HomeMy WebLinkAboutMSPS 12-21-2017 Ob
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...The Smart Solution
Sealed Bid
Water Meter GPS Service Bid No. :2017-26
City of Pomona
C/O City Clerk's Office/Bid
P.O. Box 660
Pomona, CA 91763
Submitted By:
Mountain States Pipe &
Supply
111 W. Las Vegas St.
Colorado Springs, CO
80903
...The Smart Solution
m5P5
December 21, 2017
City of Pomona
Water Resources Department
505 S. Garey Avenue
Pomona, CA 91766
Re: Citywide Water Metering Infrastructure GPS Identification Bid No. 2017-26
To Whom It May Concern:
Thank you for the opportunity for consideration in the Invitation to Bid. Mountain States Pipe and
Supply (MSPS) is pleased to provide The City of Pomona Water Resources Department with the
enclosed proposal for Citywide Water Metering Infrastructure GPS Identification.
MSPS has been in business for over 62 years, and focused on supplying AMI services for the past 25
years. Familiarity with GIS/GPS mapping is a major part of our extensive experience installing AMI
infrastructure, which makes MSPS uniquely well-suited to satisfying the needs of the City of Pomona
as laid out in the IFB.
In addition to MSPS's knowledge of GPS infrastructure identification, our proficiency in project
management and confidence in our subcontractor, Retro-Tech Systems (RTS), means that we can
provide the City with a highly accurate audit of the current meter and backflow infrastructure, accurate
GPS and photographic data thereof, and a complete geodatabase for integration with the City's.
Should there be any questions or concerns regarding our proposal the individuals listed below will
serve as the primary contacts for City staff:
s
Jerry Uhlman Paul Carroll
Office: 719-475-4021 Office: 719-475-4020
Mobile: 719-238-7912 Mobile: 719-351-4120
Email: juhlman _msps.com Email: pcarroll[?_msps.com
On behalf of Mountain States Pipe & Supply, thank you for the opportunity to respond to this Invitation
to Bid, we look forward to your reply regarding our proposal.
Sincerely,
Paul Carroll
Chief Executive Officer
PO Box 698,Colorado Springs,CO 80901-li1 W.Las Vegas st,,Colorado Springs,CO 80903
Phone(719)634-5555 Fax(719)634-5551 Accountine Fax(719)667-1012
Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26
8. BIDDER SUMMARY SHEET
Bidder's Name: i ( { �Jr r
Bidder's Address:
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 PL4NETBIDS)
Number of years providing the specified services:
112
Bidder's Main Telephone Number: + j I
L
Fax Number: �.
Bid Contact(person responsible for answering questions related to the Bid response):
y r
Name: ILG / ! Title:
Telephone Number: IN— �112 / 1 ' Fax:. -
Email:
Management Contact(person responsible for making contract decisions):
Name: Title:
Telephone Number: J l Fax.-
Email:
ax:Email: f
i
Contract/Account M6_Z:L
nager(Person responsible for the day-today servicing of the Contract/Account):
Name: Title:
Telephone Nutnber: Fax: /
Email: / f
Page 10 of 27
i
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 LumpSum � i�� •00
PERMITS
2 GPS IDENTIFICATION 31,000 EA 6, 15 q66 65v,00
3 GPS TO GIS DATA RENDERING 31,000 EA 3.00 f 9.31 W. 00
4 METER SITE PHOTOGRAPHY 1 Lump Sum �-
5 WORKFLOW METHODOLOGY DATA 1 EA ti lel U
� U
REPORT
6 GIS DATA&GEODATABASE CREATION 1 Lump Sum
BACKFLOW&SAMPLING STATION !
