HomeMy WebLinkAboutAGR-7276 - TERRYS TESTING INC - MAINTENANCE SERVICES FOR BACKFLOW DEVICE TESTING AT VARIOUS LOCATIONS - RFB 20-21.06Firefox about:blank
MAINTENANCE SERVICES AGREEMENT
Maintenance Services for BackflowDevice Testing at Various Locations (RFB 20-21.06)] THIS
MAINTENA.,N1C E.. SERVICES AGREEMENT (the "Agreement") is made at Orange.
California. our this a! st day of _ IC 2021, by and between the CITY OF
ORANGE, a. municipal corporation ("City") and TERRlr'S TESTING, INC., a California. corporation ("
Contractor"), who agree as follows. 1.
Services. Subject. to the ternis and conditions set forth in this Agreement. Contractor shall
provide to the reasonable satisfaction of City the services set forth in Exhibit "A," which is attached
hereto and incorporated herein by this reference. As a material inducement to City to enter into
this Agreement. Contractor represents and warrants that it has thoroughly investigated and considered
the scope of services and fully understands the difficulties and restrictions in performing tine
work. Contractor represents that it is experienced in perfonning the work and will follow the highest
professional standards in performance of the work. All services provided shall confornn to all federal,
state and local laws, rules and regulations and to the best professional standards and practices. The
terms and conditions set forth in this Agreement shall control over any teens and conditions nn Exhibit "
A" to the contrary. Nathan
Bhulnun, ("City's Project Manager"), shall be the person to whom Contractor will report for
the performance of services hereunder. It is understood that Contractor's performance hereunder shall
be under the supervision of City's Project Manager (or designee), that Contractor shall coordinate its
services hereunder with City's Project Manager to the extent required by City's Project Manager, and
that all performances required hereunder by Contractor shall be performed to the satisfaction of City'
s Project Manager and the City Manager. 2.
Total Compensation, Annual Compensation and Fee Schedule. a.
Contractor's total compensation for all services performed raider this Agreement,
shall not exceed THIRTY THOUSAND DOLLARS and 00/100 ($30,000.00) without the prior
written authorization of City. b.
The above fee shall include all costs. including, but not limited to, all clerical. administrative,
overhead, insurance, reproduction, telephone, travel.. auto and equipment rental, and all
related expenses. 2.
1 Term and Extension(s) a.
The Initial Tenn of this Agreement is one (1) year (the "Initial Term"); provided,
however, that City has the right to extend the tern of this Agreement for successive one- year
extensions at the compensation stated iiu Section 2.a. b.
The City Managcr is hereby authorized on behalf of City to give written notice to
Contractor of City's intention to exercise each Extension (if at all) no later than thirty (30) days prior
to the Expiration Date of the then -current tens; provided, however, that City's notice of its I
of 22 10/7/2021, 5:20 PM
Firefox about:blank
intention to extend the term of this Agreement for each Extension shall be expressly conditioned upon
and subject to the approval by the City Council. in its sole and absolute discretion. of ail amount
sufficient to pay the compensation set. forth herein for each Extension as part of its animal budget.
approval process prior to the begiiuniing of each Extension. While the parties acknowledge that City
is required to give its notice of intention to extend the term of this Agreement not later than thirty (30)
days prior to the Expiration Date of then -current terns, it is possible that the City Council's approval
of its annual budget and appropriation of fields for the Extension in question may occur thereafter.
Accordingly, if the City Council fails to approve and appropriate finds sufficient to pay the amount
of compensation set forth herein for an Extension. this Agreement shall terminate and be of no further
force and effect as of the expiration of the then -current tern. Notwithstanding anything in this
provision to the contrary, in the event City gives Contractor written notice exercising an Extension
and City receives notice that appropriation of fiends for the Extension in question are not available
after Contractor has performed services under the Extension. City agrees that Contractor will be
equitably compensated for all services perforned under any portion of an"Extension through the date
of termination of the Agreement. Except as specifically set forth herein. the terns and conditions of
each Extension will be the same as the Initial. Agreement.
C. Any Extension, if properly exercised, shall be memorialized in the form of ail
amendment to this Agreement. The City Manager is hereby authorized to approve and execute
amendments to this Agreement reflecting the exercise of each Extension and the amount of
compensation (including the aInou nt of funds to be made available for additional work or services)
payable to Contractor for each respective Extension.
