand Dollars ($125,000) for the Services provided during the Initial Term. For the Initial Term and each Renewal Tenn, 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 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, 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 wntmg. Any such notice shall be deemed delivered (i) on the date of delivery in person, (ir) 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 Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 idonadlson@cityofredlands.org cityofredlands.org (909) 798-7531 Contractor Miguel Martin, Vice President Plumbers Depot, Inc. 3921 W 139th Street Hawthorn, CA 90250 miguel.martin@plumbersdepotinc.com (310) 259-5542 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 2 NPS-2.1 (2/6/19) 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 m 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" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services. B Comprehensive General Liabihty insurance with carriers acceptable to City in the minimum amount of One Milhon Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for pubhc 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 Milhon 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 mjury 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 m 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; 3 NPS-2,1 (2/6/19) (ii) issue, deny, suspend or revoke any City permit, license, apphcation, 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. 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 terns 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 terns 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 ternination 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 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, 4 NPS-2.1 (2/6/19) 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 tennmation 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 ternunation. 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 Califonua. 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 confinnation of this Agreement. CITY OF REDLANDS Paul W Foster, Mayor ATTEST e Donaldson, City Clerk Plumbers By Ma in, Vice President 5 NPS-2.1 (2/6/19) EXHIBIT "B" PRICE AND FEE BID Plumbers Depot Inc. shall provide the following labor rates associated with City's need for service and repair of the GapVac combination truck(s) and Cues TV Equipment: Item Description Price Labor Monday to Friday 7 00 a.m. to 4 00 p.m. (per hour) $106 00 Labor After hours and weekends (per hour) $225 00 8 NPS-2.1 (2/6/19) 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 securmg 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 A , 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, unmediately 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. Plumbers Depot By Miguel rtin, Vice President Date %`/,`Ad/ 9 NPS-2.1 (2/6/19) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR EQUIPMENT AND SUPPLIES This agreement for the provision of laboratory services ("Agreement") is made and entered in this 6th day of August, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Babcock Laboratories, 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 perform laboratory 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. 2.1 ARTICLE 2 — SERVICES OF CONTRACTOR The Services that Contractor shall perform are more particularly described in 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 1 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 least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. 1 L1ca\djm\Agreements\13abcock Laboratories Agreement.doc.jn NPS-2.1 (2/6/19) 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 Contractor's performance of the Services shall not exceed the amount of Two I-Iundred Ten Thousand Dollars ($210,000) 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 Ten Thousand Dollars ($210,000) for the first extended Term, and Two Hundred Ten Thousand Dollars ($210 000) for the second extended Term, bringing the total possible amount of compensation to a not -to -exceed amount of Six Hundred Thirty Thousand Dollars ($630,000) 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 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, 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, (li) 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 Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonadlson@cityofredlands org (909) 798-7531 2 Contractor Allison Mackenzie, President CEO Babcock Laboratories, Inc. 6100 Quail Valley Ct. Riverside, CA 92507 info@babcocklabs.com (951) 653-3351 x230 L:\ca\djm\Agreements\Babcock Laboratories Agreement.doc.jn NPS-2.1 (2/6/19) ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 I 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 the State of California. Contractor shall execute and provide City with Exhibit "D" entitled "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 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 Contractors 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\Babcock Laboratories Agreement.doc 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; (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 salve 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 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 L:\ca\djm\Agreements\Babcock Laboratories Agreement.doc jn whatsoever as in agent, n bind City to anti' obligation NT'S-2 I (2'6 19) oitracbr have any authority express C,r Implied, to 8 4 This; Agreement may be ter i ti.tiut(d by City' in its sole discretion. by providing not Iess than ten (1 U) days prior yvritten notice to Contractor of C ity's intent to t n'minate If this Agreement is terminated b' City ar adjustment t0 Contractor s compensation shall be made, but (() no amount shall be allowed for anticipated profit of unperformed Services, and (2) any payment dnt Contractor at the time of tcrinillation 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 slia.l.I. immediately discontinue its provision of thc. Services and, within five (5) days of the date of the termination notice (lc.livcr or otherwise mak, available to City copies (in both hard copy and eleciron)c tarn. 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 5 -Contractor shall maintain hooks 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 lave from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times (or ex iiT) Mallon by C itv at the office of Contractor This Ag,rccrnerlt. ii'it°-ltiding the Exhibits incorpor .led herein by reference, represents the entire agreement and understanding hetwfeeri the .Parties as to the inatters contained herein, and any, prior negotiation;. written proposals or verbal agreements relating to such matters are superseded by this Agreement F cept as otherwise provided for herein, any amendment to this '\greement shall be in writing, approved by City and signed by City and Contractor 8 1 1'Iiis Agreement shall be governed by and construed in accordance with the laws of die °t.ate of California. 8 $ I.f' onc or more of the sentences, clauses. paragraphs or sections contained in this ?.greement is declared invalid void or unenforceable by a court of competent jurisdiction. the sane shall be deemed severable from the remainder of this 1.grc.ement and shall not affect lr or invalidate thc remaining sentences, clauses. paragraphs or sections contained hin, unless to clo io would deprive a Party of a material benefit of its bargain under this Agreement i y/f.f."NESS Mft RI 01, duly authorized representatives of C ity and Contractor helve signed in confirmation of this Agreement. C 1TY OF REDLANDS .3y Paul tit roster, Mayor 1..1ctrdim \Agr'emcnt!',Babcock i.;,hurutoriG, ,Agr!eincntdoc.jn Babcock L,aboratc ne Pau A EES I DL. aIdSOfl ( ity Clerk 6 NM-2.1 (1,6/19) Allis( 1 .1\4ackenje. President ( .17,0 I. oldjm A uoenlo»tN \Babcock 'I. aborutm it A at ceniein ,doc,jti NPS-2.1 (2/6/19) 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 provide similar types of services. Laboratory shall be ELAP, NELAP certified, and EPA lab approved for all UCMR4 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 specified tests), and MRL check shall be conducted with each sample batch (for specified tests) Laboratory shall maintain accreditation and laboratory license to perform testing, audit most recent 3rd party audit report of quality systems (required as part of accreditation), PT Results — most recent 3rd party proficiency test results (required as part of accreditation), QA Manual — table of contents will illustrate 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 laboratorys investments in and commitment to technological advancements. Babcock Laboratories shall dedicated at least one (1) instrument for each analysis and 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 weekends when required using laboratory staff (no 3rd party pick-ups) Shall utilize web -based data reporting system, EDT (CDPH and CDX) capability, EDD (LIMS and Hach-WIMS) capability, invoices shall be submitted to the City within 30 days of 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, provide 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 3 day timeframe or sooner, bid does not include sample collection Babcock Laboratories shall provide description of the sample kits to be used, sample return method shall meet analytical hold times and cost implications, order login and acknowledgernent, method for organizing work orders, communicate with the 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 staff loss 7 L:\ca\djm\Agreements\Babcock Laboratories Agreement,doc,jn NPS-2.1 (2/6/19) Babcock Laboratories shall comply with all applicable Federal, State and local laws during the perfor►nance of these specifications. 8 L:\ea\djm\Agreements\Babcock Laboratories Agreement,doe.jn NPS-? 