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December 20, 2017
Keri Hinojos
Purchasing Manager
City of Pomona
505 South Garey Avenue
Pomona, CA 91766
REF: Bid Number 2017-26
Citywide Water Metering Infrastructure GPS Identification
Dear Ms. Hi_nojos:
Thank you for the opportunity for our firm to submit a bid for Bid Number 2017-26 for Citywide Water
Metering Infrastructure GPS Identification. Enclosed is an original,wet-signed bid package, a copy and a
PDF on a flash drive, for the City's use.
We believe that our bid is completely responsive to the City's needs for the GIS survey of the City's
water meters and back flow devices in support of the City's implementation of the Advanced Metering
Infrastructure Pilot. Our firm recently completed a GIS based analysis of the City of San Jacinto's Water
Utility which developed a GIS base map and inventory of all of the City's water delivery lines in order to
establish a proactive asset management program in support of a budget-based(water conservation)rate
study. Our work included identifying each water line,determining its characteristics and establishing a
data system. In addition,we processed photometric data provided by a third party in order to determine
the irrigatable areas of the City's 4,300 service locations.
Our firm conducted a field reconnaissance and audit of the City of Perris' water service connections,
including preparing an inventory of the City's backflows for regulatory compliance,as well as performing
an audit on existing water services in order to document meter serial number,valve body serial number
and Sensus Automated Meter System field units in order to ensure accurate billing information as well as
inventory records.
Finally,we are currently supporting the GIS system in the City of Rialto's Public Works Department
including assisting in that City's Budget Based Water Rate Study by field checking meter locations with
addresses,as well as data quality review.
If we are the successful bidder,we are prepared to issue appropriate Insurance Certifications. We intend
to establish a field office in Pomona to support this effort within 10 days of award. All proposed
timelines and working days are acceptable to our firm. We anticipate hiring and using our own staff to
perform this work.
We appreciate the opportunity to provide this bid document for the City,and look forward to working
with the City.
Respectfully,
Lynn Merrill
President
256 Cajon Street, Suite C, Redlands, California, 92373
Telephone 909-894-4425 Email LCMUPLANO&aol.com
Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26
8. BIDDER SUMMARY SHEET
Bidder's Name: Lynn Merrill and Associates, Inc.
Bidder's Address: 256 Cajon Street, Suite C, Redlands CA92373
PlanetBids Vendor ID Number for the City of Pomona: 495823
(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: 13 years
Bidder's Main Telephone Number: (909) 894-4425
Fax Number: None
Bid Contact (person responsible for answering questions related to the Bid response):
Name: Lynn Merrill Title: President
Telephone Number: (909) 894-4425 Fax: None
Email: Icmu land aol.com
Management Contact (person responsible for making contract decisions):
Name: Ashish Marwah Title: Senior Consultant
Telephone Number: (505) 615-9416 Fax: None
Email: ashish.a.marwah mail.com
Contract/Account Manager (Person responsible for the day-to-day servicing of the ContractlAccount):
Name: Ashish Marwah Title: Senior Consultant
Telephone Number: (505) 615-9416 Fax: None
Email: ashish.a.marwah mail.com
Page 10 of 27
Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26
9. SPECIFICATIONS AND SCOPE OF SERVICE
A. The City shall provide the Vendor with the following information to complete the project:
1. Geographical Information System (GIS) shapefiles such as parcels, centerlines, meter
reading route book polygons and other data as required.
2. All required available as-built drawings and infrastructure atlas data.
B. General Requirements
1. The City of Pomona estimates there are approximately 31,000 meters citywide. All of
these meters shall be identified with GPS coordinates. All meter points identified shall be
created within a GIS geodatabase..
2. The Contractor shall utilize a Geographical Information System (GIS) ArcMap
geodatabase to convey all of the GPS identification locations.
3. All GIS information provided shall be compatible with ArcMap 10.3.1, and the City's
defined projected coordinate system.
