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Home My WebLink AboutC-8604-1 - On-Call M/RSA for Water Well and Water Pump Station MaintenanceE�"N,�QRAL a 159 N. ACACIA STREET * SAN DIMAS, CA 91773 PUMP MP PHONE: (909) 599-9606 * FAX: (909) 599-6238 COMPANY CAMARILLO, CA 93010 * PHONE: (805) 482-1215 www.genpump.com WELL & PUMP SERVICE SINCE 1952 Lic. #496765 Serving Southern California and Central Coast March 15, 2024 City of Newport Beach PO Box 1768 100 Civic Center Drive Newport Beach, California 92660 Attn: Landin Miller Subject: Tamura Shallow Well — Pump Pull and Inspection General Pump Company is pleased to provide our quote to pull the water lube pump equipment currently installed at the above referenced site. This scope of work also includes a replacement cone strainer and video survey. Once the survey is complete, the well will be evaluated for additional rehabilitation. This proposal does not include pump equipment prep and reinstallation. This will be quoted separately after the evaluation is complete. Please note that all labor rates are per our on -call maintenance and repair services agreement (C-8604-1). Cost Proposal Shop Labor • Prep crane and tooling for pump pull • Unload and stage customer equipment • Receive and inspect new materials, quality assurance • Remove suction pipe from bowl assembly • Remove damaged cone strainer from suction pipe • Weld new cone strainer to suction pipe Shop Labor — Pump Mechanic — Est 10 Hrs @ $90/Hr. $ 900.00 Materials • 10" Cone Strainer, 316SS $ 833.00 • Estimated shipping and handling 55.00 • Sales Tax @ 7.75% 68.82 $ 956.82 Outside Service 0 Video log — color with downhole and side -scan $ 1,200.00 d GEGN��RAL PUMP COMPANY Cost Proposal — (Con 't) Field Labor Pull Complete Pump Assembly • Mobilize to site and set up crane. • Verity lock out / tag out electrical. • Unwire and pull motor and complete pump assembly. • Load onto truck for transport to GPC shop. • Prep site for video and run water. • Clean and secure site / Demobilize. Mobilization & Demobilization 40-Ton Crane and Operator Service Truck + Support Truck for Crane Service Truck and (1) pump mechanic Service Truck and (1) electrician Est. 20 Hrs @ $320/Hr. $ Est. 20 Hrs @ $120/Hr. $ Est. 20 Hrs @ $100/Hr Landin Miller City of Newport Beach March 15, 2024 Page -2- 500.00 6,400.00 2,400.00 2,400.00 Est. 20 Hrs @ $160/Hr. $ 3,200.00 $ 14,900.00 Estimated Grand Total $17,956.82 Should you have any questions or need additional information regarding the above summary and associated costs, please do not hesitate to contact us. Thank you for the opportunity to provide a quote for our services and we look forward to working with you on this important project. GENERAL PUMP COMPANY, INC. -14ichae( arcia Michael Garcia VP, Project Management Caitlin @,owe Caitlin Rowe Project Manager D�1AW °0 a Over 65 Years of Water Well & Pump Service 159 N. ACACIA STREET, SAN DIMAS, CALIFORNIA 91773 PHONE: (909) 599-9606 FAX: (909) 599-6238 LICENSE: 496765 INVOICE INVOICE NO. 30199 INVOICE DATE 04/28/2023 CUSTOMER NO. 324 CUSTOMER P.O. VERBAL CONTRACT NO. VERBAL BILL TO: CITY OF NEWPORT BEACH BOX 1768 100 CIVIC CENTER DRIVE JOB NO: 15768 NEWPORT BEACH CA 92660 PROJECT: ZONE 3 BOOSTER 2 ATTN: LANDIN MILLER SALESPERSON: 11409 SALES TAX CODE: 30 TERMS: 30DY DUE DATE: 05/28/2023 Description SHOP LABOR PRESSURE -STEAM CLEAN AND SANDBLAST BASKET STRAINER PRESSURE -STEAM CLEAN BOWL ASSEMBLY, WIRE BRUSH MATING FACES SANDBLAST IMPELLERS, COLLETS, AND BOWL BOLTING MACHINE IMPELLERS FOR NEW SEAL RINGS MACHINE AND INSTALL NEW IMPELLER SEAL RINGS DELIVER IMPELLERS TO BALANCER; LOAD -UP, TRAVE TIME, AND UNLOADING PICK-UP IMPELLERS FROM BALANCER; TRAVEL TIME, LOAD -UP, AND UNLOADING BORE -OUT BOWL CASTINGS TO ACCOMMODATE NEW SEAL RINGS MACHINE NEW BOWL SHAFT AND BRONZE BEARINGS PRESS -OUT OLD BEARINGS FROM BOWLS AND INSTALL NEW ONES ASSEMBLE BOWLS; PREP FOR INSTALLATION STEAM -CLEAN COLUMN PIPE; WIRE BRUSH MATING FACES; PREPARE FOR INSTALLATION SANDBLAST RETAINER, REPLACE RUBBER INSERT ENGINEER AND MACHINE NEW LINE SHAFT DELIVER DISCHARGE HEAD TO MACHINE SHOP; LOAD -UP, TRAVEL TIME, AND UNLOADING PICK-UP DISCHARGE HEAD FROM MACHINE SHOP; TRAVEL TIME, LOAD -UP, AND UNLOADING REBUILD MECHANICAL SEAL HOUSING ENGINEER AND MACHINE NEW HEAD SHAFT PAINT DISCHARGE HEAD TO FINISH, RE -TAP HOLES ASSEMBLE BOOSTER PUMP; TOUCH-UP WITH EPDXY PLUMB AND INSTALL NEW SEAL FLUSH LINES SANDBLAST REUSABLE FASTENERS FOR PUMP INSTALLATION GATHER NECESSARY GASKETS, FITTINGS, AND FASTENERS TO ACCOMMODATE PUMP INSTALLATION Thank you for your prompt payment. GPC S STANDARD TERMS & CONDITIONS APPL YAND ALL INVOICES ARE NET 30 DAYS FROM INVOICE DATE WARRANTYAPPL IES ONL Y TO WORKMANSHIP AND MATERIALS SUPPLIED FOR THIS PROJECT REMIT TO: Genera/ Pump Company 159 N. Acacia Street San Dimas, CA 91773 Amount NON-TAXABLE AMOUNT: 9,779.78 TAXABLE AMOUNT: 10,153.00 SALES TAX: 786.86 INVOICE TOTAL: 20,719.64 RETENTION: 0.00 AMOUNT PAID: 0.00 AMOUNT DUE: 20,719.64 t GEAR INVOICE V MP DATE: NL - 'HT PROJECT: ZONE 3 BOOSTER 2 0vec65Vee fWate Well&Pump Service INVOICE NO Description 82 HOURS @ $93.64/HR MATERIALS MATERIALS TO REBUILD 14" 3-STAGE BOWL ASSEMBLY 1-1/2" 304SS SHAFT COUPLING 1-1/2" 416SS PSQ LINE SHAFT 1-1/2" RETAINER RUBBER INSERT 1-1/2" 416SS PSQ HEAD SHAFT MATERIALS TO REBUILD 1-1/2" SEAL HOUSING MATERIALS TO REBUILD 1-1/2" MECHANICAL SEAL MATERIALS TO REFURBISH 12" DISCHARGE HEAD 1/4" SS TUBING AND FITTINGS FOR FLUSH LINE EPDXY TOUCH-UP KIT 150# NEOPRENE FF BASE GASKET 150# NON-ASB FF DISCHARGE GASKET CONSUMABLES (GREASE, SEALER, SOLVENT, OIL, ETC...) FREIGHT OUTSIDE SERVICES ELECTRONIC / DYNAMIC BALANCE IMPELLERS MECHANICAL SEAL REPAIR - LABOR REMACHINE DISCHARGE HEAD FACES AND REGISTERS PARALLEL AND CONCENTRIC 04/28/2023 30199 Amount 7,678.48 5,127.00 92.00 338.00 22.00 1,428.00 189.00 1,640.00 240.00 87.00 173.00 67.00 34.00 236.00 480.00 701.40 327.90 1,072.00 Page 2 of 2 d E aQ R A L 159 N. ACACIA STREET * SAN DIMAS, CA 91773 PUMP MP PHONE: (909) 599-9606 * FAX: (909) 599-6238 �OPANY CAMARILLO, CA 93010 * PHONE: (805) 482-1215 www.genpump.com WELL & PUMP SERVICE SINCE 1952 Lic. #496765 Serving Southern California and Central Coast September 16, 2020 Via Email City of Newport Beach 100 Civic Center Dr. Newport Beach, California 92660 Attn: Landin Miller Subject. 