HomeMy WebLinkAboutC-3986 - PSA for On-Call Repair and Maintenance of Oil Well Pumping Unit0} 3qt
AMENDMENT NO.2
TO
PROFESSIONAL SERVICES AGREEMENT
WITH LACY OIL TOOL COMPANY FOR ON -CALL
REPAIR AND MAINTENANCE OF OIL WELL PUMPING UNITS
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this 26ch day of January, 2010, by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation ( "CITY "), and LACY OIL TOOL
COMPANY, a California Corporation, whose address is 340 East "D" Street,
Wilmington, California, 90744 ( "CONTRACTOR "), and is made with reference to the
following:
RECITALS:
A. On September 25, 2007, CITY and CONTRACTOR entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT ", for on -call repair
and maintenance of oil well pumping units.
B. CITY and CONTRACTOR have entered into one separate AMENDMENT of the
AGREEMENT, the latest dated February 24, 2009.
C. CITY desires to enter into this AMENDMENT NO. 2 to extend the term of the
AGREEMENT to January 31, 2011.
D. CITY and CONTRACTOR mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 2 ", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to January 31, 2011.
2. COMPENSATION
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 shall be based on the
attached Schedule of Billing Rates (Exhibit A).
3. SERVICES TO BE PERFORMED
Contractor shall perform repair and maintenance services for oil well pumping
units pursuant to this Amendment No. 2 and according to the Request to Extend
On -Call Professional Services Agreement dated December 29, 2009, attached
hereto as (Exhibit B).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2
on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
T L 0
eo 'e Mulvihill,
Assistant City Attorney
ATTEST:
_
By: c �rpmt__
Leilani 13rown,
City Clerk
=(.I FORa
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Keith D. Curry,
Mayor
CONTRACTOR:
LACY OIL TOOL CO.
By:
(Corporate Officer
Title: President
Print Name: Mike Quisenberry
By: e o
(Finan i Offices
Title:—CFO/ Office Manager
Print Name: Dorothy V. Lacy
Attachments: Exhibit A – Schedule of Billing Rates
Exhibit B – Request to Extend On -Call Services Agreement
lzlzolluuy 41:o-) rAA JIU ?J34 U3b9 LACY oii. 'row. co
IX
Lacv Oil Tool Co.
MIAWING UNIT VMIAUS7;
tip 001
EXHIBIT "A'
SERVICE
Lacy Oil Tool Company offers both FIELD SERVICE and SHOP SERVICE to assist you in both Repair and
Maintenance. Our experienced technicians and service trucks are available at any hour.
LABOR
SENIOR FIELD MECHANIC (2 HR, minimum) ............
JUNIOR FIELD MECHANIC (2 HR. MINIMUM) ...........
PLANT REPAIR AND SERVICE .. ...............................
MACHINIST-SHOP OR FIELD (WITH TOOLS) ...........
...................... - ............. ................................. 538.00 /H R.
....................................................................... $36.00/HR.
......................................... — ........................... $90.00/HR.
........................................ .............................. 580.00 /H R.
FULLY EQUIPPED FIELD SERVICE TRUCK WITH PNEUMATIC TOOLS AND H.D.
HYDRAULIC LIFT (2 HR. MINIMUM) .. .......................................................................... ................ $75.00/HR.
AIR COMPRESSOR VffH RELATED TOOLS (2 HR MINII& . ......................................................... $90.00/HR.
WO-TON HYDRAULIC PRESS (2 HR. MINIMUM ............................................................................... $80.00/HR.
PUMPING UNIT LUBRICATION AND INSPECTION REPORT .............................. ............................... S75.00/UNIT
PICK -UP TRUCK WITHOUT DRIVER ...... .................... .................................................................. — 545.00 /H R.
Overtime Labor,
Additional hours regular work days ............................................................................................ Time and One Hat
Saturdays.............................. ............................................................................................ ...... Time and One Halt
After four hours of 11me and one half ..................................... . ........... . ............................................... Double Time
Sundaysand Holidays ........................................................................................................................ Double Time
gmtsift Pumbases, •
Outside Purchases of labor and materials ......................................................................................... Cost Plus 25%
RR -Ordqm*,
Orders Phoned in by 2:00 IPM will be shipped the awne day by common carrier, for delivery to next day.
Problems:
If you towa any problems with your pimping units, please call us. Our staff has many yeen Of 6*ewn0e and
know the answers to most Problems.
12/28/2009 22:25 FAX 310 834 0359 LACY OIL nOl. CO zool.
Lacy Oil Tool Co.
PUMPING UNIT SPECIALISTS
12 -29 -09
City of Newport Beach
Utilities Department
Attn: Cindy Asher
330 Newport Blvd.
Newport Beach, Ca 92658 -8915
Re: Amendment to Professional Services Agreement
Dear Ms. Asher
E%IIIBIT'B"
/ $
r
Lacy Oil Tool Co. is requesting to extend the Professional Services Agreement for
another year to commence on 2 -1 -2010. Rate sheet is attached.
Nh Qtu nberry, President
Lacy Oil Tool Co.
310- 505 -2611 C
310 - 549 -3240 W
r--'-mail: i)ol u r agLci >(n
316 Fact D Shed / Mail: P.O. Box 695, Wilmingtm, Cali(omis 90748 / (310) 549.3240
AY THE CI t _ i
CITY OF NEWPORT BEACHI !�' `' 6 7610
CITY COUNCIL STAFF REPORT
Agenda Item No. 1 I
January 26, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Utilities Department
Cindy Asher, Administrative Manager
644 -3010 or casher(a)newportbeachca.gov
SUBJECT: AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT
WITH LACY OIL TOOL CO. FOR REPAIR AND MAINTENANCE OF OIL
WELL PUMPING UNITS
ISSUE:
Should the City Council approve an amendment to the Professional Services
Agreement with Lacy Oil Tool Co., (LOTC) to extend the contract term to provide on -call
services for the repair and maintenance of oil well pumping?
RECOMMENDATION:
Approve Amendment No. 2 to Professional Services Agreement (PSA) with Lacy Oil
Tool Co. for on -call repair and maintenance services for oil well pumping units and
authorize the Mayor and City Clerk to execute the Amendment.
DISCUSSION:
Background:
On September 25, 2007, the City Council approved a PSA with Lacy Oil Tool Co.
(LOTC) to provide on -call repair and maintenance services for oil well pumping units.
On February 24, 2009, the City Council approved Amendment No. 1 to the PSA with
Lacy Oil Tool Company and the term was extended to January 31, 2010.
The scope of work for the amended on -call PSA includes the following services: repair
of oil and gas casing, tubing, sucker rods and down hole oil production pumps at the
City's Oil Field. Lacy Oil Tool Company has provided a high quality of repair and
maintenance service for the City over the last few years. This past year Lacy Oil Tool
Company has made repairs to Wells No. 1, 2, 3, 6, 7, 8, 9, 13, 14, and 15 and
performed maintenance on 14 of the wells at the City's Oil Fields.
r •
Repair and Maintenance of Oil Well Pumping Units
- Approval Amendment No. 2 to Professional Services Agreement
January 26, 2010
Page 2
The Amendment No. 2 will extend the term of the Agreement to January 31, 2011.
Rates included in the agreement are competitive and in line with industry standards.
The new fees are unchanged, or are approximately 11% lower than 2009. Please refer
to the attached table for rate comparisons.
