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HomeMy WebLinkAboutWest Land Group, Inc. 12-21-2017 1 O �t ✓ n ..' /- c� West LAN D Group, Inc. [_and Surveyors ■ Civil Engineers■ US 4150 Concours Street, Suite 100 • Ontario, CA 91764 To: 'co, E7�d RFS � 2a»- 2fD a: Pamor�a Clo� C,ty 505 �). aaY�:A nue PDmcx►G, C A G nkDk O West LAN D Group, Inc. RFQ RESPONSE TO: BID RFQ # 2017-26 Citywide Water Metering Infrastructure GPS Identification December 21, 2017 Prepared for: CITU OF POMONA C/O: City Clerk's Office/Bid 505 S.Garey Avenue Pomona, CA 91766 Prepared by: WestLAND Group, Inc. Land Surveyors - Civil Engineers - G.I.S./Mapping 4150 Concourse Street, Suite 100, Ontario, CA. 91764 Office: (909) 989-9789 Fax: (909) 989-9660 Primary Point of Contact: Neal McPherson/VP of Geospatial Services Email: nmepherson ,westlandgroup.net Tel: (909) 989-9789 Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26 8. BIDDER SUMMARY SHEET Bidder's Name: WestLAND Group, Inc. Bidders Address: 4150 Concours, Suite 100, Ontario CA 91764 PlanetBids Vendor ID Number for the City of Pomona: (Bidders MUST be a registered Prospective Bidder and have downloaded the bid document from PlanetBids - DO NOT REGISTER FOR THIS BID THROUGH A THIRD PARTY OTHER THAN PLANETBIDS) Number of years providing the specified services: 17 Bidder's Main Telephone Number: 909-989-9789 Fax Number: 909-989-9660 Bid Contact (person responsible for answering questions related to the Bid response): Name: Neal McPherson Title: VP of Geospatial Services Telephone Number: 909-989-9789 Fax: 909-989-9660 Email. nmcpherson@westlandgroup.net Management Contact (person responsible for making contract decisions): Name: Neal McPherson Title: VP of Geospatial Services Telephone Number: 909-989-9789 Fax: 909-989-9660 Email: nmcpherson@westlandgroup.net Contract/Account Manager (Person responsible for the day-to-day servicing of the Contract/Account): Name: Mary Quanstrom Title: Financial Manager Telephone Number: 909-989-9789 Fax: 909-989-9660 Email: mquanstrom@westlandgroup.net Page 10 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.: 2017-26 12.REFERENCES Provide three (3) past or current federal, state or local government agency references that are comparable to the size of the City of Pomona that your company has directly contracted with as the primary contractor. Goods or services provided must be equal to the specifications or scope of services published herein. References must be for goods or services provided within the past five (5) years. 1. Company Name Cit of Irwindale Address 5050 North Irwindale Avenue City Irwindale State CA Zip 91706 Contact Name and Title: Edgar Rojas/Engineer & Mining Manager Telephone 626-430-2210 Email edgarr@ci.irwindale,ca.us Number of years that services have been or were provided: 5 Service provided Created multi-layered prototype GIS database to be used for city land inventory 2. Company Name Southern California Edison Address 2 Innovation Way City Pomona State CA Zip 91768 Contact Name and Title: Ran Waddell, Project Manager Telephone 909 274 1807 Email ryan.waddell@sce.com Number of years that services have been or were provided: 4 Service provided GPS Data collection with attributes for hundreds of power poles. 3. Company Name Southern California Gas Company Address 555 West 5th street, City Los Angeles State CA Zip 90013 Contact Name and Title: Brian Jerrett Telephone 909 841 6605 Email b'arrett sem rautilities.com Number of years that services have been or were provided: 6 Service provided GPS Data collection with attributes for thousands of pipeline repairs/replacements Page 15 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26 11.BID SHEET ITEM DESCRIPTIONUNIT QUANTITY PRICE. TOTAL PRICE 1 MOBILIZAOMITS TION, DEMOBILIZATION AND 1 Lump Sum N/A $1 ,908 2 GPS IDENTIFICATION (x 3 teams of 2) 31,000 EA $6.15 $1905650 3 GPS TO GIS DATA RENDERING 31,000 EA N/A $5,300 4 METER SITE PHOTOGRAPHY(x 3 teams of 2) 1 Lump Sum $6.15 $190,650 5 WORKFLOW METHODOLOGY DATA 1 EA NIA $3,392 REPORT 6 GIS DATA & GEODATABASE CREATION 1 Lump Sum NIA $5,300 BACKFLOW & SAMPLING STATION 2000 EA $7.47 $14,940 IDENTIFICATION (x 3 teams of 2) S METER SERVICE LATERAL& (x 3 teams of 2) 31,000 EA $6.15 $190,650 APPURTENANCES IDENTIFICATION 9 FTP DATA DELIVERY 1 EA NIA $1 ,060 Other Costs—Use the space below to 10 breakdown and itemize each additional 1 Lump Sum N/A $17,200 costs not included in Line Items 1—9. TOTAL PROJECT AM0UNT: $621 ,050 Breakdown of Other Costs from Line Item #10: DESCRIPTION QTY UNIT OF UNIT TOTAL MEASURE PRICE PRICE Project Manager 100 Hourly $157 $15,700 Administrative Support 20 Hourly $75 $1 ,500 Page 14 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.: 2017-26 13.CITY OF POMONA MINORITY BUSINESS QUESTIONNAIRE Failure to complete and submit this Worksheet with the Bid response will render the Bid non-responsive and will not be considered for award. Name of Business:WestLAND Group, Inc. Division or Subsidiary, if applicable: Business Address: 4150 Concours Suite 100 Ontario, CA 91764 Business Telephone No.: 909-989-9789 Contact Person: Mary Quanstrom Title: Financial Manager Type of Business: Non Profit [ ] Sole Proprietorship [ ] Partnership — General [ ] — Limited [ ] — Corporation [x] Is the business 51% or more owned by: American Indian [ ] Asian [ ] Black [ ] Hispanic [ ] Female [X ] Other ( ] (please specify) Prepared By: Mary Quanstrom Title: Financial Manager Date: December 18, 2017 For more information, please contact the City of Pomona Purchasing Division (909) 620-2381. Page 16 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.: 2017-26 14.CITY OF POMONA STATEMENT OF NON-COLLUSION BY CONTRACTOR Failure to complete and submit this Worksheet with the Bid response will render the Bid non-responsive and will not be considered for award. The undersigned who submits herewith to the City of Pomona a Bid or proposal does hereby certify that: a. All statements of fact in such bid or proposal are true; b. Such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; c. Such bid or proposal is genuine and not collusive or sham; d. Bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Pomona or of any other bidder or anyone else interested in the proposed procurement; e. Bidder did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal; f. Bidder did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; g. Bidder did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Pomona, or to any person or persons who have a partnership or other financial interest with said bidder in his business. h. Bidder did not provide, directly or indirectly to any officer or employee of the City of Pomona any gratuity, entertainment, meals, or anything of value, whatsoever, which could be construed as intending to invoke any form of reciprocation or favorable treatment. i. No officer or principal of the undersigned firm is employed or has been employed, either full or part time, by the City of Pomona, either currently or within the last two (2) years, or is related to any officer or employee of the City by blood or marriage within the third degree. An exception to this section may be granted by approval of the City Council prior to contract award. j. No officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding on, award of, or performance of, any public work contract, with any public entity, within the last three years. I certify, under penalty of perjury under the laws of the Sta e of California, that the foregoing is true and correct and that this certification was executed on (Date) 07 at (Location) 1A1es7V-fN.D 4Fr��CE California. Business: By: gstLAN�J &s ZUP,inC Address: (Signature) 4 'Ob CanCWVb, ' jUkVC IOC ,O+�'60,C.A, an(AlVeA/ SIV tMrr_sFj17 t/P-(,ei�yl�alSe�Vri�c (Print Name & Title) Page 17 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26 15.CITY OF POMONA AGREEMENT FOR INDEMNIFICATION BY CONTRACTOR AND ACCEPTANCE AND ACKNOWLEDGMENT OF PROCUREMENT PRACTICES OF THE CITY OF POMONA Failure to complete and submit this Worksheet with the Bid response will render the Bid non-responsive and will not be considered for award. The City of Pomona requires contractors and suppliers of services to the City to agree to indemnify and hold the City of Pomona harmless for claims or losses arising from, or in connection with, the contracting party's work for the City of Pomona before a Purchase Order is issued. To reduce the possibility of misunderstanding between contracting parties and the City in case of a claim or lawsuit, the City of Pomona is requiring that contacting parties who perform services for the City sign this letter. This letter will act as and become a part of each Contract/Purchase Order between the City of Pomona and the contracting parties signing the letter for the duration of the contract term and any extensions thereto. In consideration of the opportunity of doing business with the City of Pomona and benefits to be received thereby, the contracting party to this agreement agrees as follows: 1. That where a contract, purchase order or confirming order is awarded by the City of Pomona, this Letter Agreement is to be considered part of that contract. 2. Contractor agrees to indemnify the City of Pomona, and any officer, employee or agent, and hold the City of Pomona, and any officer, employee or agent, thereof harmless from any and all claims, liabilities, obligations and causes of action, of whatsoever kind or nature, for injury to, or death of, any person (including officers, employees and agents of the City of Pomona), and for injury or damage to or destruction of property (including property of the City of Pomona), resulting from any and all actions or omissions of contractor or contractor's employees, agents or invitees, or any subcontractor of contractor or any of such subcontractors employees, agents or invitees. 3. That the contracting party specifically waives the benefits and protection of Labor Code Section 3864 which provides: "If an action, as provided in this chapter, is prosecuted by the employee, the employer, or both jointly against the third person results in judgment against such third person or settlement by such third person, the employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement in the absence of a written agreement so to be executed prior to the injury." This waiver will apply to the contracting party to this letter to any contracts awarded by the City of Pomona during the term of this Agreement and any extensions thereto. 