161h St. Booster Station Pump 2 General Pump Company is pleased to submit the following proposal for your referenced booster. The above referenced well equipment was recently disassembled and inspected. Listed below is a summary of our findings along with associated repair recommendations and costs. Please note, the overall condition and scope of necessary repairs is similar to that of Pump #1. Enzineerinz Inspection • Basket Strainer — fair condition, not equipped with vortex suppressor referenced on manufacturer as built • Bowl Assembly — Suction centering ring is in good condition. Bowl assembly is in fair condition. Hydraulic impeller and intermediate bowl bearings are worn. First stage impeller inlet indicates possible low NPSH. Impeller vanes are thin and worn. Pump was built using Peerless "Group A" construction, which includes neoprene rubber bowl lateral wear rings / risers, and combination rubber / bronze intermediate bowl bearings. Slight wear noted on impeller seal ring end. Bowl shaft is worn in the bowl bearing journals. Bowl shaft coupling was galled and cut for pump disassembly. • Column Assembly - Column pipe and line shafts are in good condition. Line shafts are equipped with 304SS sleeves. Line shaft sleeves are worn from the column retainer inserts. Retainers are in overall good condition, but require new rubber inserts. • Head / Motor Assembly — Lower head shaft is heavily pitted and worn throughout, with significant wear noted in the mechanical seal box area and grooving noted at the location of the mechanical seat o -ring journal. Mechanical seal box is in good condition. Seal box bearing is worn and requires replacement. Solid shaft motor coupling assembly appears to be in good condition. Discharge head is in good condition. Discharge head screen guards, mechanical seal flush lines, and vertical solid shaft motor were removed prior to site arrival and are unavailable for inspection. The discharge head spacer plate also remains onsite and is unavailable for inspection. Repairs to these items are therefore not included and shall be quoted under separate cover if needed. d GENNSRAL PUMP COMPANY Recommendation: City of Newport Beach September 16, 2020 Page -2- Overall, the condition of the pump is good and can be rebuilt. The scope of work to repair this pump is similar to Pump #I previously completed in March 2020. GPC recommends the following repairs: • Basket Strainer — Fabricate stainless steel vortex suppression vanes to promote entrance laminar flow conditions and reduce vortexing / turbulence • Bowl Assembly — Remove all rubber wear surfaces. Machine, polish and balance new bowl shaft Remanufacture pump to Peerless "Group B" construction specifications and install bronze intermediate bowl lateral and hydraulic wear rings and bronze bowl sleeve bearings to meet manufacturer clearances. • Column Assembly - Clean & polish line shafts and line shaft sleeves. Pressure wash & clean flanged column pipe. Replace column shaft retainer rubber bushings. • Remove and replace mechanical seal box bronze sleeve bearing. Refurbish / recondition mechanical seal box assembly. Remove shaft sleeve from existing lower head shaft. Machine, polish and balance new lower head shaft. Pressure wash discharge head, wire wheelbase flange. Set up, indicate and inspect solid shaft motor coupling assembly for total indicated readout (T.I.R), repair if needed. Touch up coating and paint. All quoted labor rates are portal to portal. Cost Shop Labor • Disassemble column assembly from discharge head, handing 2 Hrs. • Pressure wash column assembly, prep for disassembly, handling 2 Hrs. • Disassemble flanged column and shaft assembly, handling 8 Hrs. • Disassemble pump bowls & inspect 8 Hrs. • Pressure wash pump suction basket strainer, clean brackets & fasteners 1 Hrs. • Cut, fabricate, weld in 316 S.S. vortex suppressor vanes into customer suction strainer 4 Hrs. • Sandblast, wire wheel, clean & prep suction vessel centering bracket 1 Hrs. • Pressure wash suction & intermediate bowls, prep surfaces for machining, handling 2 Hrs. • Heat, quench & remove suction bell bronze sleeve bearing 1 Hrs. • Set-up, indicate and machine out existing suction bell bronze hydraulic wear ring 2 Hrs. • Remove suction bell neoprene rubber suction bell lateral wear ring 1 Hrs. • Set up, indicate & machine suction bell for bronze hydraulic wear rings & lateral riser 2 Hrs. • Machine bronze suction bell hydraulic wear ring & bronze lateral riser 2 Hrs. • Remove intermediate bowls bronze sleeve bearings & neoprene rubber bowl bearings 3 Hrs. • Set-up, indicate and machine out existing intermediate bowl bronze hydraulic wear rings 4 Hrs. d GEHBRAL City of Newport Beach PUMP Mp September 16, 2020 COMPANY Page -3- Shop Labor (Continued) • Remove intermediate bowl rubber bowl lateral