Environmental Review:
This action requires no environmental review, as it is not a project pursuant to CEQA.
Funding Availability:
Funding is available in Maintenance and Repair 5400 -8160.
Expenditures more than $30,000 for an individual repair project will require a separate
City Council action in accordance with Policy F -14_
Prepared by:
w*
Cindy Asher, A4 inistrative Manager
Submitted by:
i
eor a Mu doch, Utilities Director
Attachments: Agreement with Lacy Oil Tool Company
r.
LACY OIL TOOL COMPANY
0
1 2009 Hourly
Position Rates 2010 Hourly Rates
Hourly Rate
Increase
Senior Field Mechanic
$38
$38 $0
Junior Field Mechanic
$36
$36 $0
$90 $0
Plant Repair and Service
$90
Machinist -Shop or Field (with tools)
$90
$80 -$10
2009 Hourly Hourly Rate
Equipment Rates 2010 Hourly Rates Increase
Fully Equipped Field Service Truck w/
Pneumatic Tools and H.D. Hydraulic Lift $75 $75 $0
Air Compressor w /Related Tools $90 $90 $0
500 -Ton Hydraulic Press $80 $80 $0
Pumping Unit Lubrication & Inspection
Pick -up Truck without Driver J $45
Date Amount Expended 1/2009- 12/2009
$75 /unit $0
$45 $0
01/13/09
Re -align and Tighten V -belts - Well #15
$
298.00
01/14/09
Disassemble Lacy 456 Air Balanced Unit & Repair
5,978.51
Walking Bean, Equalizer & Cylinder - Well # 13
$
02/20/09
Repairs to Leaking Wrist Pin - Well # 13
$
1,380.87
02/20/09
Furnish & Install - New Horse head Cable - Well # 15
$
925.46
04/03/09
Lube & Inspect /Minor Repairs to 14 Well Units
$
1,353.04
07/15/09
Weld Repair Lacy 456 Equalizer - Well # 13
$
8,550.88
07/15/09
Repairs to Well # 15
$
298.00
10/07/09
Repair to Pumping Cylinders — Well # 15
$
1,980.62
10/07/09
V -Belt for Vapor Recovery Compressor
$
171.12
10/31/09
Install Sheave & V -belts — Well # 1
$
298.00
10/31/09
Re -seal Gear Box Cover to Stop Oil Leaks — Well # 6
$
447.00
10/31/09
Repair Low Speed Cover Plate — Oil Leak — Well # 8
$
447.00
11/05/09
Lube & Inspect Units — Total of 14 Units
$
1,133.68
11/05/09
Install V -belts & Motor Sheaves— Wells - # 2, 6 & 14
$
1,192.00
11/05/09
Install V -belts & Motor Sheaves— Wells # 7, 8, & 9
1,192.00
and remove motor from Well #3 & Install at Well #7
$
Total
$
25,646.18
1
Ll
•
AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT
WITH LACY OIL TOOL COMPANY FOR ON -CALL
REPAIR AND MAINTENANCE OF OIL WELL PUMPING UNITS
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this 26"' day of January, 2010, by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation ( "CITY "), and LACY OIL TOOL
COMPANY, a California Corporation, whose address is 340 East "D" Street,
Wilmington, California, 90744 ( "CONTRACTOR "), and is made with reference to the
following:
RECITALS:
A. On September 25, 2007, CITY and CONTRACTOR entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT', for on -call repair
and maintenance of oil well pumping units.
B. CITY and CONTRACTOR have entered into one separate AMENDMENT of the
AGREEMENT, the latest dated February 24, 2009.
C. CITY desires to enter into this AMENDMENT NO. 2 to extend the term of the
AGREEMENT to January 31, 2011.
D. CITY and CONTRACTOR mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 2 ", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to January 31, 2011.
2. COMPENSATION
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 shall be based on the
attached Schedule of Billing Rates (Exhibit A).
3. SERVICES TO BE PERFORMED
Contractor shall perform repair and maintenance services for oil well pumping
units pursuant to this Amendment No. 2 and according to the Request to Extend
On -Call Professional Services Agreement dated December 29, 2009, attached
hereto as (Exhibit B).
0 •
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2
on the date first above written.
APPROVED AS TO FORM:
OFFICE OF HE CITY ATTORNEY:
y:
eo a ulvihill,
Assistant City Attorney
ATTEST:
M
Leilani Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
M
Keith D. Curry,
Mayor
CONTRACTOR:
LACY OIL TOOL CO.
:
(Corporate Officer)
Title: President
Print Name: Mike Quisenberry
By:
(Financial Officer)
Title: CFO! Office Manager
Print Name: Dorothy V. Lacy
Attachments. Exhibit A — Schedule of Billing Rates
Exhibit B — Request to Extend On -Call Services Agreement
4, .;jj rAA 31V 0w3178 LAUY OIL "01, Co 10001
EXHIBIT "A"
Lacv Oil Tool Co.
rlU.-AMr- t!-417 NPL4nAttc-16
SE
Lacy OU Tool Company offers both FIELD SERVICE and SHOP SERVICE to assist you in both Repair and
Maintenance. Our experienced technicians and service trucks are available at any hour.
Ed—OWILO-AVIA
LIULLOW
SENIOR FIELD MECHANIC (2 HR. minimum) ................................................................ ................... $38.001HR,
JUNIOR FIELD MECHANIC (2 HR. MINIMUM) ........ ............................... .......... ...................... $36.001HR.
PLANT REPAIR AND SERVICE ......................................................................................................... $90.00/HR.
MACHINIST-SHOP OR FIELD (VffH TOOLS)... ....................... ........................................................ $60.00/W
EQUIPMENT
FULLY EQUIPPED FIELD SERVICE TRUCK WITH PNEUMATIC TOOLS AND H.D.
HYDRAULIC LIFT (2 HR. MINIMUM) .. ........................................................................................... $75.00/HR.
AIR COMPRESSOR WITH RELATED TOOLS (2 HR- MINIMUM) ................................................... ..... $90.00/HR.
WD-TON HYDRAULIC PRESS (2 HR. MINIMUM) ......... ............. I .................................................. * .... $80.00/HR.
PUMPING UNIT LUBRICATION AND INSPECTION REPORT... .......................................................... $75.00/UNIT
PICK-UP TRUCK WITHOUT DRIVER .......................... ............................................................... *** .... $45,001HR.
Overtime Labor
Additional hours regular work days ............................................................................................ Tom and One Hag
Saturdays
.................................................... ....................................... .................................... Time <W One Hag
After four hours of time and one half ..................................... . ............................. ............................... Double Time
Sundaysand Holidays ................................................. ................................ ..................................... Double Time
O_ tOlde Purchases:
Outside Purchases of labor and materials ...... ............ ............................................................ ........ Cost Plus 25%
Rush Orders
Orders Phoned in by 2:00 PM wN be shipped the same day by 0onvnon carrier, for delivery the rKud day.
Problems:
N you have any problems with your pumpkV wits, please cap us. Our SW has many years of e)q3erierro and
know the answers to most problems.
0
I a it RafaKPffanfivat:AhNM ek-,l
834 U359 IACY 011. TOOL CU
Lacy Oil Tool Co.