4. That this Agreement has been signed by an authorized representative of the contracting party, and such representative has the authority to bind the contractor to all terms and conditions of this Agreement. 5. That this Agreement shall be binding upon the successors and assignees of the contracting party to any contract with the City of Pomona. As a condition precedent to acceptance, any contacts from the City of Pomona and contracting party agree to advise its successors or assignees of this Agreement and to obtain their consent to it in writing before the work of the representative successor or assignees begins. Such assignment shall not be effective without the prior written consent of the City of Pomona. 6. To promptly notify the City of Pomona of any change in ownership of the contracting party while this Agreement is in force. This letter Agreement cannot be modified or changed without the express written consent of the City of Attorney of the City of Pomona. I agree to the terms of this Letter Agreement on behalf of: Business: �r�2 LFND G1� (�,�C1G By:110Z��� e (Signature) Address: LA1be) CCnC Wv—b, W, CK1C(:w�o, CA 1 C rt 1� CLv�C (Print Name & Title) Page 18 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.: 2017-26 16.CITY OF POMONA PURCHASE ORDER TERMS AND CONDITIONS This Purchase Order and any additional attachments hereto INDEMNIFICATION constitute the entire agreement between (print business 8. Vendor shall defend, indemnify and hold the City, its name) officials, officers, employees, volunteers and agents free and vtlLA o nr p \rc- harmless from any and all Claims (as defined below) in any (the Vendor, referred to herein as "Vendor") and the City of manner arising out of or incident to (i) any acts, omissions, Pomona (hereinafter referred to as the "City") covering the negligence, or willful misconduct of Vendor, its officials, goods and services described herein. Failure to decline officers, employees, agents, consultants and Vendors; (ii) Terms and Conditions in writing constitutes agreement to the Vendor's performance of the services; and/or (iii) any action terms of the Purchase Order Terms and Conditions as for product liability arising from a defect in the design, stated. If any provision of this Purchase Order is held by a materials and workmanship of any product provided court of competent jurisdiction to be invalid, void or pursuant to this Purchase Order. Vendor shall defend the unenforceable, the remaining provisions nevertheless will City, at Vendor's own cost, expense and risk, and with continue in full force and effect without being impaired or competent counsel approved by the City. Vendor shall pay invalidated in any way. In Vendors performance of services and satisfy any judgment, award or decree that may be or provision of goods pursuant to this Purchase Order, time rendered against City or its directors, officials, officers, is of the essence. employees, agents or volunteers, in any such suit, action or GENERAL other legal proceeding. Vendor shall reimburse City and its 1. These Terms and Conditions form part of Purchase directors, officials, officers, employees, agents and/or Order ("P.O.") number volunteers, for any and all legal expenses and costs incurred issued by the City of Pomona ("City"). by each of them in connection therewith or in enforcing the 2. Vendor, (hereinafter referenced as a "Vendor"), and indemnity herein provided. For the purpose of this provision, its goods or services, shall conform to the applicable "Claims" means claims, actions or causes of action, requirements of City Ordinances, and all applicable State regulatory, legislative or judicial proceedings, at law or and Federal Laws. equity, and all associated liabilities, demands, assessments, 3. If the goods or services ordered herein result from a levies, losses, fines, penalties, damages, costs and Request for Quotation ("IRM"), Request for Proposal expenses, whether in connection with property or persons, ("RFP"), Notice Inviting Bids ("NIB") or a City Agreement including wrongful death, in each case as awarded by a ("Agreement"), then the Terms and Conditions set forth in court or arbitrator, including, without limitation: (i) reasonable this Purchase Order are considered to be in addition to the attorneys', accountants', investigators', and experts' fees requirements and specifications stated in the RFQ, RFP, NIB and expenses sustained or incurred in connection with the or Agreement, defense or investigation of any such liability, and (ii) all 4. In the event of a conflict between Vendor's bid, consequential damages and damages that arise as a result Vendor's terms and conditions, and the City's Purchase of strict liability. Order Terms and Conditions, the provisions of the City's Purchase Order Terms and Conditions shall govern. NONDISCRIMINATION CLAUSE 9. Except as provided in Section 12940 et seq. of the BUSINESS LICENSE AND PERMITS Government Code, Vendor shall not discriminate against any 5. During the performance of services or provision of person because of his/her race, religious creed, color, goods pursuant to this Purchase Order, the Vendor shall national origin, ancestry, physical disability, mental disability, secure or maintain in force all licenses and permits required marital status, mental condition, or gender, nor refuse to hire by law for the operation of their business, including a or employ a person or to refuse to select the person for a Pomona Business License when required. The Vendor is training program leading to employment or to bar or solely responsible for becoming familiar with all applicable discharge the person from employment, or from a training permit and license requirements. program leading to employment, or to discriminate against the person in compensation or in terms, conditions or MISCELLANEOUS CHARGES privileges of employment. Vendor shall insert this 6. Vendors shall not charge the City for transportation, nondiscrimination provision in all subcontracts for any work containers, packing, or overhead costs, unless so specified covered by this Purchase Order. in this Order. EXCISE TAX FREIGHT CHARGES 10. If federal excise tax is applicable to the transaction, 7. All shipments are F.O.B. — Destination, and Vendor the Vendor must be clearly state so in writing and shall pays charges, unless specified otherwise in this Order. If the exclude said tax from the price. The City of Pomona, as a City and Vendor agree that an Order will be F.O.B. — Origin, government agency, is exempt from the payment of said tax then the Vendor shall prepay the freight and add the freight and will issue an exemption certificate upon Vendor's cost to the invoice. The City reserves the right to request a request. copy of the paid express or freight bill. Page 19 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.: 2017-26 SALES AND USE TAXES substitute equipment or materials without City's prior written 11. Vendor shall show sales tax, if any, on the invoice approval. Notwithstanding the requirement for any inspection as a separate item. and test contained in specifications applicable to this Order, except where specialized inspection or tests are specified DEFAULT BY VENDOR solely for the City, the Vendor shall perform or have 12. If Vendor defaults on the performance of services or performed the inspection and tests required to substantiate provision of goods pursuant to this Purchase Order, the City that the supplies and services provided under the Purchase reserves the right to procure the goods or services from Order conform to the drawings, specifications, and other sources and to hold the Vendor responsible for any requirements incorporated herein, including, if applicable, additional costs (costs exceeding the amount of this the technical specifications for the manufacturers' part Purchase Order) the City incurs as a result. The City also numbers specified herein. reserves the right to cancel this Purchase Order if the Vendor defaults. The Vendor's performance deficiency may INSURANCE be established by a single incident, or by a pattern of 14. For the duration of Vendor's performance of services incidents, as determined by the City. The City shall make a or provision of goods pursuant to this Purchase Order, record of any performance discrepancies by using a form Vendor shall procure and maintain insurance as set forth in substantially similar to that shown in following Attachment Attachment"B" attached hereto. "A 12.1 If Vendor's default resulted from Force PAYMENTS AND APPROPRIATION OF FUNDS Majeure, then the City shall not hold Vendor 15. Payment terms are net 30 days, unless the City and accountable for the City's additional costs incurred. Vendor agree otherwise in writing. All Cash Discounts shall Vendor must notify the City immediately upon be taken and computed from the date of delivery or knowing that non-performance or delay will apply to completion and acceptance of the material, or from the date this Order as a result of Force Majeure. At that time, of receipt of invoice, whichever is latest. Each of the City's Vendor shall submit a written Recovery Plan for this payment obligations is conditioned upon the availability of Order. If the city does not receive the Recovery Plan state or local government funds which are apportioned or within 10 days of the necessary notification of Force allocated for the payment of such an obligation. If the funds Majeure default, or City does not accept the are not allocated and available for the continuance of the Recovery Plan, then the City may cancel this Order function performed by the Vendor, then, at the end of the in its entirety at no cost to the City, and compensate period for which funds are available, the City may terminate Vendor only for goods and services provided to the the product or service directly or indirectly involved in the City's satisfaction, as solely determined by the City, performance of that function. as of the Order cancellation date. 12.2 Force Majeure means circumstances that INVOICES suspend the Vendor's performance of this Purchase 16. Vendor shall address invoices and statements to Order because performance is prevented or The City of Pomona, Attn: Accounts Payable, P.O. Box 660, impeded by strikes, disturbances, riots, fire, severe Pomona CA 91769. Prior to the City issuing payment, weather, government action, war acts, acts of God, designated City staff shall review and approve invoice based or any other cause similar or dissimilar to the on the satisfactory completion of delivery. .The City will issue foregoing which are beyond the Vendor's control, payments within 30 days after a rovin an invoice. 