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Resolution No. 2011-051RESOLUTION NO. 2011-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND GENERAL PUMP COMPANY, INC. TO FACILITATE THE WELL NO. 9 TEST PUMPING PROJECT WHEREAS, the City desires to obtain the services of a qualified contractor to facilitate the Well No, 9_ Testing Pumping Project (the "Services"); and WHEREAS, the Services will be performed to obtain data with regard to conducting a source water assessment under the California Department of Public Health Policy Memo 97-005; and WHEREAS, the Director of Community Services & Water has determined that General Pump Company, Inc. ("General Pump") is qualified and capable of providing the Services; and WHEREAS, by memo dated March 1, 2011, the Director of Community Services & Water recommends the City enter into a services agreement with General Pump setting forth the terms and conditions under which General Pump will perform the Services (the "Agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Agreement with General Pump Company, Inc., a copy of which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send a fully executed Agreement to: General Pump Company, Inc. Attention: Geoffrey A. Bates, Project Manager 159 North Acacia Street San Dimas, CA 91773 SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon,shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 5th day of April, 2011. ATTE Willa"d G. amaguc City Clerk Name: Hilario Gonzales Title: Mayor a or Pro- �- 2 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2011-51, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, April 5, 2011, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of April, 2011, at Vernon, California. Allar G. ffm chi ity Clerk (SEAL) 3 EXHIBIT A SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND GENERAL PUMP COMPANY, TO FACILITATE THE WELL NO. 9 TEST PUMPING PROJECT Contractor: Responsible Principal of Contractor: Notice Information - Contractor: Notice Information - City: Commencement Date: Termination Date: Consideration: Records Retention Period COVER PAGE General Pump Company, Inc. Geoffrey A. Bates, Project Manager General Pump Company, Inc. 159 North Acacia Street San Dimas, CA 91773 Attention: Gregory A. Bates Phone: (909) 599-9606 Facsimile: (909) 599-6238 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Mark Whitworth, City Administrator Telephone: (323) 583-8811 ext. 398 Facsimile: (323) 826-1408 March 15, 2011 March 15, 2012, unless extended pursuant to Section 1 Total not to exceed $58,585.44 (includes all applicable sales tax); and more particularly described in Exhibit A SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND GENERAL PUMP COMPANY, TO FACILITATE THE WELL NO. 9 TEST PUMPING PROJECT THIS AGREEMENT is made and entered into as of March 15, 2011 ("Effective Date"), by and between the City of Vernon, a California charter City and California municipal corporation ("City"), and General Pump Company, Inc.,, a California corporation ("Contractor"). City and Contractor are collectively referred to herein as the "Parties." RECITALS A. City desires to have certain labor negotiation services provided as more fully set forth in the Scope of Services, attached hereto and incorporated herein as. Exhibit A. B. Contractor represents it is qualified and capable of furnishing the labor, materials, and expertise necessary to perform such services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, the Parties agree as follows: Section 1. Term and Time of Performance. (a) This Agreement shall commence upon the Commencement Date listed on the Cover Page, and shall remain and continue in effect through the Termination Date listed on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City may renew this Agreement on a year-to-year basis at its discretion. (b) In the event that City renews this Agreement, Contractor may submit_a proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent to renew. Any increase in rates must be approved by City before such increase can take effect. If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may terminate the renewal by giving thirty (30) days written notice. Section 2. Performance. (a) Contractor shall perform the services and tasks described and set forth in the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed upon in writing signed by both Parties prior to performance of those additional services. (b) Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services under this Agreement in accordance with the standard of care and skill ordinarily exercised by members of the profession currently practicing in the same locality as the City under similar circumstances and in a manner reasonably satisfactory to City. Contractor shall at all times comply with the highest ethical standards when performing Services for the City. (c) Contractor shall keep itself informed of all local, state, and federal ordinances, laws and regulations which in any manner affect those employed -by it or in any way affect the performance of its Services pursuant to this Agreement. Contractor shall at all times observe and comply with all such ordinances, laws and regulations. City, and its officers, officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section. 2 (d) Contractor will not be compensated for any work performed not specified in Exhibit A unless City authorizes such work in advance and in writing. Section 3. Compensation. (a) City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services and any supplies or goods required by this Agreement, a sum not to exceed the Consideration set forth on the Cover Page and more particularly described in Exhibit A. The Consideration shall constitute reimbursement of Contractor's fee for the Services as well as for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery, tax, assembly, and installation, as applicable) (b) There shall be no claims for additional compensation for reimbursable expenses and Contractor shall not be reimbursed for any additional expenses. (c) City may make changes by increasing, reducing or deviating from the requirements of the Scope of Services. Changes in the Scope of Services, duties, obligations, duration or total compensation, shall be by written authorization only by the City. A form of Change Order is set forth in Exhibit "B" attached hereto and incorporated by reference. Section 4. Method of Payment. City shall pay Contractor the Consideration in accordance with the method and schedule of payment set forth in Exhibit A. Section 5. Responsible Principals. (a) Contractor's Responsible Principal set.forth on the Cover Page shall be principally responsible for Contractor's obligations under this Agreement and shall serve as principal liaison between City and Contractor. Designation of another Responsible Principal by Contractor shall not be made without prior written consent of City. (b) City's Responsible Principal shall be the City Administrator or his designee who shall administer the terms of the Agreement on behalf of City. Section 6. Personnel. I (a) All persons performing Services shall have all the necessary technical expertise, permits, professional licenses, certificates, training, and -other qualifications required by this Agreement or other applicable laws. Contractor shall provide City with said permits, licenses, and certificates at the request of City. (b) Contractor represents that it has, or shall secure at its own expense, all personnel required to perform Contractor's Services under this Agreement. All personnel engaged in the work shall be qualified to perform such Services. Section 7. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license. Section 8. Access. Contractor shall comply with all reasonable access and other restrictions that City may impose. No access to City property for performance of the Services shall be permitted prior to delivery to City of proof of insurance paid and maintained by Contractor. Section 9. Contractor's Duties and Representations. Contractor represents, covenants and agrees as follows: (a) There are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Services. (b) Contractor presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Contractor. (c) There is no litigation pending against Contractor and Contractor is not the subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to its actual knowledge, have been convicted of a felony. Section 10. Independent Contractor. (a) Contractor is and shall at all times remain, as to City, a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, officials, employees, agents, or volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. (b) No employee benefits shall be available to Contractor or its officers, employees, or agents in connection with the performance of this Agreement. Except for Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. City shall not be liable for compensation or indemnification to Contractor or its officers, employees, or agents for injury or sickness arising out of performing services hereunder. (c) Contractor agrees to pay and be responsible for paying all Federal, State and local taxes for compensation received by Contractor from City while performing services for City. Section 11. Termination. (a) Termination Right. City may, at any time, for any reason or for no reason, with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5) calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. (b) In the event of termination or cancellation of this Agreement by City, due to no fault or failure of performance by Contractor, Contractor shall be paid based on the M percentage of work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. (c) Actions Subsequent to Termination. In the event of termination of this Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below, to City within thirty (30) days after the termination of this Agreement. Contractor shall also take all such other action as City reasonably requires and shall cooperate with City to effectuate an orderly and systematic termination of Contractor's duties and activities hereunder. (d) All of the terms and conditions in the Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 12. Limitation of City's Liability. City's liability on any kind of claim for any loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no case exceed the amount that would be paid to Contractor for the full performance of the services required by this Agreement. In no event shall City be liable for anticipated profits or for incidental, consequential or punitive damages. City shall not be liable for penalties of any description. Section 13. Confidential Status; Disclosure of Information. (a) Confidential Status; Disclosure of Information. All data, customer information, business practices, business methods, privileged information, trade secrets, financial statements, floor plans, designs, blueprints; maps, surveys, drawings, models, reports, correspondence, logs, documents, materials or other information developed or created by Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the performance of this Agreement ("Confidential information") are deemed confidential and shall not be disclosed by Contractor to any third party without City's prior written consent. City reserves all rights to Confidential Information. City shall grant consent if disclosure is legally required. All Confidential Information shall be returned to City upon completion or termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. City may disclose to third parties any Confidential Information at its sole discretion. (b) Contractor's obligation not to disclose any Confidential Information shall not extend to information that: i. was in the possession of, or was rightfully known by, the Contractor without an obligation to maintain its confidentiality prior to receipt from City; ii. is or becomes generally known to the public without violation of this Agreement; iii. is obtained without an obligation of confidentiality by the Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality; or iv. information which is required to be disclosed pursuant to any court order or directive having the force of law. (c) The provisions of this section shall survive the termination of this Agreement. Section 14. Technical Materials.. City reserves all rights to any and all tools, dies, patterns, plates or other similar technical materials furnished or paid for by City, and Contractor shall use such materials in strict confidentiality and shall return the same to City at its request upon completion or termination .of this Agreement. Contractor shall not copy or otherwise use any such materials for any purposes other than the completion of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Section 15. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for Records Retention Period. City shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make copies and transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Section 16. Default. Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to Contractor. Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold harmless City, its officers, officials, employees, agents, and volunteers from and against any and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise out of, result from, or are in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence or willful misconduct of City, its officers, officials, employees, agents, or volunteers. THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION. The obligations in this section are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. Section 18. Insurance. (a) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents. (b) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability insurance covering personal injury and property damage, with minimum limits of One Million 0 Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Contractor or Contractor's officers, employees, or agents in performing the services required by this Agreement. (c) Contractor agrees to maintain in force at all times during the performance of work under this Agreement workers compensation insurance as required by law. (d) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, and provide policy coverage and terms at least as broad as those required in the primary insurance. (e) Contractor shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement. (f) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+; VII in the latest edition of Best's Insurance Guide. (g) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. (h) At all times during the term of this Agreement, Contractor shall maintain on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City Attorney and Risk Manager, along with a copy of the policy declarations page for each policy showing that the aforesaid policies are in effect in the required amounts. Upon request by City, Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing that the coverage and policy endorsements required under this Agreement are maintained in force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk Manager, such certificate or certificates and a copy of the policy declarations page for each policy. The policies of insurance required by this Agreement shall contain an endorsement naming the City, its officers, officials, employees, agents, and volunteers as additional insured's. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. (i) The insurance provided by Contractor shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, officials, employees, agents, or volunteers shall be excess of Contractor's insurance and shall not contribute with it. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its officers, officials, employees, agents, and volunteers. 0) Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses. 7 Section 19. Certification. In accordance with the provisions of Section 3700 of the Labor Code, Contractor shall secure the payment of compensation to Contractor's employees. By executing this Agreement, Contractor certifies the following: Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and Contractor will comply with such provisions before commencing the performance of the work of this Agreement. Section 20. Standard Specifications. The work done pursuant to this Agreement shall be done in accordance with the provisions of the most current edition of "Standard Specifications for Public Works Construction" (commonly known as "the Green Book") including Supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California, which specifications are hereinafter referred to as the "Standard Specifications." The provisions of these Standard Specifications shall apply to the work performed under this Agreement, unless different standards are specified in Exhibit A or agreed to in writing by the City. Section 21. Compliance with Laws. Contractor shall keep itself informed of and comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the Occupational Safety and Health Act and all those Applicable Laws relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. For purposes of this section, "Applicable Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees, permits, approvals or other applicable requirements of any governmental entity or agency having jurisdiction that are applicable to any aspect of this Agreement that are in force on the Effective Date and as they may be enacted, issued or amended during the term of this Agreement. Section 22. Enforcement of Wage and Hour Laws. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. Section 23. Materials and Workmanship. City shall have the right to inspect any material used. Material furnished shall be new, complete, ready -for -use and of the latest model, shall not have been used in demonstration or other services and shall have all the usual equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise specified. Equipment, supplies or services that fail to comply with the Agreement requirements regarding design, material or workmanship may be rejected at the option of City. Any materials rejected shall be removed from City premises at the Contractor's sole expense. Section 24. Licenses and Permits. Except as provided herein below, Contractor shall obtain and pay for all permits and licenses required by federal, state or local law, rule or regulation. Costs for obtaining City permits required under this Agreement will be waived. All requirements for obtaining permits (including City permits) remain in effect and are not waived; only the costs of City permits are waived. Section 25. Assignment of Unfair Business Practices. Contractor and its subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. Section 26. Assignment and Subcontracting. Contractor shall not assign or attempt to assign any portion of this Agreement, or subcontract any required performance hereunder, without the prior written approval of City. Any assignment or subcontract made in violation of this section is invalid and void. In the event City grants written approval to Contractor to subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. Section 27. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this Agreement. This clause shall not preclude Parties from seeking provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County. Section 28. Attorneys Fees. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursementfor reasonable attorneys fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. Section 29. Governing Law. This Agreement shall be interpreted and enforced according to, and the Parties rights and obligations governed by, the domestic law of the State of California, without regard to its laws regarding choice of applicable law. Section 30. Entire Agreement and Modifications. This Agreement, including attachments incorporated herein by reference, represents the entire integrated agreement and understanding between the Parties, and supersedes all prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral. This Agreement may only be modified by a writing signed by both Parties. Section 31. Waiver. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach whether of the same or other covenant or condition; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of a either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. Section 32. Force Maieure. Neither party shall be considered in default of any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire, lightning, epidemic, war, riot., civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. Section 33. City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party other than Contractor. City shall timely notify Contractor of the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred in providing the notification required by section. Section 34. Notices. All notices, approvals, consents and other communications between the Parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the address set forth on the Cover Page under "Notice Information - City" or "Notice Information — Vendor," as appropriate, or at such other address as may be furnished by either party to the other in writing. Mailed notices will be deemed communicated as of the day of receipt. Section 35. Cover Page and Exhibits. The Cover Page and all documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. Section 36. Headings. Headings used in this Agreement are for convenience and ease of reference only and shall not affect the interpretation of the Agreement. Section 37. Survival of Terms. All of the terms and conditions in this Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 38. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired or invalidated. Section 39. Authority to Execute This Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations under this Agreement. 10. [Signatures Begin on Next Page]. 11 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City and California municipal corporation By: HILARIO GONZALES Mayor ATTEST: WILLARD G. YAMAGUCHI, City Clerk APPROVED AS TO FORM: WILLARD G. YAMAGUCHI, Interim City Attorney General Pump Company, Inc., a California corporation Title: By: Name: Title: 17iyw-A ty 4 1-i-inum, via 12 EXHIBIT A SCOPE OF SERVICES 13 z a Et�l 1 rL tttt�'17 159 N. ACACIA ST un- - SAN DIMAS, CA 91773 PHONE: (909) 599-9606 FAX: (909) 599-6238. WELL & PUIVIP SERVICE SINCE 1952 l.ie. I1a9670 " Mm.• Serving / III Sowhern Cali%rnia (Pid Central Co.asr! " February 8, 2611 City ofVernon 4305 Santa Fe Avenue Vernon, California 90058 Attn: Scott Rigg Ite: Smurfit Well No. 9 GPC Job No.:11803 General Pump Company, Inc. (GPC) is pleased to provide this project estimate to the City of Vemon (City) to install and operate a test. pu.tnp and packer system at the City's Smurfit Well No. 9. This project estimate is based on the Technical Guidelines for the testing project provided by the City (attached) and all associated work will be conducted in accordance -with those testing guidelines. Bid Sn unit Well No..9 Project Items Charges 1 1 LS_ Clarify water column in t.ire well and perform a color video survey for the hunp sum price of: $1,028.00, 2 1 LS Conduct an alignment (deviatibn)-stuvey using gyioscopic methods for the lump surn price of: $1,010.00 ,Mobilize a test pump and anafllary equipment, install and demobilize 3A I LS temporary test pump equipment and accessories, for the lump sum price S1 ,390.64 of. Inflatable packer set the packer to a depth of 500 fit bgs and includes 1/4- 3B 1 LS inch airline through packer, airline above the packer and inflation line, to $18,799.40 include manifold at the surface for the lump stun price of: Set-up and furnish electrical starter panel, conduit, wire, and make all 3C I LS connections to the City's' power disconnect and Contractors' motor, for $6,160.00 the lump sum price of: Optional. Mobilize a generator to the well site, provide for delivery and 4A 1 LS cost for fuel lo-power the generator and conduct the necessary wiring to $75,860.70 the test pump for the lump sum price of 4B 10 Days Optional. Generator and cost for -fuel per day after 30-days $33,150.00 Install approximately 80U ft of discharge piping from the well head to 5A 1 LS the .point of discharge and rental of discharge piping for a minimum 30 $7,784.00 day time period for the lump sum price -of, 5B 10 Days Additional rental time for the discharge piping past the 30 day time period for the unit per day price of $2,933.40 Perform Stage I of pumping development as specified, with the packer 6A 2 Days y not inflated, and test fluid discharges fir sand content and turbidity, $3,240.00 assume a 12-hour clay portal-to-portal - for the unit per hour price of: S218.4I/fir per Annual Contract VOOMPAW '�r,[�lsam:ali+1Z:11►L PUMP "No".Ser►41igfill Southern Calfm-ttia and Cerurrll Coast!" City of Vernon February 8, 2011 Page 2 Perform Stage 2 ofputmping development as specified, with. the pticker 613 2 Days inflated, and test fluid discharges for sand content and turbidity; assume a.12-hour day portal-to-portal - for the unit per hour price of. $2.1.8.41& $3,240.00 per Annual Contract The Contractor shalt visit the site; as necessary. to observe site conditions and the operational status of the pumping system, to check. 