PUMPING UNIT SPECIALISTS
EXHIBIT IF
l 0
12 -29 -09 ? )
LY
City of Newport Beach
Utilities Department
Attn: Cindy Asher
330 Newport Blvd.
Newport Beach, Ca 92658 -8915
Re: Amendment to Professional Services Agreement
Dear Ms. Asher
Lacy Oil Tool Co. is requesting to extend the Professional Services Agreement for
another year to commence on 2 -1 -2010. Rate sheet is attached.
I fake Qut uberry, President
Lacy Oil Tool Co.
310 - 505 -2611 C
310 -549 -3240 W
F -mail: Gull ig( /laol.cum
336 Fast D Strad / Mail: P.O. Box 695, Wilmington, Califomia 90748 1 (310) 549 -3240
• • "?N
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH LACY OIL TOOL COMPANY FOR ON -CALL
REPAIR AND MAINTENANCE OF OIL WELL PUMPING UNITS
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this 24th day of February, 2009, by and between the CITY OF NEWPORT BEACH,
a municipal corporation, (hereinafter referred to as "City') and LACY OIL TOOL
COMPANY, a California Corporation whose address is 340 East "D" Street, Wilmington,
CA 90744 ( "Contractor"), and is made with reference to the following:
RECITALS
A. On September 25'", 2007, CITY and CONTRACTOR entered into an On-
Call Professional Services Agreement, hereinafter referred to as
"Agreement ", for Repair and Maintenance Services of oil well pumping
units. This Agreement is scheduled to expire on January 3151, 2009.
B. City desires to enter into this Amendment No. 1 to extend the term of the
Agreement to January 31, 2010.
C. City and Contractor mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall perform various repair and maintenance services of oil
well pumping units pursuant to this Amendment No. 1 and according to
the Request to Extend On -Call Services Agreement dated January 12,
2009, attached hereto as Exhibit A.
2. Compensation to the Contractor for services performed pursuant to this
Amendment No. 1 for all work performed from February 1, 2009, to
January 31, 2010, shall be based on the attached Schedule of Billing
Rates (Exhibit B).
3. The term of the Agreement shall be extended to January 31, 2010.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
By:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
CITY OF jNgWPORTj BEACH
A Municiba Corpora}}ion,
Edward Selich,
Mayor
for the City of Newport Beach
ATTEST: LACY OIL TOOL COMPANY
B r / /
r
Y: By: %CCC
Leilani Brown,
City Clerk
Title: President
Print Name: 14'1(Kcf 6014S6h,'Acf,(ZILY
By:
CAI
(Fin"a ialOffic ----'
Title:
Print Name:
Attachment: Exhibit A — Request to Extend On -Call Services Agreement
Exhibit B — Schedule of Billing Rates
01/27/2009 18:23 FAX 310 834 0359 LACY 011, TOOL CO
01/27/2009 TUC 17:20 FAX 949 6465204 City of NB utilitiee
•
EXHIBR
Lacy Oil Tool Co.
January 12, 2009
Ms. Cindy Asher
Administrative Manager
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1788
Newport Beach, CA 92858
Re: On -Call Professional Services Agreement for Oil Wall Repairs
Dear Ms. Asher;
Lary Oil Tool Company Is requesting to extend the On-Call Professional Services
Agreement for another year to commence on February 1, 2009 through January
31, 2010. New rate sheet(s) are attached.
Yours truly,
jQuisent sure.. ce Rete Schedule
336 Hass D ShvM / NWL• P.O. Box 695, Wilmington, CaffbmU 90748 1 (310) 549 -3210 I I
VAf1U VUV in.ua VAn olv OJ4 000a L.A�r uu. uxn. IiAl 4� ..
•
La N- E.til lbal Co.
im _ S,-«,:,::;1
•
EXHIBIT "B"
SERVICE
Lacy Oil Tool Company offers both FIELD SERVICE and SHOP SERVICE to assist you in both Repair and
Maintenance. Our experienced technicians and service trucks are available at any hour.
SERVICE RATE SCHEDULE
LABOR
SENIOR FIELD MECHANIC (2 HR. minimum) ............................................. ....... ..................... ....
........... $38.00 /HR.
JUNIOR FIELD MECHANIC (2 HR. minimum) ....... .............................. ... ......... ............................ ........
.... $36.00 /HR.
PLANT REPAIR AND SERVICE .............................................................................. ...............................
$90.00 /HR.
MACHINIST-SHOP OR FIELD (With Tools) ............................................................. ...............................
$90.00 /HR.
EQUIPMENT
FULLY EQUIPPED FIELD SERVICE TRUCK WITH PNEUMATIC TOOLS AND H.D.
HYDRAULIC LIFT (2 HR. minimum) .. ............. ......... ........................................... ................................
$75.00 /HR.
AIR COMPRESSOR WITH RELATED TOOLS (2 HR. minimum) ............................. ...............................
$90.00 /HR.
500 -TON HYDRAULIC PRESS (2 HR. minimum) ......................... ............ ........................ --- ...............
$80.00 /HR.
PUMPING UNIT LUBRICATION AND INSPECTION REPORT ................................ ...............................
$75.00/UNIT
PICK -UP TRUCK WITHOUT DRIVER... ..................................................................................................
$45.00 /HR.
Overtime Labor:
Additional hours regular work days
....................... ...........................Time and One Half
Saturdays............................................................................. ............................... ........................... Time and One Half
After four hours of time and one half ...... ............................... . ....... ............................... ......................... Double Time
Sundaysand Holidays .............................................................................................. ............................... Double Time
Outside Purchases:
Outside purchases of labor and materials ............................................................. ............................... Cost Plus 25%
Rush Orders:
Orders phoned in by 2:00 PM will be shipped the same day by common carrier, for delivery the next day.
Problems:
If you have any problems with your pumping units, please call us. Our staff has many years of experience and
know the answers to most problems.
All rates are effective until Jan. 31, 2010
ServiceRate sEffecttve0ct2008.doc
0 0
City ct Newport Ue,
LiltiLiti¢S D¢padmiamt
°• u�,. 949 West 16`h Street
Newport Beach, CA 92663
Fax: (949) 646-5204
Date: 1/28/09
To: Mike Quisenberry, President
Company
Sent Via:
From:
Lacy Oil Tool Co.
i i I "i r riri f'I '�
FEB 0 j 2009
® USPS ❑ Fed Ex ❑ Hand Delivery ❑ Fax
Cindv Asher. Admin. Manager /ika
Phone
Number: 949 -644 -3010
Attachments: Professional Services Agreement with Lacy Oil Tool
Company
❑ urgent ❑ For Review ® Please Reply ❑ Please
Recycle
Comments: Please sign and return both copies to my attention by February
12, 2009. Thank you.
0 0
FF)' 9 2'irq
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
February 24, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Utilities Department
George Murdoch, Utilities Director
718 -3401 or gmurdoch (a) city. newaort- beach. ca. us
SUBJECT: OIL WELL PUMPING UNITS REPAIRS - APPROVAL OF AMENDMENT
NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH LACY OIL
TOOL COMPANY
RECOMMENDATION:
Approve Amendment No. 1 with Lacy Oil Tool Company, for on -call repair and
maintenance services for oil well pumping units and authorize the Mayor and City Clerk
to execute the Agreement.
DISCUSSION:
Background:
On September 25, 2007, the City Council approved a Professional Services Agreement
(PSA) with Lacy Oil Tool Company to provide as needed on -call repair and
maintenance of the oil well pumping units.
