Resolution No. 2012-228RESOLUTION NO. 2012-228
A RESOLUTION OF THE CITY COUNCIL OF'THE CITY OF
VERNON ACCEPTING THE BID OF GENERAL PUMP COMPANY,
INC. AND APPROVING AND AUTHORIZING THE EXECUTION OF
A SERVICES AGREEMENT BY AND BETWEEN THE CITY OF
VERNON AND GENERAL PUMP COMPANY, INC. FOR EMERGENCY
REMOVAL, REPAIR, AND REINSTALLATION OF WELL AND
BOOSTER MOTOR PUMPS
WHEREAS, on August 7, 2012, the City Council of the City of
Vernon adopted Resolution No. 2012-153 authorizing the issuance of a
request for proposals for emergency removal, repair, and
.reinstallation of well and booster motor pumps (the "Services"); and
WHEREAS, the City received one proposal in response to the
request for proposals; and
WHEREAS, by memorandum dated October 29, 2012, the Director
of Community Services & Water recommends that the City accept the
proposal of General Pump Company, Inc. ("General Pump") and enter into
a services agreement with General Pump setting forth the terms and
conditions under which General Pump will perform the Work (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 above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the
environment.
SECTION 3: 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 4: 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 Interim City 'Clerk, or
Deputy City Clerk, is hereby authorized to attest thereto.
SECTION 5: The City Council of the City of Vernon hereby
instructs 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, including but not limited
to, any nonsubstantive changes to the Agreement attached herein.
SECTION 6: The City Council of the City of Vernon.`hereby
directs the Interim City Clerk, or the Interim City Clerk's designee,
to send a fully executed Agreement to:
General Pump Company, Inc.
Attn.: Geoffrey A. Bates, Project Manager
159 N. Acacia Street
San Dimas, CA 91773
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SECTION 7: The Interim City Clerk of the City of Vernon
shall certify to the passage, approval and adoption of this
resolution, and the Interim City Clerk of the City of Vernon shall
cause this resolution and the Interim City Clerk's certification to be
entered in the File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this 20th day of November, 2012.
William J. Davis
Name:
Title: Mayor / 14-ye,- nr. ;I
ATTES ,.
liana
m City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 2012-228,
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, November 20, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of November, 2012, at Vernon, California.
J
Dan Reed, Interim City Clerk
(SEAL)
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SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND GENERAL PUMP
COMPANY, INC. FOR ANNUAL EMERGENCY REMOVAL, REPAIR, AND
REINSTALLATION OF WELL AND BOOSTER MOTOR PUMPS
COVER PAGE
Contractor:
General Pump Company, Inc.
Responsible Principal of Contractor:
Geoffrey A. Bates, Project Manager
Notice Information - Contractor:
General Pump Company, Inc.
159 N. Acacia Street
San Dimas, CA 91773
Attention: Geoffrey A. Bates, Project Manager
Phone: (909) 599-9606
Facsimile: (909) 599-6238
Notice Information - City:
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Kevin Wilson, Director of
Community Services &,Water
Telephone: (323) 583-8811 ext. 245
Facsimile: ,(323) 826-1435
Commencement Date:
November 20, 2012
Termination Date:
November 20, 2015
Consideration:
Total not to exceed $75,000.00 annually
(includes all applicable sales tax); and more
particularly described in Exhibit B
Records Retention Period
Three (3) years
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND GENERAL PUMP
COMPANY, INC. FOR ANNUAL EMERGENCY REMOVAL, REPAIR, AND
REINSTALLATION OF WELL AND BOOSTER MOTOR PUMPS
THIS AGREEMENT is made and entered into as of November 20, 2012 ("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 on -call emergency removal, repair, and reinstallation
of well and booster pump 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.
The term of this Agreement is from October 16, 2012 to October 16, 2015.
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.
(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.
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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 B. 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) Change in the scope of services, duties, obligations, durations or total
compensation, shall be by written authorization only by the City. A form of Change Order is set
forth in Exhibit C attached hereto and incorporated by reference.
Section 4. Method of Payment. City shall pay Contractor the Consideration in
accordance with the Cost Schedule set forth in Exhibit B. Contractor's annual compensation
shall not exceed the amount of $75,OOO without prior approval of the City Council and written
amendment to the Contract.
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. 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 licenses and permits required under this
Agreement shall be waived.
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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.
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(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
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
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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.
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(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
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 Bests 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 additional insured
endorsement naming the City, its officers, officials, employees, agents, and volunteers as
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.
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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.
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 1 Y2 times the basic rate of pay.
Living Wages. In addition, Contractor, or Subcontractor, if any, working
on City service contracts of any amount, as to all employees spending time on City contracts
shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City
contracts. The Current Living Wage Standards are set forth in Exhibit D. Upon request,
certified payroll shall be provided to the City.
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. 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 contractor 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 25. 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 26. 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. The arbitration shall be
administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The
arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the
arbitrator 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. Notwithstanding the foregoing, the parties shall be
permitted to access the court system to enforce any arbitration award. The exclusive
jurisdiction and venue under this Agreement shall be the Superior Court of California, Los
Angeles County.
Section 27. 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 28. 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 29. 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,
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representations, agreements, understandings and statements, written or oral. This Agreement
may only be modified in writing and signed by both Parties.
Section 30. 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
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 31. 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 32. 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 33. 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 34. 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 35. Headings. Headings used in this Agreement are for convenience and
ease of reference only and shall not affect the interpretation of the Agreement.
Section 36. 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 37. 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
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unenforceable; the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 38. 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.
[Signatures Begin on Next Page].
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 General Pump Company, Inc., a California
and California municipal corporation corporation
By: By:
William Davis, Mayor Name: C�_ n.G,
Title:
ATTEST:
By:
Name:
Dana Reed, Akft= V&N" Title:
Interim City Clerk
APPROVED AS TO FORM:
Nicholas George Rodriguez,
City Attorney
12
MINUTES OF SPECIAL MEETING OF
SHAREHOLDERS AND DIRECTORS
OF
GENERAL PUMP COMPANY, INC.