12.3 The City's waiver of any breach of any Invoices shall contain the following information: Vendor's provision of this Order shall not be deemed a waiver Federal Tax I.D. number, contract or order number, item of any other provision of this Order, and shall not be number, description of supplies/services, quantities and units deemed a waiver of any subsequent breach of the of measure, unit prices and extended totals. Bill of Lading same provision or any other provision. The City's number and weight of shipment will be shown for shipments payment to the Vendor shall not constitute a waiver on Government Bills of Lading. of any breach which may then exist on the part of the Vendor. The City's payment to Vendor shall not WARRANTY impair or prejudice any right or remedy available to 17. The Vendor agrees that the supplies/services the City with regarding to such breach or default. furnished under this Purchase Order shall be covered by the most favorable commercial warranties the Vendor gives to INSPECTION AND ACCEPTANCE any customer for such goods/services, and that the rights 13. Inspection and acceptance shall be at destination, and remedies provided herein are in addition to, and do not unless otherwise provided. Until delivery and acceptance, limit any rights afforded to the City by, and other clause of a and after any rejections, risk of loss shall be on the Vendor contract awarded hereunder. unless loss results from the City of Pomona's sole negligence. The inspection, failure to make inspection, ASSIGNMENT OF CLAIMS acceptance of goods, or payment for goods shall not impair 18. The Vendor shall not assign or subcontract the City's right to reject nonconforming goods. When the provision of goods or performance of services pursuant to Purchase Order specifies equipment or material by this Purchase Order unless the City grants prior written manufacturer, model, or trade name, Vendor shall not approval. Claims for monies due or to become due under Page 20 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.: 2017-26 this Purchase Order shall be assigned only pursuant to prior 25. Vendor acknowledges that pursuant to Government written consent of the City's Purchasing Officer. Code Section 87300, et seq. and the Conflict of Interest Code adopted by the City hereunder, Vendor is designated PURCHASE ORDER TERMINATION in said Conflict of Interest Code and may be required, as 19. The City may terminate this Purchase Order at any determined by the Written Determination (attached hereto as time, with or without cause, by giving Vendor three (3) days' Attachment "C"), to file an Economic Interest Statement advance written notice. In the event of termination by City for (Form 700)with the City Clerk. any reason other than the fault of Vendor, City shall pay Vendor for all work performed or goods provided, to the EQUAL EMPLOYMENT OPPORTUNITY City's satisfaction, as solely determined by the City, as of the 26. The Vendor shall comply with all applicable state termination date. In the event of Vendor's breach, City may and federal laws addressing Equal Employment Opportunity, terminate this Purchase Order immediately without notice, may reduce payment to the Vendor in the amount necessary INDEPENDENT VENDOR STATUS to offset City's resulting damages, may procure substitute 27. It is expressly understood that the Vendor is acting goods or services at Vendor's expense, and/or may pursue as an "independent Vendor" and not as an agent or any other available recourse against Vendor. Upon the City's employee of the City of Pomona. As such, Vendor shall termination of this Purchase Order for any reason, City may have no power or authority to incur any debt, obligation or require Vendor to provide all finished or unfinished goods, liability on behalf of the City, unless such authority is documents, data, diagrams, drawings, materials or other expressly authorized. Further, Vendor is not entitled to any matter prepared or built by Vendor in connection with its benefit typically associated with an employee such as performance of this Purchase Order. Vendor shall not medical, sick leave, retirement, or vacation benefit. Vendor terminate this Purchase Order, except upon showing of expressly waives any claim to any such rights. cause. GOVERNING LAW Vendor's Authorized Representative 20. This Purchase Order shall be deemed a contract (Sign and submit with bid response) between the City and Vendor, and shall be governed by and construed in accordance with the laws of the State of California. Vendor agrees that the State and Federal courts Signature Date which sit in the State of California shall have exclusive C�t-a\ N1C�herc�n �L� jurisdiction over all controversies and disputes arising Print Name hereunder, and submits to the jurisdiction thereof. 21. Vendor shall abide by all applicable Prevailing Wage `,Q C-r ag-,0bs a\ Qt Z? requirements pursuant to the California Labor Code. Title ATTORNEY'S FEES AND COSTS � �-j'`N`� argLA2 i V)C' 22. In any action by a party to enforce its rights Business Name hereunder, the nonprevailing party shall pay the prevailing qoq _g16a _ WI q party's legal costs and expenses (including reasonable Phone Number attorney's fees). nroc, rbop ykbland CAra p.neJC. CHANGE ORDERS Email 23. The City reserves the right to make written changes, at any time, within the general scope of this Purchase Order. If any such changes cause an increase or decrease in the cost of, or in the time required for the performance of this Purchase Order, an equitable adjustment shall be made in this Purchase Order price, delivery schedule, or both. Any claim by Vendor for a price adjustment must be approved by the City's authorized representative(s) in writing (formal change order, amendment, or revision) before Vendor proceeds with such change. CONFLICT OF INTEREST 24. Except for items that are clearly promotional in nature, mass produced, trivial in value and not intended to invoke any form of reciprocation, Vendor shall not offer the City's employees any gratuities, entertainment, meals, or anything of value whatsoever. The offer of such gratuity to an employee of the City shall be cause for finding default and establishing grounds for termination. Page 21 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26 CITY OF POMONA PURCHASE ORDER TERMS AND CONDITIONS - ATTACHMENT "B" INSURANCE REQUIREMENTS The Contracted Vendor shall furnish the City certificates of insurance prior to the execution of the Agreement demonstrating that the following coverage is in effect and in accordance with the specifications. The VENDOR shall maintain throughout the duration of the term of the Agreement, liability insurance covering the VENDOR and designating CITY including its elected or appointed officials, directors, officers, agents, employees, volunteers, or VENDORS, as additional insured against any and all claims resulting in injury or damage to persons or property (both real and personal) caused by any aspect of the VENDOR's work, in amounts no less than the following and with such deductibles as are ordinary and reasonable in keeping with industry standards. It shall be stated, in the Additional Insured Endorsement, that the VENDOR's insurance policies shall be primary as respects any claims related to or as the result of the VENDOR's work. Any insurance, pooled coverage, or self-insurance maintained by the CITY, its elected or appointed officials, directors, officers, agents, employees, volunteers, or VENDORs shall be non- contributory. General Liability: a. General Aggregate $2,000,000 b. Products Comp/Op Aggregate $2,000,000 C. Personal &Advertising Injury $1,000,000 d. Each Occurrence $1,000,000 e. Fire Damage (any one fire) $ 50,000 f. Medical Expense (any one person) $ 5,000 Workers' Compensation: a. Workers' Compensation Statutory Limits b. EL Each Accident $1,000,000 C. EL Disease - Policy Limit $1,000,000 d. EL Disease - Each Employee $1,000,000 Automobile Liability a. Any vehicle, combined single limit $1,000,000 The VENDOR shall provide thirty (30) days advance notice to CITY in the event of material changes or cancellation of any coverage. Certificates of insurance and additional insured endorsements shall be furnished to CITY thirty (30) days prior to the effective date of this Agreement. Refusal to submit such certificates shall constitute a material breach of this Agreement entitling CITY to any and all remedies at law or in equity, including termination of this Agreement. If proof of insurance required under this Agreement is not delivered as required or if such insurance is canceled and not adequately replaced, CITY shall have the right but not the duty to obtain replacement insurance and to charge the VENDOR for any premium due for such coverage. CITY has the option to deduct any such premium from the sums due to the VENDOR. Insurance is to be placed with insurers authorized and admitted to write insurance in California and with a current A.M. Best's rating of A-:VII or better. Acceptance of insurance from a carrier with a rating lower than A-:Vll is subject to approval by CITY's Risk Manager. VENDOR shall immediately advise CITY of any litigation that may affect these insurance policies. Page 23 of 27 A G-OHY q�Rte'® CERTIFICATE QF LIABILITY INSURANCE DA70/31/2017 YI 10!31!2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy{ii must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements PRODUCER NAME: T Risk Management Department Commercial