3. Payment.
a. As scheduled services are completed. Contractor shall subunit to City an invoice
for the services completed, authorized expenses and authorized extra work actually performed or
incurred.
b. All such invoices shall state the basis for the amount unvoiced. including
services completed, the number of hours spent and any extra work performed:
C. City will pay Contractor the amount invoiced within thirty (30) days after the
approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs and
authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope or
complexity of work, or for any other reason, shall be made unless and until such extra services and a
price therefor have been previously authorized in writing and approved by City as in amendment to
this Agreement. The amendment shall set forth the changes of work, extension of time. and adjustment
of tine compensation to be paid by City to Contractor.
S. Licenses. Contractor represents that it and any subcontractors it may engage. possess
any and all licenses which are required under state or federal law to perform the work contemplated
2 of22 10/7/2021, 5:20 PM
Firefox about:blank
by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses,
including a City of Orange business license. at its cost, during the performance of this Agreement.
6. Independent Contractor. At all tines during the term of this Agreenent. Contractor
shall be an independent contractor and not an employee of City. City shall have the right to control
Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement.
City shall not have tine right to control the means by which Contractor accomplishes services rendered
pursuant to this Agreement. Contractor shall, at. its sole cost and expense, furnish all facilities.
materials and equipment which may be required for furnishing services pursuant to this Agreement.
Contractor shall be solely responsible for. and shall iudenmmify, defend and save City harmless from
all matters relating to the payment of its subcontractors. agents and employees. including compliance
with social security. withholding and all other wages, salaries, benefits, taxes.. exactions. and
regulations of any nature whatsoever. Contractor acknowledges that it and any subcontractors, agents
or employees employed by Contractor shall not, sunder any circumstances, be considered employees
of City, and that they shall not. be entitled to any of the benefits or rights afforded employees of City.
including, but not limited to, sick leave, vacation leave. holiday pay. Public Employees Retirement
System benefits. or health, life. dental. long -teen disability or workers' compensation insurance
benefits.
7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have
no authority. express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.
8. Designated Persons. Except as otherwise authorized by City's Project Manager, only
the employees of Contractor shall perform work provided for under this Agreement. It is understood
by the parties that clerical and other nonprofessional work may be performed by persons other than
those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of
any part of this Agreement or of fiends to be received under this Agreement shall be of any force or
effect runless the assignment has had the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Mantager or his/her designee.
10. Time of Completion. Contractor shall commence the work in accordance with the
time period set forth in Exhibit "A" hereto or as otherwise agreed to by and between the representatives
of tine parties.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall
do all things necessary and incidental to tine prosecution of Contractor's work.
12. Reserved.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its
control. other than those delays caused by City, shall be an extension of time. No natter what the
cause of the delay. Contractor must document any delay and request an extension of time in writing at
3 of 22 10/7/2021, 5:20 PM
Firefox about:blank
the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length
of the delay outside Contractor's control. If Contractor believes that delays caused by City will cause
it to incur additional costs, itto ust specify, in writing, why the delay has caused additional costs to be incurred
and the exact annou nt of such cost at the time the delay occurs. No additional costs can be paid
that exceed the not to exceed amount stated in Section ?.a, above, absent a written amendment to this
Agreement. 14.
Products of Contractor. The documents, studies, evaluations, assessments, reports, plans,
citations. materials. manuals, technical data, logs, files, designs and other products produced or provided
by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall
deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize
such products without restriction. 15.
Equal Employment Opportunity. During the performance- of this Agreement, Contractor
agrees as follows: a.
Contractor shall not discriminate against any employee or applicant. for employment
because of race. color, religion. sex. national origin, mental or physical disability, or any other
basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that
employees are treated during employment, without regard to their race. color, religion. sex, national
origin, mental or physical disability, or any other basis prohibited by applicable law. Such actions
shall include, but not be limited to the following: employment, upgrading, demotion or transfer.
recruitment or recruitment advertising, layoff or termination, rates of pay or other fornns of compensation
and selection for training, including apprenticeship. Contractor agrees to post in conspicuous
places. available to employees and applicants for employment, a notice setting forth provisions
of this non-discrimination clause. b.
Contractor shall, in all solicitations and advertisements for employees placed by,
or on behalf of Contractor. state that all qualified applicants will receive consideration for employment
without regard to race. color. religion, sex, national origin. mental or physical disability, or
any other basis prohibited by applicable law. C.