wear rings, handling 2 Hrs. • Set up & machine intermediate bowls for hydraulic wear rings 4 Hrs. • Machine bronze intermediate bowls hydraulic wear rings & bronze lateral risers 4 Hrs. • Sandblast impellers, clean & hone taper lock collet bore, handling 3 Hrs. • Grind, back file & repair first stage impeller inlet vanes 3 Hrs. • Set up, indicate & machine impeller hydraulic seal ring surface to nominal size 3 Hrs. • Install suction bell bronze sleeve bearing 1 Hrs. • Install suction bell bronze lateral riser & wear ring 1 Hrs. • Install intermediate bowl bronze sleeve bearings, handling 3 Hrs. • Install intermediate bowl bronze lateral risers & wear rings, handling 3 Hrs. • Clean & prep pump bowls, impeller taper lock collets, fasteners & components for assembly 1 Hrs. • Machine new bowl shaft, straighten, indicate, and thread one end 6 Hrs. • Assemble pump bowl 6 Hrs. • Pressure wash nine (9) flanged column pipes, wire wheel & clean pipe registers, handling 10 Hrs. • Sandblast & clean column pipe shaft bearing retainers, remove & replace rubber bushings 8 Hrs. • Set-up, machine polish & balance five (5) line shafts & shaft sleeves 5 Hrs. • Assemble pump bowl assembly to first column, prep for installation 2 Hrs. • Remove shaft sleeve from existing lower head shaft 1 Hrs. • Machine new lower head shaft, straighten, indicate, key seat, and thread both ends 8 Hrs. • Install shaft sleeve onto new lower head shaft, polish and balance lower head shaft 2 Hrs. • Clean column to column S.S. fasteners & hardware 2 Hrs. • Assemble column, column bearing retainers & shafts into 20 ft sections, prep for install 14 Hrs. • Clean & refurbish mechanical seal box, clean register & seal seat & bore, handling 3 Hrs. • Remove & replace mechanical seal box bronze sleeve throttle bearing, clean fasteners 1 Hrs. • Prep seal box, gaskets & fasteners for installation 1 Hrs. • Set-up, indicate & inspect motor drive solid shaft coupling assembly, record tolerances 2 Hrs. • Machine & repair solid shaft coupling registers as / if needed, record tolerances 10 Hrs. • Pressure wash discharge head, wire wheel & clean seal box register 2 Hrs. • Wire wheel & clean discharge head base flange, handling 2 Hrs. • Clean base fasteners & hardware 1 Hrs. • Transport impellers to balancer & Pickup 2 Hrs. • Load pump and secure load 4 Hrs. Est. 163 Hrs. @ $90/Hr. 14,670.00 d GEHBRAL City of Newport Beach PUMP Mp September 16, 2020 COMPANY Page -4- Materials • Basket strainer 316 Stainless Steel suction vortex suppressor vanes $ 194.00 • Suction bell bronze sleeve bearing 179.00 • Suction bell bronze lateral wear ring 238.00 • Suction bell bronze hydraulic wear ring 399.00 • Intermediate bowl bronze sleeve bearing 647.00 • Intermediate bowl lateral wear ring 688.00 • Intermediate bowl hydraulic wear ring 1,160.00 • Pump bowl shaft 416 S.S. pump shaft quality (PSQ) 784.00 • Bowl shaft coupling 416 S.S. 72.00 • Column shaft retainer rubber bushing 299.00 • Line shaft coupling 416 S.S. 288.00 • Lower head shaft 416 S.S. PSQ 840.00 • Seal box ring gasket 12.00 • Mechanical seal box bronze sleeve bearing 178.00 • 30" 150# 1/8" Tk neoprene base gasket 494.00 • 12" 300# Nut, bolt & full -face gasket kit w/ GR5 zinc plated fasteners & hardware 167.00 • 3M Co. Scotchkote 323 2 -part liquid epoxy touch up kit 172.00 • Misc. consumables, assembly lube, solvents, Permatex sealant, paint, etc. 190.00 • Shipping & Handling 340.00 • Sales Tax @ 7.75% 568.93 7,909.93 Field Labor, Pull (Completed 8/24) • Mob & Demob to jobsite • 1 Man & 40 -Ton Crane — 6.5 Hrs. @ $320/Hr • 1 Man & Service Support Rig for 40-T Crane — 6.5 Hrs. @ $120/Hr. • Pump Mechanic — 6.5 Hrs. @ $100/Hr. 3,510.00 Field Labor, Install & Startup* Day 1 — Pump Installation • Mob & Demob to jobsite • 1 Man & 40 -Ton Crane — 8 Hrs. @ $320/Hr. • 1 Man & Service Support Rig for 40-T Crane — 8 Hrs. @ $120/11r. • Service Truck & Electrician — 8 Hrs. @ $160/Hr. Dav 2 — Comnlete Pumn Installation. Tie into Existing Discharge • Service Truck & Electrician — 8 Hrs. @ $160/Hr. • Pump Mechanic — 8 Hrs. @ 100/Hr. Note: Electrical connection to be performed by Customer, notify GPC when available for startup Day 3 — Startup Activities 0 Pump Mechanic— 6 Hrs. @ 100/Hr. Est. 7,480.00 d GEHBRAL City of Newport Beach PUMP Mp September 16, 2020 COMPANY Page -5- Actual cost will be billed per our contract rates and actual hours needed. Estimated hours based on adjusted hours completed for installation of Pump #1. Outside Services Mechanical seal repair 755.00 Electronic / dynamic balance impellers for service @ 1780 rpm 688.00 Field Balance of Motor (if needed)** 1,750.00 3,193.00 **Note: Unbalance is a common fault condition occurring in vertical pumps. It is good practice to field - balance and assess your pump & motor for vibration issues after installations or overhauls. Minimizing vibration will increase the lifespan and reliability of your equipment. A field balance assessment can identify and resolve operational issues such as unbalance, misalignment, and resonance. A vibration report is also provided with this service. Total Labor & Materials $ 36, 762.93 If you have any questions or need additional information regarding the above, please do not hesitate to contact us. Thank you. Sincerely, GENERAL PUMP COMPANY, INC. (Dame(Pichardo Daniel Pichardo, EIT Project Engineer Reply QRepIyAIl [-jForward Thu 9/17R@0 130 PIM Miller, Landin RE: Newport Beach 16th Street Station, Pump #2 To 'Daniel enhance aThis message was sent with High importance. O16th St BAR P2 Qte 091620.pdf 172KB Hello