Lines-(305)443-4886 PHONE FAX Wells Fargo Insurance Services USA, Inc. (AIC, MAlio'EKt); {866)443-8489 AIC Not {8DD)889 0021 ADDRESS; Work.Comp@Trinet.com 2601 South Bayshore Drive,Suite 1600 INSURER(S) AFFORDING COVERAGE NAIC N Coconut Grove,FL 33133 INSURER A: ACE American Insurance Company 22667 INSURED INSURER B: _ TriNet HR III-A, Inc. INSURERC: LICIF Westland Group, Inc. INSURER D: 9000 Town Center Parkway INSURER E: Bradenton, FL 34202 INSURER F: COVERAGES CERTIFICATE NUMBER: 12421421 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IFN.TR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP INSD WVD POLICYNUMBER MMIDDIYYYY MMIDOIYYT LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 1-1 AE TO CLAIMS-MADE OCCUR PREMISES Ea occurrenceS MED EXP(Any one person) $ PERSONAL B AVV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS-COMPIOP AGG S OTHER: $ AUTOMCBILE LIABILITY CCMBINEDS INGLE LIMIT $ Ea a.,d.,1 ANY AUT O BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Per accident S AUTOS ONLY AUTOS ( ) HIRED NON-OWNEDP ,) YDAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ UMBRELLALIAB OCCUR EACH OCCURRENCE S EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DED RETENTION$ S A WORKERS COMPENSATION WLRC64540506 7IV2017 7!1!2018 X PER OTH- AND EMPLOYERS'LIABILITY �,I N STATUTE ER ANYPROPRIETOR/PARTNER!EXECUTIVEE.L.EACH ACCIDENT S 2,000,000 OFFICE RIMEMBEREXCLUDED? C N f A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 2,000,000 I1 yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 2,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (ACORD 104,Additional Remarks Schedule,maybe attached if more space is required) Workers'Compensation coverage is limited to worksite employees of Westland Group, Inc.through a co-employment agreement with TriNet HR V, Inc.and all affiliated entities. CERTIFICATE MOLDER CANCELLATION Westland Group,Inc. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 4150 Concours,Suite 10D THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Ontario CA 91764 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD ©1988.2015 ACORD CORPORATION, All rights reserved. ACORD 25(2016103) IThls c¢ryfcate replaces cerlifi'afip 12067881 i—d Cn 7111/2017] WESTGRO-04 DPAHLKE ALCOR O DATE(MMIDDIYYYY] V CERTIFICATE OF LIABILITY INSURANCE 1 61512113117 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements), PRODUCER License#0757776 CONTACT Pam Alaimo NAME: _ HUB International Insurance Services Inc. PHHONNa,Ext]:(951 779-8742 FAX P.0.Box 5345 I } (AIC,No)J951)231-2572 Riverside,CA 92517 aoDa'Es •cal.cpu@hubinternational.com INSURER(S)AFFORDING COVERAGE _ NAIC 0 INSURER A:The Travelers Indemnity Company of Connecticut 25682 INSURED INSURER B:Travelers Property Casualty Company of America 25674 Westland Group,Inc INSURER C:National Union Fire Insurance Company of Pittsburgh,PA 19445 4150 Concours,Suite 100 INSURER D:U.S.Specialty insurance Company _ _ P Ontario,CA 91764 _ INSURER E i INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRfBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN N REDUCED BY PAID CLAIMS. INSR w IAODL SUER POLICY EFF POLICY EXP LT TYPE OF INSURANCE D'yr,ND POLICY NUMBER M 1DDIYYYY YY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAWS-MADE [)(] OCCUR 1680-2J821887 05/2412017 05124120181 DAMAGE TO a NTEDenca $ 300,000 PREMISESMED EXP 4Any oneperson) $ 5,000 _. PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMITAPPLIESPER: GENERAL AGGREGATE $ 4,000,000 POLICY FX jp,,,eT D LOC PRODUCTS-COMPIOP AGG $ 4,000,000 OTHER: AUTOMOBILE LIABILITY 20,MBINEDSINGLELIMIT 1,000,000 accident $ X ANY AUTO BA2A157031 05/24/2017 05124/2018 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY AMAGE AUTOS ONLY AUTOS ONLY Peracc,,g $ C UMBRELLA LIAR X OCCUR $ 7,000,000 EACH OCCURRENCE X EXCESS LIAB CLAIMS-MADE EBUD69601788 05/2412017 05/24/2018 AGGREGATE_ $ 7,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS°LIABILITY Y1 N STATUTE FR ANY PROPRIETORIPARTNERlFXECUTIVE F.L.EACH ACO DENT OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) _FL_DISEASE-EA EMPLOYEE 5 IF yes,describe under -- DESCRIPTION OF OPERATIONS below E.L,DISEASE-POLICY LIMIT S D Professional Liab USS1727728 05124/2017 0512412018 Each Claim$2M1Agg 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) For Information Purposes Only. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE.ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE *For Information Purposes Only. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I ACORD 25(2016103) OO 1986-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26 CITY OF POMONA PURCHASE ORDER TERMS AND CONDITIONS - ATTACHMENT "C" WRITTEN DETERMINATION (Page 1 of 2) I, Linda Lowry, City Manager of the City of Pomona ("CITY") have made the following determination with regard to economic interest disclosure requirements for (name of CONSULTANT/CONSULTANT/VENDOR), pursuant to the Conflict of Interest Code adopted by CITY: [ ] CONSULTANT/ CONSULTANT/ VENDOR shall disclose its economic interest pursuant to the broadest disclosure category in the Code. (CATEGORY I*) [ ] CONSULTANT/ CONSULTANT/VENDOR has been hired to perform a range of duties that are limited in scope and thus CONSULTANT/ CONSULTANT/ VENDOR is not required to comply with the broadest disclosure category requirements. Based on the Scope of Services set forth in Exhibit "A," of the Agreement, CONSULTANT/ CONSULTANT/ VENDOR need only provide economic interest disclosure under the following categories*: [ ] CATEGORY I: Business interests and Investments [ ] CATEGORY II: Supply Sources [ ] CATEGORY III: Contractors [ ] CATEGORY IV: Geographic location *A full explanation of each of these disclosure categories is found on page 2 of this Exhibit. [ ] CONSULTANT/ CONTRACTOR/ VENDOR is not required to comply with Disclosure requirements based on the following: [ ] Duties of CONSULTANT/ CONTRACTOR/ VENDOR under this AGREEMENT are not applicable to Conflict of Interest Code [ ] Other.- Date: ther:Date: Linda Lowry, City Manager Page 24 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26 WRITTEN DETERMINATION (Page 2 of 2) DESIGNATED EMPLOYEE CATEGORIES I. This category applies to individuals that make, or participate in making, decisions that may have a material effect on their financial interest(s) in: a. businesses in which the individual holds an investment or business position'; b. sources of income; or c. real property. Individuals subject to this category need not disclose under Category tl or 111. Individuals subject to this category must disclose any of the following financial interests within the City and within two miles of City boundaries: a. investments in business entities2; b. business positions held; c. sources of income; and d. interests in real property. II. This category applies to individuals that make, or participate in making, decisions that involve the purchase of services, supplies, materials, machinery or equipment. Individuals subject to this category must disclose any of the following financial interests in business entities which provide services, supplies, materials, machinery, equipment, or technology of the type utilized by the City: a. investments in business entities; b. business positions held; and c. sources of income. Ill. This category applies to individuals that make, or participate in making, decisions that involve Contracting for services including, but not limited to: a. professional services; b, vendor services; c. consulting services; and d. Contractor services. Individuals subject to this category must disclose any of the following financial interests in business entities which provide Agreement services, of the type utilized by the City: a. investments in business entities; b. business positions held; and c. sources of income. IV. This category applies, as applicable, to commissioners. Individuals subject to this category must disclose: a. all investments in, interest in, or income from, real property located within the jurisdiction of the respective board or commission and five hundred feet contiguous thereto; and b. all investments in, interest in, or income from, any business entity: i. in which the person holds a business position; and ii. that is either: A) within the jurisdiction of the respective board or commission and five hundred feet contiguous thereto; or B) conducted business within the jurisdiction of the respective board or commission and five hundred feet contiguous thereto, at any time during the two years prior to the date of filing the Statements of Economic Interest. 1 "Business positions"shall include, but not be limited to,a role as a director,officers,partner,trustee,employee,or any management position. 2"Business entities"shall include, but not be limited to,sole proprietorships, partnerships,and corporations. Page 25 of 27 i UR I T O b a3 1. N LL- r4 v L > IJ a5 ` it C, 1..) !r co t r > C,J CJ f Y CJ Tj J J G' -1Ni s•• C3 . rn Ofi > 7 — ✓1 y cd r Carl (V pFf N V :t- Ln �...'' L1 L �- > r CL DI} •V3 . 11Z C-1 LR s cu o c al -M C*3ca 1,77 C13 co •S?.. Qi '_" F^ .