1 (2/6/If)) EXHIBIT "B" ,L- AND .FEE BID Babcock Laboratories BSK Associates ITEM NO EST O.TY DRINKING WATER ANALYSIS TEST METHOD- - EXTENDED PRICE EXTENDED PRICE 1 50 5 Total Alkalinity SM2320B 425.00 $ 750.00 $ 25.00 Apparent Color SM 2120B $ 27.50 3 20 Asbestos EPA 100.2 $ 3,000.00 $ 2,000.00 4 5 Carbamrates EPA 531.1 $ 265.00 $ 300.00 25 Chloride EPA 300.0 $ 212.50 $ 225.00 E? 15 Chlorinated Acid Herbicides by GC-ECD EPA 515.4 $ 1,050.00 $ 900.00 7 100 Coliform, Presence/Absence by Colilert SM 9223E $ 1,300 00 $ 1,200.00 8 9 20 Cyanide (Free) SM 4500-CN G $ 420,00 $ 600.00 2 Dioxin EPA 16t.3 $ 495.00 $ 300.00 10 5 Dic)caat and Paruat EPA 549 $ 525.00 $ :550.00 1.1. 15 EDB and DBCP by GC-ECD EPA 5041 $ 630.00 $ 585.00 12 5 Endothall by GC -MS EPA 548.1 $ 375,00 $ 375.00 13 25 Fluoride EPA 300.0 $ 212.50 $ 250.00 14 20 General Minerals See Appendix General Mineral $ 2,100.00 $ 2,000.00 15 600 General Physicals See Appendix General Physical $ 9,000,00 $ 7,20Q,00 16 17 5 10 Glyphosate by HPLC EPA 547 $ 365,00 $ 375 00 Gross Alpha by Co- precipitation SM 7110C $ 350.00 $ 300.00 18 500 Haloacetic Acids EPA 552 16,500.00 $ 17,000.00 19 20 Hexavalent Chromium (20 ppt MRL) EPA 218,7 $ 500.00 $ 500.00 20 20 Inorganics See Appendix Inorganics $ 1,500.00 $ 2,500.00 21 50 Langelier's Saturation Index (see Appendix-Langelier Saturation Index) SM 2330B $ 50.00 $ 50.00 22 50 Lead and Copper EPA 200 7 or EPA 200.8 or SM 31138 $ 750,00 S 800.00 9 \caildjni\Agraements\Babcock 1_alwialorie Aumemwill, dot: jn NPS-2.1 (2/6/19) 23* 50 MPN ( TOTAL & Fecal Coliform) SM 9221B,C,E $ 900.00 $ 1,250.00 24* 200 MPN(Total Coliform & E.coli 10 test tube) SM 9223B $ 2,600.00 $ 5,000.00 25 5 Mercury EPA 245.1 $ 65.00 $ 75.00 26 5 Metals by ICP Aluminum, Boron, Calcium, Copper, Iron, Magnesium, Manganese, Potassium, Silica, Silver, Sodium, Zinc (per element) EPA 200 7 $ 35.00 $ 40,00 27 5 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 $ 35.00 $ 40.00 28 50 Nitrate as N EPA 300.0 $ 350.00 $ 400.00 29 10 Nitrite as N EPA 300.0 $ 70.00 $ 80,00 30 5 Odor (TON) EPA 140.1M $ 27.50 $ 25,00 31 50 Organohalide Pesticides and PCBs EPA 505 $ 2,850,00 $ 2,750.00 32 50 Perchlorate (2.0 ppb MRL) EPA 314.0 $ 1,100 00 $ 1,250.00 33 10 pH SM 4500-H+13 $ 60.00 $ 50.00 34 50 Rad226-228 RA-226GA RA- 228GA $ 10,750 00 $ 6,700,00 35 100 Semi-Volatiles Organics by GC MS EPA 525.3 $ 5,000.00 $ 7,000.00 36 10 Specific Conductance SM 2510E, $ 70 00 $ 80 00 37 25 Sulfate EPA 300.0 $ 175.00 $ 200.00 38 10 Surfactants SM 5540C $ 220.00 $ 200.00 39 100 Title-22 (Full) See Appendix California Title 22 (Full) $ 106,000,00 $ 106,200.00 40 50 1,2,3-Trichloropropane (TCP) EPA 524 $ 2,500.00 $ 3,000,00 41 25 Total Dissolved Solid (TITS) SM 2540C $ 200.00 $ 250,00 42 10 Total Hardness SM 2340C $ 130.00 $ 100.00 43 80 Total Organic Carbon SM 5310B $ 1,920.00 $ 2,000,00 44 500 Trlhalomethanes EPA 524 $ 15,000.00 $ 15,000,00 10 L:\ca\djm\Agreements\Babcock Laboratories Agreement.doc.jn NP‘,-2 1 (2/6; 19) 45 5 Turbidity EPA 180.1. $ 25 00 $ 25.00 46 50 Voiatile Organics EPA 524 $ 2,800.00 $ 3,000,00 47 1 !Water Suitability Ratio SM 9020 $ 245.00 350,00 48 49 1.€? UCMR4 AM1 (Nov2019- Feb2020) (price to include any additional analysis of any sample that fail UCMR detection 'equiernents) UCMR4 AMJ. $ 9,540,00 $ 10,440.00 30 UCMR4 AM2 (Nov2019- Feb2020) (price to include any additional analysis of any sample that fail UCMR detection requiements) UCMR AM2 $ 2,640.00 $ 5,250.00 50 25 Uranium EPA 200 8 $ 625,00 $ 750.00 Increase in amount in the event of a failure in the in-house laboratory equipment. ITEM NO EST QTY C�RtNKING WATER- WASTEWATER: TEST METHOD $ 205,985.00 EXTENDED PRICE(QTY X UNIT PRICE) $ "210;090:00 EXTENDS© PRICE(QTY X UNIT PRICE) 51 25 Anions(CI, F NO2 NO3,504 &PO4 P) EPA 300,0 $ 1,000,00 $ 1,200.00 25 Chloride EPA 300.0 $ 212.50 $ 200 00 Fluoride EPA 300,0 $ 212.50 $ 200.00 54 25 Nexavalent Chromium (20 pot MRL) EPA 218.6 $ 625.00 $ 750.00 S5 25 Mercur EPA SM 9221B,C,E 245.1 $ 350.00 $ 375,00 56 25 MPN(Total & Fecal coliforrrs) $ 625,00 $ 1,000.00 57 65 Metals by ICP Sodium and Boron (per element) EPA ^)00 7 $ 520.00 $ 520.00 58 65 Metals by ICPMS Sodium and Boron (per element) EPA 200.8 $ 520.00 $ 520.00 1! I, \ca\djm\AFreetnents\Rabcock I abrruloi ir. Agrecmcnt.doc jn 60 61 62 5 )5 25 25 25 64 25 25 25 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 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 Nitrate as N Nitrite as N Orthophosphate as P Phenolic Compounds Silica Strontium by ICPMS Sulfate Cyanide Fre 25 e 25 Cyanide Total 10 Total Hardness Total Kjeldahl 25 Nitrogen L00 Total Organic Carbon 73 25 Turbidity WASTE ATE SLUDGE -(ACCORDING TO -METHODS IN:SW 846, EXCEPT TOTAL CQLUFQRM) EPA 200.7 PA 200. EPA 300,0 EPA 300.0 EPA 300.0 and/or HACH 8048 EPA 420.4 EPA 200 7 EPA 200.8 EPA 300.0 SM 4500CNF EPA 335.4 SM 2340C EPA 351,2 SM 531.0B SM 2130B or EPA 180.1 SUBTOTAL TEST ETHD 12 L`\ca\djnriAbreemLnts14:3ahrock 1.kibor,aont% Agrcci iont_ducjn NPS-2 I (2/6/19) 3,025.00 $ 3,175.00 0 175,00 250,00 $ 875,00 $ 175 00 $ 175.00 175.00 550.00 500.00 140.00 $ 625.00 2,400.00 125.00 3,125.00 $ 200 00 200.00 $ 375.00 $ 750,00 $ 200,00 $ 200.00 $ 200,00 $ 625.00 a 625.00 100.00 $ 600.00 $ 2,000.00 $ ? 50.00 c 17, 40.00 *EXTENDED. PRIGS *EXTENQED`PRICE (QTY X UNIT PRICE j_ (QT`t'X UNIT PRICE) NPS-2.1 (2f(II9) 74 10 Ammonia as N EPA 350 1 160,00 $ 250.00 75 1 Dioxin/Dibenzofurans EPA 8290E (with a detection limit of 1 mg/g) 650,00 $ 650,00 76 25 I je�cavalent Chromium (10 ppt MRL) EPA 7196 $ 625.00 750..00 77 78 25 Mercury EPA 7471A $ 300.00 $ 375.00 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 EPA 5Ver845 Series $ 175,00 $ 200.00 79 25 Nitrate as N EPA 9056 $ 187,50 $ 200.00 80 2 Paint Filter Test EPA 9095 $ 100.00 $ 150.00 81 10 Percent Solids SM 2540E $ 140.00 $ 100.00 S2 25 Total Kjeldahl Nitrogen EPA 351.2 $ C25.00 $ 600.00 i3 2 Toxicity Characteristics Leaching Procedure FPA Method 1311 or EPA 6020 100.00 $ 1.00.00 SLUDGE (ACCORDIPiG TO METHODS INSW-B46, EXCEPT TOTAL.COLIFORM) = SUBTOTAL - _ S 3,O62.5€1- $ $i375.00 --ITEM NO. EST QTY PRIORITY POLLUNTANTS LIST TEST METHOD *EXTENDED PRICE(QTY X UNIT PRICE); *EXTENDED PRICE(QTY X UNIT PRICE) 84 1 Annual Current list 126 Priority Pollutants (EPA 40 CFR Part 423, Appendix -Partial Priority Pollutant List) E,:clude Asbestos Refer to EPA, 40 CFR Part 423, Appendix -Partial Priority Pollutant List S 799.00 $ 750.00 1.•\cultljnAA12,reements\13abcocic I ul.'uturi ent.cicis.,j 13 85 EST,Q t_. 6 Quarterly' Partial Priority Pollutants List (To be determined by detected pollutant from Line Item 4 83 ) Exclude Asbestos PRIORITY.P+OLLUTENTS $SG SAMPLING .($SMP) Total Coliforms and E. coli 87 ITtiA- niA Ett QTlt Ammonia, (Total) Refer to EPA, 40 CFR Part 423, Appendix• Partial Priority Pollutant List SUETaTAt, TEST M TFl I3 Quantitray SM 9223 B 885 00 t8X7'8NC_EIO Pii1 E (QTY` - SNIT 1.62.00 NPS-2 I (2(6/I9) 25,00 $ 1575.©0 XTE PRICE 360,00 ANIPLI {$ ME1 INDUSTRIAL MO ITI [NG ANI FlUN INE MNITIt 88 89 90 Arsenic Barium Bore 91 Cadmium 92 9 1 Chemical Oxygen Demand SM 4500 NH3N SUBTOTAL i£ TM 'THO EPA 200.7 or EPA 200.8 EPA 200.7 or EPA 200.8 EPA 200.7 or EPA 200,8 EPA 200 7 or EPA 200.8 EPA approved method Chloride 94 95 9 Chromium (Total) Copper Cyanide 97 98 99 100 1 n Lead EPA 300.0 EPA 200 7 or EPA 200.8 EPA 200.7 or EPA 200.8 SM 4500-CN C,D,E EPA 200.7 or EPA 200.8 Manganese Mercury Ijm\A4rc.ernent:Aliabcoc.F. Laboruror)cs Agreut EPA 2.00 7 or EPA 200 8 EPA 200.7 or EPA 200.8 EPA 200.8 ent.doc,jn ) 4 157.50 $ 31950 180,00 $ - 54008 *ITC E PRICE- _ 'ETEND PRICE (QTY X UNI :PRIED° (QtY X°UNI Prilco Nl'S-2 1 (2/6/19) 101 102 1 Nickle EPA 200 7 or EPA 200.8 $ 7.00 Y ft.00 1 Oil &. Grease EPA 1664A 4 30.00 $ 50 00 103 1 Selenium EPA 200.7 or EPA 200.8 EPA 200 7 or EPA 200.8 $ 7 00 rt 8.00 104 1 Silica $ 7 00 $ 8.00 105 1 Silver EPA 2007orEPA 200.8 $ 7.00 $ 8,00 106 1 Sodium EPA 200 7 or EPA 200.8 $ 7 00 $ 8.00 107 1 Total Dissolved Solids SM 2540C $ 8 00 $ 15 00 1.08 1.09 1 Total Suspended Solids SM 25408 $ 9 00 $ 15 00 1 Zinc EPA 200.7 or EPA 200,8 $ 7 00 $ 8,00 110* 10 item; i18 109 ar a p= ckxge Iv ' ao4 ii dicated 'n items 88.1.00 $ 1,700.00 $ 2,000.00 *Individual pricing as well as package pricing needed because at any time we may only test fora certain number of pollutant rather than the full list of pollutants. FT M INDU ;Ttt1AL_MOf+lt1'. ("RUCK-f '� iY 7ft1NG AND iNE NIONI7t7RING:' � = Sif}RI111WATEii- -WwmM€1HOf _ ' UR t T. •TE$TNO: _ 5 90' 50 zs ' EXTEND8DPRIGS (QTY X°(MIT .Ptilr: } .., _ 2 263.00 °-*EXTEh!3Ep;PRtCE -X 41.NIT PUGS}= . 111 1 Enterococci SM 92305 $ 49.00 $ 50,00 112 1 E cull SM 9221F $ 22 00 $ 20.00 11 1 Iron (Total) EPA 200.7 or EPA 200.8 $ 7.00 $ 8,00 114 1 Cadmium (Total) EPA 200.7 or EPA 200,8 $ 7.00 $ 8,00 1.15 1 Copper (Total) EPA 2007orEPA 200.8 $ 7.00 $ 8.00 116 1 Lead (Total) EPA 200.7 or EPA 200,8 $ 7.00 $ 8.00 117 1 Total Suspended Solids (TSS) SM 25408 $ 9.00 $ 1.5.00 118 1 Oil & Grease EPA 1664A 4 30.00 $ 50.00 119* 5 Item! 111 118 d :a packat8c Cetus. indicated in items 11.1 11t? $ 650 00 $ 625.Ci0 Individual pricing as well as package pricing needed because at any time we may only test fora certain number of pollutant rather than the full list of pollutants. 15 I. aiil.jnt;Agraemanis\Cial)wek t tiboratnries Agreemeni.doc.,jn STORM ti ATER SAMPLING.'WWT 1 Enterocacci E coli Iron (Total) Cadmium (Total) Copper (Total) 125 1. Lead (Total) Total Suspended 126 1 Solids (TSS) 127 1 Oil & Grease Selenium( (Total Iver (Total) ercury (Total) Arsenic (Total) Cyanide (Total) Magnesium (Total) It,,m 120.12, n package 1, \.u\ in''1grecnlenlsil3shcowk I. S1TQTti M 92306 EPA 200.7 ar EPA 200,8 EPA 200.7 or EPA 200.8 EPA 200.7 or EPA 200.8 EPA 200,7 or EPA 200.8 SM 25408 EPA 1664A 4500 NH3H EPA 200.7 or EPA 200.8 EPA 200.7 ar EPA 200.8 EPA 200.8 EPA 200,7 or EPA 200.8 SM 4500-CN C,D,E SM 4500 NH3H EPA approved method 4elhod inaicated In iterrl: 120-135 TOTAL SUM BID bor.uurie. ' remonLdoc,in 16 NP5-2.I (2/6/191 792,00 *EXTENDED PRICE (QTY x Unit Price)- 22 00 $ 20 00 7,00 $ 8.00 7 00 $ 8,00 7.00 $ 8.00 7.00 $ 8,00 $ 9.00 $ 15 00 $ 30 00 $ 50.00 $ 14 00 $ 25.00 $ 7.00 $ 8.00 7 00 $ 8.00 7 00 $ 8.00 7.00 $ 8.00 22,00 $ 25.00 700 $ 8.00 1500 $ 2500 2,000.00 $ 2,000.00 2,224 00, r $° 2 282 0 2,422SO Fiery en. plo the: following 13I"'„C to l r, )NStRAItcr CFRTTF.I(ATfON he State, shall secure the payment of compensation in one or more of (a) By being insured against liability to pay corn. perlsatacatt by one or more insurers duly authorized to write compensation itlsllranee in this State (b) 13y securing from the Director of Indus. Iial Relations a certificatt of consent to self -insure, either o-as an individual employer or as one employer in a group of employers. which may be given upon furnishing proof satisfactory to tilt Director of industrial Relations of ability to self -insure and to pay any Lompensation that may become due to his or her employees CK 0 1. am aware of the proyisicl.ns of Section 3700 of the 1. abor Code whit h requires :very 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 per('ormanee.. or the work and activities required or permitted under this Aareement (Labor Code § 1861) I affinu that at all tonics, in perfor Ding thc work and activities required ar permitted under this 1greemeut. 