T 2,000 EA
IDENTIFICATION _
8 METER SERVICE LATERAL& 31,000 EA
APPURTENANCES IDENTIFICATION rte,
9 FTP DATA DELIVERY 1 EA
Other Costs-Use the space below to I l
10 breakdown and itemize each additional 1 Lump Sum
costs not included in Line Items 1-9, 1
I
TOTAL PROJECT AMOUNT: O � Q50'
Breakdown of Other Costs from Line Item #10:
DESCRIPTION QTY UNIT OF UNIT TOTAL
MEASURE PRICE PRICE
I
l
i
Page 14 of 27
Citywide Water Metering Infrastructure GPS Identification, Bid No.:2417-25
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
Address ;6 f _
City I�E/ i State Zip. 96 356
Contact Name and Title: h ��
_,sem
Telephone_ Email
f
Number of years that-services
�have b9en or?were provided:f ,e ,-
Service provided
2. Company Name ��
Address
City6ALeIZState Zip GiU �
Contact Name and Title: �-
Telephone- If /5- - C� Email
Number of years that services have been or were provided:
Service provided r17 !J A// � ,
l
3. Company Name
Address ' s r
City rvi State Zi
. p
Contact Name and e:
2 2! - 2S ,-
Telephone Email
Number of years that services have peen or were provided: 3 (1 1,,,1 on
Service provided � 5 l=� �✓ r
i
Page 16 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: /4121A,11
Division or Subsidiary, if applicable: y
Business Address; r Y035 /
6olold? x"
-7111
Business Telephone No.:
Contact Person:
Title:
Type of Business:
Non Profit [ ]
Sole Proprietorship [ ]
Partnership— General [ ]
— Limited [ ]
— Corporation X
Is the business 61% or more owned by:
American Indian [ ]
Asian [ ]
Black [ ]
Hispanic [ ]
Female
Other ]
(pleasespecify)
Prepared By: � tr`f
Title: t -cure f
Date:
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 State of California, that they fortrue and correct
and that this certification was executed on (Date) / at (Location)
Business:
By:
Address: (Signature)
t` (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 FPR CUREMENT 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:, 2
Business: /d +r' By: /
(Signature)
Address: ! L %. 5 AU-1 ��A"C't-oLL Cev�c3
ftg (Print Name&Title)
Page 18 of 27
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Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-25
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
T ��rharmless from any and all Claims (as defined below) in any
(the Ven or, referred to herein bs "Vendor")Wd,,the City of manner arising out of or incident to (i) any acts, omissions,
Pomona (hereinafter referred to as the "City")Yovering 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 "Vendors), 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 l
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 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.
l�
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.
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 iogyments within 30 days after agproving 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 suppiieslservices, 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 GFS Identification, Sid No.:2027-26
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 ,4igna
211�3 �� 7
California. Vendor agrees that the State and Federal courts ture Date
which sit in the State of California shall have exclusive
jurisdiction over all controversiesand disputes arising G "
Print Name
hereunder, and submits to the jurisdiction thereof.
21. Vendor shall abide by all applicable Prevailing Wage
requirements pursuant to the California Labor Code. Title
ATTORNEY'S FEES AND COSTS l ��'` .1 f I
22. In any action by a party to enforce its rights business Mamie
hereunder, the nonprevailing party shall pay the prevailing_ 4— r�
party's legal costs and ex enses `
9 p (including reasonable Phone Number
attorney's fees}.
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 (formai
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
17.EXCEPTIONS SHEET
Exceptions to any part of this bid document (scope of work, specifications, required forms, sample
terms and conditions, etc.) must be clearly identified and described in detail using the following
worksheet. Make a copy of, and use additional sheets if needed. Bidder must state if no exceptions
will be taken. Failure to complete and submit this worksheet with the bid response may render the
bid submittal as non-responsive.
"Citywide Water Metering Infrastructure GPS Identification, Bid No.; 2017-26"
Reference Reference
Page# Item# Exceptions
Page 26 of 27
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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.
L(I 1 . (j`41 iJ�'� �;1'CC(,Ift"�Ie ' � r- 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 signing this document upon award of a contract t agree to comply with aft
specifications, sco a of services re uirements and terms and conditions described herein
at the a cejsi offered.
This bid is firm for 90 days from the due date identified in the Schedule of Events of this Bid.