-T. ?,. ✓� G 'Q tom., � D, >� CJ {} - Q .K @ CEJ U y- •4r 1 ' . ca C r w • LUs Zf r n3 r s 'A U �Rd f i Citywide Water Metering infrastructure GPS Identification, Bid No.: 2017-26 18.ACKNOWLEDGEMENT AND SIGNATURE OF AUTHORIZATION "Citywide Water Metering Infrastructure GPS Identification, Bid No.: 2097-26" Failure to complete and submit this Worksheet with the Bid response will render the Bid non-responsive and will not be considered for award. I k>o\ N1CPhexSorl Q dr aeobmd\ cm� �iceb have read and understand (Full Printed Name) (Title) the Bid Document, and I am duly authorized to commit my company to sell goods or perform services specified herein. I understand by signing this bid I am not obligating the City to make this procurement, nor am I signing a contract to sell goods or perform services. By skqnin-q this document upon award of a contract 1 a ree to comply with all s ecifications scope of services requirements and terms and conditions described herein at the pri_cells) offered. This bid is firm for 90 days from the due date identified in the Schedule of Events of this Bid. Authorized Representative: Business Name: Authorized Signer: �4eC 1-AND (s�a�P 1rr— Business Address: (Signature) �15Q Cmct�ac� SJ�t2 1�, C�ntar t�, �,Q tyea� Mc�rnerson �`� c,r �eoSF�t�a` Secytce� Phone Number/E-mail Address: (Print Name & Title) Page 27 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.;2017-26 18.ACKNOWLEDGEMENT AND SIGNATURE OF AUTHORIZATION "Citywide Water Metering Infrastructure GPS Identification, Bid No.: 2017-26" Failure to complete and submit this Worksheet with the Bid response will render the Bid non-responsive and will not be considered for award. _ deal W?P \tyc'--nn , 12-T aeo al Tmliceb have read and understand (Full Printed Name) (Title) the Bid Document, and I am duly authorized to commit my company to sell goods or perform services specified herein. I understand by signing this bid I am not obligating the City to make this procurement, nor am I signing a contract to sell goods or perform services. By signin_q this document, upon award of a contrac(, I agree to comply with all specifications, scope of services, requirements and terms and conditions described herein at the pricefs) offered. - This bid is firm for 90 days from the due date identified in the Schedule of Events of this Bid. Authorized Representative: Business Name: Authorized Signer: Business Address: (Signature) Lw5o wv5 Atte 1CC�, C��1'ca�"�ti, C� Ne41 Mc nes do, cp &toS k al ry'�ce Phone Number/E-mail Address: (Print Name & Title) q0q- Ckbq-Ck_V6qnmc �er �ancgccx►P.n e Page 27 of 27 _ �:yy '�', 'Pr'"'v.. ra'rt ,��i*r aykS'-,• ,t '� ,f1ac um ,rte"". s n� siv r,, ra w. � -- _� rs ..i ✓v�T, r..._-.,.-_,_r -_�-..._"._..,1`._.. 'T O s 4A 5 r i D C 0 QJ IL qj j �r-r+'ad C1 �_ r. 4.. •'_' ? ti} j Y .tom FSI � Eli f I # v y M Uj Q CnU w c Y Fo P F C3 is o ! ; ail -� � � U � � O •� _ �. crs C r •a '°p r' i } wn jr R, I' r �` � •CC3 •� '� � U � O r � � r•r `t1. En y D vi C3 G a © ctl U � 1 I '.,i f�►.1��� .yam r.1 Xr~'li�(�L\� �'! 6 � �' 1�, �� �AY-Y �•�jl� �S Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26 WRITTEN DETERMINATION (Page 2 of 2) DESIGNATED EMPLOYEE CATEGORIES I. This category applies to individuals that make, or participate in making, decisions that may have a material effect on their financial interest(s) in; a. businesses in which the individual holds an investment or business position'; b. sources of income; or c, real property. Individuals subject to this category need not disclose under Category//or 111. Individuals subject to this category must disclose any of the following financial interests within the City and within two miles of City boundaries: a. investments in business entities2; b. business positions held; c. sources of income; and d, interests in real property. 11. This category applies to individuals that make, or participate in making, decisions that involve the purchase of services, supplies, materials, machinery or equipment. Individuals subject to this category must disclose any of the following financial interests in business entities which provide services, supplies, materials, machinery, equipment, or technology of the type utilized by the City: a. investments in business entities; b. business positions held; and c. sources of income. III. This category applies to individuals that make, or participate in making, decisions that involve Contracting for services including, but not limited to: a. professional services; b. vendor services; c. consulting services; and d. Contractor services. Individuals subject to this category must disclose any of the following financial interests in business entities which provide Agreement services, of the type utilized by the City: a. investments in business entities; b. business positions held; and c. sources of income. IV. This category applies, as applicable, to commissioners. Individuals subject to this category must disclose: a. all investments in, interest in, or income from, real property located within the jurisdiction of the respective board or commission and five hundred feet contiguous thereto; and b. all investments in, interest in, or income from, any business entity: i. in which the person holds a business position; and ii. that is either: A) within the jurisdiction of the respective board or commission and five hundred feet contiguous thereto; or B) conducted business within the jurisdiction of the respective board or commission and five hundred feet contiguous thereto, at any time during the two years prior to the date of filing the Statements of Economic Interest. 1'Business positions"shall include,but not be limited to,a role as a director,officers, partner,trustee,employee,or any management position. 2"Business entities"shall include, but not be limited to,sole proprietorships,partnerships,and corporations. Page 25 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26 CITY OF POMONA PURCHASE ORDER TERMS AND CONDITIONS -ATTACHMENT "C" WRITTEN DETERMINATION (Page 1 of 2) I, Linda Lowry, City Manager of the City of Pomona ("CITY") have made the following determination with regard to economic interest disclosure requirements for (name of CONSULTANT/CONSULTANT/VENDOR), pursuant to the Conflict of Interest Code adopted by CITY: [ ] CONSULTANT/ CONSULTANT/ VENDOR shall disclose its economic interest pursuant to the broadest disclosure category in the Code. (CATEGORY I*) [ ] CONSULTANT/ CONSULTANT/VENDOR has been hired to perform a range of duties that are limited in scope and thus CONSULTANT/ CONSULTANT/ VENDOR is not required to comply with the broadest disclosure category requirements. Based on the Scope of Services set forth in Exhibit "A," of the Agreement, CONSULTANT/ CONSULTANT/ VENDOR need only provide economic interest disclosure under the following categories*: [ ] CATEGORY I: Business interests and Investments [ ] CATEGORY II: Supply Sources [ ] CATEGORY III: Contractors [ ] CATEGORY IV: Geographic location *A full explanation of each of these disclosure categories is found on page 2 of this Exhibit. [ ] CONSULTANT/ CONTRACTOR/ VENDOR is not required to comply with Disclosure requirements based on the following: [ ] Duties of CONSULTANT/ CONTRACTOR/ VENDOR under this AGREEMENT are not applicable to Conflict of Interest Code [ ] Other: Date: Linda Lowry, City Manager Page 24 of 27 WESTGRO-04 DPAHLKE A � CERTIFICATE OF LIABILITY INSURANCE DAT61512 D1YYYYl 6!512017 THIS CERTIFICATE 1$ ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING fNSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#0757776 CONTACT Pam Alaimo HUB International Insurance$erVICeS Inc. NAME- PHONE P.O.Box 5345 (Arc,No,Ext):(951)779-8742 (A�,Nol,(951)231-2572 Riverside,CA 92517 EAo1NAIL .cal.cpu@hubinternational.com D INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A,The Travelers Indemnity Company of Connecticut 25682 INSURED INSURER B:Travelers Property Casualty Company of America 25674 Westland Group,Inc INSURER C:National Union Fire Insurance Company of Pittsburgh,PA 19445 4150 Concours,Suite 100 INSURER D:U.S.S eclat Insurance Com an Ontario,CA 91764 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVF BEEN ISSUED TO THE INSURED NAMFD ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (NSR ADDL SUBR LIE TYPE OF INSURANCESO POLICY NUMBER POLICY EFF POLICY EXP IMIMLanb= MlDDlYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE fIX OCCUR 6$0-2J$21$$7 0512412017 05124/2018 DAMAGE TO RENTED 300,000 REM( S Eaoccurrence) $ MED EXP(Any oneperson) $ 5,000 PERSONAL BADVINJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE4,000,000 POLICY[X]PE O $ WC OC PRODUCTS-COM P/OPAGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY �D MBIfVdED SINGLE LIMIT $ 1,0150,000 X ANY AUTO BA2A157031 05/24/2017 05124/201$ BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ lIS AOTO8ONDAl9ONLY PROPERTY t acciden t AMAGE Pe $ C $ UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 7,000,000 X EXCESSLIAB CLAIMS-MADE EBU0696DI788 05/24/2017 05124/20/8 AGGREGATE $ 7,000,000 DED RETENTION$ - - AND EMIRS COMPENSATION PER OTH- ANDEMPLOYERS'LIABILITY YIN 'TAT 7 ANY PROPRIETOR1PgRTNF:R/EKECUTIVE E.L.EACHACGIDENT $ OFRCERIMEMBEREXCLUDED7 NIA (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYE $ _ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ _ D Professional Liah USS1727728 05/24/2017 05!2412018 Each Claim$2MiAgg 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 10i,Additional Remarks Schedule,may be attached if more space is required) For Information Purposes Only. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE *For information Purposes Only. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AIG-CHY DATE(MMIDDIYYYY) A� �® CERTIFICATE OF LIABILITY NSURANCE 10/31/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL.INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, Certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endarsement(s). PRODUCER CONTACT Risk Management Department Commercial Lines-(305)443-4886 PHONe 866 443-8489 FAX (800)889-0021 CNoE ( ) AlCNo� Wells Fargo Insurance Services USA,Inc- ADDRESS: Work.Comp@Trinet.com 2601 South Bayshore Drive,Suite 1600 1NSURER(SI AFFORDING COVERAGE NAIC# Coconut Grove,FL 33133 1NSURERA: ACE American Insurance Company 22667 INSURED INSURER B TriNet HR III-A,Inc. INSURER C LIC/I-Westland Group,Inc. INSURER D. 9000 Town Center Parkway INSURER E; Bradenton,FL 34202 INSURER F COVERAGES CERTIFICATE NUMBER: 12421421 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE FISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS Or SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR 1 D WV POLICY NUMBER MMIDDIYYYY MMIDDIYYYY COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE S CLAIMS-MADE F CCCUR A E TO RENT PREMISES Ea occurrence $ MED EXP(Any one person) S PERSONAL&ADV INJURY 5 GEN'LAGGREGATELIMITAPPLIES PER: GENERAL AGGREGATE $ ,7 POLICY JET LOC PRODUCTS-COMPIOP AGG S OTHER: S AUTOMOBILE LIABILITY COMBINFDSINGLE LIMfT $ Ea accident ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per aceidenl) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLALIAB OCCUR EACHOCCURRENCE S EXCESS LIAB HCLAIMS-MACE AGGREGATE S I DED RETENTIONS $ A WORKERS COMPENSATION WLRC64540506 7/1/2017 7/112018 X STATUTE EERH AND EMPLOYERS'LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE YfN E.L.EACH ACCIDENT $ 2,000,000 OFFICERIMEMBEREXCLUDED? € N NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 21000,000 ]1 yes,describe under 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is required) Workers"Compensation coverage is limited to worksite employees of Westland Group,Inc.through a co-employment agreement with TriNet HR V,Inc.and all affiliated entities. CERTIFICATE HOLDER CANCELLATION Westland Group,Inc. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 4150 COnCOUFS,Suite 100 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Ontario CA 91764 AUTHORIZED REPRESENTATIVE} The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) (Thi Mfcale replaces ceMCWe#I26201is d cn M WU17) Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26 CITY OF POMONA PURCHASE ORDER TERMS AND CONDITIONS -ATTACHMENT "B" INSURANCE REQUIREMENTS The Contracted Vendor shall furnish the City certificates of insurance prior to the execution of the Agreement demonstrating that the following coverage is in effect and in accordance with the specifications. The VENDOR shall maintain throughout the duration of the term of the Agreement, liability insurance covering the VENDOR and designating CITY including its elected or appointed officials, directors, officers, agents, employees, volunteers, or VENDORs, as additional insured against any and all claims resulting in injury or damage to ,persons or property (both real and personal) caused by any aspect of the VENDOR's work, in amounts no less than the following and with such deductibles as are ordinary and reasonable in keeping with industry standards. It shall be stated, in the Additional Insured Endorsement, that the VENDOR's insurance policies shall be primary as respects any claims related to or as the result of the VENDOR's work. Any insurance, pooled coverage, or self-insurance maintained by the CITY, its elected or appointed officials, directors, officers, agents, employees, volunteers, or VENDORs shall be non- contributory. General Liability: a. General Aggregate $2,000,000 b. Products Comp/Op Aggregate $2,000,000 C. Personal & Advertising Injury $1,000,000 d. Each Occurrence $1,000,000 e. Fire Damage (any one fire) $ 50,000 f. Medical Expense (any one person) $ 5,000 Workers' Compensation: a. Workers' Compensation Statutory Limits b. EL Each Accident $1,000,000 C. EL Disease- Policy Limit $1,000,000 d. EL Disease- Each Employee $1,000,000 Automobile Liability a. Any vehicle, combined single limit $1,000,000 The VENDOR shall provide thirty (30) days advance notice to CITY in the event of material changes or cancellation of any coverage. Certificates of insurance and additional insured endorsements shall be furnished to CITY thirty (30) days prior to the effective date of this Agreement. Refusal to submit such certificates shall constitute a material breach of this Agreement entitling CITY to any and all remedies at law or in equity, including termination of this Agreement. If proof of insurance required under this Agreement is not delivered as required or if such insurance is canceled and not adequately replaced, CITY shall have the right but not the duty to obtain replacement insurance and to charge the VENDOR for any premium due for such coverage. CITY has the option to deduct any such premium from the sums due to the VENDOR. Insurance is to be placed with insurers authorized and admitted to write insurance in California and with a current A.M. Pest's rating of A-:VII or better. Acceptance of insurance from a carrier with a rating lower than A-:VII is subject to approval by CITY's Risk Manager. VENDOR shall immediately advise CITY of any litigation that may affect these insurance policies. Page 23 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26 this Purchase Order shall be assigned only pursuant to prior 25. Vendor acknowledges that pursuant to Government written consent of the City's Purchasing Officer. Code Section 87300, et seq. and the Conflict of Interest Code adopted by the City hereunder, Vendor is designated PURCHASE ORDER TERMINATION in said Conflict of Interest Code and may be required, as 19. The City may terminate this Purchase Order at any determined by the Written Determination (attached hereto as time, with or without cause, by giving Vendor three (3) days' Attachment "C"), to file an Economic Interest Statement advance written notice. In the event of termination by City for (Form 700)with the City Clerk. any reason other than the fault of Vendor, City shall pay Vendor for all work performed or goods provided, to the EQUAL EMPLOYMENT OPPORTUNITY City's satisfaction, as solely determined by the City, as of the 26. The Vendor shall comply with all applicable state termination date. In the event of Vendor's breach, City may and federal laws addressing Equal Employment Opportunity. terminate this Purchase Order immediately without notice, may reduce payment to the Vendor in the amount necessary INDEPENDENT VENDOR STATUS to offset City's resulting damages, may procure substitute 27. It is expressly understood that the Vendor is acting goods or services at Vendor's expense, and/or may pursue as an "independent Vendor" and not as an agent or any other available recourse against Vendor. Upon the City's employee of the City of Pomona. As such, Vendor shall termination of this Purchase Order for any reason, City may have no power or authority to incur any debt, obligation or require Vendor to provide all finished or unfinished goods, liability on behalf of the City, unless such authority is documents, data, diagrams, drawings, materials or other expressly authorized. Further, Vendor is not entitled to any matter prepared or built by Vendor in connection with its benefit typically associated with an employee such as performance of this Purchase Order. Vendor shall not medical, sick leave, retirement, or vacation benefit. Vendor terminate this Purchase Order, except upon showing of expressly waives any claim to any such rights. cause. GOVERNING LAW Vendor's Authorized Representative 20. This Purchase Order shall be deemed a contract (Sign and submit with bid response) between the City and Vendor, and shall be governed by and construed in accordance with the laws of the State of California. Vendor agrees that the State and Federal courts Signature Date which sit in the State of California shall have exclusive 1' jurisdiction over all controversies and disputes arising Print Name hereunder, and submits to the jurisdiction thereof. 21. Vendor shall abide by all applicable Prevailing Wage V C(� &ZOR:ocaClnl requirements pursuant to the California Labor Code. Title ATTORNEY'S FEES AND COSTS V��.,�JO-Ahr4D.. 1rOt1Q 22. In any action by a party to enforce its rights Business Name hereunder, the nonprevailing party shall pay the prevailing Oi0q _q�Jq, _MbCt party's legal costs and expenses (including reasonable Phone Number attorney's fees). _nnecsc�n t1a dCkv CAep.net CHANGE ORDERS Email 23. The City reserves the right to make written changes, at any time, within the general scope of this Purchase Order. If any such changes cause an increase or decrease in the cost of, or in the time required for the performance of this Purchase Order, an equitable adjustment shall be made in this Purchase Order price, delivery schedule, or both. Any claim by Vendor for a price adjustment must be approved by the City's authorized representative(s) in writing (formal change order, amendment, or revision) before Vendor proceeds with such change. CONFLICT OF INTEREST 24. Except for items that are clearly promotional in nature, mass produced, trivial in value and not intended to invoke any form of reciprocation, Vendor shall not offer the City's employees any gratuities, entertainment, meals, or anything of value whatsoever. The offer of such gratuity to an employee of the City shall be cause for finding default and establishing grounds for termination. Page 21 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26 SALES AND USE TAXES substitute equipment or materials without City's prior written 11. Vendor shall show sales tax, if any, on the invoice approval. Notwithstanding the requirement for any inspection as a separate item. and test contained in specifications applicable to this Order, except where specialized inspection or tests are specified DEFAULT BY VENDOR solely for the City, the Vendor shall perform or have 12. If Vendor defaults on the performance of services or performed the inspection and tests required to substantiate provision of goods pursuant to this Purchase Order, the City that the supplies and services provided under the Purchase reserves the right to procure the goods or services from Order conform to the drawings, specifications, and other sources and to hold the Vendor responsible for any requirements incorporated herein, including, if applicable, additional costs (costs exceeding the amount of this the technical specifications for the manufacturers' part Purchase Order) the City incurs as a result. The City also numbers specified herein. reserves the right to cancel this Purchase Order if the Vendor defaults. The Vendor's performance deficiency may INSURANCE be established by a single incident, or by a pattern of 14. For the duration of Vendor's performance of services incidents, as determined by the City. The City shall make a or provision of goods pursuant to this Purchase Order, record of any performance discrepancies by using a form Vendor shall procure and maintain insurance as set forth in substantially similar to that shown in following Attachment Attachment"B" attached hereto. "A." 12.1 If Vendor's default resulted from Force PAYMENTS AND APPROPRIATION OF FUNDS Majeure, then the City shall not hold Vendor 15. Payment terms are net 30 days, unless the City and accountable for the City's additional costs incurred. Vendor agree otherwise in writing. All Cash Discounts shall Vendor must notify the City immediately upon be taken and computed from the date of delivery or knowing that non-performance or delay will apply to completion and acceptance of the material, or from the date this Order as a result of Force Majeure. At that time, of receipt of invoice, whichever is latest. Each of the City's Vendor