A California Corporation
A special meeting of the Shareholders and Directors of GENERAL PUMP
COMPANY, INC., a California corporation, was held at 225 South Civic, Suite 2-14, Palm
Springs, California, on February 21, 2003 at 10:00 a.m.
The roll call was as follows:
PRESENT: William M. Tweed
ABSENT: None
ALSO PRESENT: John T. Trevino
The meeting was called to order by the President, William M. Tweed, who presided as
Chairman and Secretary of the meeting.
The President announced that the meeting was held pursuant to the provisions of the
By -Laws.
No objection being made, a reading of the minutes of the last meeting of the
corporation was dispensed with and upon motion duly made, seconded and unanimously
carried, the same were approved without reading.
The President stated that the first order of business was to approve signing authority of
Mr. William M. Tweed, as President and Secretary, or Michael G. Bodart, as Director of
Engineering, or Geoffrey A. Bates, as Project Manager/Hydrogeologist, on bids, bid bonds
and contracts to a maximum value of two million dollars each occurrence.
Upon motion duly made, seconded and unanimously carried, the following resolution
was adopted:
RESOLVED, that the corporation approves the authority of William M. Tweed,
Michael G. Bodart and Geoffrey Bates as representatives of GENERAL PUMP COMPANY,
INC., to sign bids, bid bonds and contracts up to a maximum of two million dollars each
occurrence.
The President stated that the corporation needed to purchase two new pick-up trucks
for general business use.
Upon motion duly made, seconded and unanimously carried, the following resolution
was adopted:
RESOLVED, that the corporation approves the purchase of two new pick-up trucks
for general business use.
There being no further business to come before the meeting, said meeting was
adjourned.
William M. Tweed, Chairman
ATTEST:
William M. Tweed, Secretary
EXHIBIT A
SCOPE OF SERVICES
Contractor shall perform the services described in the proposal dated September 4,
2012, on behalf of the City. A copy of the Scope of Services provided for in the proposal is
attached hereto and incorporated by reference.
PUMP
159 T. ACACIA STREET - SAN DIMAS, CA 91 773
' PEONE: (909) 599-9606 - FAX: (909) 599-6238
ViTLL & PUn1P SERVICE SI1�'CL 1952 Lic. 4496765
"Now Serving All Southern California aiad Central Coast!"
WORD PLAN FOR THIS PROJECT
General Pump Company, Inc. will is capable and ready to perform and complete the following tasks as
needed by the City of Vernon:
✓ Remove Oil Lubricated Well Pump Equipment - depth ranging from 350 to 550 feet
Remove Submersible Well Pump depth of 400 feet. Work includes inspection of the submersible
cable, and motor for thrust bearing and winding megger
✓ Remove Oil Lubricated Vertical Turbine Booster Pump (Booster Plant No. 1) depth of 40-feet for
calculation
✓ Remove Vertical Turbine Booster Pump (Booster Plant No. 2 and 3) depth of 10-feet.
✓ Remove Vertical Turbine Storm Water Pump - depth of 40-feet for calculation, and includes
removal and re -installation of the concrete vault lid
✓ Submersible Storm Water Pump (26th Street Pump Station) - depth of 40-feet
✓ Remove Horizontal Split Case Booster Pump — impeller sizes range from 6 to l0-inch, and
include disassembly of the rotating element
✓ Install Oil Lubricated Well Pump Equipment - depth ranging from 350 to 550 feet, and includes
400-feet of new 11" stainless steel Dekron air -line, and 1.25" flush threaded PVC Schedule 80
sounding tube. Equipment installed with stainless steel bandit and buckles.
✓ Install Submersible Well Pump --depth of 400-feet, and includes 400-feet of new '/" stainless
steel Dekron air -line, and 1.25" flush threaded PVC Schedule 80 sounding tube. Equipment
installed with stainless steel bandit and buckles
✓ Install Oil Lubricated Vertical Turbine Pump (Booster Plant No. 1) — depth of 40-feet
✓ Installation Vertical Turbine Pump (Booster Plant No. 2 and 3) - depth of 7.5-feet
✓ Install Storm Water Pump — depth of 40-feet, and includes removal and re -installation of the
concrete vault lid
✓ Install Submersible Stonn Water Pump (261h Street Pump Station) — depth of 40-feet.
✓ Install Horizontal Split Case Pump - sizes range from 6 to 10-inch
Scope of Work.doc
EXHIBIT B
EXHIBIT B
FEES
Contractor shall be paid an amount not to exceed $75,000.00 annually to perform the Services
described in Exhibit A in accordance with the Bid Schedule, a copy of which is attached hereto
and incorporated as referenced.
Contractor shall invoice City by the 1st of each month for Services provided under this
Agreement.
Invoices shall include the period for which Services were provided, the dates of such Services,
and a description of the Services provided for that billing period. Each invoice shall include
copies of timesheets and other supporting documents as City may require.
Payments of each invoice shall be made by City within thirty (30) days following receipt of each
invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written
notice to Contractor within thirty (30) days of receipt of the disputed invoices. Any amounts in
dispute shall be withheld until resolution.
"KERAL
Q r
PUMP
159 N. ACACIA STREET - SAN DIMAS, CA 91773
Mir
COMA' � PHONE: (909) 599-9606 - FAX: (909) 599-6238 .
WELL & PUMP SERVICE SINCE 1952 Lic. #49065
"Now Serving All Southern California and Central Coast!"
September 4, 2012
Director of Community Services and Water
City of Vernon Department of Community Services
4305 Santa Fe Avenue
Vernon, California 90058
Attn: Samuel Kevin Wilson, P.E.