Authorized Representative:
Business N�am�e: Auth/orzecner:
fow, a
'c
Business Address: (Signature)
, j5 hf
Phone Numb r/ mail Address: (Print Name & Title)
-�-I L _ '' _ 1 Wro I 141
Page 27 of 27
M 5 P 5 ...The Smart Solution
Sealed Bid
Water Meter GPS Service Bid No.:2017-26
City of Pomona
C/O City Clerk's Office/Bid
P.O. Box 660
Pomona, CA 91763
Submitted By:
Mountain States Pipe &
Supply
111 W. Las Vegas St.
Colorado Springs, CO
80903
...The Smart Solution
MS ' S
December 21, 2017
City of Pomona
Water Resources Department
505 S. Garey Avenue
Pomona, CA 91766
Re: Ci ide Water Metering Infrastructure GPS Identification Bid No. 2017-26
To Whom It May Concern:
Thank you for the opportunity for consideration in the Invitation to Bid. Mountain States Pipe and
Supply (MSPS) is pleased to provide The City of Pomona Water Resources Department with the
enclosed proposal for Citywide Water Metering Infrastructure GPS Identification.
MSPS has been in business for over 62 years, and focused on supplying AMI services for the past 25
years. Familiarity with GIS/GPS mapping is a major part of our extensive experience installing AMI
infrastructure, which makes MSPS uniquely well-suited to satisfying the needs of the City of Pomona
as laid out in the IFB.
In addition to MSPS's knowledge of GPS infrastructure identification, our proficiency in project
management and confidence in our subcontractor, Retro-Tech Systems (RTS), means that we can
provide the City with a highly accurate audit of the current meter and backflow infrastructure, accurate
GPS and photographic data thereof, and a complete geodatabase for integration with the City's.
Should there be any questions or concerns regarding our proposal the individuals listed below will
serve as the primary contacts for City staff:
i
Jerry Uhlman Paul Carroll
Office: 719-475-4021 Office: 719-475-4020
Mobile: 719-238-7912 Mobile: 719-351-4120
Email: juhlman(c�rnsps.com Email: pcarroll .msps.com
On behalf of Mountain States Pipe & Supply, thank you for the opportunity to respond to this Invitation
to Bid, we look forward to your reply regarding our proposal.
Sincerely,
Paul Carroll
Chief Executive Officer
PO Box 698,Colorado Springs,CO 80901-111 W.Las Vegas SL,Colorado Springs,CO 80903
Phone(719)6345555 Fax(719)6345551 Acrountinu Fax(719)667-1012
i
citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26
8. BIDDER SUMMARY SHEET -
Bidder's Name: A&U,'I 4
Bidder's Address: / � 1/ t.5 ' A10 `�1 y' If ?
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:
Bidder's Main Telephone Number: ��_ - 6555
Fax Number:
Bid Contact(person responsible for answering questions related to the Bid response):
Name: X/I�w/
Title:
Telephone Number: Fax:
Email: >�s ' ;
Management Contact(person responsible for making contract decisions).-
Name:
ecisions):Name:
Title:
Telephone Number: Fax:
Email: /
E
Contract/Account Manager(Person responsible for the day-to-day servicing of the Contract/Account):
Name: Title:
Telephone Number:
Fax:
Email:
Page 10 of 27
Citywide Water Metering Infrastructure GPS Identification,Bid No.:2017-26
11.BID SHEET
ITEM DESCRIPTION QUANTITY UNITPRICE TOTAL PRICE
1 MOBILIZATION, DEMOBILIZATION AND 1 Lump Sum � jV�
PERMITS
2 GPS IDENTIFICATION 31,000 EA ��j, P5 6g No.00
I — -
3 GPS TO GIS DATA RENDERING 31,000 EA 3,00 f93,Co. 00
4 METER SITE PHOTOGRAPHY 1 Lump Sum E�lcl
5 WORKFLOW METHODOLOGY DATA I 1 EA .old'0
REPORT
6 GIS DATA&GEODATABASE CREATION 1 Lump Sum
BACKFLOW&SAMPLING STATION
T IDENTIFICATION 2,000 EA �5,��j � (
METER SERVICE
$ LATERAL& 31,000 EA 1�?,(�
APPURTENANCES IDENTIFICATION
vij-
9 FTP DATA DELIVERY 1 EA
Other Costs—Use the space below to
10 breakdown and itemize each additional 1 Lump Sum
costs
not included in Line Items i—9.
i
TOTAL PROJECT AMOUNT: { 460'
i
Breakdown of Other Costs from Line Item#10:
UNIT OF UNIT TOTAL
DESCRIPTION CITY MEASURE PRICE PRICE
I
0
I
I:
s
I
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 rovide within the past five (5) years.