Contractor shall cause the foregoing paragraphs (a) and (b) to beinserted in all subcontracts for
any work covered by this Agreement, provided that the foregoing provisions shall not apply to
subcontracts for standard conunercial supplies or raw materials. 16. Conflicts
of Interest. Contractor agrees that it shall not make. participate in the snaking, or
in any pray attempt to use its position as a contractor to influence any decision of City in which Contractor
knows or has reason to know that Contractor, its officers, partners, or employees have a
financial interest as defined in Section 57103 of the Government Code.:' 17. Indemnity.
a. To
the fullest extent permitted by law. Contractor agrees to indemnify. defend and hold
City, its City Council and each member thereof, and the officers, officials, agents and employees of
City (collectively the "Indemnitees") entirely harmless from all liability arising out of: 4 4
of
22 10/7/2021, 5:20 PM
Firefox about:blank
1) Any and all claims under workers' compensation acts and other
employee benefit: acts with respect to Contractor's employees or its subcontractor's employees arising
out of Contractor's work tinder this Agreement, including airy and all claims under any law pertaining
to Contractor or its employees' status as an independent contractor and any and all claims tuider Labor
Code section 1720 related to the payment of prevailing wages for public works projects; and
2) Any claim, loss, injury to or death of persons or damage to property
caused by any act. neglect, default. or omission other than a professional act or omission of Contractor.
or person, firm or corporation employed by Contractor, either directly or by independent contract,
including all damages due to loss or theft sustained by any person, firm or corporation including the
Indenmitees. or any of them, arising out of, or in any way connected with the work or services which
are the subject of this Agreement, including injury or damage either on or off City's property; but not
for any loss, injury, death or damage caused by the active negligence or willful misconduct. of City.
Contractor. at its own expense. costand risk, shall indemnify any and all, claims; actions. suits or other proceedings
that may be .brought or instituted against the Iuuletntutees on any such claim or liability covered
by this subparagraph. and shall pay or satisfy any judgment that may be rendered against the hndemnitees.
or any of theta, in any action, suit or other proceedings as a result of coverage under this subparagraph.
b.
Reserved. C.
Except for the Indenunitees. the indetmiifications provided in this Agreement shall
not be construed to extend any third party indemnification rights of any kind to any person or entity
which is not a signatory to this Agreement. d.
The indemnities set forth in this section shall survive any closing, rescission, or termination
of this Agreement, and shall continue to be binding and in full force and effect in perpetuity
with respect to Contractor and its successors. 18.
Insurance. I a.
Contractor shall carry workers' compensation insurance as required by law for the
protection of its employees during the progress of the work. Contractor understands that it is an independent
contractor and not entitled to any workers' compensation benefits tinder any City program.
b.
Contractor shall mauitai n during the life of this, Agreement. the following: minimum
amount of comprehensive general liability insurance or commercial general liability insurance:
the greater of (1) One Million Dollars ($1.000,000) per occurrence; or (2) all the insurance: coverage
and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury. death
and property damage aund be written on an occurrence basis. C.
Contractor shall maintain daring the life of this Agreement, the following unitniunum
amount of automotive liability insurance: the greater of (1) a combined single limit of One Million
Dollars ($1,000.000); or (2) all the insurance coverage and/or limits carried by or available to 5
of 22 1017/2021, 5:20 PM
Firefox about:blank
Contractor. Said insurance shall cover bodily injury. death and property damage for all owned, non -
owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the nninitnum required
coverage and/or minimums required limits which are applicable to a given loss shall be available to
City. No representation is made that the minimum insurance requirements of this Agreement are
sufficient to cover the obligations of Contractor under this Agreement.
e. Each policy of general liability and automotive liability shall provide that City,
its officers, officials, agents; and employees are declared to be additional insureds under the terms of
the policy, but only with respect to the work performed by Contractor under this Agreement., A policy
endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of
an endorsement. City will accept a copy of the poliey(ies) which evidences that City is an additional
insured as a contracting party. The tninimnutn coverage required by Subsection 18.b and c, above, shall
apply to City as an additional insured. Any umbrella liability insurance that.is provided as part of the
general or automobile liability tnninninnums set forth herein shall be maintained for the duration of the
Agreement.
f. Reserved.
g. The insurance policies maintained by Contractor shall be primary insurance and
no insurance held or owned by City shall be called upon to cover any loss under the policy. Contractor
will determine its own needs in procurement of insurance to cover liabilities other than as stated above.
h. Before Contractor performs any work or prepares or delivers any materials.
Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing
the aforementioned mininnum insurance coverages on forms acceptable to City, which shall provide
that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days' prior
written notice to City.
