HomeMy WebLinkAbout11 - On-Call Repair of Water Wells & Pump StationsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 11
April 28, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Utilities Department
Cindy Asher, Administrative Manager
949 -644 -3010 or casher @city.newport- beach.ca.us
SUBJECT: APPROVAL OF ON -CALL REPAIR SERVICES AGREEMENT WITH
GENERAL PUMP COMPANY, INC. FOR REPAIR OF WATER WELLS
AND PUMP STATIONS
RECOMMENDATION:
Approve an On -Call Repair Services Agreement with General Pump Company, Inc. for
on -call repair of water wells and pump stations and authorize the Mayor and City Clerk
to execute the Agreement.
DISCUSSION:
Background
On -call agreements allow staff to quickly access specialized services that are regularly
required for various repairs of the City's water wells, pumps, motors and pumping units.
The City's primary source of water is from our groundwater wells in Fountain Valley.
The City owns and operates four wells which currently make up 69 percent of all water
we supply to our residents, businesses, and visitors. The remainder of the water we
supply is purchased through the Municipal Water District of Orange County ( MWDOC).
MWDOC water is generally more expensive to purchase than water produced from our
groundwater sources, so it is essential we keep our wells in service and maximize their
water production.
The City has a comprehensive maintenance program to maintain our ground water
system; however, there are occasions when unexpected failures occur. The City does
not have the necessary equipment to remove these well pumps as some of these
pumps are over 200 feet long. There are only a few companies within Southern
California that can perform this kind of work and have proven to provide quality work in
this field.
General Pump Company
Approval of On -Call Repair Services Agreement
April 28, 2009
Page 2
General Pump Company (GPC) has over 55 years of experience in providing well and
pump maintenance, rehabilitation, treatment services, and electric motor services
throughout California. In addition, they are the only well and pump service company in
Southern California that builds 100 percent of their bowl assemblies (the bowl assembly
holds the impellers that move the water). Newport Beach has used the services of GPC
for over 20 years. Additionally, GPC was the successful bidder for the City's Capital
Improvement Projects that will rehabilitate the Dolphin Deep, Dolphin Shallow and
Tamura Shallow water wells.
In entering into a minimum one -year On -Call Repair Agreement, General Pump
Company will provide the City a 10 percent discount on labor rates.
Operating the City's wells is not only cost effective;. it is the most important element of
our total water supply program. As such, staff will be seeking additional on -call repair
agreements with companies that provide quick response, quality work, and cost
effective pricing for related maintenance elements of the water well system.
Environmental Review:
This action requires no environmental review, as it is not a project pursuant to CEQA.
Funding Availability:
Funding is available in the Wells & Pump Station Maintenance Account — 5500 -8156.
Prepared by:
W n
Cindy Asher, Ad inistrative Manager
Submitted by:
eo a Murdoch, Utilities Director
Attachments: On -Call Repair Services Agreement
OWCALL REPAIR SERVICES AGREEMENT WITH
GENERAL PUMP COMPANY FOR ON -CALL
REPAIR OF WATER WELLS AND PUMP STATIONS
THIS AGREEMENT is made and entered into as of this 28th day of April, 2009,
by and between the CITY OF NEWPORT BEACH,. a Municipal Corporation ( "City"),
and GENERAL PUMP COMPANY, INC., a California Corporation whose address is
159 N. Acacia Street, San Dimas, California 91773 ( "Contractor"), and is made with
reference to the following:
RECITALS
A: City, is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on-Gall assistance for repair of water wells and pump stations
including pump and motor repair services.
C. City desires to engage Contractor to perform on -call repair of water wells and
pump stations throughout the City on an as need basis ( "Project ").
D. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Contractor for purposes of Project shall be Michael
Bodart.
F. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to
retain Contractor to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 3151 day of March, 2010, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Contractor shall provide "On -Call" repair services of water wells and pump stations
as described in the Statement of Qualifications attached as Exhibit "A." Upon verbal
or written request from the Project Administrator, Contractor shall provide a letter
proposal for services requested by the City (hereinafter referred to as the "Letter
Proposal "). The Letter Proposal shall include the following:
(a) A detailed description of the services to be provided;
(b) The position of each person to be assigned to perform the services,
and the name of the individuals to be assigned, if available;
(c) The estimated number of hours and cost to complete the services;
(d) The time needed to finish the specific project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and the
services shall be performed to completion in a diligent and timely manner. The
failure by Contractor to perform the services in a diligent and timely manner may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Contractor shall not be responsible for delays due to
causes beyond Contractor's reasonable control. However, in the case of any such
delay in the services to be provided for the Project, each party hereby agrees to
provide notice to the other party so that all delays can be addressed.