1 shall not employ any person in any manner inch that 1 become subject to the workers compensation laws of' California. .Fio\vever at any time. if I employ any person such that 1 become subject to the worker compensation laws of California. immediately 1 shall provide the City with a certificate of consent to self -insure or a certification of workers Lompensat,ion insuI'a.ilet:. I certify under penalty of perjury under the laws of the State of i ahfornia that the information and representations made in this certificate arc true and correct. Babcock l..,aborator.ie lnc By `Allison Mackenzie, 1='resid.cti ;CLC.? 17 i; \ca\djtrr\ttgrcL neuts11A)cr :I, I shnialuric. A�,rre�n enLdoc ju Date. NPS-2.2 (04/$719) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of Annual Maintenance of Equipment and Training to Public Buildings and/or grounds ("Agreement") is made and entered in this 6th day of August, 2019 ("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 "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 Annual Maintenance of Equipment and Training to Public Buildings and/or grounds services for City (the "Services") 1.2 The Services shall be perfonned 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," entitled "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 0 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 1 1 11 NPS•2.2 (04/$/19) 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, 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 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 andcomplete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A" entitled "Scope of Services." The Services shall commence as of 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 "Term"). 4.2 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit "C", 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 Total compensation for Contractor's performance of the Services shall not exceed the amount of [Eighty Five Thousand Dollars ($85,000). City shall pay Contractor on a time and materials basis up to the not to exceed amount in accordance with Exhibit "B," entitled "(Price and Fee Bid)," attached hereto and incorporated herein by reference. 5.2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor's invoices shall include a brief description of the 2 NPS-2.2 (04/$/19) 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, 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 Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 idonaldson@cityofredlands.org (909) 798-7531 Contractor David Hartwig, Sales Representative D & H Water Systems, Inc. 603 Seagaze Drive, #241 Oceanside, CA 92054 david@dandhwatersystems.com (760) 722-6893 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 the State of California. Contractor shall execute and provide City with Exhibit "D" entitled "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 3 NPS-2.2 (04/8/19) C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single hmit 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, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. 4 NPS-2.2 (04/8/19) 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 ether 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 stole 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 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 requiredto 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 (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 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 shh matters are superseded by this Agreement. Except as otherwise provided for herein, any 5 NPS-2.2 (04/8/19) 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 invandate 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 Paul W Foster, Mayor ATTEST e Donaldson, City Clerk D & H Water Systems, Inc. By. David Hartwig, Sales Representative 6 NPS-2.2 (04/2/19) EXHIBIT "A" SCOPE OF SERVICES D & 1 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 Dis-assemble, Clean, and Inspect wed -ends 2. Install new 0-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 PTF'E 6 MM OD 4 MM ID 2 W2T13044 ELECTROLYTE, GEL (BOTTLE) 4 W2T11674 RING,• `• 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 Dis-assemble, inspect, and clean equipment 2. Replace any parts identified as compromised 3 Install preventative maintenance kits 4 Calibrate and program equipment per manufacturer recommendations 5 Test equipment 7 NPS-2.2 (04/8/19) EXHIBIT "B" PRICE AND FEE BID WASTEWATER ANNUAL SERVICE LOT MATERIALS REQUIRED FOR SERVICE See Scope of Work Exhibit "A" $ 3,232 74 SERVICE TIME AND TRAVEL 8 -- Hours Service Time 4 — Hours Travel Time 130 Miles $ 1,280 00 $ 640 00 $ 71 50 TOTAL $ 5,224.24 Price per occurrence one time a year WATER ANNUAL SERVICE LOT MATERIALS REQUIRED FOR SERVICE See Scope of Work $ 4,738.97 SERVICE TIME AND TRAVEL 45 — Hours Service Time $ 7,200 00 5 — Hours Travel Time $ 800 00 720 Miles $ 396.00 5 — Nights Per Diem $ 1,000 00 TOTAL $14,134 97 Price per occurrence one time a year AS NEED SERVICES AT THE RATES LISTED BELOW Service Time per hour Travel Time per hour Per Mile Night Per Diem $ 160 00 $ 160 00 $ 00.55 $ 200 00 The cost for parts shall not exceed the actual cost plus 20% percent mark-up 9 NPS-2.2 (04/$/19) 10 NPS-2.2 (04/8/19) 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 insulters 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 compensationthat 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 & H Water Systems, Inc. By David Hartwig, Sales Representative Date. g//-87 12 NPS-2.2 (04/8/19) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of Service and Support for SCADA Control System ("Agreement") is made and entered in this 6th day of August, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Tesco Controls ("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 Service and Support for SCADA Control System 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," entitled "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 0 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 1 L:\ca\djm\Agreements\Tesco Controls NPS-2.2.docjn NPS-2.2 (04/8/19) 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, 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 Chris Boatman, Interim Municipal Utilities and Engineering 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." The Services shall commence as of the Effective Date of this Agreement. 4.2 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 Tenn"), 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 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", in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement. 2 L:\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn NPS-2.2 (04/8/19) ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 The compensation for Contractor's performance of the Services shall not exceed the amount of Four Hundred Twenty Three Thousand Seven Hundred Eighty Four Dollars ($423,784) 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 Four Hundred Twenty Three Thousand Seven Hundred Eighty Four Dollars ($423,784) for the first Extended Term, and Four Hundred Twenty Three Thousand Seven Hundred Eighty Four Dollars ($423,784) for the second Extended Term, bringing the total possible amount of compensation to a not -to -exceed amount of One Million Two Thousand Twenty Seven Thousand Three Hundred Fifty Two Dollars ($1,271,352) 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," entitled "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, 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 Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org (909) 798-7531 Contractor Louis Smith, Regional Manager Tesco Controls 42015 Remington Ave., Suite 102 Temecula, CA 92590 lsmith@tescocontrols.com 916-669-4006 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 3 L.\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn NPS-2.2 (04/8/19) 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" entitled "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 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 approve a rate, rule or regulation, or adopt or enforce a City law; issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; 4 L:\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn NPS-2.2 (04/8/19) (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 perforin 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 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 (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 5 L.\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn NPS-2.2 (04/8/19) 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. 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(' Paul W Foster, Mayor ATTEST ne Donaldson, City Clerk 6 TESCO CONTROLS Lcalic Sa4 er L.