L All insurance maintained by Contractor shall be issued by companies admitted
to conduct the pertinent line of insurance business in California and having a rating of Grade A or
better and Class Vll or better by the latest edition of Best Key Rating Guide.
j. Contractor shall immediately notify City if any required insurance lapses or is
otlnenvise modified and cease perfornance of this Agreement unless otherwise directed by City. In
such a case, City may procure insurance or self -insure the risk and charge Contractor for such costs
and any and all damages resulting therefrom. by way of set-off from any sums owed Contractor.
k. Contractor agrees that in the event of loss due to any of the perils for which it
has agreed to provide insurance. Contractor shall look solely to its insurance for recovery. Contractor
hereby grants to City. on behalf of any insurer providing insurance to either Contractor or City with
respectto the services of Contractor herein, a waiver of any right to subrogation which any such insurer may
acquire against City by virtue of the payment of any loss under such insurance. 6
of 22 10/7/2021, 5:20 PM
Firefox about:blank
1. Contractor shall include all subcontractors. if any. as insureds under its policies
or shall furnish separate certificates and endorsements for each subcontractor to City for review and
approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.
19. Termination. City may for any reason terminate this Agreement by giving Contractor
not less dean five (5) days' written notice of intent to terminate. Upon receipt of such notice,
Contractor shall immediately cease work. unless the notice from City provides otherwise. Upon the
tennination of this Agreement. City shall pay Contractor for services satisfactorily provided and all
allowable reimbursements uneurred to the date of termination in compliance with this Agreement,
unless termination by City shall be for cause, in which event City may withhold any disputed
compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles. Contractor and its subcontractors shall maintain reasonably full and complete
books, documents; papers, accounting records, and other information (collectively, the "records") .
pertaining to the costs of and completion of services performed under this Agreement. City and its
authorized representatives shall have access to and the right to audit and reproduce any of Contractor's
records regarding the services provided under this Agreement. Contractor shall maintain all such
records for a period of at least three Q) years after termination or completion of this Agreement.
Contractor agrees to make available all such records for inspection or audit at its offices during normal
business hours and upon three (3) days' notice from City, and copies thereof shall be furnished if
requested.
21. Compliance with Laws/Background.
a. Contractor shall be knowledgeable of and comply with all local. state and
federal laws which may apply to the performance of this Agreement.
b. The work provided for in this Agreement constitutes a "public works," as that
term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be
paid, to the extent Contractor's employees will perform any work that falls within any of the
classifications for which the Department of Labor Relations of the State of California prornttlgates
prevailing wage detenninnations. Contractor hereby agrees that it, and any subcontractor under it, shall
pay not less than the specified prevailing rates of wades to all such workers and shall comply with all
statutory requirements thereunder. Statutory provisions for penalties for failure to comply with
prevailing wage laws will be enforced. The general prevailing wage determinations for crafts can be
located on the website of the Department of Industrial Relations . (www.dir.ca.gov/DLSR).
Additionally, to perform work under this Contract. Contractor must ..,meet all State registration
requirements and criteria, including project. compliance monitoring.
C. Contractor represents and warrants that it:
1) Has complied and shall at all times during the tern of this Agreement
comply, in all respects, with all immigration laws, regulations. statutes, riles. codes, and orders.
including. without limitation, the Immigration Refonn and Control Act of 1986 (IRCA); and
7 of 22 10/7/2021, 5:20 PM
Firefox about:blank
2) Has not and will not knowingly employ any individual to perform
services under this Agreement who is ineligible to work in the United States or under the terms of this
Agreement: and
3) Has properly maintained. and shall at all times during the terin of this
Agreement properly maintain. all related employment documentation records including, without
limitation. the connpletion and maintenance of the form I-9 for each of Contractor's employees; and
4) Has responded, and shall at all times during tine tern of this Agreement
respond, in a timely fashion to any government inspection requests relating to iliuiiigration law
compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of I-iomeIand
Security, the Department of Labor. or the Social Security Administration.
d. Contractor shall, upon request of City, provide a list of all employees working
under this Agreement and shall provide, to the reasonable satisfaction of City. verification that all such
employees are eligible to work in the United States. All costs associated with such -verification shall .
be borne by Contractor. Once such request has been made, Contractor may not change. employees
working under this Agreement without written notice to City. accompanied by the verification required
herein for such employees.
e. Contractor shall require all subcontractors to make tine same representations and,
warranties as set .forth herein.