7 2 Days pressure measurements of the packer (when inflated) and to measure and $2,000.00 record water level measurements for the unit per clay price of: $1,000 per day Total Estimated Project Charges Optional Task 4A and 4B Charges S109,016.70 GPC's standard `Germs and Conditions apply and all invoices are Not 30-days from date of invoice. GPC's estimated charges. will riot be exceeded without prior %vrrimn authorization from the oumer. General Pump Company, Inc. appreciates the opportunity to assist with this project -and if you have any questions regarding the technical aspects of this project please do not hesitate to give me a call. Regards, GENERAL PUMP COIIIPANX, INC. V'eo&-ey A, 4-8aies Geoffrey A. Bates, P.G. Project Manager W9 Tst Pmp Est R I .doc. EXHIBIT B CHANGE ORDER 14 Exhibit "B" CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS PROJECT: P.O. NO. TO: CONTRACTOR REQUESTED BY: City of Vernon You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. Contract Amount (Base Bid) . ............................................... $ Amount of This Change Order $ Amount of Previous Change Orders Total Change Orders $ Modified Contract Amount $ By reason of this change order the time of will be adjusted as follows: . -completion Approved: Date: Director of Community Services & Water Attest: Date: Willard Yamaguchi, City Clerk We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, chat we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Contractor: By: Title: c: Project rule/Contractor/rurchasmg Kev. U3/10 JW9 OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 April 7, 2011 General Pump Company, Inc. Attn: Geoffrey Bates, Project Manager 159 North Acacia Street San Dimas, CA 91773 RE: Services Agreement — Facilitate Well No. 9 Test Pumping The insurance requirements have been met. Transmitted herewith is a fully executed agreement as referenced above, approved by,City Council on April 5, 2011, through Resolution No. 2011- 51. If you have any questions, please contact S. Kevin Wilson at (323) 583-8811 extension 245. Thank you. Since ly, WIL ARD G. GU Zt' City Clerk Enclosure WGY:dj c: S. Kevin Wilson Purchasing Department Resolution No. 2011-51 Agreement File No. 11-041 Exchtsivefy Industriaf SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND GENERAL PUMP COMPANY, TO FACILITATE THE WELL NO. 9 TEST PUMPING PROJECT Contractor: Responsible Principal of Contractor: Notice Information - Contractor: Notice Information - City: Commencement Date: Termination Date: Consideration: Records Retention Period COVER PAGE General Pump Company, Inc. Gregory A. Bates, Project Manager General Pump Company, Inc. 159 North Acacia Street San Dimas, CA 91773 Attention: Gregory A. Bates Phone: (909) 599-9606 Facsimile: (909) 599-6238 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Mark Whitworth, City Administrator Telephone: (323) 583-8811 ext. 398 Facsimile: (323) 826-1408 March 15, 2011 March 15, 2012, unless extended pursuant to Section 1 Total not to exceed $58,585.44 (includes all applicable sales tax); and more particularly described in Exhibit A SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND GENERAL PUMP COMPANY, TO FACILITATE THE WELL NO. 9 TEST PUMPING PROJECT THIS AGREEMENT is made and entered into as of March 15, 2011 ("Effective Date"), by and between the City of Vernon, a California charter City and California municipal corporation ("City"), and General Pump Company, Inc.,, a California corporation ("Contractor"). City and Contractor are collectively referred to herein as the "Parties." RECITALS A. City desires to have certain labor negotiation services provided as more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit A. B. Contractor represents it is qualified and capable of furnishing the labor, materials, and expertise necessary to perform such services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, the Parties agree as follows: Section 1. Term and Time of Performance. (a) This Agreement shall commence upon the Commencement Date listed on the Cover Page, and shall remain and continue in effect through the Termination Date listed on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City may renew this Agreement on a year-to-year basis at its discretion. (b) In the event that City renews this Agreement, Contractor may submit a proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent to renew. Any increase in rates must be approved by City before such increase can take effect. If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may terminate the renewal by giving thirty (30) days written notice. Section 2. Performance. (a) Contractor shall perform the services and tasks described and set forth in the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed upon in writing signed by both Parties prior to performance of those additional services. (b) Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services under this Agreement in accordance with the standard of care and skill ordinarily exercised by members of the profession currently practicing in the same locality as the City under similar circumstances and in a manner reasonably satisfactory to City. Contractor shall at all times comply with the highest ethical standards when performing Services for the City. (c) Contractor shall keep itself informed of all local, state, and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Contractor shall at all times observe and comply with all such ordinances, laws and regulations. City, and its officers, officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section. 2 (d) Contractor will not be compensated for any work performed not specified in Exhibit A unless City authorizes such work in advance and in writing. Section 3. Compensation. (a) City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services and any supplies or goods required by this Agreement, a sum not to exceed the Consideration set forth on the Cover Page and more particularly described in Exhibit A. The Consideration shall constitute reimbursement of Contractor's fee for the Services as well as for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery, tax, assembly, and installation, as applicable). (b) There shall be no claims for additional compensation for reimbursable expenses and Contractor shall not be reimbursed for any additional expenses. (c) City may make changes by increasing, reducing or deviating from the requirements of the Scope of Services. Changes in the Scope of Services, duties, obligations, duration or total compensation, shall be by written authorization only by the City. A form of Change Order is set forth in Exhibit "B" attached hereto and incorporated by reference: Section 4. Method of Payment. City shall pay Contractor the Consideration in accordance with the method and schedule of payment set forth in Exhibit A. Section 5. Responsible Principals. (a) Contractor's Responsible Principal set forth on the Cover Page shall be principally responsible for Contractor's obligations under this Agreement and shall serve as principal liaison between City and Contractor. Designation of another Responsible Principal by Contractor shall not be made without prior written consent of City. (b) City's Responsible Principal shall be the City Administrator or his designee who shall administer the terms of the Agreement on behalf of City. Section 6. Personnel. (a) All persons performing Services shall have all the necessary technical expertise, permits, professional licenses, certificates, training, and other qualifications required by this Agreement or other applicable laws. Contractor shall provide City with said permits, licenses, and certificates at the request of City. (b) Contractor represents that it has, or shall secure at its own expense, all personnel required to perform Contractor's Services under this Agreement. All personnel engaged in the work shall be qualified to perform such Services. Section 7. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license. Section 8. Access. Contractor shall comply with all reasonable access and other restrictions that City may impose. No access to City property for performance of the Services shall be permitted prior to delivery to City of proof of insurance paid and maintained by Contractor. Section 9. Contractor's Duties and Representations. Contractor represents, covenants and agrees as follows: (a) There are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Services. (b) Contractor presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Contractor. (c) There is no litigation pending against Contractor and Contractor is not the subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to its actual knowledge, have been convicted of a felony. Section 10. Independent Contractor. (a) Contractor is and shall at all times remain, as to City, a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, officials, employees, agents, or volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. (b) ' No employee benefits shall be available to Contractor or its officers, employees, or agents in connection with the performance of this Agreement. Except for Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. City shall not be liable for compensation or indemnification to Contractor or its officers, employees, or agents for injury or sickness arising out of performing services hereunder. (c) Contractor agrees to pay and be responsible for paying all Federal, State and local taxes for compensation received by Contractor from City while performing services for City. Section 11. Termination. (a) Termination Right. City may, at any time, for any reason or for no reason, with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5) calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. (b) In the event of termination or cancellation of this Agreement by City, due to no fault or failure of performance by Contractor, Contractor shall be paid based on the rd percentage of work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. (c) Actions Subsequent to Termination. In the event of termination of this Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below, to City within thirty (30) days after the termination of this Agreement. Contractor shall also take all such other action as City reasonably requires and shall cooperate with City to effectuate an orderly and systematic termination of Contractor's duties and activities hereunder. (d) All of the terms and conditions in the Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 12. Limitation of City's Liability. City's liability on any kind of claim for any loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no case exceed the amount that would be paid to Contractor for the full performance of the services required by this Agreement. In no event shall City be liable for anticipated profits or for incidental, consequential or punitive damages. City shall not be liable for penalties of any description. Section 13. Confidential Status; Disclosure of Information. (a) Confidential Status; Disclosure of Information. All data, customer information, business practices, business methods, privileged information, trade secrets, financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports, correspondence, logs, documents, materials or other information developed or created by Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the performance of this Agreement ("Confidential Information") are deemed confidential and shall not be disclosed by Contractor to any third party without City's prior written consent. City reserves all rights to Confidential Information. City shall grant consent if disclosure is legally required. All Confidential Information shall be returned to City upon completion or termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. City may disclose to third parties any Confidential Information at its sole discretion. (b) Contractor's obligation not to disclose any Confidential Information shall not extend to information that: i. was in the possession of, or was rightfully known by, the Contractor without an obligation to maintain its confidentiality prior to receipt from City; is or becomes generally known to the public without violation of this Agreement; iii. is obtained without an obligation of confidentiality by the Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality; or iv. information which is required to be disclosed pursuant to any court order or directive having the force of law. 5 (c) The provisions of this section shall survive the termination of this Agreement. Section 14. Technical Materials. City reserves all rights to any and all tools, dies, patterns, plates or other similar technical materials furnished or paid for by City, and Contractor shall use such materials in strict confidentiality and shall return the same to City at its request upon completion or termination of this Agreement. Contractor shall not copy or otherwise use any such materials for any purposes other than the completion of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Section 15. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for Records Retention Period. City shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make copies and transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Section 16. Default. Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to Contractor. Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold harmless City, its officers, officials, employees, agents, and volunteers from and against any and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and expert witness fees, or'liability of any kind or nature arising out of or attributable to the acts or omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise out of, result from, or are in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence or willful misconduct of City, its officers, officials, employees, agents, or volunteers. THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION. The obligations in this section are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. Section 18. Insurance. (a) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents. (b) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability insurance covering personal injury and property damage, with minimum limits of One Million 2 Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Contractor or Contractor's officers, employees, or agents in performing the services required by this Agreement. (c) Contractor agrees to maintain in force at all times during the performance of work under this Agreement workers compensation insurance as required by law. (d) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, and provide policy coverage and terms at least as broad as those required in the primary insurance. (e) Contractor shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement. (f) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+; VII in the latest edition of Best's Insurance Guide. (g) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. (h) At all times during the term of this Agreement, Contractor shall maintain on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City Attorney and Risk Manager, along with a copy of the policy declarations page for each policy showing that the aforesaid policies are in effect in the required amounts. Upon request by City, Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing that the coverage and policy endorsements required under -this Agreement are maintained in force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk Manager, such certificate or certificates and a copy of the policy declarations page for each policy. The policies of insurance required by this Agreement shall contain an endorsement naming the City, its officers, officials, employees, agents, and volunteers as additional insured's. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. (i) The insurance provided by Contractor shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, officials, employees, agents, or volunteers shall be excess of Contractor's insurance and shall not contribute with it. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its officers, officials, employees, agents, and volunteers. Q) Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses. 7 Section 19. Certification. In accordance with the provisions of Section 3700 of the Labor Code, Contractor shall secure the payment of compensation to Contractor's employees. By executing this Agreement, Contractor certifies the following: Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and Contractor will comply with such provisions before commencing the performance of the work of this Agreement. Section 20. Standard Specifications. The work done pursuant to this Agreement shall be done in accordance with the provisions of the most current edition of "Standard Specifications for Public Works Construction" (commonly known as "the Green Book") including Supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California, which specifications are hereinafter referred to as the "Standard Specifications." The provisions of these Standard Specifications shall apply to the work performed under this Agreement, unless different standards are specified in Exhibit A or agreed to in writing by the City. Section 21. Compliance with Laws. Contractor shall keep itself informed of and comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the Occupational Safety and Health Act and all those Applicable Laws relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. For purposes of this section, "Applicable Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees, permits, approvals or other applicable requirements of any governmental entity or agency having jurisdiction that are applicable to any aspect of this Agreement that are in force on the Effective Date and as they may be enacted, issued or amended during the term of this Agreement. Section 22. Enforcement of Wage and Hour Laws. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. Section 23. Materials and Workmanship. City shall have the right to inspect any material used. Material furnished shall be new, complete, ready -for -use and of the latest model, shall not have been used in demonstration or other services and shall have all the usual equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise specified. Equipment, supplies or services that fail to comply with the Agreement requirements regarding design, material or workmanship may be rejected at the option of City. Any materials rejected shall be removed from City premises at the Contractor's sole expense. Section 24. Licenses and Permits. Except as provided herein below, Contractor shall obtain and pay for all permits and licenses required by federal, state or local law, rule or regulation. Costs for obtaining City permits required under this Agreement will be waived. All requirements for obtaining permits (including City permits) remain in effect and are not waived; only the costs of City permits are waived. Section 25. Assignment of Unfair Business Practices. Contractor and its subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. Section 26. Assignment and Subcontracting. Contractor shall not assign or attempt to assign any portion of this Agreement, or subcontract any required performance hereunder, without the prior written approval of City. Any assignment or subcontract made in violation of this section is invalid and void. In the event City grants written approval to Contractor to subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. Section 27. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide . written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this Agreement. This clause shall not preclude Parties from seeking provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County. Section 28. Attorneys Fees. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. Section 29. Governing Law, This Agreement shall be interpreted and enforced according to, and the Parties rights and obligations governed by, the domestic law of the State of California, without regard to its laws regarding choice of applicable law. Section 30. Entire Agreement and Modifications. This Agreement, including attachments incorporated herein by reference, represents the entire integrated agreement and understanding between the Parties, and supersedes all prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral. This Agreement may only be modified by a writing signed by both Parties. Section 31. Waiver. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach whether of the same or other covenant or condition; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of 6 either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. Section 32. Force Maieure. Neither party shall be considered in default of any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. Section 33. City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party other than Contractor. City shall timely notify Contractor of the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred in providing the notification required by section. Section 34. Notices. All notices, approvals, consents and other communications between the Parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the address set forth on the Cover Page under "Notice Information - City" or "Notice Information — Vendor," as appropriate, or at such other address as may be furnished by either party to the other in writing. Mailed notices will be deemed communicated as of the day of receipt. Section 35. Cover Page and Exhibits. The Cover Page and all documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. Section 36. Headings. Headings used in this Agreement are for convenience and ease of reference only and shall not affect the interpretation of the Agreement. Section 37. Survival of Terms. All of the terms and conditions in this Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 38. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired or invalidated. Section 39. Authority to Execute This Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations under this Agreement. 10 [Signatures Begin on Next Page]. 11 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City and California municipal corporation 0 IILARIO GON�S Mayor G. Y APP VED AS TO FORM: WIL RD G. YA C I, Interim City Attorne Clerk General Pump Company, Inc., a California corporation Name; Title: By: Name; Title: 12 EXHIBIT A EXHIBIT A SCOPE OF SERVICES 13 MALL, t pump a 159 N. ACACIA SPREE- - SAN DIMAS, CA 91773 PHONE: (909) 599-9606 - FAX: (909) 599-6238. WELL & PUNT SERVICE SINCE 1952 Lic. f14967()..i "Now sel•ring .4H Soulhern C:alitbrnia aucl Ccntrul Coavt! " February 8, 2611 City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Attn: Scott Rigg Re: Smurfit Well No. 9 GPC Job No.; It 803 General Pump Company, lite. (GPC) is pleased to provide this project estimate to the City of Vernon (City) to install and operate a test_ pump and packer system at the City's Smurfit Well No. 9. Tl)is project estimate is based on the Technical Guidelines for the testing project provided by the City (attached) and all associated work will be conducted in accordance with those testing guidelines. Bid Smtnit Well Vo..9 Project iterate Charges 1 1 I:S Clarify water column in the well and perform a color video survey for the Jump sum price of.: $1,028.00. 2 1 LS Conduct an alignment (deviation).sutvcy using gyroscopic methods for 1,010.00 the lump sutn price of ,Mobilize a test pump and ancillary equipment. install and demobilize 3A 1 LS temporwy test pump equipment and accessories, for the lamp sum price $12,390.64 of: Inflatable packer set the packer to a depth of 500 ft bgs and includes 114- 3i3 1 LS inch airline through packer, airline above the packer and inflation line, to $18.799.40 include manifold at the surfdce for the lump sutra price of - Set -up and furnish electrical starter panel, conduit, wire, and make all 3C 1 LS connections to the City's' power disconnect and Contractors' motor, for &6,160.00 the.lualp sum price of: Optional. Mobilize a generator to the well site, provide for delivery and 4A t LS cost for fucl to power the generator and conduct the necessary wiring to $75,866.70 the test putmp for the lump stun price of: 4B 10 Days Optional. Generator and cost for fuel per day after 30-days $33,150.00 Install approximately 800 ft of discharge piping from the well licad to 5A I LS the point of discharge and rental of discharge piping for a minimum 30 $7,784.Q0 day time period for the lump sum price of: 513 10 Days Additional rental time for the discharge piping past the 30 clay time period for the unit per day price of $2,933.40 Perform Stale 1 of pumping development as specified, with the packer 6A 2 Days noun ated, and test fluid discharges 1br sand content and turbidity, assume a 12-hour clay portal-to-portal - for the unit per hour price of $3,240.00 8218.4 IA it per Annual Contract t7 City of Vernon February 8, 2011 COMPAW Page 2 "Now Serving All Southern California and Cewral Coast!" Perform. Stage 2 of pumping development as specified, withthe packer 613 2 Days inflated, and test fluid discharges for sand content and turbidityi assume a.12-hour day portal-to-portal - for the unit per liour price of. $21.8.4lAir ��,240.00 per Annual Contract The Contractor shalt visit the sitei as necessary, to observe site conditions and the operational status of the pumping system, to check. 