\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn NPS-2.2 (04/8/19) EXHIBIT "A" SCOPE OF SERVICES Tesco shall provide for the City's Water & Wastewater Division's an Extended Preventive Maintenance and System Service (EMASS) for specified equipment, Wonderware Customer First Program, and support services on an as needed basis and emergency services for the City's SCADA control system adhering to City IT policy and procedures where applicable Scope of services includes but is not limited to EMASS SCADA HARDWARE/SOFTWARE SPECIALIZED PREVENTATIVE MAIN- TENANCE & SUPPORT SERVICES • Perform a thorough system evaluation that includes specialized hardware preventative maintenance and diagnostics. Perform software system backup, diagnostics, and configuration evaluation. Services shall be prescheduled and performed annually onsite, and include o SCADA System Hardware Cleaning o SCADA System Diagnostics o SCADA System Software Services o SCADA System Configuration Evaluation o SCADA System Service Report EMASS MCC / VFD / RVSS / PUMP CONTROLS SPECIALIZED PREVENTATIVE MAIN- TENANCE & SUPPORT SERVICES • Provide site visits to perform specialized preventative maintenance to include system inspection, verification, and equipment cleaning. Services shall be prescheduled and performed annually onsite EMASS PLC / RTU / CONTROL PANEL SPECIALIZED PREVENTATIVE MAIN- TENANCE & SUPPORT SERVICES • Provide site visits to perform specialized preventative maintenance, including system inspection, verification, and equipment cleaning. These services will be prescheduled and performed annually onsite EMASS INSTRUMENTATION MANAGEMENT SERVICES • Perform annual instruments functional performance verification services for field instruments. • Performance diagnostics, battery checks and loop checks • Verify instruments output at the SCADA computer when applicable 7 L:\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn NPS-2.2 (04/8/19) • Provide performance verification certification stickers for instruments verified. EMASS FIELD INSTRUMENTS VERIFICATION • Field instruments shall be performance verified and flow meter range verification of inputs and outputs shall be performed. WONDERWARE CUSTOMER FIRST PROGRAM • Provide software version upgrades (new release of software, software updates, maintenance releases, service packs, security updates, hotfixes, and patches) • Provide technical Support from Invensys Support Center (Access to Global Customer E- Support website, user documentation, tech notes, and downloads) and phone support (M- F, 8.00AM- OOPMPST), • Provide live and recorded online seminars and access eLearning webinars • Provide access to Wonderware Security Central Home Website. • Provided discounts rates for software licenses upgraded to larger or newer software release/platform AS NEEDED PROGRAMMING AND INTEGRATION • Provide programming modifications, development, engineering and design, repairs, security and firmware updates and integration services of various control systems including o PLCs o RTU stations o Servers o Networking and radio telemetry o Mobile devices and remote connectivity devices o Hardware and end point devices o Software including software licensing o Wonderware and Win-911 applications o Software updates when available to improve system function. AS NEEDED FIELD SERVICE • Install, troubleshoot, repair and replace various hardware and control system components and devices. AS NEEDED MOTOR CONTROL CENTER (MCC) EQUIPMENT 8 L.\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn NPS-2.2 (04/8/19) • Provide Motor Control Center (MCC) equipment, design, repair, installation and related trade labor and materials. 24 HOUR EMERGENCY SERVICE • Provide 24 hour emergency response support for various control system application. DOCUMENTATION • Provide all as built documentation for any system modifications or installations. As built documentation to be delivered in electronically and paper back formats • Provide detailed quotations with breakouts of hourly rates and service categories per the rate sheet attached. Quotations to include scope of work to be performed and warranty periods. • Provide detailed service reports to support invoicing. Service reports shall include service categories and notice of completion date for warranty TRAINING • Train City staff as requested on operation and maintenance of control systems software and devices. WARRANTY OF WORK • Tesco Controls shall guarantee the Work against defective materials or workmanship for a period of one (1) year from the date of completion date specified in any Notice of Completion, except where longer warranty periods are specifically stated. • Any defective material or workmanship which may be discovered before final acceptance or within one (1) year from the completion date specified in any Notice of Completion shall be corrected immediately by Tesco Controls at their own expense notwithstanding that it may have been overlooked in previous inspections and estimates. Failure to inspect work at any stage shall not relieve Tesco Controls from any obligation to perform sound and reliable work. ANNUAL EMASS SERVICES Item Description for Water Division 1 SCADA Hardware/Software Specialized Preventative Maintenance & Support Services: Perform a thorough system evaluation that includes specialized hardware preventative maintenance and diagnostics. Perform software system backup, diagnostics, and configuration evaluation. These services will be prescheduled and performed annually onsite, and include: SCADA System Hardware Cleaning: • Cleaning and inspection of equipment covered by agreement • Evaluate physical condition of equipment • Evaluate location of equipment and environment 9 L:\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn NPS-2.2 (04/8/19) 2. • Check power protection devices such as Surge Protection and UPS devices • Verify Manufactured date versus Manufactured End -of -Life date SCADA System Diagnostics. ■ Verify for RAM, CPU and Hard Disk utilization ▪ Evaluation of error logs and record major events for operating system and control system software • Run virus check on all hard drives SCADA System Software Services: • Version verification of installed operating system software • Version verification of all installed control system software ■ Verification of software compatibility on existing system • Evaluate software compatibility with currently supported Operating System's manufacturers at the time of evaluation. • Generate backups of critical application files and historical data SCADA System Configuration Evaluation. • Evaluate redundancy ■ Evaluate data backup and recovery ■ Evaluate historical data capture methods and storage ■ Verification of existing software configuration and functionality SCADA System Service Report: ■ Data collection and assimilation • Detailed report generation to include: • Physical equipment serviced • Diagnostic data gathered during the service visit • Overall SCADA system and individual category health scores • Recommendations categorized by Hardware, Software and Configuration • Software backup files taken during the service visit SCADA System/Equipment Covered. The above -listed support service applies to the following SCADA hardware/equipment: • Two (2) SCADA computers; SCADA software Wonderware InTouch (HAWC) • Two (2) SCADA computers; SCADA software Wonderware InTouch (Tate WTP) • Two (2) SCADA computers; SCADA software Wonderware InTouch (Hinckley WTP) Four (4) Panasonic tough books laptops for remote connection to SCADA system MCC / VFD / RVSS / Pump Controls Specialized Preventative Maintenance & Support Services: TESCO shall provide site visits to perform specialized preventative maintenance, including system inspection, verification, and equipment cleaning. These services will be prescheduled and performed annually onsite, and include: • Exterior and Interior checks of the cabinet paint condition, door operations, seals and gaskets, checks of door mounted controls and switches, and exterior mounted generator receptacle check if applicable. • Vacuum of dust and debris inside the cabinet • Visually inspect connections • Check for moisture intrusion • Check for rodent/insect intrusion ■ Check ventilation fans for proper operation and clean filters as needed • Check for loose connections and signs of overheating • Infrared Thermal Image Scan(s) for verifying/identifying poor connections, resistive "hot spots", and potentially failing equipment (Note: Equipment needs to run for at least 30 minutes) ■ Check current and voltage output • Confirm motor Drive ventilation clearances have not been obstructed • Confirm motor Drive paneling and covers are in place and properly closed Sites/Equipment Covered. 10 L:\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn NPS-2.2 (04/8/19) 3 The above -listed support service applies to the following sites/equipment: ■ One (1) 3MCCA lineup with control section (Hinckley WTP) • One (1) 3MCCB lineup with control section (Hinckley WTP) • One (1) 5MCC lineup with control section (Hinckley WTP) ▪ One (1) MCC-SDS (I-linckley WTP) ■ One (1) 4MCC (Hinckley WTP) Remote Sites. • One (1) MCC lineup (5th Ave booster pump station/reservoir) • One (1) MCC lineup (Agate booster pump station/reservoir) • Two (2) MCC lineup (Country Club 1 and 2 booster pump station/reservoir) ■ One (1) MCC lineup (Dearborn booster pump station/reservoir) ■ One (1) MCC lineup (Highland (HAWC) booster pump station/reservoir) • One (1) MCC lineup (Mill Creek 1 and 2 booster pump station/reservoir) • One (1) MCC lineup (Sand Canyon booster pump station/reservoir) • One (1) MCC lineup (Smiley booster pump station/reservoir) ■ One (1) MCC lineup (South booster pump station/reservoir) • One (1) MCC lineup (Texas Street booster pump station/reservoir) ■ One (1) MCC lineup (Ward Way booster pump station/reservoir) PLC / RTU / Control Panel Specialized Preventative Maintenance & Support Services: TESCO shall provide site visits to perform specialized preventative maintenance, including system inspection, verification, and equipment cleaning. These services will be prescheduled and performed annually onsite, and include: ■ Exterior and Interior checks of the cabinet paint condition, door operations, seals and gaskets, and checks of door mounted controls and switches. • Vacuum of dust and debris inside the cabinet • Check for moisture intrusion • Check for rodent/insect intrusion • Check fan and heater functional performance ■ Visually inspect battery backup and UPS • Verify Controller's power supply voltage • Check and verify PLC processor and I/O Modules connections • Check for excessive heat and loose connections • Check telemetry equipment cabling and connections ■ Seat terminal blocks and all relays Plants Sites/Equipment Covered. The above -listed support service applies to the following sites/equipment: ■ One (1) PLC Control panel, RTU-100 (Hinckley WTP) • One (1) PLC Control panel, RTU-200 (Hinckley WTP) • One (1) PLC Control panel, Flocculator RTU-200A (Hinckley WTP) ■ One (1) PLC Control panel, Flocculator RTU-200B (Hinckley WTP) • One (1) PLC Control panel, Recycle pumps RTU-200C (Hinckley WTP) • One (1) PLC Control panel, RTU-300 (Hinckley WTP) • One (1) PLC Control panel, Agate Reservoir RTU-400 (Hinckley WTP) • One (1) VFD panel, FTW Pump 4P-6 (Hinckley WTP) • One (1) PLC Control panel, Agate Reservoir "B" panel (Hinckley WTP) ■ One (1) Radio panel (Hinckley WTP) Remote Sites. ■ One (1) RTU panel (5th Ave reservoir) • One (1) RTU panel (Agate reservoir) • One (1) RTU panel (Agate 2 well) • One (1) RTU panel (Arroyo reservoir) ■ Two (2) Tesco L300 PLC panels (Country Club 1 and 2) ■ One (1) RTU panel (Crafton reservoir) 11 L.