Amendment No. 1 incorporates a revised rate schedule sheet and extends the term of
the PSA until January 31, 2010. Lacy Oil Tool Company is only one of a few companies
in Southern California that provide repair and maintenance of oil well pumping units. In
the past six months Lacy Oil Tool Company has made repairs to oil well numbers 6, 13,
15, and 16 at the City's Oil Fields.
Environmental Review:
This action requires no environmental review, as it is not a project pursuant to CECtA.
Funding Availability:
Funding is available in Maintenance and Repair 5400 -8160.
• Repair and Maintenance of Oil Well Pumping Units
- Approval Amendment No. 1 to On -Call PSA With Lacy Oil Tool Co.
February 24, 2009
Page 2
Expenditures more than $30,000 for an individual repair project will require a separate
City Council action in accordance with Policy F -14.
Prepared by:
qww�:�Y82
Cindy As dministrative Manager
Submitted by:
G&rurdo`il
ch. Utilities Director
Attachments: Amendment No. 1 With Lacy Oil Tool Company
0 0
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH LACY OIL TOOL COMPANY FOR ON -CALL
REPAIR AND MAINTENANCE OF OIL WELL PUMPING UNITS
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this 24th day of February, 2009, by and between the CITY OF NEWPORT BEACH,
a municipal corporation, (hereinafter referred to as "City ") and LACY OIL TOOL
COMPANY, a California Corporation whose address is 340 East "D" Street, Wilmington,
CA 90744 ( "Contractor"), and is made with reference to the following:
RECITALS
A. On September 25`", 2007, CITY and CONTRACTOR entered into an On-
Call Professional Services Agreement, hereinafter referred to as
"Agreement ", for Repair and Maintenance Services of oil well pumping
units. This Agreement is scheduled to expire on January 313', 2009.
B. City desires to enter into this Amendment No. 1 to extend the term of the
Agreement to January 31, 2010.
C. City and Contractor mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall perform various repair and maintenance services of oil
well pumping units pursuant to this Amendment No. 1 and according to
the Request to Extend On -Call Services Agreement dated January 12,
2009, attached hereto as Exhibit A.
2. Compensation to the Contractor for services performed pursuant to this
Amendment No. 1 for all work performed from February 1, 2009, to
January 31, 2010, shall be based on the attached Schedule of Billing
Rates (Exhibit B).
3. The term of the Agreement shall be extended to January 31, 2010.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
By:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
0
Leilani Brown,
City Clerk
40
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Edward Selich,
Mayor
for the City of Newport Beach
LACY OIL TOOL COMPANY
M
Title: President
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachment: Exhibit A — Request to Extend On -Call Services Agreement
Exhibit B — Schedule of Billing Rates
01/27/2009 TUB 17:20 PAE 94965204 City of N8 Utilities •
i
EXHIBIT "Ap
Lacy Oil Tool Co.
January 12, 2009
Ms. Cindy Asher
Administrative Manager
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658
Re: On -Call Professional Services Agreement for Oil Well Repairs
Dear k4s. Asher.
Lacy Oil Tool Company is requesting to extend the OA� Call Professional Services
Agreement for another year to commence on February 1, 2009 through January
31, 2010. New rate sheet(s) are attached.
Yours truly,
Mik Quisen fry
P M
En os re.
Service Rate Schedule
336 Had D Speer / MdL' P.O. BOX 695, WUmkBj. Coff=ja 9074g / (310) 549 -3240
EXHIBIT "B"
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Lacy Oil tool co.
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Lacy Oil Tool Company offers both FIELD SERVICE and SHOP SERVICE to assist you in both Repair and
Maintenance. Our experienced technicians and service trucks are available at any hour.
SERVICE RATE SCHEDULE
LABOR
SENIOR FIELD MECHANIC (2 HR. minimum) ........ ............ .................................................................. $38.001HR.
JUNIOR FIELD MECHANIC (2 HR. minimum) ....................... — ............................................................... $36.00/HR.
PLANT REPAIR AND SERVICE.. ..................... ..................................................................................... $90.001HR.
MACHINIST-SHOP OR FIELD (With Tools) ............. -- ....................................................... ............ ..... $90.001HR.
EQUIPMENT
FULLY EQUIPPED FIELD SERVICE TRUCK WITH PNEUMATIC TOOLS AND H.D.
HYDRAULIC LIFT (2 HR. minimum) .. ....... ....... ...... ........... -- ................... ...................................... $75.00/HR.
AIR COMPRESSOR WITH RELATED TOOLS (2 HR. minimum) .................................... ...... ........... .... $90.001HR.
500-TON HYDRAULIC PRESS (2 HR. minimum).... ........................... ........... ........................................ $80.00/HR.
PUMPING UNIT LUBRICATION AND INSPECTION REPORT ............................................................... $75.00 /UNIT
PICK-UP TRUCK WITHOUT DRIVER ................ ...... ............. ............................................................... $45.001HR.
Overtime Labor.
Additional hours regular work days ............................................................................................ .... Time and One Half
Saturdays......... ................................................................................. ........................................... Time and One Hall
After four hours of time and one half ...................................... . .................................................... ........... Double Time
Sundays and Holidays ................... .............. _ ................................ ........................................................ Double Time
Outside Purchases:
Outside purchases of labor and materials ..... ...................................................................................... Cost Phis 25%
Rush Orders:
Orders phoned in by 2:00 PM will be shipped the same day by common carrier, for delivery the next day.
Problems:
It you have anY problems With yow pumptng units, please caii us. Our staff has many years of experience and
know the answers to most problems.
All rates are effective until Jan. 31, 20I0
ServIoeRatesEffecdveOct2008.doc
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PROFESSIONAL SERVICES AGREEMENT WITH
LACY OIL TOOL COMPANY FOR ON -CALL
REPAIR AND MAINTENANCE OF OIL WELL PUMPING UNITS
THIS AGREEMENT is made and entered into as of this 25th day of September,
2007, by and between the CITY OF NEWPORT BEACH, a municipal corporation
( "City"), and LACY OIL TOOL COMPANY, a California Corporation whose address is
340 East "D" Street, Wilmington, California, 90744 ( "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 -call services for repair and maintenance of oil well
pumping units at City's Oil Fields.
C. City desires to engage Contractor to perform on -call repair and maintenance
services for the City's 16 Oil Wells.
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 Mike
Quisenberry.
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 31 st day of January, 2009, unless terminated earlier as set forth
herein.
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2. SERVICES TO BE PERFORMED
Contractor shall provide "On -Call' emergency underground utilities services 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 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
subcontractor fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Utilities Department. Any Letter Proposal that sets forth fees in
excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a
separate Professional Service Agreement approved by City Council per Council
Policy F -14.
4.1 Contractor shall submit monthly invoices to City describing the work
performed the preceding month. Contractor's 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 nothing more than the following
costs incurred by Contractor:
A. The actual costs of subcontractors 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.
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5.
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PROJECT MANAGER
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 Mike Quisenberry
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.
ADMINISTRATION
This Agreement will be administered by
shall be the Project Administrator and
under this Agreement. The Projec t
representative shall represent City in all
rendered pursuant to this Agreement.