shall submit a written Recovery Plan for this payment obligations is conditioned upon the availability of Order. If the City does not receive the Recovery Plan state or local government funds which are apportioned or within 10 days of the necessary notification of Force allocated for the payment of such an obligation. If the funds Majeure default, or City does not accept the are not allocated and available for the continuance of the Recovery Plan, then the City may cancel this Order function performed by the Vendor, then, at the end of the in its entirety at no cost to the City, and compensate period for which funds are available, the City may terminate Vendor only for goods and services provided to the the product or service directly or indirectly involved in the City's satisfaction, as solely determined by the City, performance of that function. as of the Order cancellation date. 12.2 Force Majeure means circumstances that INVOICES suspend the Vendor's performance of this Purchase 16. Vendor shall address invoices and statements to Order because performance is prevented or The City of Pomona, Attn: Accounts Payable, P.O. Box 660, impeded by strikes, disturbances, riots, fire, severe Pomona CA 91769. Prior to the City issuing payment, weather, government action, war acts, acts of God, designated City staff shall review and approve invoice based or any other cause similar or dissimilar to the on the satisfactory completion of delivery. The City will issue foregoing which are beyond the Vendor's control, payments within 30 days after ajogroving an invoice. 12.3 The City's waiver of any breach of any Invoices shall contain the following information: Vendor's provision of this Order shall not be deemed a waiver Federal Tax I.Q. number, contract or order number, item of any other provision of this Order, and shall not be number, description of supplies/services, quantities and units deemed a waiver of any subsequent breach of the of measure, unit prices and extended totals. Bill of Lading same provision or any other provision. The City's number and weight of shipment will be shown for shipments payment to the Vendor shall not constitute a waiver on Government Bills of Lading. of any breach which may then exist on the part of the Vendor. The City's payment to Vendor shall not WARRANTY impair or prejudice any right or remedy available to 17. The Vendor agrees that the supplies/services the City with regarding to such breach or default, furnished under this Purchase Order shall be covered by the most favorable commercial warranties the Vendor gives to INSPECTION AND ACCEPTANCE any customer for such goods/services, and that the rights 13. Inspection and acceptance shall be at destination, and remedies provided herein are in addition to, and do not unless otherwise provided. Until delivery and acceptance, limit any rights afforded to the Cfty by, and other clause of a and after any rejections, risk of loss shall be on the Vendor contract awarded hereunder. unless loss results from the City of Pomona's sole negligence. The inspection, failure to make inspection, ASSIGNMENT OF CLAIMS acceptance of goods, or payment for goods shall not impair 18. The Vendor shall not assign or subcontract the City's right to reject nonconforming goods. When the provision of goods or performance of services pursuant to Purchase Order specifies equipment or material by this Purchase Order unless the City grants prior written manufacturer, model, or trade name, Vendor shall not approval. Claims for monies due or to become due under Page 20 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.;2017-26 16.CITY OF POMONA PURCHASE ORDER TERMS AND CONDITIONS This Purchase Order and any additional attachments hereto INDEMNIFICATION constitute the entire agreement between (print business 8. Vendor shall defend, indemnify and hold the City, its name) officials, officers, employees, volunteers and agents free and 4"n' UV4) &rpU,(3 krr—. harmless from any and all Claims (as defined below) in any (the Vendor, referred to herein as "Vendor") and the City of manner arising out of or incident to (i) any acts, omissions, Pomona (hereinafter referred to as the "City") covering the negligence, or willful misconduct of Vendor, its officials, goods and services described herein. Failure to decline officers, employees, agents, consultants and Vendors; (ii) Terms and Conditions in writing constitutes agreement to the Vendor's performance of the services; and/or (iii) any action terms of the Purchase Order Terms and Conditions as for product liability arising from a defect in the design, stated. If any provision of this Purchase Order is held by a materials and workmanship of any product provided court of competent jurisdiction to be invalid, void or pursuant to this Purchase Order. Vendor shall defend the unenforceable, the remaining provisions nevertheless will City, at Vendor's own cost, expense and risk, and with continue in full force and effect without being impaired or competent counsel approved by the City. Vendor shall pay invalidated in any way. In Vendor's performance of services and satisfy any judgment, award or decree that may be or provision of goods pursuant to this Purchase Order, time rendered against City or its directors, officials, officers, is of the essence, employees, agents or volunteers, in any such suit, action or GENERAL other legal proceeding. Vendor shall reimburse City and its 1. These Terms and Conditions form part of Purchase directors, officials, officers, employees, agents and/or Order ("P.O.") number volunteers, for any and all legal expenses and costs incurred issued by the City of Pomona ("City"). by each of them in connection therewith or in enforcing the 2. Vendor, (hereinafter referenced as a "Vendor"), and indemnity herein provided. For the purpose of this provision, its goods or services, shall conform to the applicable "Claims" means claims, actions or causes of action, requirements of City Ordinances, and all applicable State regulatory, legislative or judicial proceedings, at law or and Federal Laws. equity, and all associated liabilities, demands, assessments, 3. If the goods or services ordered herein result from a levies, losses, fines, penalties, damages, costs and Request for Quotation ("RFQ"), Request for Proposal expenses, whether in connection with property or persons, ("RFP"), Notice Inviting Bids ("NIB") or a City Agreement including wrongful death, in each case as awarded by a ("Agreement"), then the Terms and Conditions set forth in court or arbitrator, including, without limitation: (i) reasonable this Purchase Order are considered to be in addition to the attorneys', accountants', investigators', and experts' fees requirements and specifications stated in the RFQ, RFP, NIB and expenses sustained or incurred in connection with the or Agreement. defense or investigation of any such liability, and (ii) all 4. In the event of a conflict between Vendor's bid, consequential damages and damages that arise as a result Vendor's terms and conditions, and the City's Purchase of strict liability. Order Terms and Conditions, the provisions of the City's Purchase Order Terms and Conditions shall govern. NONDISCRIMINATION CLAUSE 9. Except as provided in Section 12940 et seq. of the BUSINESS LICENSE AND PERMITS Government Code, Vendor shall not discriminate against any 5. During the performance of services or provision of person because of his/her race, religious creed, color, goods pursuant to this Purchase Order, the Vendor shall national origin, ancestry, physical disability, mental disability, secure or maintain in force all licenses and permits required marital status, mental condition, or gender, nor refuse to hire by law for the operation of their business, including a or employ a person or to refuse to select the person for a Pomona Business License when required. The Vendor is training program leading to employment or to bar or solely responsible for becoming familiar with all applicable discharge the person from employment, or from a training permit and license requirements. program leading to employment, or to discriminate against the person in compensation or in terms, conditions or MISCELLANEOUS CHARGES privileges of employment. Vendor shall insert this 6. Vendors shall not charge the City for transportation, nondiscrimination provision in all subcontracts for any work containers, packing, or overhead costs, unless so specified covered by this Purchase Order. in this Order. EXCISE TAX FREIGHT CHARGES 10. If federal excise tax is applicable to the transaction, 7. All shipments are F.O.B. -- Destination, and Vendor the Vendor must be clearly state so in writing and shall pays charges, unless specified otherwise in this Order. If the exclude said tax from the price. The City of Pomona, as a City and Vendor agree that an Order will be F.O.B. — Origin, government agentue is exem t fromcertificate payment o said tax then the Vendor shall prepay the freight and add the freight and will request. cost to the invoice. The City reserves the right to request a copy of the paid express or freight bill. Page 19 of 27 WestLAND Group, Inc. RFQ RESPONSE TO: BID RFQ # 2017-26 Citywide Water Metering Infrastructure GPS Identification December 21, 2017 COPY Prepared for: CITY OF POMONA CIO: City Clerk's Office/Bid 505 S.Garey Avenue Pomona, CA 91766 Prepared by: WestLAND Group, Inc. Land Surveyors - Civil Engineers - G.I.S./Mapping 4150 Concourse Street, Suite 100, Ontario, CA. 91764 Office: {909} 989-9789 Fax: (909) 989-9660 Primary Point of Contact: Neal McPherson/VP of Geospatial Services Email. nmc Terson westland ,i-ou .net Tel: (909) 989-9789 Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26 15-CITY OF POMONA AGREEMENT FOR INDEMNIFICATION BY CONTRACTOR AND ACCEPTANCE AND ACKNOWLEDGMENT OF PROCUREMENT PRACTICES OF THE CITY OF POMONA Failure to complete and submit this Worksheet with the Bid response will render the Bid non-responsive and will not be considered for award. The City of Pomona requires contractors and suppliers of services to the City to agree to indemnify and hold the City of Pomona harmless for claims or losses arising from, or in connection with, the contracting party's work for the City of Pomona before a Purchase Order is issued. To reduce the possibility of misunderstanding between contracting parties and the City in case of a claim or lawsuit, the City of Pomona is requiring that contacting parties who perform services for the City sign this letter. This letter will act as and become a part of each Contract/Purchase Order between the City of Pomona and the contracting parties signing the letter for the duration of the contract term and any extensions thereto. In consideration of the opportunity of doing business with the City of Pomona and benefits to be received thereby, the contracting party to this agreement agrees as follows: 1. That where a contract, purchase order or confirming order is awarded by the City of Pomona, this Letter Agreement is to be considered part of that contract. 