f. If Contractor or subcontractor knowingly employs an employee providing work -
under this Agreement who is not authorized to work in the united States, and/or fails to follow federal
laws to determine the status of such employee. that shall constitute a. material breach of this Agreement
and may be cause for immediate termination of this Agreement by City.
g. All personnel performing any services to City under this Contract shall possess
sufficient experience and security records to. perform the work at public facilities. Contractor shall
conduct and complete, to City's satisfaction. sufficient background checks to ensure no personnel
perforning services under this Contract is listed oil tine National Sex Offender Public Registry
NSOPR"). Contractor shallmonitor personnel security records to ensure no existing or new employees
performin- services tender this Co.ntract are added to the NSOPR or convicted of any crinnes that
would disqualify them from adhering to conduct conducive to public safety. h.
All costs .associated with the documentation and verification required herein shall
be borne by Contractor. Contractor shall require all subcontractors to provide the same documentation
and verification when lured to perform services under this Contract. City has the right, in
its sole and absolute discretion. to reject any employee of Contractor assigincd to perforin services for
City, with or without cause. at the time of such assignment or at any time thereafter. and Contractor shall
remove that employee from providing services to City to the extent pennitted by law and any applicable
collective bargaining agreement. City's rights under this Article shall not be exercised in an
arbitrary or capricious manlier. or with tine intent of forcing a tenmination of this Contract 8
of 22 10/7/2021, 5:20 PM
Firefox about:blank
L Contractor agrees to indemnify and hold City. its officials. and employees
harmless for, of and from any loss, including but not limited to fines, penalties and corrective
measures, City may sustain by reason of Contractor's failure to comply with said laws, rules and
regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance with
and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction
of California courts. Venue for any dispute arising under this Agreement shall be in Orange County,
California.
23. Integration. This Agreement constitutes the entire agreement of the parties. No othertr
agreement, oral or written. pertaining to the work to be performed under this Agreement shall be of
any force or effect unless it is in writing and signed by both parties. Any work performed which is
inconsistent with or in violation of the provisions of this Agreement shall not be compensated.
24. Notice. Except as otherwise provided herein, all notices required under this Agreement
shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid. to each
party at the address listed below. Either party may change the notice address by notifying the other
party in writing. Notices shall be deemed received upon receipt of same or within. 3 days of deposit
in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of
the e-mail transmission.
CONTRACTOR"
Terty's Testing, Inc.
4774 Murrieta St. 4#13
Chino. CA 91710
Attn.: Eric Roberts
Telephone: 800-464-9287
E-Mail: backflow@terrystesting.coin
CITY"
City of Orange
300 E. Chapman Avenue
Orange. CA 92866-1591
Attu.: Nathan Bluhun
Telephone: 714-5 32-6491
E-Mail: nbluhni@cityoforauge.org
25. Counterparts. This Agreement may be executed in one or more counterparts. each of
which shall be deemed an original. but all of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as.
original signatures.
Remainder of page intentionally left blank; signatures on next page]
9 of 22 10/7/2021, 5:20 PM
Firefox about: blank
IN WITNESS of this Agreement. the parties have entered into this Agreement as of the year
and day first above written.
CONTRACTOR" "CITY"
TERRY'S TESTING, INC. a California CITY OF ORANGE. a municipal corporation
corporation
By:%I7h-, /.
Printed Narnc.'— NVL
Title:-I%DF1`s
By: Y
B nie I•Iagan. Acting City Manager
APPROVED AS TO FORM:
Printed Name:
Title:
Aijal V I A 4 LA, 0
Mary E. Bit ink
Senior Assis ant City Attoriie
NOTE: The City requires the follovv7ng signature(s) on behalf of the Contractor:
1) the Chairman of the Board, the President or a Vice -President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or
an Assistant Treasurer. If only one corporate officer exists .or one corporate
officer holds more than one corporate office, please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter into
this Agreement. A copy of the corporate resolution, certified by the Secretary
close in time to the execution of the Agreement, must be provided to the City.
10
10 of 22 10/7/2021, 5:20 PM
Firefox about;blank
EXHIBIT "A"
CONTRACTOR'S B.ID AND SCOPE OF SERVICES
Beneath this sheet.]
I 1 of 22 10/7/2021, 5 20 PM
Firefox about:blank
CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714) 744-7274
BACKFLOW TESTING AT VARIOUS LOCATIONS
REQUEST FOR BID (RFB) No. 20-21.06
Date: July 8, 2021
The documents contained in this Request for Bid document are considered to
be the invitation and not the full final representation of the documents
needed to submit a successful response to the bid or proposal described
herein.