Subject: Bid Schedule
Annual Emergency Removal, Repair, and
Reinstallation of Well and Booster Motor Pumps
BID SCHEDULE
General Pump Company, Inc. is pleased to present this "Bid Schedule" to the City of Vernon (City) to
provide annual emergency removal, repair, and reinstallation of the existing well and booster motor pumps
on an as -needed basis.
We are enthusiastic about the City's projects and we are confident that GPC can work with and serve the
City in an efficient and cost-effective manner. Please feel free to call us at (909) 599-9606 if you wish to
further discuss our qualifications.
Regards,
GENTERAiL PUW CONRANFY, INC.
Geoffrey A. Bates, P.G.
Project Manager
Bid Schedule.doc
ATTACHMENT B
BIDDING SCHEDULE — EMERGENCY PUMP EQUIPMENT REPAIRS
AZ-1A — Pull and Inspect Equipment
Items below include mobilization and demobilization to and from the project site. Shop labor to
disassembly equipment into basic components, steam clean, digital photographs, and prepared
for inspection by City. The motor will be sent to a City authorized motor shop for bench testing,
disassembly and inspection. This work includes a written summary of equipment findings,
proposed repairs to include repair costs, and digital pictures of the equipment. This work
excludes repairs or material charges.
ITEM 1: Remove Oil Lubricated Well Pump Equipment - depth ranging from 350 to 550 feet.
Total Cost:
ITEM 2: Remove Submersible Well Pump depth of 400 feet. Work includes inspection of the
submersible cable, and motor for thrust bearing and winding megger.
Total Cost: , , -Z } qm oo
ITEM 3: Remove Oil Lubricated Vertical Turbine Booster Pump (Booster Plant No. 1) depth of
40-feet for calculation. '
Total Cost:00
ITEM 4: Remove Vertical Turbine Booster Pump (Booster Plant No. 2 and 3) depth of 10-feet.
Total Cost: 3, 00
STEM 5: Remove Vertical Turbine Storm Water Pump - depth of 40-feet for calculation, and
includes removal and re -installation of the concrete vault lid.
Total Cost: 00
ITEM 6: Remove Submersible Storm Water Pump (26 h Street Pump Station) - depth of 40-feet.
Total Cost: Z ya OLD
ITEM 7: Remove Horizontal Split Case Booster Pump — impeller sizes range from 6 to 10-inch,
and include disassembly of the rotating element.
Total Cost: 4�' )d, 0
Sub -Total Charges for MIA:
M-IB —Install and Perform Equipment Start -Up
Items below include mobilization and demobilization to and from the project site. This work
includes shop labor to re -assembly equipment and excludes repairs or material charges.
Contractor shall prepare and submit detailed summary to include as -built CADD drawing of
pump equipment, pump curve, shaft stretch and thrust bearing calculations, and field labor to
check rotation and test pump operation, No repair work shall be conducted until the
contractor receives written directive from the City.
ITEM 8: Install Oil Lubricated Well Pump Equipment - depth ranging from 350 to 550 feet, and
includes 400-feet of new''/n" stainless steel Dekron air -line, and 1.25" flush threaded PVC
Schedule 80 sounding tube. Equipment installed with stainless steel bandit and buckles.
Total Cost: �,fiD
ITEM 9.: Install Submersible Well Pump —depth of 400-feet, and includes 400-feet of new ''/4"
stainless steel Dekron air -line, and 1.25" flush threaded PVC Schedule 80 sounding tube.
Equipment installed with stainless steel bandit and buckles.
Total Cost: : ; S !3 , d 0
ITEM 10: Install Oil Lubricated Vertical Turbine Pump (Booster Plant No. 1) — depth of40-feet.
Total Cost: 3l 1. " "go
ITEM 11: Installation Vertical Turbine Pump (Booster Plant No. 2 and 3) - depth of 7.5-feet
Total Cost:
ITEM 12: Install Storm Water Pump — depth of 40-feet, and includes removal and re -installation of
the concrete vault lid.
Total Cost: �bf �' 10, 0 !_?
ITEM 13: Install Submersible Storm Water Pump (26th Street Pump Station) — depth of 40-feet.
Total Cost: :Z, `S l,� , or
ITEM 14: Install Horizontal Split Case Pump - sizes range from 6 to 10-inch.
Total Cost: ` �� D �[�(2
Sub -Total Charges for MIB: X q. M y), 0()
Total Charges ;for MIA .+ MIB: 'q 9 76, U 0
2
M-2 - HOURLY RATES —LABOR
Labor 1
Regular Hourly Rate
Electrician
$
3 t0
Helper (Field)
$
7 6?
Laborer (Field)
Machinist (shop)$
c/
Welder (Field)
$
Certified Crane Operator (Field
$
R
Welder (shop)
$
,L 0
Civil Engineer
$
0
H dro eolo 'st
$
19
Pump Mechanic (Field)
$
110
Pump Mechanic (Shop)
$
q)
ROW 1: Sum of All Regular Rates
$
3 0
ROW 2: City Allowance for Regular Rates
ours
40-Hours
Multiply Row (1) by Row (2) — Total Bid ,item
$
;�, 1) ;�00
M-3 - HOURLY RATES — EQUIPMENT
Equipment
Leased/Owned or
Rental
Units
Rate
Combo Rig 35 Ton
L /0O / R
Hourly
$ 90
Pump Pulling Rig, 30 Ton Capacity or
Larger
L @1 R
Hourly
$ 4/0
Pump Pulling Rig, 15-30 Ton Capacity
L / / R-
Hourly
$ J
Cable Tool Rig, 25 Ton Capacity
L /(Y/ R
Hourly
$ 60
Rotary Crane — 5 Ton and Smaller
L / O / R
Hourly
$ �"
Rotary Crane — 8 Ton -10 Ton
L R
Hourly
$ 30
Rotary Crane — 15 Ton - 35 Ton
L / O�/ R
Hourly
$ 311
Rotary Crane — 40 Ton or Larger
L / O�/ R
Hourly
$ 3
Air Compressor, Minimum of 650 CFM .