1. Company Name
__Z2jZ
7(
Address
City E^II i'll"e e State Zip
Contact Name and Title: l�(G(/`r'� cJ j
Telephone_ _ �? - � Email o r
Number of years that services have b9en or wereprovided: It
Service provided '` ��![ll•� `.' �!� �' j/' / �/ � r
2. Company Name
Address
Cityell State Zip
Contact Name and Title: �-
Telephone �7 ' (� Email
Number of years that services have been or were provided: Ley
Service provided
3. Company Name
Address � c
V
City irvi State_ zip
Contact Name and ` e:
�` �L I �1 Email f
Telephone
. d
Number of years that services have been or were provided:
Service provided �5 ref f-
Page 15 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:
Division or Subsidiary, if applicable:
Business Address:
�Q 1 Ems, X03
Business Telephone No.: -711
Contact Person:
Title:
Type of Business:
Non Profit [ ]
Sole Proprietorship [ ]
Partnership— General [ ]
— Limited [ ]
— Corporation
Is the business 51% or more owned by: w
American Indian [ ]
Asian [
Black [ ]
Hispanic [ ] I
Female
Other
(please specify) t
Prepared By: 1 .�
Title: gar
Date:
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 State of California, that they fareaoing is true and correct
and that this certification was executed on (Date) % at (Location) 6105 fj, r y-
Cali <a. '
Business: r By.
Address: 7T, (Signature)
1 {
�3 cc- 7C'��-cfL-& C�v
(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;
9. 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: ��� ` By= t J
t (Signature)
Address: 5 16P,' Au-[ T C'Mt,�u L L C_e` 0
(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 S. Vendor shall defend, indemnify and hold the City, its
name) Al h' officials, officers, employees, volunteers and agents free and
Fl uN
/�v ' SGS f �� � harmless from any and all Claims (as defined below) in any
(the Vendor, referred to herein s "Vendor') d e City of manner arising out of or incident to (i) any acts, omissions,
Pomona (hereinafter referred to as the "City")`hovering 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 "Vendors), 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
C 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.
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 perforated 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 i
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 QtY will issue
foregoing which are beyond the Vendor's control. payments within 30 days after aggroving 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. I
of any breach which may then exist on the part of E
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. 11 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
orized Representative
Vendor's Auth
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 of4ignature
�' ° 1212
California. Vendor agrees that the State and Federal courts Date
which sit in the State of California shall have exclusive
jurisdiction over all controversies andA
disputes arising �a L T
hereunder, and submits to the jurisdiction thereof. Print Name
21. Vendor shall abide by all applicable Prevailing Wage
requirements pursuant to the California Labor Code, Title
ATTORNEY'S FEES AND COSTS f /
22. In any action by a party to enforce its rights Business Name
hereunder, the nonprevaifing party shall pay the prevailingL
party's legal costs and expenses (including reasonable Phone Number
attorney's fees).
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 (formai
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
17.EXCEPTIONS SHEET
Exceptions to any part of this bid document (scope of work, specifications, required forms, sample
terms and conditions, etc.) must be clearly identified and described in detail using the following
worksheet. Make a copy of, and use additional sheets if needed. Bidder must state if no exceptions
will be taken. Failure to complete and submit this worksheet with the bid response may render the
bid submittal as non-responsive.
"Citywide Water Metering Infrastructure GPS Identification, Bid No.. 2017-26"
Reference Reference Exceptions
Page# Item#
Page 26 of 27
D
Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26
98.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 Pm�
(ra�itrefc�f'rr�1e
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 skqning this document upon award of a contract 1 agree to comPly with all
s ecirications sco a of services re uirements and terms and conditions described herein
at the Prices 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; Authoriz6d signer:
Business Address: (Signature)
V AM� LLL
Phone Numb r/ mail Address: (Print Name & Title)
5 .
Page 27 of 27