Daniel, I have review the attached quote and would like to proceed forward on the repair for the 161° booster pump #2. Please let me know if you need anything else. Thankyou, Landin Miller Acting Water Production Supervisor City of Newport Beach / Utilities Department 949 W. 16th St. Newport Beach, CA 92663 Office 949-718-3422 Fax 949-723-3526 Lmillerpnewnortbeachca.eov From: Daniel Pichardo <doichardo0genoumo.mm> Sent: Wednesday, September 16, 2020 4:00 PM To: Miller, Landin <LMiller(anewourtbeachca.gov> Subject: RE: Newport Beach 16th Street Station, Pump #2 ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT WITH GENERAL PUMP COMPANY, INC. FOR WATER WELL AND WATER PUMP STATION MAINTENANCE THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 24th day of September, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GENERAL PUMP COMPANY, INC., a California corporation ("Contractor"), whose address is 159 North Acacia Street, San Dimas, California 91773, 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 desires to engage Contractor to perform on-call maintenance and/or repair services for City ("Project"). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified 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 Effective Date, and shall terminate on September 23, 2024, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, 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: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 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 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 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 within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) 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. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section, the Letter Proposal, and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Two Hundred Fifty Thousand Dollars and 00/100 ($250,000.00), without prior written amendment to the Agreement. General Pump Company, Inc. Page 2 4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI -U)", for the Los Angeles - Riverside -Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment, whichever is less. 4.3 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services 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) calendar days after approval of the monthly invoice by City staff. 4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved in writing in advance by City. 4.5 Contractor shall not receive any compensation for Extra Work performed 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 Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B and the Letter Proposal. 5. PROJECT MANAGER 5.1 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 General Pump Company, Inc. Page 3 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. 5.2 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. City's Utilities Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to 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. 8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the 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 and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws and legally recognized professional standards. 8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 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, 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. General Pump Company, Inc. Page 4 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and all officers, employees and representatives thereof and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement (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, attorneys' 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 breach of the terms and conditions of this Agreement, 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). 9.4 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 attorneys' 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 Contractor. 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. General Pump Company, Inc. Page 5 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 10. 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. No civil service status or other right of employment shall accrue to Contractor or its employees. 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 of the Work 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. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. 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. 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. 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 or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. General Pump Company, Inc. Page 6 15. BONDING 15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein by this reference. 15.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 15.3 Contractor shall deliver, concurrently with City's approval of any Letter Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 16. PREVAILING WAGES 16.1 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 seq.), 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. 16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently General Pump Company, Inc. Page 7 registered and qualified to perform public work. Contractor further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. 17. 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. 18. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any 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. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and 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. 