L /C / R
Hourly
$ )0
Chemical Trailer Including Poly Mixing
Tank, Safety Equipment Mixing and
Booster Pump
L / O / R
Hourly
$ i o
Welding Truck
L /,�O)/ R
Hourly
$ .110
Flat Bed Truck — 35 Ton or Smaller
L / O / R
Hourly
$
ROW 3 Sum of Rates In Rate Column
g y S6
ROW (4) City's Allowance for Hourly
E ui ment Rates
40-Hours
Multiply Row (3) by ROW (4) for Total
Bid Item
$ J � 0
3
M-4 - ADDITIONAL SER1710ES
Description
Units
QuanfiL7
Unit Price
NPDES Compliance (PH/TSS/C12 Test Equipment, Flow
Meters), includes 2 Above -Ground Storage Tanks, l OD' of
Piping, and Appurtenances for Discharge of Well Water,
Per Month
1
$ 9j ql 00
Including Delivery, Set -Up, Teardown, and Removal/Per
Site
Down -Hole Video Survey with Side.Scan (provided w/2-
Each
1
S) N 0 D
DVD copies,` color report w/screen captures - Complete)
Airlifting, Dual Swab, 20' Separation, 12" to 18"
Lump Sum
1
$ ;?. D O
Diameter-Mobilization/Demobilization
Airlifting, Dual Swab, 20' Separation, 12" to 18"
Lump Sum
1
$ U 100
Diameter (Per 8 Hour day On -Site)
Wire Brush 12" to 18" Diameter (Per 8 Hour Day On-
sump Sum
1
$� (� 00
Site
Chemical Treatment — Mobilization/Demobilization
Lump Sum
1
$ z0 0
Chemical Treatment (Per 8 Hour Day On -Site)
Lump Sum
1
$ 3,000
Temporary Test Pump Installation and Removal
Lump Sum
1
$ S, S0 0
Test Pumping (Per 8 Hour Day On -Site)
Lump Sum
I.
$ 00 0
Test Engine Above 300 HP (Per 8 Hour Day On -Site)
Lump Sum
1
$ 00
Test Engine Below 300 HP (Per 8 Hour Day On -Site)
Lump Sum
1
$ i 00
Locking Device at Wellhead (Monthly Rental)
Lump Sum
1
$ z D
ROW (5) Sum of Rates In Rate Column
Is
M-5 - MATERIALS
Parts
Percent Markup
Total
City's Allowance for Project
$25,000
Materials
Bidders Markup on City's
Allowance for Parts Enter %
Markup Proposed and Multiply
a 5 D D %
by $25,000 Allowance for Parts
Enter % Markup Proposed and
Multiply by $25,000
Total Materials
`15%
$ 3 f Z s—L-)
(Exam le if Percent Mark -Up is - $25,000 x 1.15
4
M-1 THROUGH M-5
Add Costs -from Each Section (M-1 Though M-
5
Cost
M-1 A & 13
LI 0
M-2
'. �-00
M-3
O
M-4'�
M-5
Grand Total Cost
All work shall be performed on a time and materials basis; in accordance with the rate schedule
provided by the contractor; or as a negotiated lump suns cost. The City reserves the right to
separately bid any required work. The contractor shall not perform any repair work without
written approval by the City of Vernon.
Submitted by: G�na-,�� o,
Address: � S9 \) ,
to �,
Signature:
k7
EXHIBIT C
Exhibit C
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
incivaea in the wnuacL.
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
Date:
Attest:
Dana Reed, Acting 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
be noted above, and perform all services necessary for the work above specified, and
labor, equipment and materials, including overhead, except as may otherwise
will accept as full payment therefore the prices shown above.
Accepted Date: Contractor:
By: Title:
RPv 01/10
c: Project i47le/uontractorirurcnasmg
EXHIBIT D
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Living Wages:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour
with health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick
leave, vacation, or personal necessity, and an additional ten days a year of uncompensated
time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer's compliance with the living wage ordinance. Employees may bring an action in
Superior Court against an employer for back pay, treble damages for willful violations, and
attorney's fees, or to compel City officials to terminate the service contract of violating
employers.
RN'
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
November 26, 2012
General Pump Company, Inc.
Attn: Geoffrey A. Bates, Project Manager
159 North Acacia Street
San Dimas, CA 91773
RE: Services Agreement — Emergency Removal, Repair, and Reinstallation of Well & Booster
Motor Pumps
Dear Mr. Bates:
The insurance requirements have been met. Transmitted herewith is a fully executed agreement
as referenced above, approved by City Council on November 20, 2012, through Resolution No.
2012-228.
If you have any questions, please contact Scott Rigg at (323) 583-8811 extension 279.
Thank you.
Sincerely,
Deborah R. Juarez
Records Management Assistant
Enclosure
c: Scott Rigg
S. Kevin Wilson
Purchasing Department
Resolution No. 2012-228
Agreement File No.'12-122
ExcfusiveC5 IndustriaC
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND GENERAL PUMP
COMPANY, INC. FOR ANNUAL EMERGENCY REMOVAL, REPAIR, AND
REINSTALLATION OF WELL AND BOOSTER MOTOR PUMPS
COVER PAGE
Contractor: General Pump Company, Inc.
Responsible Principal of Contractor: Geoffrey A. Bates, Project Manager
Notice Information - Contractor: General Pump Company, Inc.
159 N. Acacia Street
San Dimas, CA 91773
Attention: Geoffrey A. Bates, Project Manager
Phone: (909) 599-9606
Facsimile: (909) 599-6238
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Kevin Wilson, Director of
Community Services & Water
Telephone: (323) 583-8811 ext. 245
Facsimile:.(323) 826-1435
Commencement Date: November 20, 2012
Termination Date: November 20, 2015
Consideration: Total not to exceed $75,000.00 annually
(includes all applicable sales tax); and more
particularly described in Exhibit B
Records Retention Period Three (3) years
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND GENERAL PUMP
COMPANY, INC. FOR ANNUAL EMERGENCY REMOVAL, REPAIR, AND
REINSTALLATION OF WELL AND BOOSTER MOTOR PUMPS
THIS AGREEMENT is made and entered into as of November 20, 2012 ("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 on -call emergency removal, repair, and reinstallation
of well and booster pump 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.