4. The GIS data shall be a "point" type for the GPS identified infrastructure. The
infrastructure attribute table shall include the fields as identified below:
Infrastructure Attribute Data:
a. Site Address
b. Infrastructure Type: Meter, Sampling Station, DCDA, DC, RPPA, RPDA
c. Meter Size, Manufacturer and Model
d. Service Diameter
e. Service Material Type: Steel, Copper, Other
f. Enclosure Type: Vault, Vault w/Steel Lid, Steel Cage, Other
g. Notes
h. Meter Working Condition
i. Empty Enclosure or Vault
j. Existing Meter Serial Number
k. Customer Shut-off Valve: Yes or No
I. Shortl Long Service
m. Existing AMI Compatibility and Meter Manufacturer
n. Confined Space: Yes or No
o. Type of meter (Turbine, PD, Ultrasonic, Compound etc.)
p. Meter box size #3, 4, 5 or 6
q. Meter box location (Lawn, Parkway or Sidewalk)
r. Curb Stop Type (Flared, compression)
s. Obstructions (Wall, Fence Etc.)
t. GPS Coordinates (GPSX, GPSY)
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Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26
5. The GPS identification site shall be any of the following locations:
a. the center of the meter vault lid
b. sampling station enclosure
c. meter body or backflow body
6. Below is the working condition assessment coding system that shall be identified within
the GIS attribute table:
Meter Working Condition Assessment:
• 1 = Good
• 2 = Non-Operable Meter
• 3 = Missing Meter
• 4 = Broken Meter Casing
• 5 = Broken Enclosure
7. Deliverables shall include:
a. A full geodatabase (.gdb) including all point data for the GPS identified infrastructure in
terms of GPSX and GPSY.
b. A comprehensive workflow methodology report identifying the geodatabase setup
method, attribute information and coded values created for the data shall be included.
The report shall be delivered in PDF format. Data shall be delivered via an external
hard drive, or through a secured file transfer protocol (FTP) site.
c. The City requires that the GPS data has sub-meter accuracy. The GPS receivers shall
have the ability to log raw GPS data, and enable the data to be post-processed using
ArcMap compatible desktop GPS software.
d. The GPS processing methods and software used shall be identified within the report
for the project.
e. The horizontal accuracy shall be one (1) meter or better, using real-time, or post
processed differential corrections.
f. The GPS processing software that was used to process the data to create the GIS
geodatabase in the required report. The GPS processing software shall allow the data
to be exported into the City defined coordinate system.
g. Photographs of all sites shall be included in the report.
8. Completion of Work
All work shall be completed within one hundred twenty (120) working days after receipt of
a Purchase Order issued by the Purchasing Division.
9. Requirements
Vendor shall be responsible for ensuring that its employees have a valid California driver's
license when driving a motor vehicle and performing the GPS identification services.
- [END OF SCOPE OF WORK]-
Page 12 of 27
Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26
10.SPECIFICATION WORKSHEET � ���� rv�rvtl�4� � ._
Not Applicable.
Page 13 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 $7,120.00 $7,120.00
PERMITS
2 GPS IDENTIFICATION 31,000 EA $3.70 $114,700.00
3 GPS TO GIS DATA RENDERING 31,000 EA $1.97 $61,070.00
4 METER SITE PHOTOGRAPHY 1 Lump Sum $22,928.00 $22,928.00
5 WORKFLOW METHODOLOGY DATA 1 EA $4,702.00 $4,702.00
REPORT
6 GIS DATA& GEODATABASE CREATION 1 Lump Sum $3,527.00 $3,527.00
BACKFLOW & SAMPLING STATION
7 IDENTIFICATION 2,000 EA $9.86 $19,720.00
8 METER SERVICE LATERAL&
APPURTENANCES IDENTIFICATION 31,000 EA $3.45 $105,950.00
9 FTP DATA DELIVERY 1 EA $1,176.00 $1,176.00
Other Costs—Use the space below to
10 breakdown and itemize each additional 1 Lump Sum 0 0
costs not included in Line Items 1 —9.