19. 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 prior written request. 20. 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 expressly authorizes in writing the release of information. General Pump Company, Inc. Page 8 21. RECORDS Contractor shall keep records and invoices in connection with the Services 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 of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices 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 to Contractor under this Agreement. 22. WITHHOLDINGS City may withhold payment to Contractor 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/her 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. 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 24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate 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. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, 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 General Pump Company, Inc. Page 9 business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Utilities Manager Utilities Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Michael Bodart General Pump Company, Inc. 159 North Acacia Street San Dimas, CA 91773 26. CLAIMS 26.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 26.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 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 General Pump Company, Inc. Page 10 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, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than 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, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. LABOR 28.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.). 28.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 28.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 29. STANDARD PROVISIONS 29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 29.2 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, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. General Pump Company, Inc. Page 11 29.3 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, covenant or condition contained herein, whether of the same or a different character. 29.4 Integrated 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. 29.5 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. 29.6 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 party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 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. 29.8 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. 29.9 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, State of California. 29.10 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, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] General Pump Company, Inc. Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal co r oration Date:?i0 Date: .�� By: By: ` fp f Aaron C. Harp U►M dllo4 Diane 13. Dixon City Attorney Mayor ATTEST: CONTRACTOR: General Pump Date: /9.1, %q Company, Inc., a California corporation Date: c Leilani I. Brown iNe_l Bodart City Clerk President/Treasurer Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Date Secretary [END OF SIGNATURES] Scope of Services Schedule of Billing Rates Insurance Requirements Labor and Materials Payment Bond Faithful Performance Bond General Pump Company, Inc. Page 13 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR RESPONSIBILITIES Contractor shall furnish all labor, equipment, materials and supervision to provide maintenance services related to the City's water wells and pump stations. 2. DESCRIPTION OF PROJECT 2.1 This project is to provide maintenance and repair services for the City's four (4) water wells, four (4) well pumps, and twenty four (24) water booster pumps on an on-call, as -needed, time -and -material basis. Any and all performance pursuant to this Agreement shall be on an "on-call" or "as -needed" basis and any tasking shall be initiated solely by the City. 2.2 Contractor shall mobilize in less than seventy two (72) hours and perform work once requested by the City. 2.3 Some pump maintenance and repair services may include, but are not limited to, removal, inspection, repair, replacement, and installation, of well pumps and booster pumps, and the furnishing of parts and labor in conjunction with such work. 2.4 Contractor shall conduct maintenance to potable water wells including, but not limited to, well columns, base plates, level transmitters, and water lube assemblies. 2.5 City may ask Contractor to submit an annual preventive maintenance schedule, including work to be performed, for the City's four (4) wells, well pumps and twenty four (24) water booster pumps. 2.6 The City has a contract with a motor maintenance and repair company. All motor work shall be performed under this existing contract. No motor maintenance or repair work is included in this Scope of Services and shall not be performed under this Agreement. 2.7 Contractor is a licensed (C-57) Well Drilling Contractor in the State of California General Pump Company, Inc. Page A-1 3. SCOPE OF WORK 3.1 Contractor shall furnish all material, labor, equipment, and supervision to perform the maintenance and repair as requested by the City. Contractor shall perform such work in a thorough and professional manner. 