The term of this Agreement is from October 16, 2012 to October 16, 2015.
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.
(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.
P
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 B. 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) Change in the scope of services, duties, obligations, durations or total
compensation, shall be by written authorization only by the City. A form of Change Order is set
forth in Exhibit C attached hereto and incorporated by reference.
Section 4. Method of Payment. City shall pay Contractor the Consideration in
accordance with the Cost Schedule set forth in Exhibit B. Contractor's annual compensation
shall not exceed the amount of $75,000 without prior approval of the City Council and written
amendment to the Contract.
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. 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 licenses and permits required under this
Agreement shall be waived.
3
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.
4
(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
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 Liabilitv. 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
N7
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.
A
(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
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 additional insured
endorsement naming the City, its officers, officials, employees, agents, and volunteers as
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.
7
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.
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.
Living Wages. In addition, Contractor, or Subcontractor, if any, working
on City service contracts of any amount, as to all employees spending time on City contracts
shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City
contracts. The Current Living Wage Standards are set forth in Exhibit D. Upon request,
certified payroll shall be provided to the City.
E3
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. 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 25. 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 26. 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. The arbitration shall be
administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The
arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the
arbitrator 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. Notwithstanding the foregoing, the parties shall be
permitted to access the court system to enforce any arbitration award. The exclusive
jurisdiction and venue under this Agreement shall be the Superior Court of California, Los
Angeles County.
Section 27. 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 28. 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 29. 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,
M
representations, agreements, understandings and statements, written or oral. This Agreement
may only be modified in writing and signed by both Parties.
Section 30. 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
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 31. 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 32. 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 33. 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 34. 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 35. Headings. Headings used in this Agreement are for convenience and
ease of reference only and shall not affect the interpretation of the Agreement.
Section 36. 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 37. 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,
10
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 38. 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.
[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
rlPl '
William Davis, MayUr
General Pump Company, Inc., a California
corporation
U
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Ti
A TIE
B'
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DaneUReed, 4[XX"Jetk Ti
Interim City Clerk
AD AS' TO FORM:
PP:
(((Uil G
Nicholas George Rodriguez,
City Attorney
fim
MINUTES OF SPECIAL MEETING OF
SHAREHOLDERS AND DIRECTORS
OF
GENERAL PUMP COMPANY, INC.
A California Corporation
A special meeting of the Shareholders and Directors of GENERAL PUMP
COMPANY, INC., a California corporation, was held at 225 South Civic, Suite 2-14, Palm
Springs, California, on February 21, 2003 at 10:00 a.m.
The roll call was as follows:
PRESENT: William M. Tweed
ABSENT: None
ALSO PRESENT: John T. Trevino
The meeting was called to order by the President, William M. Tweed, who presided as
Chairman and Secretary of the meeting.
The President announced that the meeting was held pursuant to the provisions of the
By -Laws.
No objection being made, a reading of the minutes of the last meeting of the
corporation was dispensed with and upon motion duly made, seconded and unanimously
carried, the same were approved without reading.
The President stated that the first order of business was to approve signing authority of
Mr. William M. Tweed, as President and Secretary, or Michael G. Bodart, as Director of
Engineering, or Geoffrey A. Bates, as Project Manager/Hydrogeologist, on bids, bid bonds
and contracts to a maximum value of two million dollars each occurrence.
Upon motion duly made, seconded and unanimously carried, the following resolution
was adopted:
RESOLVED, that the corporation approves the authority of William M. Tweed,
Michael G. Bodart and Geoffrey Bates as representatives of GENERAL PUMP COMPANY,
INC., to sign bids, bid bonds and contracts up to a maximum of two million dollars each
occurrence.
The President stated that the corporation needed to purchase two new pick-up trucks
for general business use.
Upon motion duly made, seconded and unanimously carried, the following resolution
was adopted:
RESOLVED, that the corporation approves the purchase of two new pick-up trucks
for general business use.
There being no further business to come before the meeting, said meeting was
adjourned.
William M. Tweed, Chairman
ATTEST:
M P, wp
IN - M' w A
William M. Tweed, Secretary
EXHIBIT A
SCOPE OF SERVICES
Contractor shall perform the services described in the proposal dated September 4,
2012, on behalf of the City. A copy of the Scope of Services provided for in the proposal is
attached hereto and incorporated by reference.
,v 1
PHONE: (909) 599-9606 -FAX: (909) 599-623859 N. ACACIA STREET - SAN DIMAS, CA 91773
WELL & PUJ\1P SERN710E SINICE_1952 Lie.4496765
"No1N Serving All Sowhern California and Cenral Coast! "
WORK PLAN FOR THIS PROJECT
General Pump Company, Inc. will is capable and ready to perform and complete the following tasks as
needed by the City of Vernon:
✓ Remove Oil Lubricated Well Pump Equipment - depth ranging from 350 to 550 feet
✓ Remove Submersible Well Pump depth of 400 feet. Work includes inspection of the submersible
cable, and motor for thrust bearing and winding megger
✓ Remove Oil Lubricated Vertical Turbine Booster Pump (Booster Plant No. 1) depth of 40-feet for
calculation
✓ Remove Vertical Turbine Booster Pump (Booster Plant No. 2 and 3) depth of 10-feet.