CITY'S RESPONSIBILITIES
the Utilities Department. Steve Myrter
shall have the authority to act for City
Administrator or his/her authorized
matters pertaining to the services to be
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 blueprinting and other services through City's reproduction
company for bid documents. Contractor will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Contractor and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
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
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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.
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.
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 and/or design defects [if the design originated with
Contractor]) 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, contractors,
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
Contractor to indemnify the Indemnified
sole negligence or willful misconduct of
indemnity shall be construed as authoria
herein shall be construed to require
Parties from any Claim arising from the
the Indemnified Parties. Nothing in this
Jng any award of attorney's fees in any
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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.
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. 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.
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 the
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 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.
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
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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
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 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 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.
D. Coverage Requirements.
1. 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 subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) days 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 Two Million
Dollars ($2,000,000) 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.
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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
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).
D. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. 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.
ii. 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 Contractor's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall 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.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. 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.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
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party except after thirty (30) days written notice has been received
by City.
A. Timely 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.
B. 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. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Contractor. Assignments of any or all rights, duties or obligations of the
Contractor under this Agreement will be permitted only with the express written
consent of City. Contractor shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. 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
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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.
COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Contractor
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Contractor. By acceptance of CADD data, City agrees to indemnify
Contractor for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in °.dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City s latest adopted version of Microsoft Word and
Excel.
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.
INTELLECTUAL PROPERTY INDEMNITY
The Contractor shall defend and indemnify City, its agents, officers,
representatives and employees against liability, including costs, for infringement
of any United States' letters patent, trademark, or copyright infringement,
including costs, contained in Contractor's drawings and specifications provided
under this Agreement.
RECORDS
Contractor shall keep records and invoices in connection with the work to be
performed under this Agreement. Contractor shall maintain complete and
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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 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.
22. 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.
23. 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.
24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
25. 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
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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.
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:
Steve Myrter
Utilities Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949- 644 -3011
Fax: 949 - 646 -5404
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Mike Quisenberry
Lacy Oil Tool Company
340 East "D" Street
P.O. Box 695
Wilmington, CA, 90744
Phone: 310 - 549 -3240
Fax: 310- 834 -0359
27. 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 parry 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
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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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
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33. 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.
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.
36. 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.
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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:
By: c'_"'
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
BY' N414- < &01—�
LaVonne Harkless,
City Clerk
k
CITY OF NEWPORT BEACH
A Municipal Corporation
7 ') - — --v—, )
By:
Steven Rosa sky,
Mayor 6
for the City of Newport Beach
CONTRACTOR:
By: �,�/ kI
(Corporate Officer)
Title: �u3 f b 6?u'-r
Print Name: 11A (Ke- 00 056 -?J 66;'..�� Y
By:
(FinacidFOf1'is4-r
Title: Vice President & CFO
Print Name: Dorothv V. La
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
15
•
icy
Oil Tool
Company
Lao Oil Tool Co. is California s largest
and best equipped group of pumping unit
repair specialists. It was originally a
division of Lacy Manufacturing Company,
which pioneered the Air Balanced
Pumping Unit. Lacy's background
includes 80 years experience in steel
fabrication, 44 years in ON field production
equipment and 34 years in the building
of Lacy Air Balanced Pumping Units.
This experience guarantees you superior
products and quality service by skilled
0 EXHIBIT 'IN
pumping unit service companies combined.
With the addition of a new 15 -con crane
for the largest jobs. Lacy's Wilmington,
California, facility has over 12,000 square
feet under twin overhead traveling bridge
cranes. Our custom - built, 500 -ton
hydraulic press is capable of any press
work that may be required. With over
10,000 machined parts constantly stocked
in our warehouses, there is no waiting for
most parts. However, our fully equipped
machine shop assures prompt production
Professionals at the lowest possible prices.
Lacy Oil Tool Co. offers 24 -hour field and
shop service to assist you In repair and
maintenance of your pumping units.
Our modern field service trucks are fully
equipped with air compressors and air -
driven tools, heavy duty hydraulic Ofts and
complete oil field tooling. The need for an
extra lifting crane in the field is eliminated
in many cases because our heavy duty
hydraulic lifts can handle most lifting jobs.
This saves both the time and money
generally associated with oil field cranes.
With the aid of our mobile radio system,
each field crew Is In constant contact with
technical personnel In the event of any
unexpected problems. A full -time, in -house
v hicle ainte nane P, Ogram aswres
mlrrimum lost time for field service. An
expertly trained field crew will arrive
at your pumping unit within eight working
hours after receiving your call. This level of
service assures you of minimum down -time
and lost production. As a result of our
constant effort to provide the most
experienced and qualified technicians
available, Lacy's personnel boast more
Years of experience than all other California
..
re■r
of any obsolete or hard -to -find parts that
may not be readily available.
We also stock complete bearing, saddle
and wrist pin assemblies for most Lacy,
Lufkin, Jensen. Cabot, National, Oilwell,
American, Emsco, Parkersburg and Pacific
pumping units. Additionally, we stock
complete air compressor assemblies. We
specialize in air balanced pumping unit
repair and have complete air cylinder
exchanges for most Lacy units. This means
•
no waiting for your air cylinder to be
rebuilt In addition to pumping unit repair.
lacy Oil Tool Co. also provides expert
repair of heavy duty industrial hydraulic
systems. We are also manufacturers of
hydraulic components for the metal
recycling industry.
To assist us in providing complete and
accurate repair on your pumping units, we
have on file the original manufacturer's
data and service reports for all Lacy Air
Balanced Pumping Units. With the serial
Equipment, Parkersburg, and Waldrip
pumping unit engineering blueprints. As a
Parkersburg distributor, we can provide
parts for your Parkersburg unit in a
minimum amount of time and at a
reasonable cost.
Lacy Oil Tool Co. can quickly and
efficiently put any pumping unit back on
production. We would welcome the
opportunity to inspect your pumping unit
and discuss its repair needs at no charge.
Upon request, we will furnish a written
number of your Lacy unit, we can
determine the exact parts necessary and
review your unit's history. With over
5,000 of these units manufactured, this
information saves valuable time and
eliminates guesswork.
To assure proper fitting parts, we have
on rile original engineering blueprints for
all Lacy Air Balanced Pumping Units. In
addition, we purchased from Western Gear
Corp. their original Pacific, Petroleum
report and cost estimate for any needed
repairs.
Lacy Oil Tool Co. Service and
Products Warranty
Lacy Oil Tool Co. has always stood behind
all work performed, including parts and
service. It is our constant goat to provide
superior products and quality service to
our customers at the lowest possible price.
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With this goal In mind, we offer the
following:
Statement of Warranty
"All Lacy Oil Tool Co. products and
services are guaranteed .against defect in
material and workmanship for a period
of oneyear from the date of purchase. Any
such defect will be replaced or repaired,
at Lacy 00 Tool Co.'s option, within that
period "
We know o f no other pumps ng unit repair
comparty willing to offer a warranty of
this kind.
Pumping Unit Sales
As an American Petroleum Institute
(A.P.I.) certified pumping tacit manufacturer,
we manufacture Lacy Air Balanced
Pumping Units. All units are fully guaranteed
and reasonably priced. Upon request, we
will send you a complete list of our
pumping unit inventory.
In addition to newly manufactured units,
we regularly acquire used pumping units
In good condition. These units are
inspected and thoroughly refwbished prior
to sale, and carry full guarantees.