2. Contractor agrees to indemnify the City of Pomona, and any officer, employee or agent, and hold the City of Pomona, and any officer, employee or agent, thereof harmless from any and all claims, liabilities, obligations and causes of action, of whatsoever kind or nature, for injury to, or death of, any person (including officers, employees and agents of the City of Pomona), and for injury or damage to or destruction of property (including property of the City of Pomona), resulting from any and all actions or omissions of contractor or contractor's employees, agents or invitees, or any subcontractor of contractor or any of such subcontractor's employees, agents or invitees. 3. That the contracting party specifically waives the benefits and protection of Labor Code Section 3864 which provides: "If an action, as provided in this chapter, is prosecuted by the employee, the employer, or both jointly against the third person results in judgment against such third person or settlement by such third person, the employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement in the absence of a written agreement so to be executed prior to the injury." This waiver will apply to the contracting party to this letter to any contracts awarded by the City of Pomona during the term of this Agreement and any extensions thereto. 4. That this Agreement has been signed by an authorized representative of the contracting party, and such representative has the authority to bind the contractor to all terms and conditions of this Agreement, 5. That this Agreement shall be binding upon the successors and assignees of the contracting party to any contract with the City of Pomona. As a condition precedent to acceptance, any contacts from the City of Pomona and contracting party agree to advise its successors or assignees of this Agreement and to obtain their consent to it in writing before the work of the representative successor or assignees begins. Such assignment shall not be effective without the prior written consent of the City of Pomona. 6. To promptly notify the City of Pomona of any change in ownership of the contracting party while this Agreement is in force. This letter Agreement cannot be modified or changed without the express written consent of the City of Attorney of the City of Pomona. I agree to the terms of this Letter Agreement on behalf of: Business: &x-cup,lnc By: Address: 41bo C.MCWrb, �kk2 100, QntC�4p, CR �1�10�-1 (Signature) (Print Name&Title) Page 18 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.: 2017-26 14.CITY OF POMONA STATEMENT OF NON-COLLUSION BY CONTRACTOR Failure to complete and submit this Worksheet with the Bid response will render the Bid non-responsive and will not be considered for award. The undersigned who submits herewith to the City of Pomona a Bid or proposal does hereby certify that: a. All statements of fact in such bid or proposal are true; b. Such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; c. Such bid or proposal is genuine and not collusive or sham; d. Bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Pomona or of any other bidder or anyone else interested in the proposed procurement; e. Bidder did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal; f. Bidder did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; g. Bidder did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Pomona, or to any person or persons who have a partnership or other financial interest with said bidder in his business. h. Bidder did not provide, directly or indirectly to any officer or employee of the City of Pomona any gratuity, entertainment, meals, or anything of value, whatsoever, which could be construed as intending to invoke any form of reciprocation or favorable treatment. i. No officer or principal of the undersigned firm is employed or has been employed, either full or part time, by the City of Pomona, either currently or within the last two (2) years, or is related to any officer or employee of the City by blood or marriage within the third degree. An exception to this section may be granted by approval of the City Council prior to contract award. j. No officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding on, award of, or performance of, any public work contract, with any public entity, within the last three years. I certify, under penalty of perjury under the laws of the Sta e of California, that the foregoing is true and correct and that this certification was executed on (Date) 1Z �, at (Location) 6a1esfl 111 D�flC California. Business: By. West�.At�D G�SZOUP,lnc Address: (Signature) LiVbo C WC'C arcs, gvwA ,meal (Print Name &Title) Page 17 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.: 2017-26 13.CITY OF POMONA MINORITY BUSINESS QUESTIONNAIRE Failure to complete and submit this Worksheet with the Bid response will render the Bid non-responsive and will not be considered for award. Name of Business:WestLAND Group, Inc. Division or Subsidiary, if applicable: Business Address: 4150 Concours Suite 100 Ontario, CA 91764 Business Telephone No.: 909-989-9789 Contact Person: Mary Quanstrom Title: Financial Manager Type of Business: Non Profit [ ] Sole Proprietorship [ ] Partnership — General [ ] — Limited [ ] -- Corporation [x] Is the business 51% or more owned by: American Indian [ ] Asian [ Black [ ] Hispanic [ ] Female [X ] Other [ ] (please specify) Prepared By: Mary Quanstrom Title: Financial Manager Date: December 18, 2017 For more information, please contact the City of Pomona Purchasing Division (909) 620-2381. Page 16 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26 11.BID SHEET ITEM DESCRIPTION QUANTITY UNIT TOTAL PRICE PRICE 1 MOBILIZATION, DEMOBILIZATION AND 1 Lump Sum NIA $1908 PERMITS ? 2 GPS IDENTIFICATION (x 3 teams of 2) 31,000 EA $6.15 $190,650 3 GPS TO GIS DATA RENDERING 31,000 EA N/A $5,300 4 METER SITE PHOTOGRAPHY(x 3 teams of 2) 1 Lump Sum $6.15 $190,6501 S WORKFLOW METHODOLOGY DATA 1 Eq NIA $3,392 REPORT 6 GIS DATA& GEODATABASE CREATION 1 Lump Sum N/A $5,300 7 BACKFLOW &SAMPLING STATION 2,000 EA 7.47 IDENTIFICATION (x 3 teams of 2) $ $14,940 8 METER SERVICE LATERAL& (x 3 teams of 2) 31,000 EA $6,155 $190,650 APPURTENANCES IDENTIFICATION 9 FTP DATA DELIVERY 1 EA N/A $1 ,060 Other Costs—Use the space below to 10 breakdown and itemize each additional 1 Lump Sum N/A $17,200 costs not included in Line Items 1---9. TOTAL PROJECT AMOUNT: $621 ,050 Breakdown of Other Costs from Line Item #10: DESCRIPTION (QTY UNIT OF UNIT TOTAL MEASURE PRICE PRICE Project Manager 100 Hourly $157 $15,700 Administrative Support 20 Hourly $75 $1 ,500 Page 14 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26 12.REFERENCES Provide three (3) past or current federal, state or local government agency references that are comparable to the size of the City of Pomona that your company has directly contracted with as the primary contractor. Goods or services provided must be equal to the specifications or scope of services published herein. References must be for goods or services provided within the past five (5) years. 1 . Company Name Cit of Irwindale Address 5050 North Irwindale Avenue City Irwindale State CA Zip 91706 Contact Name and Title: Edgar Rojas/Engineer & Mining Manager Telephone 626-430-2210 Email edgarr@ci.irwindale.ca.us Number of years that services have been or were provided: 5 Service provided Created multi-layered prototype GIS database to be used for city land inventory 2. Company Name Southern California Edison Address 2 Innovation Wa City Pomona State CA Zip 91768 Contact Name and Title: Ryan Waddell, Project Manager Telephone 909 274 1807 Email ryan.waddell@sce.com Number of years that services have been or were provided: 4 Service provided GPS Data collection with attributes for hundreds of power poles. 3. Company Name Southern California Gas Company Address 555 West 5th street, City Los Angeles State CA zip 90013 Contact Name and Title: Brian Jerrett Telephone 909 841 6605 Email b'arrett@semprautilities.com Number of years that services have been or were provided: 6 Service provided GPS Data collection with attributes for thousands of pipeline repairs/replacements Page 15 of 27 Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-2G 8. BIDDER SUMMARY SHEET Bidder's Name: WestLAND Group, Inc. Bidder's Address:4150 Concours, Suite 100, Ontario CA 91764 PlanetBids Vendor ID Number for the City of Pomona: (Bidders MUST be a registered Prospective Bidder and have downloaded the bid document from PlanetBids - DO NOT REGISTER FOR THIS BID THROUGH A THIRD PARTY OTHER THAN PLANETBIDS) Number of years providing the specified services: 17 Bidder's Main Telephone Number: 909-989-9789 Fax Number: 909-989-9660 Bid Contact (person responsible for answering questions related to the Bid response): Name: Neal McPherson Title: VP of Geospatial Services Telephone Number: 909-989-9789 Fax: 909-989-9660 Email: nmcpherson@westlandgroup.net Management Contact (person responsible for making contract decisions): Name: Neal McPherson Title: VP of Geospatial Services Telephone Number: 909-989-9789 Fax: 909-989-9660 Email: nmcpherson@westlandgroup.net Contract/Account Manager (Person responsible for the day-to-day servicing of the Contract/Account): Name: Mary Quanstrom Title: Financial Manager Telephone Number: 909-989-9789 Fax: 909-989-9660 Email: mquanstrom@westlandgroup.net Page 10 of 27