TOTAL PROJECT AMOUNT: $341,893.00
Breakdown of Other Costs from Line Item #10:
DESCRIPTION QTY UNIT OF UNIT TOTAL
MEASURE PRICE PRICE
NIA
NIA
NIA
NIA
N/A
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 City of Perris - Public Works
Address 1015 South G Street
City Perris State CA Zip 92570
Contact Name and Title: Daryl Hartwill, Public Works Director
Telephone (951) 657-3280 Email dhattwill@cityofperris.org
Number of years that services have been or were provided: 10 years (2007 to 2017)
Service provided Performed inventories of backflow devices, water meters and irrigation systems
using manual and GIS methods. As Interim Public Works Supervisior, oversaw water utility operations.
2. Company Name City of San Jacinto
Address 270 Bissell Place
City San Jacinto State CA Zip 92583
Contact Name and Title: Dan Mudrovich, Water and Waste-water Utilities Superintendent
Telephone (951) 487-7381 Email dmudrovich@sanjacintoca.us
Number of years that services have been or were provided: 8 years (2009 to 2017)
Service provided Prepared GIS mapping of city's water utility and meter service areas as park
of budget based rate study.
3. Company Name City of Rialto
Address 335 West Rialto Avenue
City Rialto State CA Zip 92376
Contact Name and Title: Robert Eisenbeisz, Public Works Director/ City Engineer
Telephone 909 421-7279 Email reisenbeisz rialto.ca.gov
Number of years that services have been or were provided: 10 years (2007 to present)
Service provided Various Public Works and NPDES support including GIS systems management
for budget based rate study.
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: Lynn Merrill and Associates Inc.
Division or Subsidiary, if applicable: NIA
Business Address: 256 Cajon Street, Suite C
Redlands, CA 92373
Business Telephone No.: (909) 894-4425
Contact Person: Lynn Merrill
Title: President
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 [ ]
Other White 1 X]
(please specify)
f
Prepared By: Lynn Merrill
Title: President
Date: December 20, 2017
For more information, please contact the City of Pomona Purchasing Division (909) 620-2381.
Page 16 of 27
Citywide Water Metering infrastructure CPS 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 the foregoing is true and correct
and that this certification was executed on (Date)Dec 20, 2017 at (Location) Redlands, CA
California.
Business: By:
Lynn Merrill and Associates, Inc.
{S
Address: ignature
)
256 Cajon Street, Suite C, Redlands, CA 92373 Lynn Merrill, President
(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
became 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: Lynn Merrill and Associates, Inc. By:
(Signa�re)
Address: 256 Cajon Street, Suite C, Redlands, CA 92373 Lynn Merrill, President
(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
Lynn Merrill and Associates, Inc. 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 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.
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Citywide Water Metering Infrastructure GPS identification, Bid No.:2017-26
SALES AND USE TAXESm w 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
.91
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 ap-proving 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..2017-2E
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 ( n 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 ofVZ `alav/
California. Vendor agrees that the State and Federal courts Signa6rd, Date
which sit in the State of California shall have exclusive Lynn Merrill
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 President
requirements pursuant to the California Labor Code_ Title
ATTORNEY'S FEES AND COSTS Lynn Merrill and Associates, Inc. T
22. In any action by a party to enforce its rights Business Name
hereunder, the nonprevailing party shall pay the prevailing (909)894-4425
party's legal costs and expenses (including reasonable Phone Number
attorney's fees).
Icmupland@aol.com
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 "A"
SAMPLE -VENDOR PERFORMANCE EVALUATION
To Date
Attention of
Contact title and Purchase Order Number
Email
From
1. Discrepancy or problem — Describe the specifics of the deficiencies, and review with the Department
Director and Purchasing. Contract manager identifies if specific problem occurred previously. If this issue
has been brought up previously, state dates of discussion. Send the form to the Vendor for review and
signature.