7 2 Days pressure measurements of the packer (when inflated) and to measure and $2,.000.00 recordwater level measurements far the unit per clay price of: $1,000 per day Total Estimated Project Charges 58 5g5A4 Optional Task 4A and 4B Charges S109,016.70 GPC's standard Ternis and Conditions apply and all invoices are Not 30-days from date of invoice. GPC's estimated `charges. will not be exceeded without prior wrritten authorization from the Owner. General Pump Company, Inc. appreciates the opportunity to assist with this project and if you have any questions regarding the technical aspects of this project please do not hesitate to give me a call. Regards, GENERAL PUMP COMPANY, INC. V'e-q&eyA. al tes Geoflicy A. Bates, P.G. Project Manager W9 Tst Pulp Est R Woe. EXHIBIT B EXHIBIT B CHANGE ORDER 14 Exhibit "B" CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. SUPPLEMENT NO. _ SHEET _ OF _ SHEETS PROJECT: P.O. NO. TO: REQUESTED BY: City of Vernon CONTRACTOR You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. Contract Amount (Base Bid) $ Amount of This Change Order ............................................. $ ......... .. ..... .............. Amount of Previous Change Orders ....... .. .. $ Total Change Orders .................................................... $ Modified Contract Amount ............................................. $ By reason of this change order the time of completion will be adjusted as follows: Approved: Date: Director of Community Services & Water Attest: Date: Willard Yamaguchi, City Clerk We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Contractor: By: Title: c: Project File/Contractor/Purchasing Rev. 03/10 Page 1 of 1 Juarez, Debbie From: Mermis, Michelle Sent: Wednesday, April 06, 2011 5:01 PM To: Juarez, Debbie Subject: RE: INSURANCE INQUIRY - GENERAL PUMP COMPANY Insurance is good until June 1, 2011 From: Juarez, Debbie Sent: Wednesday, April 06, 2011 10:58 To: Mermis, Michelle Subject: INSURANCE INQUIRY - GENERAL PUMP COMPANY 4/11/2011 Cil RECEIVED. MAR 0 2 2011 CITY ADMINISTRATION STAFF REPORT,w/�� COMMUNITY SERVICES & WATER DEPARTMENT DATE: March 1, 2011 TO Honorable Mayor and City Council FROM: Samuel Kevin Wilson, Director, of Community Services & Water RE: SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND GENERAL PUMP COMPANY FOR THE WELL NO.9 TEST PUMPING PROJECT The Department of Community Services and Water (Department) is recommending that an Agreement between the City of Vernon and General Pump Company for the Well No. 9 Test Pumping Project (Project) be established. The Project will be performed to obtain data with regard to conducting a source water assessment under the California Department of Public Health (CDPH) Policy Memo 97-005. The Project will be conducted under two scenarios. The first scenario will consist of pumping the well for approximately seven days (168 hours), with the packer not inflated. The second scenario will be performed with the packer inflated for 'an additional period of seven days (168 hours). However, prior to testing for either scenario minor pumping development of the subject well will be performed with the aim of reducing the turbidity of the water to enable video log equipment to more " effectively capture conditions within the well -shaft; It should be noted that the Department had the subject well test pumped and video logged in April of 2008 and provided the results to the CDPH. The CDPH reviewed the information and concluded that the subject well's perforations were plugged and that rehabilitation and test pumping would be required. The Department had the subject well rehabilitated and test' pumped in April of 2010, in accordance with the CDPH directive The .results of this round of test pumping indicated that the groundwater conditions exceeded the'Maximum Containment Levels (MCLs) for three Volatile Organic Compounds (VOCs): 1,2-Dichloroeihane, Carbon Tetrachloride, and Trichloroethylene. The above chemicals exceeded the MCL at a groundwater depth of 400 feet. In discussions with General Pump Company and Richard C. Slade & Associates LLC, the feasibility of installing an inflatable packer was evaluated in order to conceivably reduce or eliminate the subject VOCs. If the results of the test pumping with the packer inflated indicated that the VOC levels have been reduced below established MCLs, or eliminated altogether, there is a distinct possibility that water treatment will not be required. The other possibility is that with reduced VOC levels, treatment costs would be less with fewer treatment chemicals needed to remove the containments. Still, the CDPH will evaluate the 97-005 Report and make a recommendation based on their findings. The CDPH may direct the Department to install treatment, or come up with a contingency plan in the event the levels of the subject contaminates increase with time. DRAFT 5/25/10 CITY OF VERNON Account No. 520000 - Supplies 2010-2011 DEP-ARTMEN- - _ _ 011FTREe rPRA l�A .$ ,-,; _ = - Detailed FY2010 Budget Name Description Expense Expense 1 A -THRONE CO., INC. - portable restrooms 1,570.20 1,600.00 2 BEACON CONCRETE, INC. - concrete 8,819.10 9,000.00 3 CATALINA PACIFIC CONCRETE - concrete 867.32 1,000.00 COUNTY CLERK, COUNTY OF L.A. - legal document recordation 180.00 - 4 CRAIG WELDING SUPPLY CO. - welding supplies 209.99 500.00 5 DALE'S TRANSPORT 462.00 500.00 6 DUNN-EDWARDS CORPORATION - paint 230.15 300.00 7 ECONOMY RENTALS, INC. 156.00 200.00 8 HACH COMPANY 975.65 1,000.00 9 HANSON AGGREGATES INC. 3,033.74 3,100.00 10 HAWKINS TRAFFIC SAFETY SUPPLY - signs 846.28 1,000.00 11 HOME DEPOT CREDIT SERVICES - building materials 2,032.73 2,500.00 12 HUNTINGTON PARK RUBBER STAMP - office supplies 39.44 100.00 13 L.B. JOHNSON HARDWARE CO. #1 - building materials 90.34 100.00 14 LAB SAFETY SUPPLY, INC. 58.91 100.00 15 MANTEK , A DIVISION 460.15 500.00 16 MISSION CLAY PRODUCTS 1,304.04 1,400.00 17 PEERLESS MATERIALS COMPANY 981.17 1,000.00 18 PILGRIM FENCE CO., - fencing materials 416.10 500.00 19 PLUMBING & INDUSTRIAL SUPPLY - plumbing materials 429.44 500.00 20 REPRO -GRAPHIC SUPPLY - office supplies 437.56 500.00 21 SILVA'S PRINTING NETWORK - stationary - 400.00 22 SOUTH BAY FOUNDRY 697.58 700.00 23 STAPLES BUSINESS ADVANTAGE - office supplies 1,128.71 1,200.00 24 UPS - postage 149.81 200.00 25 VULCAN MATERIALS COMPANY - asphalt 9,760.82 12,000.00 26 WALTERS WHOLESALE ELECTRIC CO. - electrical supplies 691.82 700.00 27 WHITE CAP CONST. SUPPLY 183.38 200.00 28 XEROX CORPORATION - printing materials 174.58 200.00 29 ZUMAR INDUSTRIES, INC. - signs 1,764.18 2,000.00 30 Miscellaneous Supplies 9,000.00 9,000.00 31 Inventory Consumption 78,611.75 78,000.00 126,762.94 130,000.00 DRAFT 5/25/10 CITY OF VERNON Account No. 520000 - Supplies 2010-2011 Detailed FY2010 Budget Name Description Expense Expense 1 BEACON CONCRETE, INC. - concrete 10,690.76 11,000.00 2 CATALINA PACIFIC CONCRETE - concrete 1,097.49 1,100.00 3 CURRENT WHOLESALE 19.97 100.00 4 DANGELO CO. 45.36 100.00 5 ENVIRONMENTAL ENHANCEMENT 2,894.05 3,000.00 6 FRANKLIN COVEY CO. 49.81 100.00 7 GOLDEN BELL PRODUCTS - d-chlor tablets 907.27 - 8 GRAINGER CO. 38.72 100.00 9 HACH COMPANY 155.60 200.00 10 HOME DEPOT CREDIT SERVICES - building materials 304.36 350.00 11 HYDRO -GUARD 257.15 300.00 12 L.B. JOHNSON HARDWARE CO. #1 - building materials 1,129.19 1,200.00 13 LAB SAFETY SUPPLY, INC. 119.07 200.00 14 PERFORMANCE METER, INC. 1,409.44 1,500.00 15 PLUMBING & INDUSTRIAL SUPPLY 498.03 500.00 16 POLLARD WATER 2,080.69 2,100.00 17 POWERS ELECTRIC PRODUCTS CO. 411.11 450.00 18 ROSEMEAD OIL PRODUCTS, INC 1,658.76 1,700.00 19 SAIC 1,076.71 1,100.00 20 SILVA'S PRINTING NETWORK -stationary 337.55 350.00 21 SOUTH BAY FOUNDRY 151.05 200.00 22 STAPLES BUSINESS ADVANTAGE - office supplies 228.24 250.00 23 UPS -postage 78.23 100.00 24 VULCAN MATERIALS COMPANY - asphalt 7,987.25 8,000.00 S11nven` � tort' Cons- uinp iorS 'r "'� 91,778.51 91,000.00 • 26-Miscellaneous-- upj lies -- 126,404.37 125, 000.00 of vE �� `ty f011,y IJ�JI'�'�``�'' Q Gamma" Pump 159 N. ACACIA STREET - SAN DIMAS, CA 91773 ---.._-..