Preventive Maintenance
Our preventive maintenance service
Includes gearbox filtering to Increase the
life of the gears and pumping unit
inspection reports. This service helps
prevent a major breakdown and provides
a complete written report detailing the
condition of your pumping unit. Upon
request, we will provide a more detailed
description of this service.
Lacy Oil Tool Co.
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LACY OIL TOOL COMPANY ._
F- -I
L J
EXHIBIT "B"
F I
SERVIC
Lacy 01 Tool Company offers both FIELD SERVICE and SHOP SERVICE to assist you in both Repair and
Maintenance. Our experienced technicians and service trucks are available at any hour.
- Jzlei l
SENIOR FIELD MECHANIC (2 HR. minimum) ............................... ............................... .........................$38.00 /H R.
JUNIOR FIELD MECHANIC (2 HR. MINIMUM) ................................................... :................................. $36.00 /HIZ.
PLANT REPAIR AND SERVICE ............................................................................ ............................... $80.00 /HR,
MACHINIST -SHOP OR FIELD (WITH TOOLS) ...................................................... ............................... $80.00 /HR.
EQUIPMENT
FULLY EQUIPPED FIELD SERVICE TRUCK WITH PNEUMATIC TOOLS AND H.D.
HYDRAULIC LIFT (2 HR. MINIMUM) ... : ............. .......... ..........
AIR COMPRESSOR WITH RELATED TOOLS (2 HR. MINIMUM)
FLATBED TRUCK WITH DRIVER (2 HR. MINIMUM) ..................
500 -TON HYDRAULIC PRESS (2 HR. MINIMUM) .......................
PUMPING UNIT LUBRICATION AND INSPECTION REPORT.....
PICK -UP TRUCK WITHOUT DRIVER ................ ...............................
Overtime Labor:
Additional hours regular work days.....
Saturdays
After four hours of time and one half
Sundays and Holidays .......................... ...............................
Outside Purchases:
Outside purchases of labor and materials .............................
......... ............................... $80.00 /HR.
........ . .............. ......... I ... .... $80.00 /HR.
.... .... . ...... .... I ... I ... ............. $40.00 /HR.
......... ..I ............................ $80.00 /HR.
.... ............................... $60. 00 /UNIT
............................... $45.00 /HR.
................ Time and One Half
........... Time and One Half
. .........................Double Time
Double Time
....... ...........................Cost Plus 25°%
Rush Orders:
Orders phoned In by 2:00 PM will be shipped the same day by common carder, for delivery the next day.
Problems:
If you have any problems with your pumping units, please call us. Our staff has many years of experience and
know the answers to most problems.
All rates are effective until Feb. 1, 2009
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
-3410D - ,20V -7
Agenda Item No. 13
September 25, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Utilities Department
Steve Myrter, Utilities Director
718 -3411 or smvrterAcity.newport- beach.ca.us
SUBJECT: REPAIR AND MAINTENANCE OF OIL WELL PUMPING UNITS —
APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS
RECOMMENDATION:
Approve Professional Services Agreements with Lacy Oil Tool Company and AC
Pumping Unit Repair, Inc. for on -call repair and maintenance services for oil well
pumping units, and authorize the Mayor and City Clerk to execute the Agreements.
DISCUSSION:
These on-call agreements allow staff to retain highly specialized services needed to
perform unforeseen but required maintenance and emergency repairs to our above-
ground oil extraction equipment and pumps in a timely manner. Staff recommends
executing on-call professional service agreements with the following above -ground oil
production equipment maintenance and repair companies which will work closely with
the City's oil operations management firm:
1) Lacy Oil Tool Company is a recognized and welkestablished oil extraction
equipment company that has provided maintenance and repair service for the
City's oil fields for the last 20 years. Staff recommends continuing to retain Lacy
Oil Tool Company for these specialized on -call services.
2) AC Pumping Unit Repair, Inc. was newly established in July 2006 when it
acquired an existing repair company with over 100 years experience and formed
AC Pumping Unit Repair Inc. Staff recommends retaining this company to
perform these specialized on -call services
• Repair and Maintfince of Oct Well Pumping Units
— Approval Professional Services Agreements
September 25, 2007
Page 2
Environmental Review:
This action requires no environmental review, as it is not a project pursuant to CEQA.
Funding Availability:
Funding is available in Maintenance and Repair 5400 -8160.
Expenditures of more than $30,000 for an individual repair project will require a
separate City Council action in accordance with Policy F -14.
Prepared by:
t J'w `
Cindy Asher, A4rjiinistrative Manager
Submitted by:
✓wmw
f, «.
Attachments: Agreement with Lacy Oil Tool Company
Agreement with AC Pumping Unit Repair, Inc.
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PROFESSIONAL SERVICES AGREEMENT WITH
LACY OIL TOOL COMPANY FOR ON -CALL
REPAIR AND MAINTENANCE OF OIL WELL PUMPING UNITS
THIS AGREEMENT is made and entered into as of this 25th day of September,
2007, by and between the CITY OF NEWPORT BEACH, a municipal corporation
( "City"), and LACY OIL TOOL COMPANY, a California Corporation whose address is
710 East "D" Street, Wilmington, California, 90744 ( "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 -call services for repair and maintenance of oil well
pumping units at City's Oil Fields.
C. City desires to engage Contractor to perform on -call repair and maintenance
services for the City's 16 Oil Wells.
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 Mike
Quisenberry.
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 31 st day of January, 2009, unless terminated earlier as set forth
herein.
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2. SERVICES TO BE PERFORMED
Contractor shall provide "On -Call" emergency underground utilities services 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 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.
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
subcontractor fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Utilities Department. Any Letter Proposal that sets forth fees in
excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a
separate Professional Service Agreement approved by City Council per Council
Policy F -14.
4.1 Contractor shall submit monthly invoices to City describing the work
performed the preceding month. Contractor's 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 nothing more than the following
costs incurred by Contractor.
A. The actual costs of subcontractors 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
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 Mike Quisenberry
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. Steve Myrter
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 blueprinting and other services through City's reproduction
company for bid documents. Contractor will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Contractor and as defined above.
C. 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
e
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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.
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 and /or design defects (if the design originated with
Contractor]) 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, contractors,
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
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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.
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. 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.
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 the
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 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.
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
a
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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
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 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 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.
D. Coverage Requirements.
Workers' Compensation Coveraae. 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 subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) days 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 Two Million
Dollars ($2,000,000) 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.
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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
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).
D. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following speck language:
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.
ii. 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 may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall 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.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. 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.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
III
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0
party except after thirty (30) days written notice has been received
by City.
A. Timely 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.
B. 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. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Contractor. Assignments of any or all rights, duties or obligations of the
Contractor under this Agreement will be permitted only with the express written
consent of City. Contractor shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. 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
18.
19.
20.
21
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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.
COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Contractor
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Contractor. By acceptance of CADD data, City agrees to indemnify
Contractor for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AiAoCAD used by City in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
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.
INTELLECTUAL PROPERTY INDEMNITY
The Contractor shall defend and indemnify City, its agents, officers,
representatives and employees against liability, including costs, for infringement
of any United States' letters patent, trademark, or copyright infringement,
including costs, contained in Contractor's drawings and specifications provided
under this Agreement.
RECORDS
Contractor shall keep records and invoices in connection with the work to be
performed under this Agreement. Contractor shall maintain complete and
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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 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.