Interested bidders should subscribe to receive bid updates and notifications. via
the City's website at https://www.cityoforancie.org/Bids.aspx?CatID=17 (two-
step verification required), as well as emailing CommServBids@cityoforange.org
to be added to the contact list for this specific bidder's list in order to receive
emailed updates of any revised/additional information and addenda.
It is the responsibility of the interested bidder to request being added to the
bidder's list and to check the website frequently to look for any additional
updates.
Project Name: BACKFLOW TESTING AT VARIOUS LOCATIONS
Project Location: Various Locations throughout the City of Orange
Project Contact: Nathan Bluhm, Landscape Project Coordinator
Phone: (714)532-6491
Email Address: nbluhm(&cityoforang"
PROJECT DESCRIPTION: The City of Orange, CA, a Municipal Corporation, is
inviting formal bids from qualified companies to provide the annual backflow
testing of approximately 200 backfow devices.
12 of 22 10/7/2021, 5:20 PM
Firefox about:blank
GENERAL PROVISIONS:
1. This agreement will be awarded for one year, with the option to extend ,for up
to three additional years. The length of contact will be determined based on
available funding.
2. A mandatory job walk has been scheduled for Tuesday, July 27, 2021
at 9:00 a.m. at the Community Services Office (230 E. Chapman Ave.,
Orange, CA 92866).
3. NOTE: All construction work shall be performed in adherence to the approved
plans provided by City of Orange Staff, the current edition of the CalTrans
Green Book" and the City of Orange Public Works Department Standard Plans
and Specifications.
4. The Contractor shall, at all times, carry valid insurance, which meets all City of
Orange insurance requirements as outlined in Attachment No. 2.
5. The Contractor shall pay. prevailing wages per the current Department of
Industrial Relations wage rate (including all scheduled increases) and furnish
Certified Payroll Reports for all work days (if applicable).
6. All work shall conform to the specifications contained in the Request for. Bids
and any subsequent agreements.
7. No new access points will be allowed within the boundaries/scope of this project.
The Contractor is to prepare estimates for work based upon the existing
ingress/egress to the device locations.
8. Working hours will be per City of Orange ordinance (7:00 a.m. to 4:00 p.m.).
Weekend work will only take place with permission from the City of Orange. .
9. Vehicles: All vehicles used by the contractor are to be identified with door signs
approx. 20" x 16", magnetic sign acceptable) or equivalent with the company
name and phone number. These need to be visible from both sides of said
vehicle.
10. Uniforms: All of contractor's employees shall wear appropriate uniforms at all
times while on duty. Uniforms must have the contractor's name.
11. Background/Security All personnel engaged in performance of this work shall
be employees of the contractor and as such shall be warranted to possess
sufficient experience.and security records to perform this work.
SCOPE OF WORK:
1. Contractor to provide testing for approximately 200 backflow devices. The
actual number of backflow devices fluctuates as new devices are added and
removed from inventory.
2. Contractor will furnish all tools and equipment necessary for the contracted
labor and services. A current national certification as a backflow prevention
assembly tester is required.
3. The contractor must have a current calibrated testing gauge. The contractor
must ensure that all technicians testing and servicing backflows be clearly
identifiable and carry proof of I.D. and technician certification as defined in
the California Department of Public Health Drinking Water Title II.
13 of 22 1017/2021, 5:20 PM
Firefox about:blank
4. All backflow testing should be completed between July and October every -
year. Testing for year one of the contract is to be completed by November
2021. List of backflows to be tested are generated by the City's Water
Division and delivered to the contractor by the Community Services
Representative. If requested, test reports may be printed and delivered
months ahead to facilitate getting in front of the current schedule.
TEST REPORTS:
1. Test reports are legal records and must therefore be complete and accurate.
A complete and accurate test report is proof that a test was performed and
the assembly will prevent backflow and cross -connection contamination to
the water supply. The City will provide a pre-printed test report form with the
specific information on each assembly to the technician. All reports will be
due within five (5) days of the date of the test. Test reports must be
completed on the pre-printed test report form (Attachment No. 1).
FAILED ASSEMBLIES:
1. If an assembly fails the initial test, the technician must determine if it is a
minor repair or a major repair. A minor repair would be a simple cleaning or
installation of a rubber repair kit. If an assembly is cracked or a check valve
or relief valve needs to be replaced, the technician is to notify the City
representative to obtain authorization for the repair prior to the
commencement of work.