---- - - COMPANY PHONE: (909) 599-9606 -FAX: (909) 599-6238 WELL & PUMP SERVICE SINCE 1.952 I-ic. 11496765 'Wow Servingf111 Southern California and Central Coast!" February 8, 2011 City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Attn: Scott Rigg Re: . Smurfit Well No. 9 GPC Job No.: 11803 General Pump Company, Inc. (GPC) is pleased to provide this project estimate to the City of Vernon (City) to install and operate a test pump and packer system at the City's Smurfit Well No. 9. This project estimate is based on the Technical Guidelines for the testing project provided by the City (attached) and all associated work will be conducted in accordance with those testing guidelines. Bid Items Smurfit Well No. 9 Project Charges 1 1 LS Clarify water column in the well and perform a color video survey for the lump sum price of: $1,028.00 2 1 LS Conduct an alignment (deviation) survey using gyroscopic methods for the lump sum price of: $1,010.00 Mobilize a test pump and ancillary equipment, install and demobilize 3A 1 LS temporary test pump equipment and accessories, for the lump sum price $12,390.64 of: 313 1 Inflatable packer set the packer to a depth of 500 ft bgs and includes 1/4- LS inch airline through packer, airline above the packer and inflation line, to $18,799.40 include manifold at the surface for the lump sum price of: Set-up and furnish electrical starter panel, conduit, wire, and make all 3C 1 LS connections to the City's' power disconnect and Contractors' motor, for $6,160.00 the lump sum price of: Optional. Mobilize a generator to the well site, provide for delivery and 4A 1 LS cost for fuel to power the generator and conduct the necessary wiring to the test pump for the lump sum price of: $75, 866.70 413 10 Days Optional. Generator and cost for fuel per day after 30-days $33,150.00 Install approximately 800 ft of discharge piping from the well head to 5A 1 LS the point of discharge and rental of discharge piping for a minimum 30 $7,784.00 day time period for the lump sum price of: 513 10 Days Additional rental time for the discharge piping past the 30 day time period for the unit per day price of: $2,933.40 Perform Stage 1 of pumping development as specified, with the packer 6A 2 Days Y not inflated, and test fluid discharges for sand content and turbidity, assume a 12-hour day portal-to-portal - for the unit per hour price of: $3,240.00 $218.41/hr per Annual Contract City of Vernon pump February 8, 2011 "Now ,Serving All ,4outhern California and Central Coast! " Page 2 Perform Stage 2 of pumping development as specified, with the packer 6B 2 Days inflated, and test fluid discharges for sand content and turbidity, assume y a 12-hour day portal-to-portal - for the unit per hour price of. $218.41/hr $3 240.00 per Annual Contract The Contractor shall visit the site, as necessary, to observe site conditions and the operational status of the pumping system, to check 7 2 Days pressure measurements of the packer (when inflated) and to measure and $2,000.00 record water level measurements for the unit per day price of. $1,000 per day Total Estimated Project Charges $58,585.44. Optional Task 4A and 413 Charges $109,016.70 GPC's standard Terms and Conditions apply and all invoices are Net 30-days from date of invoice. GPC's estimated charges will not be exceeded without prior written authorization from the Owner. General Pump Company, Inc. appreciates the opportunity to assist with this project and if you have any questions regarding the technical aspects of this project please do not hesitate to give me a call. Regards, GENERAL PUMP COMPANY, INC. Geoff 'ey..4. (Bates Geoffrey A. Bates, P.G. Project Manager W9 Tst Pmp Est RLdoc BID PROPOSAL PACKER TESTING PROJECT FOR FORMER SMURFIT WELL NO.9 CITY OF VERNON Bid Item Quantity Unit Description Unit Price Total No, Amount 1 1 Lump Clarify water column in the well and perform a Sum color video survey for the lump sum price of: 2 1 Lump Conduct an alignment (deviation) survey using Sum gyroscopic methods for the lump sum price of: 3A 1 Lump Mobilize a test pump rig and ancillary equipment, Sum prepare all the necessary bonds and acquire all requisite permits, install and demobilize temporary test pump equipment and accessories and an inflatable packer, and set the packer to a depth of 500 ft bgs, for the lump sum price of: 313 1 Lump Optional. Mobilize a generator to the well site, Sum provide for delivery and cost for fuel to power the generator and conduct the necessary wiring to the test pump for the lump sum price of. 4A 1 Lump Install approximately 800 ft of discharge piping Sum from the well head to the point of discharge for the lump sum price of:� ate. 4B 1 Lump Rental of discharge piping for a minimum 30 day Sum time period for the lump sum price of: 4C 10 Per Additional rental time for the discharge piping past Day the 30 day time period for the unit per day price Of. 5A 24 Hrs. Perform Stage 1 of pumping development as specified, with the packer not inflated, and test fluid discharges for sand content and turbidity, for the unit per hour price of: 513 16 Hrs. Perform Stage 1 of pumping development as speed, with the packer inflated, and test fluid discharges for sand content and turbidity, for the a unit per hour price of: [� , i BID PROPOSAL PACKER TESTING PROJECT FOR FORMER SMURFIT'WELL NO. 9 CITY OF VERNON Bid Item No. Quantity Unit Description Unit Price Total Amount 6 6 Per Day The Contractor shall visit the site, as necessary, to observe site conditions and the operational status of the pumping system, to check pressure measurements of the packer (when inflated) and �b to measure and record water level measurements for the unit per day price of: 7 1 lump Conduct well disinfection and clean up site for the Sum lump sum price of. Grand Total: $ PI S g9 f o^ THE GRAND TOTAL SUBMITTED IS SUBJECT TO VERIFICATION. IF ANY DISCREPANCY IS FOUND, THE UNIT PRICE OF THE ITEM WILL GOVERN. THE BIDDER'S EXECUTION ON THE. SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL. IT IS UNDERSTOOD THAT THE FOREGOING QUANTITIES ARE. APPROXIMATE ONLY AND ARE SOLELY FOR THE PURPOSE OF FACILITATING COMPARISON BETWEEN BIDS. IT IS FURTHER UNDERSTOOD THAT THE CONTRACTOR'S COMPENSATION WILL BE COMPUTED UPON THE UNIT BASIS OF THE ACTUAL QUANTITIES USED IN THE COMPLETED WORK WHETHER THEY BE MORE THAN OR LESS THAN THOSE ESTIMATED ABOVE. Zj i 4 Date Signed 11 PROPOSAL PACKER TESTING PROJECT FOR FORMER SMURFIT WELL O CITY OF Bid Item Quantity unit Description knit Price Total No. Amount 1 Lump Clarify water column in the well and perform a Sum color video survey for the lump surer price of: r- X'z 2 1 Lump Conduct an alignment {deviation} survey using Sum gyroscopic methods for the lump sum price of: 3A 1 Lump Mobilize a test pump rig and ancillary equipment, Sum prepare all the necessary bonds and acquire all requisite permits, install and demobilize temporary test pump equipment and accessories and an inflatable packer, and set the packer to a depth of 500 ft bgs, for the lump sum price of: 38 1 Lump Optional. Mobilize a generator to the well site, Sum provide for delivery and cost for fuel to power the generator and conduct the necessary wiring to the test pump for the lump sum price of: 4A 1 Lump Install approximately 800 ft of discharge piping Sum from the well head to the point of discharge for the lump. sum price of: , �, r � `A'�' ..•�'.., ' , 413 1 Lump Rental of discharge piping for a minimum 30 day Sum time period for the lump sum price of; 4C 10 Per Additional rental time for the discharge piping past Day the 30 day time period for the unit per day price of: 5A 24 Hrs. Perform Stage 1 of pumping development as specified, with the packer not inflated, and test fluid discharges for sand content and turbidity, for the unit per hour price of: 5l3 16 Hrs. Perform Stage 1 of pumping development as specified, with the packer inflated, and test fluid discharges for sand content and turbidity, for the unit per hour price of: i BID PROPOSAL PACKER TESTING PROJECT FOR. FORMER SMURFIT WELL NO. 9 CITY OF VERNON Bid Total Item Quantity unit Description knit Price No. Amount 6 f Per Day The Contractor shall visit the site, as necessary, to observe site conditions and the operational status of the pumping system, to check pressure measurements of the packer (when inflated) and to measure and record water level measurements for the unit per day price of: 7 f Lump Conduct well disinfection and clean up site for the Sum lump -sum price of; Grand Total, Grand Total in Words; THE GRAND TOTAL SUBMITTED IS SUBJECT TO VERIFICATION. IF ANY DISCREPANCY IS FOUND, THE UNIT PRICE OF THE ITEM WILL GOVERN. THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL. IT IS UNDERSTOOD THAT THE FOREGOING QUANTITIES ARE APPROXIMATE ONLY AND ARE SOLELY FOR THE PURPOSE OF FACILITATING COMPARISON BETWEEN BIDS. IT IS FURTHER UNDERSTOOD THAT THE CONTRACTOR'S COMPENSATION WILL BE COMPUTED UPON THE UNIT BASIS OF THE ACTUAL QUANTITIES USED IN THE COMPLETED WORK WHETHER THEY BE MORE THAN OR LESS THAN THOSE ESTIMATED ABOVE.