Vendor shall review the following and respond by: Date: Time
Number of times t_hi&4zficiency has occurred since agreement exec n:
Department Dire or prin In to
2. Vendor resp -Th e o�e uir d o es rib t o o ecti e cl ior t b
Vendor Signature. print/sign Date
3. Disposition/action taken -After reviewing the Vendor's response, the contract manager enters the
action taken, or required and returns a copy of the completed farm to the Vendor and Purchasing.
Department Director: print/sign Date
4. Purchasing File— Submit final performance documentation to Purchasing for file.
Vendor Performance Evaluation form has been provided to Purchasing Division for file:
Purchasing Manager: print/sign Date
Page 22 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-: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
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 Lynn Merrill and Associates, Inc. (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 III: 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
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 11 or Ill. 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.
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:
L 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,emp oyee,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
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 #
No Exceptions.
Page 26 of 27
Citywide Water Metering Infrastructure GPS Identification, Bid No.:2417-26
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.
I —Lynn Merrill President 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 1 signing a contract to sell goods or perform services.
By signingAgning this document a on award of a contract 1 a ree to comply with all
specifications, sco a of services re uirements and terms and conditions described herein
at the Price(s) 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:
Lynn Merrill and Associates Inc.
Business Address: (Slgnatur }
256 Cajon Street, Suite C, Redlands, CA 92373 Lynn Merrill, President
Phone Number/E-mail Address: {Print Name & Title}
909 894-4425, [cmupland@aol.com
Page 27 of 27
MIIIIIIIIIII�Lynn !Merrill
&Associates,Inc.
':unzuftlriQ t4 Mnklpal Gmrcmmmks
SustalnnDllirysOptr�IURi MTIdQ?fR4M
December 20,2017
Keri Hinojos
Purchasing Manager
City of Pomona
505 South Garey Avenue
Pomona,CA 91766
REF: Bid Number 2017-26
Citywide Water Metering Infrastructure GPS Identification
Dear Ms.Hinojos:
Thank you for the opportunity for our firm to submit a bid for Bid Number 2017-26 for Citywide Water
Metering Infrastructure GPS Identification. Enclosed is an original,wet-signed bid package,a copy and a
PDF on a flash drive, for the City's use.
We believe that our bid is completely responsive to the City's needs for the GIS survey of the City's
water meters and back flow devices in support of the City's implementation of the Advanced Metering
Infrastructure Pilot. Our firm recently completed a GIS based analysis of the City of San Jacinto's Water
Utility which developed a GIS base map and inventory of all of the City's water delivery lines in order to
establish a proactive asset management program in support of a budget-based(water conservation)rate
study. Our work included identifying each water line, determining its characteristics and establishing a
data system.. In addition,we processed photometric data provided by a third party in order to determine
the irrigatable areas of the City's 4,300 service locations.
Our firm conducted a field reconnaissance and audit of the City of Perris'water service connections,
including preparing an inventory of the City's backflows for regulatory compliance,as well as performing
an audit on existing water services in order to document meter serial number,valve body serial number
and Sensus Automated Meter System field units in order to ensure accurate billing information as well as
inventory records.
Finally,we are currently supporting the GIS system in the City of Rialto's Public Works Department
including assisting in that City's Budget Based Water Rate Study by field checking meter locations with
addresses,as well as data quality review.
If we are the successful bidder,we are prepared to issue appropriate Insurance Certifications. We intend
to establish a field office in Pomona to support this effort within 10 days of award. All proposed
timelines and working days are acceptable to our firm. We anticipate hiring and using our own staff to
perform this work.
We appreciate the opportunity to provide this bid document for the City,and look forward to working
with the City.
Respectfully,
—;4 164
Lynn Merrill
President
256 Cajon Street,Suite C,Redlands, California, 92373
Telephone 909-894-4425 Ernall LCMUPLAND aol.com
Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-26
8. BIDDER SUMMARY SHEET
Bidder's Name: Lynn Merrill and Associates, Inc.