3.1 Contractor shall submit all requests for extensions of time for performance in
writing to the Project Administrator not later than ten (10) calendar days after
the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Contractor's control.
3.2 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by
telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit "B" and incorporated herein by reference.
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No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Contractor's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees; shall . not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Any Letter Proposal that sets forth fees in
excess of Thirty Thousand Dollars and No Cents ($30,000.00) shalt require a
separate Repair /Maintenance. Service Agreement approved by the City in
accordance with Council. Policy F -14.
4.1 Contractor shall submit monthly invoices to City describing. the work
performed the preceding month. Contractors bills shall include the name
of the person and /or classification of employee who performed the work, a
brief description of the services performed and/or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis; and a
description of any reimbursable expenditures. City shall pay Contractor
no later than thirty (30) days after approval of the monthly invoice by City
staff..
4.2 City shall reimburse Contractor only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include notMng more than the following
costs incurred by Contractor.
A. The actual costs of subconsultants for performance of any of the
services that Contractor agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance. in writing and incurred by Contractor in the
performance of this Agreement.
4.3 Contractor.shall not receive any compensation for Extra Work without the
prior written authorization of City. As_ used herein, "Extra Work' means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Letter
Proposal and .which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in,
accordance with the Schedule of Billing Rates set forth in Exhibit B.
5. PROJECT MANAGER
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Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Michael Bodart to
be its Project Manager. Contractor shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City.. City s approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Contractor, at the sole discretion of City, shall remove from the Project any of its
Personnel assigned to the performance of services. upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Utilities Department. Kent Russell
shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY`S RESPONSIBILITIES
In order to assist Contractor in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Contractor, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Contractor's
work schedule.
B. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Contractor certifies that the work conforms to
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the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Contractor represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications; insurance and approvals of whatsoever
nature that are legally required of Contractor to practice its profession.
Contractor further represents and warrants to City that Contractor shall, at
.its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Newport Beach business license during
the term of this Agreement.
8.3 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God; or the failure of City
to furnish timely information or to approve or disapprove Contractor's work
promptly, or delay or faulty, performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties ") from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work performed or
services provided under this Agreement including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and /or willful acts, errors and /or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Contractor.
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INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the work are under the control of Contractor, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Contractor or any of Contractor's employees or agents, to be the agents or
employees of City. Contractor shall have the responsibility for and control over
the means of performing the work, provided that Contractor is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Contractor as to the details of the performance or to
exercise a measure of control over Contractor shall mean only that Contractor
shall follow the desires of City with respect to the results of the services.
COOPERATION
Contractor agrees to work closely and cooperate fully with Cityrs designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Contractor on the Project.
CITY POLICY
Contractor shall discuss and review all matters relating to policy and project
direction with City s Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
PROGRESS
Contractor is responsible for keeping the Project Administrator and/or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of work. Contractor shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
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City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be .issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of Califomia, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best`s Key Rating Guide, unless otherwise approved by the ClWs Risk
Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractors
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Contractor for City.
2. General Liability Coverage. Contractor shall maintain commercial
general. liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Contractor shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Contractor arising out of or in connection with
work to be performed under this Agreement, including coverage for
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any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
4. Professional Errors and Omissions Insurance. Contractor shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability - and automobile liability insurance
policy shall be endorsed with the following specific language:
1. The City, its .elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Contractor.
2. This policy, shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to. all claims, losses, or liability arising
directly or indirectly from the Contractors operations or services.
.provided to City. Any insurance maintained by City, including any
self - insured retention City rnay have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
3. This insurance shalt act for each insured and additional insured as
though: a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers; officials; employees, agents and volunteers.
5. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
6. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
Written notice of non- payment of premium) written notice has been
received by City.
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F. Timeft! Notice of Claims. Contractor shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Contractor's performance under this Agreement.