3.2 The City's water system consists of four (4) well pumps and twenty four (24) water booster pumps. Pump manufacturers include: Peerless, Johnson, Goulds, Ingersoll -Dresser, and Grundfus pumps. The pumps range in length of three (3) feet to 279 feet. The pumps' pumping capacities range from 500 gallons per minute (GPM) to 3,200 GPM. All pumps are water lubricated. Contractor shall perform maintenance and repairs to these pumps, as - needed, with the same components. Equivalent components shall not be accepted, would exclude the Contractor from working on the pumps, and would constitute a breach of the Agreement, leading to termination. The City shall contact the Contractor when a problem with a pump occurs. If on-site repairs are not possible, the Contractor and City shall make a determination if the pump needs to be removed and sent to the Contractor's shop for inspection. From this inspection, Contractor shall present to the City a Letter Proposal for parts and labor to make repairs. Any replacement parts or materials shall be noted for approval by the City. All work sent out for outside service to a third party shall also be noted in the Letter Proposal. Contractor shall submit this Letter Proposal in writing to the Utilities Manager or his/her designee. If the City agrees with the terms of the proposal, the City will then issue a Notice to Proceed (NTP) in writing for repairs to be made. No repairs shall be made until this NTP is issued to the Contractor. 3.3 The City's four (4) wells are located in Fountain Valley, California. Maintenance required of these wells is considered to be more preventive than corrective. Contractor shall perform vibration analysis testing, efficiency testing, dynamic video monitoring (DVM) and spinner logging. Contractor shall analyze the data from these tests to make recommendations to the City on well maintenance and repairs to be performed. These recommendations shall be presented to the City in an official report detailing the findings. The recommendations from the Contractor for repairs to wells does not guarantee that the work will be performed, or said Contractor will be chosen to perform the work recommended. 3.4 Should the City require the Contractor to perform scheduled preventive maintenance of the water wells, pumps and/or booster pumps, the Contractor shall submit to City a schedule outlining the maintenance to be performed, when each well and pump will receive maintenance, and the length of time needed to complete the maintenance. The type of maintenance work to be performed as part of the scheduled preventive maintenance shall be discussed with the City and then communicated in writing to the Contractor prior to any scheduled preventive maintenance occurring. Contractor shall provide a cost estimate to the City prior to conducting the agreed upon General Pump Company, Inc. Page A-2 services and receive approval from the City. 4. LEVEL OF MAINTENANCE 4.1 All work shall be performed in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance and repair of the wells and pumps. 4.2 If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the Contractor(s) and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that day, week, or month. Payment shall be retained for work not performed until such time as the work is performed to City standard. 4.3 The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. 4.4 All work and general conditions shall be performed in accordance with the current Standard Specifications for Cal -OSHA, Public Works Construction (Green Book), the State Water Resources Control Board Health Guidelines, and the American Water Works Association (AWWA) Standards. 5. WORKMANSHIP AND SUPERVISION 5.1 Unless otherwise stated, Contractor shall be responsible to provide all labor and materials to allow for successful Project completion. 5.2 The City may choose to reimburse the Contractor for materials that need to be procured. These instances shall be analyzed on a case-by-case basis and reimbursement for materials will need to be agreed upon in the Contractor's Letter Proposal prior to the commencement of work. 5.3 Receipts shall be required for reimbursements for materials purchased for projects. City reserves the right to specify what type of material and/or equipment will be purchased per project. All equipment and material purchases shall be preapproved by the Utilities Manager, or his/her designee. Contractor shall charge the actual cost of materials to the City plus 5% for General Pump Company, Inc. Page A-3 overhead costs associated with procurement of materials. The City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises the option to purchase the materials, the following conditions shall apply: • Contractor shall conform to all City practices and procedures. • All City purchases will be for the sole expressed use of and for the City. • Contractor shall secure, store, inventory, distribute and control all materials entrusted to the Contractor's representatives. • All materials and inventories shall be made available to the City upon request. Contractor shall reduce the unit cost for each maintenance task by the City's actual cost for the materials provided and used. 5.4 Contractor represents and warrants to the City that he/she has, and will keep in effect at all times during the term of a contract with the City, all licenses, permits, professional qualifications, and approvals of whatever nature that are legally required to practice his/her trade. 