Bidder's Address: 256 Cajon Street Suite C Redlands CA92373
PlanetBids Vendor ID Number for the City of Pomona: 495823
(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: 13 years
Bidder's Main Telephone Number: 909 894-4425
Fax Number: None
Bid Contact (person responsible for answering questions related to the Bid response):
Name: Lynn Merrill
Title: President
Telephone Number: (909) 894-4425 Fax: None
Email: Icmu land aol.com
Management Contact (person responsible for making contract decisions):
Name: Ashish Marwah Title: Senior Consultant
Telephone Number: (505) 615-9416 Fax: None
Email: ashish.a.marwah mail.com
Contract/Account Manager (Person responsible for the day-to-day servicing of the Contract/Account):
Name: Ashish Marwah Title: Senior Consultant
Telephone Number: (505) 615-9416 Fax: None
Email: ashish.a.marwah@gmaii.com
Page 10 of 27
Citywide Water Metering Infrastructure GPS Identification, Bid No.:2017-25
9. SPECIFICATIONS AND SCOPE OF SERVICE
A. The City shall provide the Vendor with the following information to complete the project:
1. Geographical Information System (GIS) shapefiles such as parcels, centerlines, meter
reading route book polygons and other data as required.
2. All required available as-built drawings and infrastructure atlas data.
B. General Requirements
1. The City of Pomona estimates there are approximately 31,000 meters citywide. All of
these meters shall be identified with GPS coordinates. All meter points identified shall be
created within a GIS geodatabase.
2. The Contractor shall utilize a Geographical Information System (GIS) ArcMap
geodatabase to convey all of the GPS identification locations.
3. All GIS information provided shall be compatible with ArcMap 10.3.1, and the City's
defined projected coordinate system.
4. The GIS data shall be a "point" type for the GPS identified infrastructure. The
infrastructure attribute table shall include the fields as identified below:
Infrastructure Attribute Data:
a. Site Address
b. Infrastructure Type: Meter, Sampling Station, DCDA, DC, RPPA, RPDA
c. Meter Size, Manufacturer and Model
d. Service Diameter
e. Service Material Type: Steel, Copper, Other
f. Enclosure Type: Vault, Vault w/Steel Lid, Steel Cage, Other
g. Notes
h. Meter Working Condition
i. Empty Enclosure or Vault
j. Existing Meter Serial Number
k. Customer Shut-off Valve: Yes or No
I. Short/ Long Service
m. Existing AMI Compatibility and Meter Manufacturer
n. Confined Space: Yes or No
o. Type of meter (Turbine, PD, Ultrasonic, Compound etc.)
p. Meter box size #3, 4, 5 or 6
q. Meter box location (Lawn, Parkway or Sidewalk)
r. Curb Stop Type (Flared, compression)
s. Obstructions (Wall, Fence Etc.)
t. GPS Coordinates (GPSX, GPSY)
Page 11 of 27
Citywide Water Metering Infrastructure GPS Identification, Bid No.: 2017-26
5. The GPS identification site shall be any of the following locations:
a. the center of the meter vault lid
b. sampling station enclosure
c. meter body or backflow body
6. Below is the working condition assessment coding system that shall be identified within
the GIS attribute table:
Meter Working Condition Assessment:
• 1 = Good
• 2 = Non-Operable Meter
• 3 = Missing Meter
• 4 = Broken Meter Casing
• 5 = Broken Enclosure
7. Deliverables shall include:
a. A full geodatabase (.gdb) including all point data for the GPS identified infrastructure in
terms of GPSX and GPSY.
b. A comprehensive workflow methodology report identifying the geodatabase setup
method, attribute information and coded values created for the data shall be included.