22. 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.
23. 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 bome by Contractor. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
25. 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
26.
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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.
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:
Steve Myrter
Utilities Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3011
Fax: 949 -646 -5402
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Mike Quisenberry
Lacy Oil Tool Company
710 East "D" Street
P.O. Box 695
Wilmington, CA, 90744
Phone: 310 - 549 -3240
Fax: 310- 834 -0359
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 parry 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 parry 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
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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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. CONTROLLING LAW AND VENUE
The laws of the State of Califomia 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.
36. 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.
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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:
By._ 1491� C
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By.
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Steven Rosansky,
Mayor
for the City of Newport Beach
CONTRACTOR:
By:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
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o1*l Tool
Company
Lacy Oil Toot Co. is California s largest
and best equipped group of pumping unit
repair specialists. It was originally a
division of Lacy Manufacturing Company,
which pioneered the Air Balanced
Pumping Unit. Lacy's background
includes 80 years experience in steel
fabrication, 44 years In oil field production
equipment and 34 years in the building
of lacy Air Balanced Pumping Units.
This experience guarantees you superior
products and quality service by skilled
• EXHIBIT "A"
pumping unit service companies combined.
With the addition of a new 15 -ton crane
for the largest jobs. Lacy s Wilmington,
California. facility has over 12.000 square
feet under twin overhead traveling bridge
cranes. Our custom - built. 500 -ton
hydraulic press is capable of any press
work that may be required. With over
10,000 machined parts constantly stocked
in our warehouses, there is no waiting for
most parts. However. our fully equipped
machine shop assures prompt production
professionals at the lowest possible prices,
Lacy Oil Tod Co. offers 24 -hour field and
shop service to assist you in repair and
maintenance of your pumping units.
Our modern field service trucks are fully
equipped with air compressors and air -
driven tools, heavy duty hydraulic lifts and
complete oil field tooling. The need for an
extra lifting crane in the field is eliminated
In many cases because our heavy duty
hydraulic lifts can handle most lifting jobs.
This saves both the time and money
generally associated with oil field cranes.
With the aid of our mobile radio system,
each field crew is in constant contact with
technical personnel in the event of any
unexpected problems. A full -time, in -house
vehicle maintenance program assures
minimum lost time for field service. An
expertly trained field crew will arrive
at your pumping unit within eight working
hours after receiving your call. This level of
service assures you of minimum down -time
and lost production. As a result of our
constant effort to provide the most
experienced and qualified technicians
available, Lacy's personnel boast more
years of experience than all other California
:..:. .. :... .i �•!; a IY(::
of any obsolete or hard -to -find parts that
may not be readily available.
We also stock complete bearing, saddle
and wrist pin assemblies for most Lacy.
Lufkin, Jensen. Cabot, National, Oilwell.
American, Emsco, Parkersburg and Pacific
pumping units. Additionally, we stock
complete air compressor assemblies. We
specialize in air balanced pumping unit
repair and have complete air cylinder
exchanges for most Lacy units. This means
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no waiting for your air cyllnder to be
rebuilt. In addition to pumping unit repair,
Lacy Oil Tool Co. also provides expert
repair of heavy duty industrial hydraulic
systems- We are also manufacturers of
hydraulic components for the metal
recycling industry,
To assist us in providing complete and
accurate repair on your pumping units, we
have on file the original manufacturer's
data and service reports for all Lacy Air
Balanced Pumping Units. With the serial
Equipment, Parkersburg, and Waldrip
pumping unit engineering blueprints. As a
Parkersburg distributor, we can provide
parts for your Parkersburg unit in a
minimum amount of time and at a
reasonable cost.
Lacy Oil Tool Co. can quickly and
efficiently put any pumping unit back on
production. We would welcome the
opportunity to inspect your pumping unit
and discuss its repair needs at no charge.
Upon request. we will furnish a written
number of your Lacy unit we can
determine the exact parts necessary and
review your units history. With over
5.000 of these units manufactured, this
information saves valuable time and
eliminates guesswork
To assure proper fitting parts, we have
on file original engineering blueprints for
all Lacy Air Balanced Pumping Units. In
additlon,we purchased from W estern Gear
Corp. their original Pacific. Petroleum
report and cost estimate for any needed
repairs.
Lacy Oil Tool Co. Service and
Products Warranty
Lacy Oil Tool Co. has always stood behind
all work performed. including parts and
service. it is our constant goal to provide
superior products and quality service to
our customers at the lowest possible price.
•
With this goal in mind, we offer the
follawing:
Statement of Warranty
"All Lacy Oil Tool Co. products and
services are guaranteed against defect In
material and workmanship for a period
of one year From the date of purchase. Any
such defect will be replaced or repaired,
at Lacy Oil Tool Co.'s option, within that
period."
W e know of no other pumping unit repair
company willing to offer a warranty of
this kind.
Pumping Unit Sales
As an American Petroleum Institute
(A.P.I.) certified pumping unit manufacturer,
we manufacture Lacy Air Balanced
Pumping Units. All units are fully guaranteed
and reasonably priced. Upon request we
will send you a complete list of our
pumping unit inventory.
In addition to newly manufactured units.
we regularly acquire used pumping units
In good condition. These units are
Inspected and thoroughly refurbished prior
to sale, and carry full guarantees.
Preventive Maintenance
Our preventive maintenance service
includes gearbox filtering to Increase the
life of the gears and pumping unit
Inspection reports. This service helps
prevent a major breakdown and provides
a complete written report detailing the
condition of your pumping unit Upon
request we will provide a more detailed
description of this service
Lacy Oil Tool Co.
•
LACY OIL TOOL COMPANY
E
EXHIBIT "B"
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�fk )13�
SERVICE
Lacy 00 Tool Company offers both FIELD SERVICE and SHOP SERVICE to assist you in both Repair and
Maintenance. Our experienced technicians and service trucks are available at any hour.
LABOR
SENIOR FIELD MECHANIC (2 HR. minimum) .............................................. ...............................
JUNIOR FIELD MECHANIC (2 HR. MINIMUM) ............................................. ......:........................
PLANT REPAIR AND SERVICE ................................................................... ...............................
MACHINIST -SHOP OR FIELD (WITH TOOLS)
EQUIPMENT
FULLY EQUIPPED FIELD SERVICE TRUCK WITH PNEUMATIC TOOLS AND H.D.
..........$38.00 /HR.
......... $36.00 /HR.
$80.00 /HR.
$80.00 /HR.
HYDRAULIC LIFT (2 HR. MINIMUM) ... : ..... ............................... ....................................................... $80.00 /HR.
AIR COMPRESSOR WITH RELATED TOOLS (2 HR. MINIMUM) .......................... ............................... $80.00 /H R.
FLATBED TRUCK WITH DRIVER (2 HR. MINIMUM) ............................................. ............................... $40.00 /HR.
500 -TON HYDRAULIC PRESS (2 HR. MINIMUM) .................................................. ............................... $80.00 /HR.
PUMPING UNIT LUBRICATION AND INSPECTION REPORT ............................... ............................... $60. 00/UNIT
PICK -UP TRUCK WITHOUT DRIVER .................................................................... ............................... $45.00 /HR.
Overtime Labor:
Additional hours regular workdays ........ ...............................