G. Additional Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this. Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Contractor, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Contractor is a partnership or joint - venture or syndicate or cotenancy,
which shall result in changing the control of Contractor.. Control means fifty
percent (50. %) or more of the voting power, or twenty- five - percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than.the general prevailing rate of per diem wages including legal holidays
and overtime work for each craft or type of workman needed to execute the work
contemplated under the Agreement shall be paid to all workmen employed on the
work to be done according to the Agreement by the Contractor and any
subcontractor. In accordance with the California Labor Code (Sections 1770 et
I eq.), the Director of Industrial Relations has ascertained the general prevailing
rate of per diem wages in the locality in which the work is to be performed for each
craft, classification, or type of workman or mechanic needed to execute the
Agreement. A copy of said determination is available by calling the prevailing
wage hotline number (415) 703 -4774, and requesting one from the Department of
Industrial Relations. The Contractor is required to obtain the wage determinations
from the Department of Industrial Relations and post at.the job site the prevailing
rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him /her to comply with all State of California labor laws, rules
and regulations and the parties agree that the City shall not be liable for any
violation thereof.
17. SUBCONTRACTING
City and Contractor agree that subcontractors may be used to complete the work
outlined in the Scope of Services. The subcontractors authorized by City to
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perform work on this Project are identified in Exhibit A. Contractor shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
18. , OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter 'Documents"), prepared or caused to be prepared by
Contractor, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Contractor or any other party. Contractor shall, at Contractor's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Contractor
Pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Contractor will be at City's sole risk and without liability to
Contractor. Further, any and all liability arising out of changes made to
Contractor's deliverables under this Agreement by City or persons other than
Contractor is waived against Contractor and City assumes full responsibility for
such changes unless City has given Contractor prior notice and has received
from Contractor written consent for such changes.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
20. RECORDS
Contractor shall keep records and invoices in connection with the work to be
performed under this Agreement. Contractor shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
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of final payment to Contractor to this Agreement. All such records shall be
clearly identifiable. Contractor shall allow a representative of City to examine,
audit and make transcripts or copies of such records during .regular business.
hours. Contractor shall allow inspection of all work, data, documents,
proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
21. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor
shall not discontinue work as a result of such withholding. Contractor shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Contractor shall be entitled to receive interest on any
withheld sums at the rate of return that City earned on its investments during the
time period, .from the date of withholding of any amounts found to have been
improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Contractor which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by. Contractor, the additional. design, construction and /or
restoration expense shall be borne by Contractor. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
24. CONFLICTS OF INTEREST
The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Contractor shall indemnify and hold harmless City for
any and all claims for damages resulting from Contractor's violation of this
Section.
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26. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Contractor to City shall be addressed to City at:
Cindy Asher
City of Newport Beach, Utilities Department
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949- 644 -3012
Fax: 949- 646 -5204
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Michael Bodart
General Pump Company
159 Acacia Street
San Dimas, CA 91773
Phone: (909) 599 -9606
Fax: (909) 599 -6238
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Contractor. In the event of
termination under this Section, City shall pay Contractor for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all reports and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
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27. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Contractor shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenantor condition contained herein; whether
of the same or a different character.
29. INTEGRATES CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
31. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Contractor and City and approved as to form by the City
Attorney.
32. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either parry by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
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34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any, action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
35, EQUAL OPPORTUNITY EMPLOYMENT
Contractor represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
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IN WITNESS. WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF CITY ATTORNEY:
By:
M ett ea a p,
Assistant City Attor y
ATTEST:
0
Leilani Brown,
City Clerk
Attachments:
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Edward Selich,
Mayor
CONTRACTOR:
GENERAL PUMP COMPANY:
M
(Corporate Officer)
Title: Director of Engineering
Print Name: Michael G. Bodart
By:
(Financial Officer)
Title: President
Print Name: William M. Tweed
Exhibit A Statement of Qualifications
Exhibit B - Schedule of Billing Rates
15
EXHIBIT 11K
159 N. ACACIA STREET • SAN DIMAS, CA 91773
PHONE: (909) 599 -9606 • FAX: (909) 599 -6238
918 Mission Rock Road; SANTA PAULA; CA 93060
P14ONE: (805) 482 -1215
WELL & PUMP SERVICE SINCE 1952 t.ic. #496765
March 17, 2009
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, California 92658 -8915
Attn: Cindy Asher
Subject: Statement of QuaUfsn dons .