MINOR REPAIRS:
1. Minor repairs that can be performed at the time of the initial test and cost
less than $100 are to be performed along with the retest and included in the
testing invoice. Examples of this type of repair are cleaning components of
the assembly and/or rubber repair kits and test and test cocks. The
contractor shall request authorization for any such repair prior to the
commencement of work.
2. If an older backflow device fails testing, the City's preference is for the device
to be repaired. If that is not possible, device will need to be replaced.
MAJOR REPAIRS AND REPLACEMENTS:
1. The contractor shall provide written proposals for all major repairs such as
cracked assemblies or replacement of check valves or assemblies. Proposals
shall include all labor and materials necessary to complete the repair or
replacement as well as the retest once the repair or replacement is complete.
TECHNICIAN RESPONSIBLITIES:
1. All technicians testing and servicing City backflows must be certified by the
Orange County Health Care Agency, Division of Environmental Health. The
certification is to remain valid through the duration of the contract.
14 of 22 10/7/2021, 5:20 PM
Firefox about:blank
2. It is the responsibility of the Certified Backflow Tester to insure that all test
equipment being used is approved by the appropriate water purveyor and
that all records of calibrations of said devices are submitted to the water
purveyor at the assigned intervals as required by the water purveyor.
3. It is the responsibility of the Certified Backflow Tester to insure that all test
equipment being used is approved by the appropriate water purveyor and
that all records of calibrations of said devices are submitted to the water
purveyor at the assigned intervals as required by the water purveyor.
4. The technician is responsible for all safety measures. Some of the assemblies
are located in the center median of busy City streets and proper precautions
should be taken. All technicians should be familiar with and practice all State
and Federal OSHA codes and requirements. All vehicles must be equipped
with beacons and/or strobes.
5. The Contractor is responsible for inspecting and being aware of all site
conditions.
6. Existing site amenities (ex. sidewalks, walls, paving, landscape etc.) are to be
protected in place. Any damage to any existing site amenities will be repaired
or replaced at the contractor's expense to the satisfaction of the City.
SPECIAL INSTRUCTIONS:
1. Contractor to submit a 10% Bid Bond with bid package.
2. This project may require a payment bond.
3. The contractor shall provide with this RFB a minimum of three (3) references
of commensurate/equal backflow testing and repair work with cities and/or
municipalities. References shall represent/include:
Work completed within the last three (3) years.
A description and location of said testing and repair work.
An approximate cost of said testing and repair work.
A contact person and phone number to verify testing and repair work.
4. A complete bid should include proof of current Orange County
Backflow Assembly Certification.
5. All questions, requests for clarification, and comments shall be sent to the
City by e-mail, and must be clearly titled "Written Questions". All such e-
mails shall be sent to Nathan Bluhm, Landscape Project Coordinator at
nbluhm@citvoforange.ora and commservbids@cityoforange.org
by 12:00 p.m. on Friday, 3uly 30, 2021. The City shall not be
responsible for its failure to respond to e-mail questions that have not been
titled as such, and that have not been sent directly to Mr. Bluhm.
6. Interpretation of Documents. The City Representative shall be promptly
notified, in writing, of any discrepancies, omissions, ambiguities, or
requirements that are likely to cause disputes between trades and similar
matters. When appropriate, the City shall issue addenda.
7. Addenda. The City reserves the right to issue addenda to the RFB
documents at any time up to 24 hours prior to the bid due date and time.
The City shall email copies of addenda to each potential bidder, or post
15 of 22 10/7/2021, 5:20 PM
Firefox about:blank
copies of addenda on the City.of Orange website. To be acceptable, bids
must acknowledge receipt of all addenda.
8. The City reserves the right to reject any contractor who they determine does
not meet a qualifying work experience or satisfying references.
9. The City reserves the right to reject at any time any or all bids, or parts
thereof, whether of a technical or substantive nature, as the interest of the
City may require, and to waive any variances, technicalities and informalities
which do not impair the quality, or performance of the project.
10.The City will determine the length of years of the agreement based on fiscal
limitations.
APPROXIMATE TIMELINE
1. Mandatory Job walk:
2. Deadline for questions:
3. Bids due:
4. Notice to Proceed (NTP):
BID SUBMISSION:
July 27, 2021 at 9:00 a.m.
July 30, 2021 by 12:00 p.m.
August 12, 2021 by 2:00 p.m.
September 2021
Provide response to the above REQUEST FOR BIDS on attached Cost Sheet and
return all pages of the Request for Bids, addenda (if applicable) bid bond and
references . Please provide three copies of bid packets. One original
and two initialed copies are acceptable.