...................... Time and One Half
Saturdays..................................................................................................... ............................... Time and One Half
After four hours of time and one half .............................................. ............................... .........................Double Time
Sundaysand Holidays ........................................................................................... ............................... Double Time
Outside Purchases:
Outside purchases of labor and materials ................................. ............................... ...........................Cost Plus 25%
Rush Orders:
Orders phoned in by 2:00 PM will be shipped the same day by common carrier, for delivery the next day.
Problems:
If you have any problems with your pumping units, please call us. Our staff has many years of experience and
know the answers to most problems.
All rates are effective until Feb. 1. 2009
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PROFESSIONAL SERVICES AGREEMENT WITH
AC PUMPING UNIT REPAIR, INC. FOR ON -CALL
REPAIR AND MAINTENANCE OF OIL WELL PUMPING UNITS
THIS AGREEMENT is made and entered into as of this 25th day of September,
2007, by and between the CITY OF NEWPORT BEACH, a municipal corporation
( "City "), and AC PUMPING UNIT REPAIR, INC., a California Corporation whose
address is 10733 Painter Ave., Santa Fe Springs, California, 90670 ( "Contractor"), and
is made with reference to the following:
RECITALS
A. City is a municipal corporation duty organized and validly existing under the laws
of the State of Califomia 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 -call services for repair and maintenance of oil well
pumping units at City's Oil Fields.
C. City desires to engage Contractor to perform on -call repair and maintenance
services for the City's 16 Oil Wells.
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 Alfonso
Campas.
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 31st day of July, 2009, unless terminated earlier as set forth
herein.
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2. SERVICES TO BE PERFORMED
Contractor shall provide "On -Call" emergency underground utilities services 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 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
subcontractor fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Utilities Department. Any Letter Proposal that sets forth fees in
excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a
separate Professional Service Agreement approved by City Council per Council
Policy F -14.
4.1 Contractor shall submit monthly invoices to City describing the work
performed the preceding month. Contractor's 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 nothing more than the following
costs incurred by Contractor.
A. The actual costs of subcontractors 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.
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5. PROJECT MANAGER
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 Alfonso Campas
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. Steve Myrter
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 Contractors
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Contractor will be required to coordinate the
required bid documents with City s reproduction company. All other
reproduction will be the responsibility of Contractor and as defined above.
C. 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 Contractors
supervision. Contractor represents that it possesses the professional and
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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.
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 and /or design defects [if the design originated with
Contractor]) or Contractors 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, contractors,
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
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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.
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. 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.
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 the
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 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.
14. INSURANCE
Without limiting Contractors indemnification of City, and prior to commencement
of work. Contractor shall obtain, provide and maintain at its own expense during
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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
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 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 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.
D. Coverage Requirements.
1. 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 subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) days 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 Two Million
Dollars ($2,000,000) 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
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).
D. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
L 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.
ii. 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 Contractor's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall 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.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. 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.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
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party except after thirty (30) days written notice has been received
by City.
A. Timely 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.
B. 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. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Contractor. Assignments of any or all rights, duties or obligations of the
Contractor under this Agreement will be permitted only with the express written
consent of City. Contractor shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. 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
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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.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Contractor
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Contractor. By acceptance of CADD data, City agrees to indemnify
Contractor for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in ".dwg° file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
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. INTELLECTUAL PROPERTY INDEMNITY
The Contractor shall defend and indemnify City, its agents, officers,
representatives and employees against liability, including costs, for infringement
of any United States' letters patent, trademark, or copyright infringement,
including costs, contained in Contractor's drawings and specifications provided
under this Agreement.
21. 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
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.
22. 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.
23. 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 bome by Contractor. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
25. 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
26.
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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.
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:
Steve Myrter
Utilities Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949- 6443011
Fax: 949 - 646 -5402
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Alfonso Campas
AC Pumping Unit Repair, Inc.
10733 Painter Ave.
Santa Fe Springs, CA, 90670
Phone: 562- 946 -1600
Fax: 562 - 903 -5500
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
r •
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.
28. 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.
29. WAIVER
A waiver by either parry 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.
30. 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.
31. 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 govem.
32. 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.
33. 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.
• •
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.
36. 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.
1A
• •
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By: —, c
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
am
Steven Rosansky,
Mayor
for the City of Newport Beach
CONTRACTOR:
By:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
From: Sins Lu m To: Cindy Asher Date: 8/30/2007 Time: 3:23:38 PM Page 2 of 3
it
ri;j
11
Pumping Unit Repai-F
e . • .. . A �I
Statement of Qualification
AC Pumping•Unit Repalrwas established in July 2006 when it acquired an exlstfng repair company and
formed AC Pumping under the new ownership,
since July 2006 AC Pumping has tripled in size with 30 emphMes and has invested in a considerable
amount of new equipment to accommodate the growth. Some of our Qualifications Include.
114 years combined Pumping Unit Repair Experience.
On site compressor Repair
Alignment of unit.
Cornplete Breakdown and assembly of units
: Relocate Unit to different site
: Install new bearings and seals
: Regular Luba service available
: Computer Analysfs to determine Pump Efficiency and Motor Efficiency
We mark up materials cost plus 20%
: AC Pumping will hold these prices till July 2009
:3 Certified Crane Operators (Nmm) Valid through 2011
Yours Sincerely,
Micheal Quirke
10733 Painter Avenue - Santa Fe SprkKM Gelifomta 90670
(W4 946 -1600 • Fax (-KM 943 -5500
From: Sim L c o To: Cindy Asher Date: MOWN Time: 3:23:38
AC Pumping Unit Repair
Spedaffring to All Types & +4WMI
of Pumping Unit
Rates Effective July 15, 2007
RQU MRNT-
UM Fuel Surckarge Apply)
15 Too FTydrauiic Crane Wltb Too15 $60.00 Per Hour
I4 Ton Hydraulic Crane With Tools $60.00 per Hour
8 Ton Knuckle Boom Crane With Tools $45.00 Per Hour
Knuckle Boorn- Weekly Standby Flat hate Rental $509.00 Per Week
Fully Hipped Service Truck W/Compressor $30.00 Per Hour
Boring Bar $40.00 Per Hour
Fuel Charge: I7% To All Equipment 17%
LABOR:
Crane Operator
$45.00 Per Hour
Pumping Unit Mechanic
$3750 Per Hour
Roustabout
$37.50 Per Hour
Fuel Charge: Daily Flat Roustabout Charge
$20.00 Daily
Field Operator
$45.00 Per Flour
Field Superintendent
$78.00 per Flour
Welder. Welder With Welding Truck & Tools
$75.00 Per Hour
Fuel Charge: Daily Flat Welding Thick Charge
$25.00 Daily
Welder Helper
545.00 Per Hour
Welder Fire Watch / Helper
$30.00 Per Hour
Shop RepahiService
$55.00 Per Hour
Crew Supervisor
$60:00 Per Hour
Field Pumper
$60.00 Pcr Hour
Luke Mechanic
$37.50 Per Hour
PREIYIIUM TIME:
Daily Rate Over S Hours Tune and One Halt'
Daily Rate Over 12 Hours Double Time
Saturday Time and One Half
Sunday & Holidays Double Time
AR Equipment & Tabor is Charged From Portal To Portal
10735 Painter Avenue • Santa Fe firings, C.alltomia 90670
(564 946 -166 • Fax (582) 9034500
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