✓ Remove Vertical Turbine Storm Water Pump - depth of 40-feet for calculation, and includes
removal and re -installation of the concrete vault lid
✓ Submersible Storm Water Pump (26th Street Pump Station) - depth of 40-feet
✓ Remove Horizontal Split Case Booster Pump — impeller sizes range from 6 to l0-inch, and
include disassembly of the rotating element
✓ Install Oil Lubricated Well Pump Equipment - depth ranging from 350 to 550 feet, and includes
400-feet of new '/" stainless steel Dekron air -line, and 1.25" flush threaded PVC Schedule 80
sounding tube. Equipment installed with stainless steel bandit and buckles.
✓ Install Submersible Well Pump —depth of 400-feet, and includes 400-feet of new '/" stainless
steel Dekron air -line, and 1.25" flush threaded PVC Schedule 80 sounding tube. Equipment
installed with stainless steel bandit and buckles
✓ Install Oil Lubricated Vertical Turbine Pump (Booster Plant No. 1) — depth of 40-feet
✓ Installation Vertical Turbine Pump (Booster Plant No. 2 and 3) - depth of 7.5-feet
✓ Install Storm Water Pump — depth of 40-feet, and includes removal and re -installation of the
concrete vault lid
✓ Install Submersible Stonn Water Pump (26th Street Pump Station) — depth of 40-feet.
✓ Install Horizontal Split Case Pump - sizes range from 6 to 10-inch
Scope of Work.doc
EXHIBIT B
FEES
Contractor shall be paid an amount not to exceed $75,000.00 annually to perform the Services
described in Exhibit A in accordance with the Bid Schedule, a copy of which is attached hereto
and incorporated as referenced.
Contractor shall invoice City by the 181 of each month for Services provided under this
Agreement.
Invoices shall include the period for which Services were provided, the dates of such Services,
and a description of the Services provided for that billing period. Each invoice shall include
copies of timesheets and other supporting documents as City may require.
Payments of each invoice shall be made by City within thirty (30) days following receipt of each
invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written
notice to Contractor within thirty (30) days of receipt of the disputed invoices. Any amounts in
dispute shall be withheld until resolution.
MP 159 N. ACACIA STREET - SAN DIMAS, CA 91773
COMPA u PHONE: (909) 599-9606 -FAX: (909) 599-6238
WELL & PUMP SERVICE SINCE 1952 Lic.4496765
`Now Serving All Southern California and Central Coast!"
September 4, 2012
Director of Community Services and Water
City of Vernon Department of Community Services
4305 Santa Fe Avenue
Vernon, California 90058
Attn: Samuel Kevin Wilson, P.E.
Subject: Bid Schedule
Annual Emergency Removal, Repair, and
Reinstallation of Well and Booster Motor Pumps
BID SCHEDULE
General Pump Company, Inc. is pleased to present this "Bid Schedule" to the City of Vernon (City) to
provide annual emergency removal, repair, and reinstallation of the existing well and booster motor pumps
on an as -needed basis.
We are enthusiastic about the City's projects and we are confident that GPC can work with and serve the
City in an efficient and cost-effective manner. Please feel free to call us at (909) 599-9606 if you wish to
further discuss our qualifications.
Regards,
GENERAL PUNK COAVANTY, INC.
Geoffrey A. Bates, P.G.
Project Manager
Bid Schedule.doc
ATTACHMENT B
BIDDING SCHEDULE — EMERGENCY PUMP EQUIPMENT REPAIRS
M-IA — Pull and Inspect Equipment
Items below include mobilization and demobilization to and from the project site. Shop labor to
disassembly equipment into basic components, steam clean, digital photographs, and prepared
for inspection by City. The motor will be sent to a City authorized motor shop for bench testing,
disassembly and inspection. This work includes a written summary of equipment findings,
proposed repairs to include repair costs, and digital pictures of the equipment. This work
excludes repairs or material charges.
ITEM 1: Remove Oil Lubricated Well Pump Equipment - depth ranging from 350 to 550 feet.
Total Cost: ( , 7�' 00
ITEM 2: Remove Submersible Well Pump depth of 400 feet. Work includes inspection of the
submersible cable, and motor for thrust bearing and winding megger.
Total Cost: , �,q1A 00
ITEM 3, Remove Oil Lubricated Vertical Turbine Booster Pump (Booster Plant No. 1) depth of
40-feet for calculation.
Total Cost: 3))" 0t9
ITEM 4: Remove Vertical Turbine Booster Pump (Booster Plant No. 2 and 3) de th of 10-feet.
Total Cost: 0
ITEM 5: Remove Vertical Turbine Storm Water Pump - depth of 40-feet for calculation, and
includes removal and re -installation of the concrete vault lid. fI
Total Cost: 0,9
ITEM 6: Remove Submersible Storm Water Pump (26a' Street Pump Station) - depth of 40-feet.
Total Cost: Z 31�dt�
ITEM 7: Remove Horizontal Split Case Booster Pump — impeller sizes range from 6 to 10-inch,
and include disassembly of the rotating element.
Total Cost: O()
Sub -Total Charges for MIA.:
M-IB — Install and Perform Equipment Start -Up
Items below include mobilization and demobilization to and from the project site. This work
includes shop labor to re -assembly equipment and excludes repairs or material charges.
Contractor shall prepare and submit detailed summary to include as -built C.A.DD drawing of
pump equipment, pump curve, shaft stretch and thrust bearing calculations, and field labor to
check rotation and test pump operation. No repair work shall be conducted until the
contractor receives written directive from the City.
ITEM 8: Install Oil Lubricated Well Pump Equipment - depth ranging from 350 to 550 feet, and
includes 400-feet of new stainless steel Dekron air -line, and 1.25" flush threaded PVC
Schedule 80 sounding tube. Equipment installed with stainless steel ba dit and buckles.
Total Cost: —,i10
ITEM 9.: Install Submersible Well Pump —depth of 400-feet, and includes 400-feet of new '/4"
stainless steel Dekron air -line, and 1.25" flush threaded PVC Schedule 80 sounding tube.
Equipment installed with stainless steel bandit and buckles.