The report shall be delivered in PDF format. Data shall be delivered via an external
hard drive, or through a secured file transfer protocol (FTP) site.
c. The City requires that the GPS data has sub-meter accuracy. The GPS receivers shall
have the ability to log raw GPS data, and enable the data to be post-processed using
ArcMap compatible desktop GPS software.
d. The GPS processing methods and software used shall be identified within the report
for the project.
e. The horizontal accuracy shall be one (1) meter or better, using real-time, or post
processed differential corrections.
f. The GPS processing software that was used to process the data to create the GIS
geodatabase in the required report. The GPS processing software shall allow the data
to be exported into the City defined coordinate system.
g. Photographs of all sites shall be included in the report.
8. Completion of Work
All work shall be completed within one hundred twenty (120) working days after receipt of
a Purchase Order issued by the Purchasing Division.
9. Requirements
Vendor shall be responsible for ensuring that its employees have a valid California driver's
license when driving a motor vehicle and performing the GPS identification services.
— [END OF SCOPE OF WORK]—
Page 12 of 27
Citywide Water Metering Infrastructure GPS Identification, Bid No.: 2017-26
10.SPECIFICATION WORKSHEET
Not Applicable.
Page 13 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
PERMITS 1 Lump Sum $7,120.00 $7,120.00
2 GPS IDENTIFICATION 31,000 EA $3.70 $114,700.00
3 GPS TO GIS DATA RENDERING 31,000 EA $1.97 $61,070.00
4 METER SITE PHOTOGRAPHY 1 Lump Sum $22,928.00 $22,928.00
5 WORKFLOW METHODOLOGY DATA 1 EA $4,702.00 $4,702.00
REPORT
6 GIS DATA & GEODATABASE CREATION 1 Lump Sum $3,527.00 $3,527.00
7 BACKFLOW & SAMPLING STATION 2,000 EA
IDENTIFICATION $9.86 $19,720.00
$ METER SERVICE LATERAL&
APPURTENANCES IDENTIFICATION 31,000 EA $3.45 $106,950.00
9 FTP DATA DELIVERY 1 EA $1,176.00 $1,176.00
Other Costs—Use the space below to
10 breakdown and itemize each additional 1 Lump Sum 0 0
costs not included in Line Items 1 —9.
TOTAL PROJECT AMOUNT: $341,893.00
Breakdown of Other Costs from Line Item #10:
DESCRIPTION QTY UNIT OF UNIT TOTAL
MEASURE PRICE PRICE
NIA
NIA
NIA
NIA
NIA
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 City of Perris - Public Works
Address 1015 South G Street
City Perris State CA Zip 92570
Contact Name and Title: Daryl Hartwill, Public Works Director
Telephone (951) 657-3280 Email dhartwill@cityofperris.org
Number of years that services have been or were provided: 10 years (2007 to 2017)
Service provided Performed inventories of backflow devices, water meters and irrigation systems
using manual and GIS methods. As Interim Public Works Supervisior, oversaw water utility operations.
2. Company Name City of San Jacinto
Address 270 Bissell Place
City San Jacinto State CA Zip 92583
Contact Name and Title: Dan Mudrovich, Water and Waste-water Utilities Superintendent
Telephone (951) 487-7381 Email dmudrovich@sanjacintoca.us
Number of years that services have been or were provided: 8 years (2009 to 2017)
Service provided Prepared GIS mapping of city's water utility and meter service areas as part
of budget based rate study.
3. Company Name City of Rialto
Address 335 West Rialto Avenue
City Rialto State CA Zip 92376
Contact Name and Title: Robert Eisenbeisz, Public Works Director/ City Engineer
Telephone (909) 421-7279 Email reisenbeisz@rialto.ca.gov
Number of years that services have been or were provided: 10 years (2007 to present)
Service provided Various Public Works and NPDES support including GIS systems management
for budget based rate study.
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: L nn Merrill and Associates Inc.
Division or Subsidiary, if applicable: NIA
Business Address: 256 Cajon Street, Suite C
Redlands, CA 92373
Business Telephone No.: (909) 894-4425
Contact Person: Lynn Merrill
Title: President
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 [
Other White [X1
(please specify)
Prepared By: Lynn Merrill
Title: President
Date: December 20 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.