General Pump Company, Inc. is pleased to present this Statement of Qualifications to the City of
Newport Beach (City), to provide maintenance; rehabilitation; andtreatment services for your existing water
wells, on an as- needed basis. Based on General Pump Company's experience working with water
utilities and purveyors in California,. we understand how important it is to have the ability to effectively.
evaluate and implement appropriate well and pump redevelopment work. This ability to, accurately develop
cost- effective production and well and pump maintenanee; rehabilitation and treatment options, and to
execute those projects; is paramount to the :success of the one (1) year contract, and to the operation of the
water system.
We are enthusiastic about the City's projects, and we are confident that General Pump Company, Inc.
can work with and serve the City in an efficient and Gast- effective manner. Please feel free to call us at
(909) 599 -9606 extension 222, if you wish to discuss further our qualifications.
Sincerely,
GENERAL Pump ComPANY, INC..
Wichael(3odart
Michael Bodart
Director of Engineer
STATEMENT OF QUALIFICATIONS
z
CAPABMrUES
General Pump Company, Inc. is a Professional Well Redevelopment and Pump Equipment contractor
located in San Dimas and Santa Paula, California. The Engineering staff, field support and service crews,:
and .office support staff are 100% dedicated to well evaluation and rehabilitation, and pump equipment
evaluation and services.
The technical staff at General Pump Company, Inc. has worked in almost every aspect of the well and
pump industries: This diverse experience provided us with unique qualifications to serve our customers
and provide them with solution - oriented approaches to get their system back into operation. Our
engineers and Hydrogeologist have all worked in the drilling and design segment of the water, and!or oil
and gas industries, and many of our shop and support technicians have worked for major pump
manufactures.
General Pump Company, Inc. employs only experienced Engineers, Hydrogeologist and Technical
Field Personnel that can offer Customers assistance in the following areas:
Assess Well Yields to Minimize Operating and Maintehance Costs
• Determine the Efficiency of Production and ASR Wells and Pumps
•. Engineered Pump and Welt Equipment
• Pump Facility Design and Construction
• Booster Facility Design and Construction
• Pipeline Design and Construction
• Appropriate Mechanical and Chemical Redevelopment
• Periodic Monitor and Maintenance Programs
• Water Quality and Production Solutions
• Well System Optimization
• Engineered Pump Suctions
• Pump and Motor Repair
• Custom Pump Design and Machining
• Electrical, SCADA and Transducer Support
• Casing Repair and Swedging
• Video and Geophysical Logging Support
L :7
_J
ki
General Pump Company, Inc., an Engineering Service Company, is dedicated to supporting the
ongoing needs of the Water Industry, and committed to providing:
• Solution- oriented engineering using problem - solving techniques by degreed Engineers and
Registered Geologists with diverse well system and groundwater experience, and pump
application engineers from major pump manufacturing companies.
• Full -time machine shop, staffed with experienced personnel capable of building and repairing
standard and custom pump equipment and specialty products..
• Self-contained chemical trailers to include safety support and operational. controls.
• Trained and certified operators for periodic monitoring and' maintenance programs.
• in- house training facility and training programs for customers and our own personnel:
• .
Strong project and construction management for any size project,
• Instant communications with cellular radiolphones for all staff, engineering, technical, field and
shop personnel; resulting in better services at a reduced risk and overall cost
• Modem. safe and reliable equipment with the Only Telescoping Well Rigs in the industry
capable of effective redevelopment of welts in pump houses; and,
SAFETY
Safety is paramount when men and equipment are involved. A good Safety record is important along with
adequate insurance and bonding. General Pump Company, Inc. has the best safety record- in Southern
California for the water well and pump rehabilitation business. Over the past seven years; General Pump
Company, Inc..has had minimal loss of time for work related injuries
ANNUAL CONTRACTS
Award of an Annual Contract is a great honor and to have an Annual Contract renewed year after year is
the greatest complement to a service .company. It proves that the contractor has met or exceeded the
customers' set goals and expectations. General Pump Company, Inc. has been selected by 28 cities in
Southern California to maintain their well and pumping systems. Additionally, General Pump
Company, Inc. is the primary contractor or sole- source contractor for 8 private utilities and water
districts. Most of these are either multi-year contracts having been renewed several times over.