Total Cost: L2 u , d 0
ITEM 10: Install Oil Lubricated Vertical Turbine Pump (Booster Plant No. 1) — depth of 40-feet.
Total Cost:
ITEM 11: Installation Vertical Turbine Pump (Booster Plant No. 2 and 3) - depth of 7.5-feet
Total Cost: y 00
ITEM 12: Install Storm Water Pump — depth of 40-feet, and includes removal and re -installation of
the concrete vault lid.
Total Cost: � ), 0, IF 0, 0 4''
ITEM 13: Install Submersible Storm Water Pump (26th Street Pump Station) — depth of 40-feet.
Total Cost:,
ITEM 14: Install Horizontal Split Case Pump - sizes range from 6 to 10-inch.
Total Cost: � q) D uG00
Sub -Total Charges for M1B:: q,
Total Charges for MIA + M1B :676,00
2
M-2 - HOURLY RATES --'LABOR
Labor ]
Regular HourlV Rate
Electrician
$
3 t9
Helper (Field)
0
Laborer (Field)
.2. 0
Machinist(shop)
$
9
Welder (Field)
$
3
Certified Crane Operator (Field)
$
S 0 .
Welder (shop)$
z
Civil Engineer
$
H dro eologist
$
�}
Pump Mechanic (Field)
$
q�
Pump Mechanic (Shop)
$
qd
ROW 1: Sum of All Regular Rates
$
3 O
ROW 2: City Allowance for Regular Rates
ours
40-Hours
Multiply Row (1) by Row (2) — Total_ Bid Item
$
,, )) ;�d0
M-3 - HOURLY RATES — RQUOYIENT
Equipment
Leased/Owned or
Rental
Units
Rate
Combo Rig 35 Ton
L JOO / R
Hourly
$ g C
Pulling Rig, 30 Ton Capacity or
Larger
L // R
Hourly
$ q!%
Pump Pulling Rig, 15-30 Ton Capacity
L / / R-
Hourly
$ J t2
Cable Tool Rig, 25 Ton Capacity
L /§/ R
Hourly
$ (p p
Rotary Crane — 5 Ton and Smaller
L / CO)/ R
Hourly
$ �'
Rotary Crane — 8 Ton 10 Ton
L R
Hourly
$ 3 0
Rotary Crane —15 Ton - 35 Ton
L / O/ R
Hourly
$ 311
Rotary Crane — 40 Ton or Larger
L / O�/ R
Hourly
$ 3 o
Air Compressor, Minimum of 650 CFM .
L /C / R
Hourly
$ J
Chemical Trailer Including Poly Mixing
Tank, Safety Equipment Mixing and
Booster Pump
L /0/ R
Hourly
$ i 0
Welding Truck
L /DO / R
Hourly
$ f>
Flat Bed Truck — 35 Ton or Smaller
L / O / R
Hourly
$ q0
ROW 3 Sum of Rates In Rate Column
S y 5G
ROW (4) City's Allowance for Hourly
E ui went Rates
40-Hours
Multiply Row (3) by ROW (4) for Total
Bid Item
L iCA CI OJ COP I - -;Kc -
t
M-4 - ADDITIONAL SER1710ES
Description
Units
Quantity
Unit Price
NJPDES Compliance (PH/TSS/C12 Test Equipment, Flow
Meters), includes 2 Above -Ground Storage Tanks, 100' of
Piping, and Appurtenances for Discharge of Well Water,
Per Month
1
$ ?j G 00
Including Delivery, Set -Up, Teardown, and Removal/Per
Site
Down -Hole Video Survey with Side.Scan (provided w/2-
Each
I
S ) ) q 0 0
DVD copies, color report w/screen captures - Complete)
Airlifting, Dual Swab, 20' Separation, 12" to 18"
Lump Sum
1
$ 4 O
Diameter-Mobilization/Demobilization
Airlifting , Dual Swab, 20' Separation, 12" to 18"
Lump Sum
1
$ U I D a
Diameter (Per 8 Hour day On -Site)
Wire Brush 12" to 18" Diameter (Per 8 Hour Day On-
Lump Sum
1
$ �� 6, 0 0
Site)
Chemical Treatment — Mobilization/Demobilization
Lump Sum
1
$ z0 O
Chemical Treatment (Per 8 Hour Day On -Site)
Lump Sum
1
$ 3,000 -
Temporary Test Pump Installation and Removal
Lump Sum
1
$ 5, �d 0
Test Pumping (Per 8 Hour Day On -Site)
Lump Sum
Test Engine Above 300 HP (Per 8 Hour Day On -Site)
Lump Sum
1
$ 00
Test Engine Below 300 HP (Per 8 Hour Day On -Site)
Lump Sum
1
$ l 0 0
Locking Device at Wellhead (Monthly Rental)
Lump Sum
1
$ Q
ROW (5) Sum of Rates In Rate Column
$
M-5 - MATERIALS
Parts
Percent Markup
Total
City's Allowance for Project
$25,000
Materials
Bidders Markup on City's
Allowance for Parts Enter %
Markup Proposed and Multiply
a 5 p %
by $25,000 Allowance for Parts
Enter % Markup Proposed and
Multiply by $25,000
Total Materials
$ 3 , Z 57L-)
(Exam le if Percent Mark -Up is 15% - $25,000 x 1.15
M-1 THROUGH M-5
Add Costs, from Each Section (M-1 Though M-
5
Cost
M-lA&B
419
M-2
-00
M-3
o
M-4
�.4 - :Z,L)
M-5
2 f '�' z'D
v
Grand Total Cost
$ l q 6
All work shall be performed on a time and materials basis; in accordance with the rate schedule
provided by the contractor; or as a negotiated lump sum cost. The City reserves the right to
separately bid any required work. The contractor shall not perform any repair work without
written approval by the City of Vernon.
Submitted by: �!VIY,-, o, .
Address: �CCs� �i , P�CCIC� ,
Signature. N.
Exhibit C
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
incluClecl in the contract.