\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn NPS-2,2 (04/8/19) • One (1) RTU panel (Dearborn reservoir) • Two (2) Tesco L300 PLC panels (Highland reservoir) • One (1) RTU panel (Margarita reservoir) PLC / RTU / Control Panel Specialized Preventative Maintenance & Support Services. TESCO shall provide site visits to perform specialized preventative maintenance, including system inspection, verification, and equipment cleaning. These services will be prescheduled and performed annually onsite, and include: • Exterior and Interior checks of the cabinet paint condition, door operations, seals and gaskets, and checks of door mounted controls and switches. • Vacuum of dust and debris inside the cabinet • Check for moisture intrusion • Check for rodent/insect intrusion • Check fan and heater functional performance • Visually inspect battery backup and UPS • Verify Controller's power supply voltage • Check and verify PLC processor and I/O Modules connections • Check for excessive heat and loose connections • Check telemetry equipment cabling and connections • Seat terminal blocks and all relays Plants Sites/Equipment Covered. The above -listed support service applies to the following sites/equipment: • One (1) PLC Control panel, RTU-100 (HinckleyWTP) ■ One (1) PLC Control panel, RTU-200 (HinckleyWTP) ■ One (1) PLC Control panel, Flocculator RTU-200A (Hinckley WTP) ■ One (1) PLC Control panel, Flocculator RTU-200B (HinckleyWTP) ■ One (1) PLC Control panel, Recycle pumps RTU-200C (Hinckley WTP) • One (1) PLC Control panel, RTU-300 (Hinckley WTP) ■ One (1) PLC Control panel, Agate Reservoir RTU-400 (Hinckley WTP) ■ One (1) VFD panel, FTW Pump 4P-6 (Hinckley WTP) ■ One (1) PLC Control panel, Agate Reservoir "B" panel (Hinckley WTP) ■ One (1) Radio panel (Hinckley WTP) Remote Sites. • One (1) RTU panel (5th Ave reservoir) ■ One (1) RTU panel (Agate reservoir) ■ One (1) RTU panel (Agate 2 well) • One (1) RTU panel (Arroyo reservoir) • Two (2) Tesco L300 PLC panels (Country Club 1 and 2) ■ One (1) RTU panel (Crafton reservoir) • One (1) RTU panel (Dearborn reservoir) • Two (2) Tesco L300 PLC panels (Highland reservoir) • One (1) RTU panel (Margarita reservoir) • Two (2) Tesco L3000 PLC panels (Mill Creek 1 and 2 reservoirs) ■ One (1) RTU panel (Sand Canyon reservoir) ■ One (1) RTU panel (Smiley reservoir) • One (1) RTU panel (South reservoir) ■ Two (2) Tesco L3000 PLC panels (Sunset reservoir) • Two (2) Tesco L3000 PLC panels (Texas Grove reservoir) • Three (3) RTU panels (Wells 30A, 31A and 32) • One (1) RTU panel (Ward way reservoir) • One (1) Radio panel (HAWC) • One (1) RTU panel (HAWC) ■ One (1) PLC control panel (Well 41) 4 Instrumentation Management Services. • Provide EMASS service representative(s) to perform annual instruments functional performance verification services for field instruments. 12 L.\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn NPS-2.2 (04/8/19) • Performance diagnostics, battery checks and loop checks. • Verify instruments output at the SCADA computer when applicable. • Provide performance verification certification stickers for instruments verified. • Note: Responsibility of the Owner is to provide safe access to instruments located in designated as `Confined Space Envy areas and instruments located at higher reach. Field instruments to be performance verified; flow meter range verification of inputs and outputs. Twenty (20) Instruments Covered to be performance verified. • Two (2) FCI ST98 gas flow meters (WWTP Blower building) • Two (2) Foxboro 9100A series magnetic flow meters (WWTP Clarifier building) • One (1) Foxboro 9100A series magnetic flow meter (WWTP DAF building) • One (1) Foxboro temperature transmitter (WWTP Flare building) • One (1) Outdoor HACH SC100 chemical analyzer (WWTP) • One (1) Controlotron 1010 multifunction ultrasonic flow meter (Mountain View lift station) ■ Two (2) Foxboro methane gas flow meters (WWTP Digesters 1 and 2) • Two (2) Fox 10A gas flow meters (WWTP Digesters 1 and 2) ■ Two (2) FCI 81A gas flow meters (WWTP Digester 3 building) • Five (5) Foxboro 9100A series magnetic flow meters (WWTP Primary sludge system) ■ Two (2) Foxboro 9100A series magnetic flow meters (WWTP WAS DAF system) 5 Motor Control Center (MCC) Equipment As needed provide Motor Control Center (MCC) equipment, design, repair, installation and related trade labor and materials Item Description Wastewater Division 1 SCADA Hardware/Software Specialized Preventative Maintenance & Support Services: Perform a thorough system evaluation that includes specialized hardware preventative maintenance and diagnostics. Perform software system backup, diagnostics, and configuration evaluation. These services will be prescheduled and performed annually onsite, and include. SCADA System Hardware Cleaning: • Cleaning and inspection of equipment covered by agreement • Evaluate physical condition of equipment • Evaluate location of equipment and environment • Check power protection devices such as Surge Protection and UPS devices • Verify Manufactured date versus Manufactured End -of -Life date SCADA System Diagnostics. ■ Verify for RAM, CPU and Hard Disk utilization ■ Evaluation of error logs and record major events for operating system and control system software • Run virus check on all hard drives SCADA System Software Services. • Version verification of installed operating system software • Version verification of all installed control system software • Verification of software compatibility on existing system • Evaluate software compatibility with currently supported Operating System's manufacturers at the time of evaluation. ■ Generate backups of critical application files and historical data SCADA System Configuration Evaluation. • Evaluate redundancy • Evaluate data backup and recovery • Evaluate historical data capture methods and storage • Verification of existing software configuration and functionality 13 L.\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn NPS-2.2 (04/8/19) ■ SCADA System Service Report: • Data collection and assimilation ■ Detailed report generation to include. Physical equipment serviced Diagnostic data gathered during the service visit Overall SCADA system and individual category health scores Recommendations categorized by Hardware, Software and Configuration Software backup files taken during the service visit SCADA System/Equipment Covered. The above -listed support service applies to the following SCADA hardware/equipment: Three (3) SCADA computers; SCADA software— Wonderware InTouch 2. MCC / VFD / RVSS / Pump Controls Specialized Preventative Maintenance & Support Services: TESCO shall provide site visits to perform specialized preventative maintenance, including system inspection, verification, and equipment cleaning. These services will be prescheduled and performed annually onsite, and include: • Exterior and Interior checks of the cabinet paint condition, door operations, seals and gaskets, checks of door mounted controls and switches, and exterior mounted generator receptacle check if applicable. • Vacuum of dust and debris inside the cabinet • Visually inspect connections • Check for moisture intrusion • Check for rodent/insect intrusion ■ Check ventilation fans for proper operation and clean filters as needed • Check for loose connections and signs of overheating • Infrared Thermal Image Scan(s) for verifying/identifying poor connections, resistive "hot spots", and potentially failing equipment (Note: Equipment needs to run for at least 30 minutes) ■ Check current and voltage output • Confirm motor Drive ventilation clearances have not been obstructed • Confirm motor Drive paneling and covers are in place and properly closed Sites/Equipment Covered. The above -listed support service applies to the following sites/equipment: ■ One (1) MCC AA (WWTP Blower building) ■ One (1) MCC (WWTP Clarifier building) • One (1) MCC (WWTP DAF building) • One (1) MCC (WWTP Flare building) • One (1) MCC (Building 1 at WWTP) • One (1) MCC (Mountain View lift station) • One (1) MCC (WWTP Digester 3 building) • Two (2) MCCs (WWTP Headworks building) • One (1) MCC (WWTP Primary DAF system) • One (1) MCC (WWTP Primary sludge system) • One (1) MCC (WWTP Supernatant system) • One (1) MCC (WWTP WAS DAF system) One (1) Allen Bradley AFD panel (WWTP WAS DAF system) 3 PLC / RTU / Control Panel Specialized Preventative Maintenance & Support Services: TESCO shall provide site visits to perform specialized preventative maintenance, including system inspection, verification, and equipment cleaning. These services will be prescheduled and performed annually onsite, and include. ■ Exterior and Interior checks of the cabinet paint condition, door operations, seals and gaskets, and checks of door mounted controls and switches. • Vacuum of dust and debris inside the cabinet • Check for moisture intrusion • Check for rodent/insect intrusion ■ Check fan and heater functional performance 14 L:\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn NPS-2.2 (04/8/19) ■ Visually inspect battery backup and UPS • Verify Controller's power supply voltage • Check and verify PLC processor and I/O Modules connections ■ Check for excessive heat and loose connections • Check telemetry equipment cabling and connections ■ Seat terminal blocks and all relays Sites/Equipment Covered. The above -listed support service applies to the following sites/equipment: • Four (4) PLC Control panels (WWTP Blower building) • Two (2) PLC Control panels (WWTP Clarifier building) • Two (2) PLC Control panels (WWTP DAF building) • One (1) PLC Control panel (WWTP Flare building) • One (1) LCP-004/PLC-004 Control panel (WWTP Headworks) • One (1) LCP-001/PLC-001 Control panel (WWTP) ■ One (1) LCP-005/PLC-005 Control panel (WWTP) ■ One (1) PLC Control panel (Mountain View lift station) ■ One (1) PLC Control panel (WWTP Barsceen) ■ One (1) PLC Control panel (WWTP Centrifuge) ■ Two (2) PLC Control panel (WWTP Digesters 1 and 2) • Two (2) Boiler Control panels (WWTP Digesters 1 and 2) ■ One (1) Level monitoring panel (WWTP Digester 3) ■ One (1) Boiler Control panel (WWTP Digester 3) • One (1) Grinders Control panel (WWTP Headworks building) • One (1) LCP 10 Control panel (WWTP) • One (1) PLC Control panel (WWTP Primary DAF system) ■ Two (2) PLC Control panels (WWTP Primary sludge system) • One (1) Control panel (WWTP Supernatant system) • Two (2) Control panels (WWTP WAS DAF system) • One (1) LCP-003 Chlorine Contact Tank ■ One (1) LCP-006 Effluent Pump station ■ One (1) LCP-007 Chemical Storage/Dosing station ■ One (1) LCP-008 MBR/Aeration facility 4 Instrumentation Management Services ■ Provide EMASS.service representative(s) to perform annual instruments functional performance verification services for field instruments. • Performance diagnostics, battery checks and loop checks. • Verify instruments output at the SCADA computer when applicable. • Provide performance verification certification stickers for instruments verified. • Note: Responsibility of the Owner is to provide safe access to instruments located in designated as Confined Space Entry areas and instruments located at higher reach. Field instruments to be performance verified, flow meter range verification of inputs and outputs. Twenty (20) Instruments Covered to be performance verified. • One (1) FCI ST98 gas flow meter (WWTP Blower building) Two (2) Foxboro 9100A series magnetic flow meters (WWTP Clarifier building) • One (1) Foxboro 9100A series magnetic flow meter (WWTP DAF building) • One (1) Foxboro temperature transmitter (WWTP Flare building) • One (1) Outdoor HACH SC100 chemical analyzer (WWTP) • One (1) Controlotron 1010 multifunction ultrasonic flow meter (Mountain View lift station) • One (1) Foxboro temperature transmitter (WWTO Co -Gen system) • Two (2) Foxboro temperature transmitters (WWTP Digesters 1 and 2) • Two (2) Foxboro level transmitters (WWTP Digesters 1 and 2) • One (1) Marsh McBirney flow meter (WWTP Digester 3 building) • Five (5) Foxboro 9100A series magnetic flow meters (WWTP Primary sludge system) Two (2) Foxboro 9100A series magnetic flow meters (WWTP WAS DAF system) 15 L.\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn NPS-2.2 (04/8/19) WONDERWARE CUSTOMER FIRST Item Qty Description 1 2 Lot One (1) Year Wonderware Customer First Program Renewal (Standard), to include • No charge software version upgrades (new release of software, software updates, maintenance releases, service packs, security updates, hotfixes, and patches), • Get your tech support questions answered for Free (M-F, 8.00AM-•00PMPST), ■ Free Technical Support from Invensys Support Center (Access to Global Customer E-Support website, user documentation, tech notes, and downloads), • Free Live and Recorded Online Seminars, • Access to library of eLearning webinars, • Access to Wonderware Security Central Home Website, and • Discounts for software licenses upgraded to larger or newer software release/platform. License Serial Numbers Water Water Water Wastewater 1452132 963601 1452138 1904879 428086 963603 1452139 1061204 1712435 1452130 1452140 1904880 9363599 1452131 1452141 1904881 1813403 1452135 1452142 1904882 401322 1452136 1452143 1904883 428085 1452137 1452144 1904884 16 L:\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn NPS-2.2 (04/8/19) EXHIBIT "B" LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and (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 , 2018, and identified as 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 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 , 201 (SEAL) (Contractor) (SEAL) (Surety) BY (Signature) (Signature) Address (Seal and Notarial Acknowledgment of Telephone( ) Surety) 17 L.\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn NPS-2.2 (04/8/19) EXHIBIT "C" PRICE AND FEE BID Professional Services Standard Rate Premium Services Emergency Services Service Contracts Factory Repairs $100 $110 $140 $95 Administrative Support $95 $105 $135 $90 Engineering Support $95 $105 $135 $90 Drafter/Designer $115 $125 $175 $110 Engineer/Designer (Electrical, Controls) $135 $145 $205 $125 Project Engineer $145 $155 $225 $135 Senior Project Engineer $160 $175 $235 $145 Project Manager $155 $165 $225 $145 Senior Project Manager $175 $185 $235 $155 PLC Applications Programmer $145 $155 $225 $135 Senior PLC Applications Programmer $160 $175 $235 $145 SCADA Applications Programmer $145 $155 $225 $135 Senior SCADA Applications Programmer $160 $175 $235 $145 Field Service Engineer/Specialist $145 $155 $225 $135 Senior Field Service Engineer $160 $175 $235 $145 Network/Communications Engineer $155 $175 $240 $150 Senior System Architect $190 $205 $255 $185 Note. Does not include expenses related to business travel, ME & I costs, per diem, or other miscellaneous fees which are evaluated case -by -case upon request. ANNUAL EMASS SERVICES CONTRACT RATE Water Division $35,000.00 Wastewater Division $24,500.00 WONDERWARE CUSTOMER FIRST PROGRAM RATES Water Division $25,969.91 Wastewater Division $10,110.00 Service Rate Categories Standard Service Rate — These rates apply to standard scope and task order activities that are under Tesco's scheduling and resource planning control. Standard rates are reserved for negotiated, planned, and well- defined/specified scopes of work where standard approach methodologies for executing work activities apply These rates may also apply to specialized preventative maintenance services. These rates do not apply to open- ended tasks or time -&-material (T&M) work orders requiring premium technical/engineering services (please refer to Premium Service Rates); the Standard Service Rate category apply to standard 'project/product delivery' work. Please consult with Tesco representative for applicable service rate. 18 L.\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn NPS-2.2 (04/8/19) Premium Service Rate — These rates apply to open-ended tasks and time -&-material (T&M) work activities where the scope of work is not well-defined requiring a non-standard approach to scope management and resource planning. Such activities require higher -level disciplines for engineering task discovery in defining scope of work requirements on an as -needed basis. These rates may also apply to scope and task order activities that require premium technical services, such as engineering assessments, engineering surveys/studies, integration activities, troubleshooting, and T&M support services. These rates do not apply to urgent, expedited, or emergency service where the rendering of services are subject to deadlines or schedules that compress or interrupt other prescheduled activities or project work (please refer to Emergency Service Rates) Emergency Service Rate — These rates apply to tasks, work activities, and/or services that are rendered where personnel and resources need to be expedited and do not follow Tesco's standard methodology for scheduling work. Such services may impact other work activities or other project work, and may require rescheduling of resources to accommodate an expedited schedule. These rates may also apply to services that need to be rendered after normal business hours, whether provided as technical phone support or onsite technical support. Please note that any onsite technical support or activity rendered as. an Emergency Service Rate may be subject to additional surcharges as follows. Emergency Onsite Service Surcharges Mobilization surcharges are applied to each emergency call/request that results in onsite activities being rendered under the Emergency Service Rate classification as defined above. These surcharges do not apply to phone support or remote VPN access support services. The following surcharges are applied to the mobilization of onsite services based on operating business hours. After Normal Business Hours, On -Call Onsite Support .$950 per incident During Normal Business Hours, On -Call Onsite Support. .$650 per incident After-hours service requests are managed through Tesco's 24/7 On -Call Support Program and facilitated through Tesco's call center and dispatched to on -call personnel. Please note that the utilization of Emergency Service Rates do not constitute an Emergency On -Call & Technical Support Service Contract or guarantee a level -of- service/response-time stipulated by those contracts. Please contact Tesco for a customized EMASS, Support, and/or On -Call Emergency Service Contract which is structured and quoted on support needs and on a system -by system basis. Although Emergency Services are expedited and scheduled promptly, mobilization is subject to availability and resource rescheduling lead-times. Please consult with Tesco representative for applicable service rate. Note Mark-up for hardware and software is cost plus 20% 19 L:\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn NPS-2.2 (04/8/19) 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. TESCO CONTROLS By. Len -is -Smith; IZ snal 1-anager__. /.(z /G?,,d-7'/Ere 20 L.