1-i
MACHINE SHOP CAPABILITIES
General Pump Company, Inc. is the only well and pump Service Company in Southern California that
builds 100% of our bowl. assemblies. This level of expertise, along with our in -house machines, allows us
to supply or repair with a, greater level of knowledge that your pump equipment will be reliable and
efficient.
Our repair and fabrication facility maintains the most complete line of lathes, welding and associated
machining toots.
General Pump Company, Inc. has an expansive repair and fabrication facility. This facility has proven
to be invaluable over. our 50 years of business, since many pump and motor repairs require a strong
interface between machining, welding and electrical support in order to be completed.. We Gave three
major groups within our repair and fabrication facility that allow us to serve your needs in a variety of
ways:
Fabrication and Machining: Including lathes, milling machines, grinders, balancing machines,
flame welding, gas and electric welding; heli -arc, etc. We perform welding on steel, aluminum,
brass, cast iron, resurfacing, and custom work.
We repair all types of pumps by all manufacturers in our facility up to approximately 24 -inch
impeller diameter for single and multi =stage Horizontal Pumps and 30 -inch diameter for Vertical
Turbine Pumps.
Assembly. 100.0 of our bowl assemblies are assembled at our facility. Assembly of pumps
assures the highest quality product, with the assurance that it is built correctly and will meet that
design criteria specified. General Pump Company uses the highest quality parts in each pump to
include, but not limited to, stainless steel bolting, pump shaft quality (PSQ) bowl and head shaft
shafts, SKF bearings, etc.
Field Services: This service has helped us establish ourselves as well and pump problem solvers
since many operational problems can be traced to poor installation practices. Having the proper
diagnostic equipment and knowing how to use it distinguishes us as "The Leader in Well and
Pump Services ".
Precision Alignment - We've invested in the latest Precision Alignment technology and
have.established a growing list of customers who use us for these services.
Removal, Installation, Mechanical and Startup - We perform field- testing, removal,
installation and machining services to offer a turnkey pump service.
5
General Pump Company, Inc. can provide you with high quality workmanship to meet your water
'supply needs. Our highly skilled employees can also perform repairs on many types of well and booster
pumps.
Pump Repair
Booster
End Suction
Horizontal
Split Case
Vertical Turbine
Right-Angle Drives
Impeller Rebuilding
Balancing
Trimmed
Eyes and Flanges
Mechanical Seals
Re- Machine Seat
High Pressure
High Temperature
EQUIPMENT AND FIELD SERVICE
Machine Shop
Shaft Manufactured
Pumps and Motors
Precision Straightening
Electrical Motors
Sleeves Made
Bronze
Mild Steel
Stainless Steel
Threads and Tapping
Electric Motors
New and Overhauled
Rewound
Balanced
Custom Bases
Shaft Repaired
Upgrades
General Pump Company, Inc. maintains a full service machine shop, clean and safe rigs and cranes are
a minimum requirement for reliability, quality workmanship and safety. Specialized equipment for
chemical treatments is also important.
General Pump Company, Inc. has several trucks fully loaded with essential equipment to handle many
urgent repairs in the field. Our well and pump service crews are always ready and willing to assist your
Water Utility with making a repair to keep your well and booster facilities running. Just let us know and
we will be on the way, ready to provide you with the highest quality service available.
General Pump Company, Inc. has the newest fleet of rigs and equipment in Southern California. Below
are the benefits to our customers.
• Reliable work - In water emergencies, it is important that this large equipment is ready to respond
without breakdowns.
• Safety - Our new equipment is not likely to malfunction resulting in major damage or possible
. injuries.
• The most up -to -date equipment to assemble the Customers' pumps_
General Pump Company, Inc. has the only telescoping pump. rigs. in Southern California.
r-1
Our newest purchase is our 2003 Grove 40 -ton crane. We now have the largest. crane in operation as
compared to other Southern California companies that attempt to provide the same General Pump
Company, Inc. Services. This crane allows us to better service the Customer in. some of the more
diffikult access sites.