Contract Amount (Base Bid
$
Amount of This Change Order
Amount of Previous Chan e Orders
$
Total Change Orders
$
Modified Contract Amount
$
13y reason of this change order the time of
completion will be adjusted as follows:
Approved: Date:
Director of Community Services & Water
Date:
Attest:
Dana Reed, Acting 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
be above, and all services necessary for the work above specified, and
labor, equipment and materials, including overhead, except as may otherwise noted perform
will accept as full payment therefore the prices shown above.
Accepted Date: Contractor:
By. Title:
RP.v nano
c: Project File/Contractor/Yurcnastng
EXHIBIT D
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Living Wages:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour
with health benefits, or $11.55 per hour without health benefits.
Paid and unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick
leave, vacation, or personal necessity, and an additional ten days a year of uncompensated
time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer's compliance with the living wage ordinance. Employees may bring an action in
Superior Court against an employer for back pay, treble damages for willful violations, and
attorney's fees, or to compel City officials to terminate the service contract of violating
employers.
Juarez, Debbie
From: Arriola, Justin
Sent: Tuesday, November 20, 2012 3:59 PM
To: Juarez, Debbie
Subject: RE: Insurance Inquiry- General Pump - Resolution No. 2012-228
Hey Debbie,
1. Kronick Moskovitz has not provided all of the requested documents. I contacted them yesterday and requested a
copy of their declaration page. It's the only document needed so I should receive it soon. I'll follow up with them
in the morning.
2. General Pump has provided acceptable insurance.
Justin Arriola
Risk Management Dpt.
Jarriola@ci.vernon.ca.us
(323) 583-881 1 ext:315
CONFIDENTIALITY NOTICE; This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential
information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby
notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED.
If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without
reading or saving in any manner.
From: Juarez, Debbie
Sent: Tuesday, November 20, 2012 3:46 PM
To: Arriola, Justin
Subject: Insurance Inquiry - General Pump —Resolution No. 2012-228
Hi Justin. Please let me know if the above -referenced has valid insurance. Thanks.
1
RECEIVED
RECEIVED 0'6T 3 1 '2012
NOV 0 6 2012 CITY ADMINISTRATION
CITY CLERK'S OFFICE STAFF REPORT
COMMUNITY SERVICES & WATER DEPARTMENT
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson,Tlirector of Community Services and Water
DATE: October 29, 2012
SUBJECT: AGREEMENT BETWEEN THE CITY OF VERNON AND GENERAL
PUMP COMPANY, INC. FOR EMERGENCY REMOVAL, REPAIR, AND
REINSTALLATION OF WELL AND BOOSTER PUMPS
The Department of Community Services and Water (Department) issued Request for Proposals (RFP)
in August of 2012 in order to solicit bids from qualified contractors for Emergency Removal, Repair, and
Reinstallation of Well and Booster Pumps. The Department received one -bid from General Pump Company,
Inc. (General Pump) in response to the RFP. The Department advertised the RFP on the City of Vernon
Website, with private advertising firms, and issued the subject RFP to several contractors that do business in the
greater Southern California region. The technical nature of this agreement more than likely eliminated a
majority of contractors that specialize in small scale pump repairs. This agreement requires a contractor that has
in-house engineering expertise to rebuild and design pumps that are capable of functioning efficiently in a
complex water distribution system.
Moreover, General Pump has been providing emergency pump repair services for the City of Vernon
(City) for several years and has an excellent industry reputation for their technical competence and customer
service. Staff performed a detailed evaluation of General Pump's bid and found it to be comprehensive in terms
of demonstrating their experience in performing projects of a similar nature; and clearly developing a work plan
based on an in-depth understanding of the City's well and booster motor pumps.
The City Attorney's office has prepared a Services Agreement between the City of Vernon and General
Pump Company, Inc. for Emergency Removal, Repair, and Reinstallation of Well and Booster Pumps. The
Agreement has been executed by General Pump Company, Inc. It is my recommendation that the City Council
approve the Services Agreement between the City of Vernon and General Pump Company, Inc. at the
November 20, 2012 City Council meeting; and be made effective November 20, 2012. Thank you.
SKW/sr
Enclosures
FAScottVScottWy Do ents\Annual Contract\Annual Contracts%FP Pump Contract 2012\Annual Pump RFP 2012VStaffReport General Pump Company.doc
Z
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
A-6
TO: Mark Whitworth, City Administrator
FROM: Samuel Kevin Wilsonvirector of Community Services and Water
DATE: October 29, 2012
SUBJECT: AGREEMENT BETWEEN THE CITY OF VERNON AND GENERAL
PUMP COMPANY, INC. FOR EMERGENCY REMOVAL, REPAIR, AND
REINSTALLATION OF WELL AND BOOSTER PUMPS
The Department of Community Services and Water (Department) issued Request for Proposals (RFP)
in August of 2012 in order to solicit bids from qualified contractors for Emergency Removal, Repair, and
Reinstallation of Well and Booster Pumps. The Department received one -bid from General Pump Company,
Inc. (General Pump) in response to the RFP. Please note that the Department advertised the RFP on the City of
Vernon website as well as private advertising firms. In addition, 'staff issued the subject RFP to several
contractors that do business in the greater Southern California region.
The City Attorney's office has prepared a Services Agreement between the City of Vernon and General
Pump Company, Inc. for Emergency Removal,Repair, and Reinstallation of Well and Booster Pumps. The
Agreement has been executed by General Pump Company, hic. A Staff Report is herein attached
recommending that the City Council approve the Services Agreement between the City of Vernon and General
Pump Company, Inc at the November 20, 2012 City Council meeting. The effective date will be November 20,
2012. Thank you.
SKW/sr
Enclosures
F:\Scott\ScottVvlyDocuments\AnnualConnact\ArmualContmcts\RFPPumpContnct2012\AnnualPumpRFP2012\CityAdministmtorCe amlPumpAgrmment.doc