\ca\djm\Agreements\Tesco Controls NPS-2.2.doc.jn Bond No. CA3192653 Premium $3,403 00 subject to renewal EXHIBIT „B„ LABOR AN1) MATERIAiL BOND -4PS-2.2 (04/Sll9) Whereas, the Cite Council of the Cit.) of Redlands, States ofsCahtbrnia, and 'I'esco Controls, Inc. (hereinafter designated as 'Principal—) have entered into an agreement (the Agreement ) whet —by Principal agrees to install and complete certain designated public improvements (the 'Work"), which said agreement, dated August 6 20 19 and identified as is hereby referred to and made a part hereof and Whereas, under tale terms of the Agreement, Principal is required before commending ending the performance of the Work, to file a good and sufficient Labo and Matarial bond with the City of Redlands to secure the claims to which reference is made f; Title 3 (commencing with section 95'0) of Part 6 of Division 4 of the Civil Code of the State o; California Now, therefore. said Principal and the undersie,ned as corporate surety are held firmly bound unto the City and all cantraetors, subcontractors. laborers. material men and other persons employed in the performance of the Agreement and referred to :n the; aforesaid Code of Civil Procedure in the sum of Dollars (: .._*. _��. ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect tc such work or Jabot, that said surety will pay the 'attic in an amount not exceeding the amount hercinabove set forth, and also in ease :uit is brought noon 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 at casts and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that thit- bond shall insure to the benefit of any and all persons, companies and corporation: entitled to file claims under Title 3 (commencing with Section 95.)0) of Part 6 of Division 4 of the t. 'vil Code, so as to give right of action to them or their a‘'sii ns in an). suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation ;hall bccc)mi null and void otherwise it shall be and remain rt full farce and effect. The surety hereby 4iputates and agrees that. no change extension of time alteration or addition to tint terms of the Agreement or the specifications accompanying the same shall in any Manner affect it, obligation en this bond. and it does hereby- w "ive notice of my such cnangc, e, tension of time alteration or addition, In witness whereat', this instrument has been ea,h- sxecutcd by the Principal arc; surety ahos e named on September 13 2019 (SEAL) Tesco Controls Inc, (C,ontr r crier) (Signature) (SEAL) Great American Insurance Company (Sure:V . ww. U (Sign tture) Breanna Bofman, ttori y-in-Fact Address 301 11 Fourth Street Cinci.o ate, OH 45202 (Seel and Notarial Aeknov)ledcntennl of Telenhone(531) 309-50g0 Surety) • Service and Support for SCADA Control System ** Four Hundred Twenty Three Thousand Seven Hundred Eighty Four and 00/100 (S423,784.00) 7 1. •\u'djmAsreeenentse'reseo control: NPS-2 2.doe.in ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento On September 13, 2019 before me, Marissa Robinson, Notary Public (insert name and title of the officer) personally appeared Breanna Bofman who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s} is/aye subscribed to the within instrument and acknowledged to me that 4e/she/$ executed the same in #is/her/tom authorized capacity(ies); and that by 4-s/her/t#eif signature(s) on the instrument the person($ or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature (Seal) 61iig:'U i Or s SON COMM. # 2255558 > NOTARY PUBLIC CALIFORNIA `i COUNTY OF SACRAMENTO w Comm Expires AUG. 24, 2022 ' s GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SEVENTEEN No. 0 15052 POWER OF. ATTORNEY K'.NOM' AIA. MEN BY THESE PRESENTS. That the GREATAMERIC,A1N INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons nained below. each individually if more than one is named. its true and lawful attorney -in -fact, for it and in its name place and stead to execute on behalf of the said Company as surety any and all bonds. undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. JOHN HOPKINS NANCY LUTTENBACHER BOBBIE BEENl' ELIZABETH COLLODI JENNIFER L.AKMANN RENEE RAMSEY Name KATHERINE J. GORDON JOHN J WEBER STEVEN L. WILLIAMS MELISSA D DIAZ SHAWNA JOHNSON BONNIE TWO BEARS Address ALL OF Chico CALIFORNIA STEPHANIE AGAPOFF SARA WALLISER BREANNA BOFMAN VICKY TROYAN JESSICA MONLUX Limit of Power ALL $100,000 000 00 'Phis Power of Attorney revokes all previous powers issued on behalf of the attorneysl-in-faet named above. IN WITNESS WHEREOF the GRE.ATAMER1CAN INSURANCE I'0MPANY has caused these presents to he signed and attested by its appropriate c.fficers and its corporate seal hereunto affixed this 15th day of' MARCH 2018 Attest GREAT AIvIERIC'AT INSURANCE COMPANY n.rststant Secretary Di%•isrorrad Sentm 'ice 'resident STATE OF 0I110, COUNTY Of' HAMILTON ss: OAVID C. K:TCHIN (67-377-2405) On this 15th day of MARCH 2018 before me personally appeared DAVID C KITC'HIN, to me known. icing duly sworn. deposes and says that he resides in Cincinnati. Ohio. that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company the Company described in and which executed the above instrument: that he knows the seal of the said Company that the seal affixed to the said instrument is such corporate seal, that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority Susan A. Kohcfst Notary Pubic, Vali de* My env isike Evires 06-16,1020 az,vtacilL(kbe This Power of Attorney is granted by authority, of Me following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9 2008. RESOLVED Thal the Divisional President. the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, of any one oftherri, he and hereb' is authorized, from tune to time, to appoint one or more 4ttorneys-in-Fact to execute on behalf of the Company, as sur.av, any and ail bond, undertakings and contracts ofsuretyship, or other written obligations ir' the nature thereof to prescribe their respective duties and the respective limits of their authority and to revoke am such appointment at any time_ RESOLVED FURTHER. That the Company seal and the signature of any of the aft» •esa.d officers and any Secretary nr assistant Secretary of the Company trim be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof such .signature card seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effec, as though manually affixed. CERTIFICATION I. STEPHEN C BERAHA, Assistant Secretary of Great American Insurance Company do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9 2008 have not been revoked and arc now in full force and effect Signed and sealed this 13th day of September 2019 Assistant Secretar Si 029AF (061,51 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness accuracy or validity of that document. State of California County of Sacramento On September 9, 2019 before me Allison K Hunter, Notary Public (insert name and title of the officer) personally appeared Shain Thomas who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature (Seal) ALLISON K, HUNTER Notary Public —California Sacramento County a Commission # 2189914 My Comm Expires Apr 6, 2021 NPS-2.2 (04/8/19) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of preventative maintenance, parts, and service ("Agreement") is made and entered in this 6th day of August, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and R & B Automation, 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 perform preventative maintenance, parts, and 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," entitled "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 0 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 1 L:\ca\djm\Agreements\R&B Automation NPS-2.2.doc.jn NPS-2.2 (04/8/19) 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, 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 Chris Boatman, Interim 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 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A." 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 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 "Term") 4.2 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit "B", 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 Fourteen Thousand Five Hundred Dollars ($114,500) for the Services provided during the 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 2 L:\ca\djm\Agreements\R&B Automation NPS-2.2.doc.jn NPS-2.2 (04/8/19) Exhibit "C," entitled "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, 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 Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands org (909) 798-7531 Contractor Amalia Rowden, President R & B Automation, Inc. 42108 Zevo Drive Temecula, CA 92590 mollie@r-bautomation.com 800-532-4752 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 the State of California. Contractor shall execute and provide City with Exhibit "D" entitled "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 3 L.