General Pump Company, Inc. has chemical. treatment equipment with fully operational safety
equipment that includes eyewash and shower, along with other special redevelopment tools, which allow
General Pump Company, Ine. to perform the most cost-effective cleaning to your wells.
PROFESSIONAL REFERENCES
Because of General Pump Company's long history in Southern California (over 50 years), we have
selected five (5) cities as references of similar annual maintenance projects to reference. As we
described above in our Proposal, General Pump.Company, Ine. bas been:seleeted by 28 cities in
southern California to maintain their well and pumping systems. Upon your request, we can submit
additional cities or additional information on other annual contracts.
City of Ontario —Tom O'Neill
Annual Contract .
City of Azusa — Steve Seffer
Annual. Contract
City of Huntington Beach — Jay Kleinheinz
Annual Contract
City of Westminster— Scott Miller
Annual Contract
City of Santa Monica — Gary Richinick
Annual Contract
909 -395 -2676
2002 - Present
626- 334 -0414
1996 - Present
714 3744512
1999 - Present
714- 895 -2,876
1995 - Present
310 826 -6712
1979 -Present
Please let us know if you world like contacting names. and phoning numbers for other General Pump .
Company, Inc. customers or annual contract holders. We can also supply you with a list of Engineering
Companies that we consult with and who regularly contract direct with General Pump Company, Inc.
-000-
GEMNIML EXHIBIT "B"
NEW 1VOONFAM 159 N. ACACIA STREET • SAN DIMAS, CA 91773
PHONE: (909) 599 -9606 • FAX: (909)399 -6238
WELL & PUMP SERVICE SINCE 1952 Uc. a496765
10% Discount on Labor Rates Will apply for
Oven P.Os and Annual Contracts
(Effective April 1, 2009)
3 Man Crew & Standard Pump Pulling Rig .......................................................... $329.00 per Hour
.I Operator & 40 -Ton Crane .............. ............................. .. ........... ............................ $299.00 per Hour
I Man, Support Truck for the 40 -Ton Crane ......................... ............................... $129.00 per Hour
2 Man Crew & Combination Rig .............................................................. I ...... I..... $279.00 per Hour
2 Man Crew & Standard Pump Pulling Rig ............................ ......._..........$259.00 per Hour
Wire Brush or Swab Rental .................................. ............................... ........................$525.00 Each
Flatbed Truck & Driver
$119.00 per Hour
Rotary Crane (up to 17 ton) & 1 Man ........................ ............$194.00 per Hour
.. ...............................
Rotary Crane & 2 Men .................................... ............................... .......................$269.00 per Hour
Service Truck & 1 Mechanic, Electrical or General Services .............................. $129.00 per Hour
Service Truck & I Mechanic & Helper ................................. ............................... $229.00 per Hour
Shop Labor —Mechanics ........... .. ................................................................ :.......... $98.00 per Hour
Shop Labor — Machining or Welding ...................................... ............................... $98.00 per Hour
Overtime & Saturdays ........................ ............................... ............................ Add $50.00/Man Hour
Sundays & Holidays .............................................. ............................... Add.$IW.00 per Man Hour
Control & Instrument Specialist .............. .. ..................................................... :...... $129.00 per Hour
AdditionalHelper ................................................................... ............................... $100.00 per Hour
Video Log — Color with Downhole and Side -Scan ...... .......................$1000:00 per DVD or Video
Re -Video Log — Color with Downhole and Side - Scan .. ........................$900:00 per DVD or Video
Test Pump — Above 300 HP Engine ...................................... ............................... $295.00 per Hour
Test Pump — Below 300 HP Engine ...................................... .................... .I.......... $245.00 per Hour
1 Man & Chemical Distribution Trailer, Large ..................... ............................... $280.00 per Hour
1 Man &Chemical Distribution Trailer, Small ..................... ............................... $220.00 per Hour
Engineering and Hydrogeology Services ...................................... ......................<........ Per Job Basis
FIELD RATES ARE PORTAL TO PORTAL
For additional information on General Pump Company or to speak with one of our qualified Engineers,
please contact us at:
G'Ti W,RAL PUW CQNPAKYa INC. .
159 North Acacia Street, San Dimas, California 91773
Phone: (909) 599 -9606 • Fax: (909) 599 -6238 •E-mail: engineering@9enpump.c0m