5.5 Contactor shall maintain all work sites free of hazards to persons and/or property resulting from the Contractor's operations. Any hazardous condition noted by the Contractor, which is not a result of the Contractor's operations, shall be immediately reported to the City. 5.6 Contractor shall be responsible for removing and cleaning any and all debris that occurs as a result of its operations as a result of services requested in this scope of work. 5.7 All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The Utilities Manager, or his/her designee reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 5.8 The supervisor or person in charge and on site of any City project shall have a smart phone capable of email. 5.9 At all times, the Contractor shall ensure at least one (1) English-speaking person is on site of any City assigned project. General Pump Company, Inc. Page A-4 6. WORKING HOURS 6.1 Normal working hours shall be between the hours of 7:00 a.m. and 4:30 p.m. Monday through Thursday and 7:00 a.m. to 3:30 p.m. Friday. Work at the well sites is limited from 8:30 a.m. to 4:30 p.m. Monday through Thursday; and 8:30 a.m. to 3:30 p.m., Friday. 6.2 Contractor is subject to being contacted twenty four (24) hours a day, seven (7) days a week, 365 days a year to make emergency repairs to the City's water wells and pumps. Contractor shall provide the Utilities Manager with names and telephone numbers of at least two (2) qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present in the City of Newport Beach. These representatives for the Contractor shall respond to said emergency within two (2) hours from receiving notification. Contractor shall promptly notify the Utilities Manager should any updates occur to this contact information. 7. CONTRACTOR'S OFFICE 7.1 Contractor shall maintain an office within a two (2) hour response time of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by cellular phone, radio or pager. Contractor shall respond to our request within two (2) hours and must be able to mobilize within 72 hours to all emergencies. Contractor will have full responsibility for maintaining an office and a yard as needed for equipment, vehicle, and material storage. 7.2 Unless otherwise specified by the Utilities Manager (Project Administrator) or his/her designee, there will be no on-site storage of equipment or materials on City property or at the well sites. Contractor shall have full responsibility for maintaining an office and a storage facility. 8. EQUIPMENT All vehicles and equipment used in conjunction with the work shall be maintained in a neat, clean, orderly manner and shall be in good working order. The Utilities Manager, or his/her designee, may reject any vehicle or piece of equipment and order it removed. 9. STREET CLOSURES, DETOURS, BARRICADES 9.1 Warning signs, lights, and devices shall be installed and displayed in conformity with the current edition of the "California Manual on Uniform Traffic Control Devices" (http://www.dot.ca.gov/hq/traffops/signtech/mutcdsupp/) for use in General Pump Company, Inc. Page A-5 performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff. 9.2 If the Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment orinvoice. 9.3 Beacon lighting visible from behind the vehicle will be installed on vehicles working along City streets. 10. PERMITS 10.1 When work is performed at the Dolphin Well site, a permit and traffic control plan must be submitted to the City of Fountain Valley. 10.2 At the City's Tamura Well site, a permit must be obtained from the City of Fountain Valley. Contractor shall provide a work schedule to the City 72 hours prior to work being conducted at this site. 10.3 The Contractor(s) is responsible for obtaining permits where required by federal, state or local laws as it pertains to the work being conducted. 11. PROJECT ADMINISTRATION 11.1 For all service requests, Contractor shall follow the protocol established in this Agreement in regards to service deployment, including issuing Letter Proposals for each request and not commencing work until authorized by the Utilities Manager, or his/her designee. Any and all services performed for the City shall be charged at the rates indicated in this Agreement. 11.2 This Agreement does not guarantee or imply any specific quantity of work over the Term. When the need for services arises, the City shall request in writing, the necessary maintenance repair services required in adequate detail. Contractor shall then 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 detailed description of the services to be provided by the Contractor; • A detailed description of the services to be provided by an outside agency other than the Contractor; • A detailed description of any replacement parts or materials; • The estimated number of hours and cost to complete the services; and • A work schedule that includes the completion date for the project. General Pump Company, Inc. Page A-6 11.3 City shall assess the Letter Proposal to ensure that services and costs proposed are commensurate with those provided in this Agreement. No Services shall be provided until the City has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal. 11.4 Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 11.5 Contractor shall meet at least once per year of the Agreement with the Utilities Manager (Project Administrator) for a performance review and assessment of the quality of work performed. 12. UNDERGROUND EXCAVATIONS Contractor shall be responsible for locating all underground utility lines to insure the safety of his/her work crew and to protect, in place, existing utility equipment before commencing any excavation. Contractor shall contact the Utilities Manager (Project Administrator) or his/her designee and Underground Service Alert (www.di.galert.org) (1- 800-227-2600) forty-eight (48) hours before commencing any excavation, to locate underground service lines. 