Bids must be received on August 12, 2021 by 2:00 p.m. at the City of Orange
City Clerk's Office (300 E. Chapman Ave., Orange, CA 92866). Responses may
be sent via U.S. Mail, or delivered personally to the above address.
Bid packets must be labelled appropriately:
RFB 20-21.06- BACKFLOW TESTING AT VARIOUS CITY FACILITIES
Attn: Purchasing Department -Nathan Bluhm
16 of22 10/7/2021, 5:20 PM
Firefox about:blank
CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT WWW.Gityoforange.org PHONE: (714) 744-7274 • FAX: (714) 744-7251
ADDENDUM #1
Request for Bid (RFB) Bid No. 21-22.06
Backflow Testing at Various Locations
July 28, 2021
This addendum serves as written notice of the following corrections, clarifications,
additions and/or deletions to any and all copies of the Request for Bid (Bid No. 21-22.06).
A City of Orange Bid Bond form and Alternative Security form are attached to this email for the
Backflow Testing at Various Locations bid. They were not included In the original RFB documents.
The bid number written on the bid documents for Backflow Testing at Various Locations was
incorrectly listed on the bid documents available through the City website (RFB 20-21.06). The
correct bid number for this project, should be 21-22.06.
Please list the correct bid number on all submittal documents (where applicable) as RFB 21-22.06.
Companies represented at the job walk on July 27, 2021:
o Community Fire Protection
o Ironwood Plumbing
o Terry's Testing
o Verne's Plumbing
Respectfully Submitted,
Nathan Bluhm
Landscape Project Coordinator
nbIuhrnf cit-yofcraagf-.nr ,
714-532-6491
RFB 21-22.06
Page: 1 of 3
17 of 22 10/7/2021, 5:20 PM
Firefox about:blank
BID SHEET
RFS 20-21.06 SACKPLOW DEVICE TESTING AT VARIOUS LOCATIONS
Date:
Bid Submitted by:
August 1.0, 2021
Eric .Roberts
Company dame: —Terry's Testing
Contact dame: Eric Roberts _
Address: 4774 Murrieta St. #13
Chino, CA 91710
Phone #: 800-464-9287
E-mail Address: backflow@terrystesting.co
Eric Roberts _
Signat4ResOfficeror Employee PiInt Name Contractor
represents and warrants that it has thoroughly investigated and considered the scope
of services and fully understands the difficulties and restrictions in performing the work.
Contractor represents that it is experienced in performing the work and will follow professional
standards in performance of the work. All services provided shall conform to all
federal, state and local laws, rules and regulations and to the best professional standards
and practices. The
stated bid amount below constitutes the total dollar amount to perform the work described
in the above scope of services to include all that is required to provide the work product
and/or install all materials required to complete the work to a professional workmanship
standard, and to install and apply all materials per all manufacturer's specifications
and recommendations. T
t3ackftow
Device Testing 8ac1<flow Technician ; Cost
Per Device) t Hourly Rate (for repairs) Year
i I $ $40.00 If0.00 M$ Year
24 45.
00 Year
P 50.
00. 130.00 ' Year
4* 5 $55.00 t Contract.
years 2-4 are not guaranteed. Please
submit separate cost sheet with repair pricing and other labor rates.
C10titractor'
s extra material Cost. will be Charged to the City of Orange at cost
plus 150/0. R
B 2 1-?2.00 Page
6 of 9 18
of 22 10/7/2021, 5:20 PM
Firefox about:blank
Estimated Service Price List
f2rrvk"teslep .ST;S hl-ie. St Bl3 Chow, Cx dti W 800.4644M wnw.lArriatugteig.tom
19 of 22 10/7/2021, 5:20 PM
Firefox about:blank
Terry's Testing
Inc.
4774 Murrieta St Suite #13
Chino, CA 91710
800-464-9287
backfiow@terrystesting.com
REFERENCES:
City of Yorba Linda
Richard Morse
1-949-525-1504
rmorse .cityofvorbalindaca.gov
Repairs, installs, service calls, stolen devices
City of La Verne
Adella Reyes
909-596-8741
areyes(@cityoflaverne.org
Repairs, installs, service calls, annual testing ($60.00 per test)
City of Brea
Chris Beckman
714-990-7692
chrisbe-cityofbrea.net
Repairs, installs, service calls, annual testing ($45.00 per test)
20 of 22 10/7/2021, 5:20 PM