\ca\djm\Agreements\R&B Automation NPS-2.2.doc.jn NPS-2.2 (04/8/19) 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 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 4 L:\ca\djm\Agreements\R&B Automation NPS-2.2.doc.jn NPS-2.2 (04/8/19) 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 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 (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 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 5 L:\ca\djm\Agreements\R&B Automation NPS-2.2.doc.jn NPS-2.2 (04/8/19) 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 By. R & B UTO . TION INC By. Paul W Foster, Mayor Amalia Rowden, President ATTEST nne Donaldson, City Clerk 6 L:\ca\djm\Agreements\R&B Automation NPS-2.2.doc.jn NPS-2.2 (04/8/19) EXHIBIT "A" SCOPE OF SERVICES R&B Automation, Inc shall provide the services of a certified Systems Service Representative to perform preventive maintenance on all installed Motor Operated Valves (MOV's) at the City's Water and Wastewater facilities. Routine preventive services shall be performed during normal working hours which are defined as Monday thru Friday, 8 OOam to 5.00pm excluding nationally observed holidays. Emergency demand corrective maintenance is available upon request. When a routine service call is to be scheduled during normal working hours, a one week notice shall be given to us, if possible. R&B Automation, Inc shall perform preventive maintenance service to each motor operated valve at the referenced facility at an interval of once per year The cost for each P.M. service would be a unit cost per MOV/ per inspection plus any parts that are required. R&B Automation, Inc shall perform these services on a routine basis which meets the operational requirements of maintenance and operations at the facility All customer control wiring shall be the responsibility of others. Preventive maintenance of the valve shall include, and be limited to, inspection, cleaning and lubrication of the valve stem, inspection and tightening, when required, of the fasteners attaching the actuator to the valve, and the inspection, adjustment and maintenance of the stem packing. All stem packing removal and replacement shall be done on a time and material basis. After the initial P.M. service has been performed, plus any subsequent repairs, all labor to maintain the motor operators shall be at no additional charge provided a P.M. service has been performed within the last 6 months, and the service required can be performed with common hand tools without removal of the motor or motor operator from the valve. Exceptions would be made when the actuator has been abused, operated in a manner inconsistent with the instruction manuals or when the unit has been subjected to extreme force R&B Automation, Inc shall maintain and stock the necessary parts required to service the MOV's, however, spare and replacement parts are the responsibility or the customer Additionally, R&B Automation, Inc shall track and report all incidents and the effects which cause failure of non-performance of the motor operated valve We will then utilize this information to make recommendations to improve performance and reliability of the system. PREVENTATIVE MAINTENANCE PROCEDURES 1 Upon arrival at a customer location, the R&B Automation, Inc 's technician shall check with the proper customer contacts for awareness of plant safety guidelines and operations requirements. 7 L.\ca\djm\Agreements\R&B Automation NPS-2.2.doc.jn NPS-2.2 (04/8/19) 2. Upon arrival at MOV, R&B Automation, Inc.'s technician shall log all tagging information on company paperwork. 3 Upon completion of work in customer's facility, the R&B Automation, Inc., technician shall check out with the proper customer contact. MAINTENANCE CLASS & RECOMMENDED INTERVAL The procedures of maintenance and inspection service are classified generally into three (3) levels per the following chart which outlines the recommended interval and location of repair Class Interval Location A Every Year On the MOV unit without removing from the valve B Every 3-5 years or whenever On the MOV unit without removing from the deemed necessary from results of valve Class A service C Every 7-10 years or whenever Remove operator from the valve and bring into deemed necessary from results of R&B Automation, Inc 's shop Class A & B service Class A Assure that all electrical power has been disconnected and locked out or tagged. With the power disconnected, open the geared limit switch compartment cover and carry out the following inspection. ACTUATOR 1 Measure insulation resistance of electric motor operator's incoming cables with 500 VDC mega tester, and confirm resistance to be more than 5M ohm In the event the reading is less than the allowable values, disconnect the incoming cables and check the resistance of the operator only If the unacceptable reading still exists, proceed to mega test for each control component separately 2. Check the geared limit switch rotor, terminal base and contacts. Clean contacts with the proper cleaner 3 Check torque switch contacts, arm rotating movement, terminals and set screw tightness Clean contacts with the proper cleaner 4 Check pushbutton function and indicating lights where provided. 8 L:\ca\djm\Agreements\R&B Automation NPS-2.2.doc.jn NPS-2.2 (04/8/19) 5 Assure that no damage exists in all other electrical components (mechanical reversing contactors, control transformers, space heater, etc.) 6 Make sure that all wiring connections are inserted correctly in the terminal block. 7 Secure tightness of all fasteners including terminal screws. 8 Check MDPI gear train and chain tightness where applicable. Coat chain gears with the proper lubrication. 9 Check for grease leakage 10 Remove grease plug and make grease sampling check for contamination and degradation. 11 Remove valve stem cover if applicable and check lock nut tightness. Clean valve stem and coat stem surface with a proper lubricant. 12. Check the declutching function by shifting the declutch lever to the manual position to ensure proper handwheel operation. Electrically operate the actuator to assure declutching mechanisms are functioning properly 13 Tropicalize control compartments and electrical components. 14 Operate the valve thru one full cycle by motor run and take the following data. A. Operating time. B. Geared limit switch and torque switch function. C. Power voltage and motor current when applicable D Abnormal noise and vibration. E. MDPI run and remote position indicator motion. 15 External visual inspection A. Secure tightness of all external fasteners. B. Make sure that no housing cracks exist. C. Make sure no grease leakage exists. D Check signs of corrosion and touch up paint where needed. VALVE 1. Valve stem shall be checked for wear, corrosion and lubrication. 9 L:\ca\djm\Agreements\R&B Automation NPS-2.2.doc.jn NPS-2.2 (04/8/19) 2. Valve shall be cleaned and lubricated 3 Stem protector shall be inspected to ensure water tightness 4 All fasteners for attaching motor operator to valve shall be inspected for tightness. 5 Valve stem packing shall be inspected for leakage and adjust ifnecessary 6. If packing does not stop leaking, new stem packing shall need to be installed. Class B In addition to Class A procedures, the following service is to be carried out 1. Remove geared limit switch assembly and check drive pinion. 2 Remove torque switch assembly and check out tripper arm, actuating arms and pinion gears for smooth operation. 3 Remove motor and check motor pinion, motor pinion key, worm shaft gear and worm shaft clutch. 4 Remove declutch lever, handwheel and spring cartridge cap Check worm and worm wheel gear tooth contact. Ensure tightness of torque spring lock nut. 5 Remove as much grease as possible and fill with new grease Class C In addition to Class A and Class B procedures, Class C requires that the electric motor operator is removed from valve and taken to R&B Automation, Inc 's maintenance shop After a complete overhaul, including a careful inspection of the declutch mechanism, the operator shall be returned and reinstalled on the valve All original settings shall be reset. CITY RESPONSIBILITIES TO R&B'S AUTOMATED VALVE SERVICES 1. Provide a safe work environment for field service personnel. 2. Provide R&B Automation, Inc with plant safety manuals and MSDS where applicable 3 Provide R&B Automation, Inc with a valid list of motor operators in the area to be serviced. 4 Provide R&B Automation, Inc with scheduled access to jobsite 5. Give R&B Automation, Inc. 24-hour notice if schedule is changed. 6. Advice R&B Automation, Inc of motor operator failures of malfunctions as they 10 L:\ca\djm\Agreements\R&B Automation NPS-2.2.doc.jn NPS-2.2 (04/8/19) occur In the event of emergency service of the MOV by the customer in which the "gear seal" is broken, all electrical compartment covers must be tightened securely and R & B Automation, Inc 's personnel must be advised within 24-hours of the event. 7 Provide necessary means to access motor operator (i.e scaffolding, lifts, etc ) 8. Provide proper wiring conduit and conduit seals to N.E C code 11 L:\ca\djm\Agreements\R&B Automation NPS-2.2.doc.jn NPS-2.2 (04/8/19) EXHIBIT "B" LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and (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 , 2018, and identified as is hereby referred to and made a part hereof; and Whereas, under the tetras 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 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 ,201 (SEAL) (Contractor) (SEAL) (Surety) BY (Signature) (Signature) Address. (Seal and Notarial Acknowledgment of Telephone( ) Surety) 12 L.\ca\djm\Agreements\R&B Automation NPS-2.2.doc.jn NPS-2.2 (04/8/19) EXHIBIT "C" PRICE AND FEE BID FIELD INSTALLATION, SERVICE, & REPAIR Electric Actuators Pneumatic Actuators Hydraulic Actuators Valve Positioners Limit Switch Assemblies Position Transmitters Regulators and Airsets Solenoid Valves Extensions Floorstands Travel $120 00 Per man/per hour Field Service Call $240 00 Per man/per hour Unforeseen Standby $240 00 Per man/per hour Shop Labor $90 00 Per man/per hour MAINTENANCE CLASS RATES - Per P.M. Service/Per MOV Class A $252 00 Class B $336 00 Class C $600 00 OTHER APPLICABLE CHARGES Monday thru Friday 8.00am to 5.00pm $240 00 Standard Rate Monday thru Friday 5.00pm to 9.00pm $360 00 Rate x 1.5 Monday thru Friday 9 00pm to 8.00am Rate x 2 Saturday 8.00am to 5.00pm Rate x 2 Saturday 5.00pm to 8.00am Rate x 2 Sunday and Observed Legal Holidays Rate x 2 Travel Time Portal to Portal Applicable Rate Not to exceed 8 hours per day maximum for domestic travel or International travel not to exceed 24 hours Travel by Auto Portal to Portal $0.58 Per mile Travel by Service Truck $1.00 Per mile Travel by Air Actual Cost Lodging Actual Cost Meals Actual Cost 13 L.\ca\djm\Agreements\R&B Automation NPS-2.2.doc.jn NPS-2.2 (04/8/19) Communication Expense Actual Cost Incidental Travel Expense Actual Cost 4 Hour Minimum Billing for All Field Service 3 Hour Minimum Billing for All In -Shop Repair Services SPARE & REPLACEMENT PARTS Spare and/or replacement parts are the responsibility of the City The cost for parts shall not exceed the actual cost plus 20% percent mark-up 14 L:\ca\djm\Agreements\R&B Automation NPS-2.2.doe.jn NPS-2.2 (04/8/19) 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. R�& B UTO . IU Date Rowden, President 15 L:\ca\djm\Agreements\R&B Automation NPS-2.2.doe.jn