13. RESPONSIBILITY FOR DAMAGES OR INJURY 13.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor or its subcontractors, or its workers, or anyone employed by either of them. 13.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. General Pump Company, Inc. Page A-7 EXHIBIT B SCHEDULE OF BILLING RATES Pulling & Installation Description Rate After-Hours/Emergency Hourly Rate* Mobilization and demobilization $ 500 Lump Sum $ 600 Lump Sum Two (2) men, rig and service truck $ 220 /hour $ 310 /hour Two (2) man crew and pump pulling rig $ 210 /hour $ 300 /hour Three (3) man crew and standard pump pulling rig $ 325 /hour $ 425 /hour Each additional employee $ 50 /hour $ 75 /hour Crane Description Rate After-Hours/Emergency Hourly Rate* 40 ton with one (1) man $ 320 /hour $ 360 /hour One (1) man crew, Service support rig for 40 -ton crane $ 120 /hour $ 160 /hour Rotary Crane Description Rate After-Hours/Emergency Hourly Rate* One (1) man and hydraulic crane - 5 ton $ 80 /hour $ 90 /hour One (1) man and hydraulic crane - 8 ton $ 80 /hour $ 90 /hour One (1) man and rotary crane - 10 ton $ 85 /hour $ 95 /hour One (1) man and rotary crane -17 ton $ 160 /hour $ 200 /hour Rotary crane -17 ton and 2 -man Crew $ 200 /hour $ 250 /hour General Pump Company, Inc. Page B-1 Field Service Description Rate After-Hours/Emergency Hourly Rate* One (1) man and delivery truck $ 25 /hour $ 35 /hour One (1) man and service truck $ 40 /hour $ 50 /hour Two (2) men and service truck $ 80 /hour $ 100 /hour Two (2) men and welding truck $ 85 /hour $ 105 /hour Two (2) man crew and combination rig $ 250 /hour $ 340 /hour Flatbed Truck and driver $ 40 /hour $ 50 /hour Service truck and one (1) pump mechanic $ 100 /hour $ 130 /hour Service truck and one (1) electrician $ 160 /hour $ 205 /hour Service truck and one (1) general services I $ 40 /hour $ 50 /hour Service truck and one (1) pump mechanic and one (1) assistant $ 140 /hour $ 170 /hour Shop Labor Description Rate After-Hours/Emergency Hourly Rate* Shop labor -pump mechanic $ 90 /hour $ 100 /hour Shop labor -machinist $ 90 /hour $ 100 /hour Shop labor -welder $ 90 /hour $ 100 /hour Metal spray labor $ 60 /hour $ 70 /hour Miscellaneous Description Rate After-Hours/Emergency Hourly Rate* Dynamic video with Engineering or Hydrogeology support $1 500 Lump Sum $1,500 Lump Sum Spinner Logs $3,500 Lump Sum $ 3,500 $ 1,400 Lump Sum Lump Sum Dynamic video with mini camera $1,400 Lump Sum Video log -color with downhole and side- scan $1,200 Lump Sum p $ 1,200 Lump Sum p General Pump Company, Inc. Page B-2 Engineering and Hydrogeology support $ 20 /hour $ 20 /hour NPDESCompliance(Bakertanks, $5,000 Lump Sum $5,000 `Lump Sum neutralizer equipment, lab fees, fabrication) Hourly Minimum (if applicable) * After Hours Rate and Emergency Hourly Rate shall be any time outside of the normal business hours of Monday through Thursday, 7:00 a.m. to 4:30 p.m., and Friday 7:00 a.m. to 3:30 p.m. *Maximum 5% overhead cap for all materials purchased. Project Administrator reserves the right to request that all original receipts of materials be turned in with invoices before Contractor ispaid. General Pump Company, Inc. Page B-3 EXHIBIT C INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES 1. Provision of 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. 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 California, 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 City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 General Pump Company, Inc. Page C-1 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Pollution Liability Insurance. If required, Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than one million dollars ($1,000,000) per loss and two million dollars ($2,000,000) in the aggregate per policy period. Claims - made policies require a 5 -year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services General Pump Company, Inc. Page C-2 contemplated by this Agreement shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20380413. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. General Pump Company, Inc. Page C-3 E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's 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. General Pump Company, Inc. Page C-4 Subject: FW: City of Newport Beach: Notice of Waiver for General Pump Importance: High From: EXIGIS RiskWorks <notifications@riskworks.com> Sent: Monday, December 09, 2019 7:38 AM To: Rosenbaum, Joshua <irose nbaum@newportbeachca.gov> Cc: Ackerman, Joan <iackerman@newportbeachca.gov> Subject: City of Newport Beach: Notice of Waiver for General Pump Dear Business Partner, City of Newport Beach has completed its review of the insurance documentation submitted on behalf of General Pump and has waived its standard insurance requirements. The following comments were provided: Evaluation waived by reviewer No further action is required at this time. You will receive a renewal notice requesting the submission of updated insurance documentation in advance of expiration. If you have any questions, please contact EXIGIS Risk Management Services at support@exigis.com or 800-430-1589. Thank you for your cooperation and timely fulfillment of this important request. Sincerely, EXIGIS Risk Management Services On behalf of City of Newport Beach 800-430-1589 support@exigis.com Organizational Unit : City of Newport Beach -> Utilities Department Agreement Name: Well pumps Agreement Number: C-8064-1