In. 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.
1. 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 the foregoing is true and correct
and that this certification was executed on (Date)Dec 20, 2017 at (Location) Redlands, CA
California.
Business: By:
Lynn Merrill and Associates, Inc.
Address: (Signature)
256 Cajon Street, Suite C, Redlands, CA 92373 Lynn Merrill, President
(Print Name &Title)
Page 17 of 27
Citywide Water Metering Infrastructure GP5 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: Lynn Merrill and Associates, Inc.. By:
Anat��
Address: 256 Cajon Street, Suite C, Redlands, CA 92373 Lynn Merrill, President
(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
Lynn Merrill and Associates, Inc. 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 of 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
10. If federal excise tax is applicable to the transaction,
FREIGHT CHARGES the Vendor must be clearly state so in writing and shall
7. All shipments are F.O.B. — Destination, and Vendor exclude said tax from the price. The City of Pomona, as a
pays charges, unless specified otherwise in this Order. If the government agency, is exempt from the payment of said tax
City and Vendor agree that an Order will be F.O.B. — Origin, and will issue an exemption certificate upon Vendor's
then the Vendor shall prepay the freight and add the freight request.
cost to the invoice. The City reserves the right to request a
copy of the paid express or freight bill.
Page 119 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 wifhin 30 days after approving 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 Bilis 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 ( n and submit with bid response)
between the City and Vendor, and shall be governed by and IZ ,
construed in accordance with the laws of the State of f
California. Vendor agrees that the State and Federal courts Signa r Date
which sit in the State of California shall have exclusive Lynn Merrill
jurisdiction over all controversies and disputes arising Print Dame
hereunder, and submits to the jurisdiction thereof. President
21. Vendor shall abide by all applicable Prevailing Wage
requirements pursuant to the California Labor Code. Title
Lynn Merrill and Associates, Inc.
ATTORNEY'S FEES AND COSTS Business Name
22. In any action by a party to enforce its rights
hereunder, the nonprevailing party shall pay the prevailing X909)894-4425
party's legal costs and expenses (including reasonable Phone Number
attorney's fees). Icmupland@aol.com
Email
CHANGE ORDERS
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.: 2017-25
CITY OF POMONA PURCHASE ORDER TERMS AND CONDITIONS - ATTACHMENT "A"
SAMPLE -VENDOR PERFORMANCE EVALUATION
To Date
Attention of
Contact title and Purchase Order Number
Email
From
1. Discrepancy or problem — Describe the specifics of the deficiencies, and review with the Department
Director and Purchasing. Contract manager identifies if specific problem occurred previously. If this issue
has been brought up previously, state dates of discussion. Send the form to the Vendor for review and
signature.
Vendor shall review the following and respond by: Date: Time
Number of times t icienc has occurred since agreement exec In.
:
Department Dire or prin . n 2. Vendor resp -Th a o e uir d o es rib t o o ecti e c
Vendor Signature: print/sign Date
3. Disposition/action taken -After reviewing the Vendor's response, the contract manager enters the
action taken, or required and returns a copy of the completed form to the Vendor and Purchasing.
Department Director: print/sign Date
4. Purchasing File— Submit final performance documentation to Purchasing for file.
Vendor Performance Evaluation form has been provided to Purchasing Division for file:
Purchasing Manager: print/sign Date
Page 22 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-: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
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 Lynn Merrill and Associates, Inc. (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
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 11 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.
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:
L 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
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#
No Exceptions.
Page 26 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.
I Lynn Merrill President 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 si_gnin_q this document, upon award of a contract 1 agree to comply with all
s ecifications sco a of services requirements and terms and conditions described herein
at the price(s) 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:
Lynn Merrill and Associates Inc. Ana
Business Address: (Slgnature)
256 Cajon Street, Suite C, Redlands, CA 92373 Lynn Merrill, President
Phone Number/E-mail Address: (Print Name & Title)
909 894-4425, lcmupland@aol.com
Page 27 of 27
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