18-0712_GENERAL PUMP COMPANY, INC._Letter Agreement Y
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JULY 12, 2018
MICHAEL BODART
GENERAL PUMP COMPANY, INC.
159 NORTH ACACIA '
SAN DIMAS, CA 91773
Dear Mr. Bodart: •
Letter Agreement for Pump Mechanic'Services
This letter shall be our Agreement ("Letter Agreement") regarding the provision of labor
and equipment to supply a pump mechanic and or other labor to on-call, as needed,
time-and-material based labor and general equipment to trouble shoot and repair
pumps and motors described below ("Services") to be provided by General Pump
Company, Inc., a California Corporation ("Consultant") as an independent contractor to
the City of San Juan Capistrano (the "City") for the City's pump maintenance project
("Project"). Consultant is retained as independent contractor and is not an employee of
the City. City and Consultant are sometimes referred to herein as "Party" or "Parties."
The Services to be provided include the following: repair, removal, installation,
rehabilitation, replacement of pumps, motors, well system lube assembly, etc., and the
furnishing of parts and labor in conjunction with such work. All work and general
conditions shall be performed in accordance with the current Standard Specifications for
Public Works Construction (the Green Book), the California Department of Public Health
guidelines, the American Water Works Association (AWWA) Standards, and the
National Electrical Manufacturers Association (NEMA) Standards. The Services to'be
provided are more particularly described in the Scope of Services attached hereto as
Exhibit "A" and are incorporated herein by reference. Services on the Project shall
begin immediately and shall be completed by July 1, 2019, unless extended by the City
in writing.
Consultant shall perform all Services under this Letter Agreement in a skillful and
competent manner, consistent with the standards generally recognized as being
employed by professionals in the same discipline in the State of California, and
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General Pump Company Inc.
July 12, 2018
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consistent, with all applicable laws. Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever
nature that are legally required to perform the Services, including a City Business
License, and that such licenses and approvals shall be maintained throughout the term
of this Letter Agreement.
Consultant has represented to the City that certain key personnel will perform and
coordinate the Services under this Letter Agreement, Should one or more of such
personnel become unavailable, Consultant may substitute other personnel of equal
competence upon written approval of the City. In the event that the City and Consultant
cannot agree as to the substitution of key personnel, the City shall be entitled to
terminate this Letter Agreement for cause. The key personnel for performance of this
Letter Agreement are as follows: Michael Bodart
Compensation shall be;based on the actual amount of time spend in adequately
performing the Services and shall be billed at the hourly rate(s) described in the
Consultant's rate sheet, attached hereto as Exhibit "A" and incorporated herein by
reference. The total compensation shall not exceed $3,000 without written approval of
the Director of Public Works and Utilities. Consultant's invoices shall include a detailed
description of the Services performed. Invoices shall be submitted to the City on a
monthly basis as performance of the Services progresses. The City shall review and
pay the approved charges on such invoices in a timely manner.
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et
seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and
the performance of other requirements on "public works" and "maintenance" projects. If
the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing
Wage Laws, City shall provide Consultant with a copy of the prevailing rates of per
diem wages in effect at the commencement of this Letter Agreement upon request.
Consultant shall make:copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Consultant's principal place of
business and at the project site. Consultant shall defend, indemnify and hold the City,
its officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws, It
shall be mandatory upon the Consultant and all sub consultants to comply with all
California Labor Code provisions, which include but are not limited to prevailing wages
(Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code
Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776),
hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and
subcontractors (Labor Code Sections 1777.1). The requirement to submit certified
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General Pump Company Inc.
July 12, 2018
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payroll records directly to the Labor Commissioner under Labor Code_section 1771.4
shall not apply to work performed on a'public works project that is exempt pursuant to
the small project exemption specified in Labor Code Section 1771.4.
If the Services are being performed as part of an applicable "public works" or
"maintenance" project, then pursuant to Labor Code Sections 1725,5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the
duration of the Project and require the same of any subconsultants, as applicable.
Notwithstanding the foregoing, the contractor registration requirements mandated by
Labor Code Sections 1725.5 and 1771,1 shall not apply to work performed on a public
works project that is exempt pursuant to the small project exemption specified in Labor
Code Sections 1725.5 and 1771.1.
This Project may also be subject to compliance monitoring and enforcement by the
Department of Industrial Relations. It shall be Consultant's sole responsibility to comply
with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any
subcontractor'that affect Consultant's performance of services, including any delay,
shall be Consultant's sole responsibility. Any delay arising out of or resulting from such
stop orders shall be considered Consultant caused delay and shall not be compensable
• by the City. Consultant shall defend, indemnify and hold the City, its officials, officers,
employees and agents free and harmless from any claim or liability arising out of stop
orders issued by the Department of Industrial Relations against Consultant or any
subcontractor.
Consultant shall provide proof of: A. Commercial General Liability Insurance, of at least
$1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury and
property damage, at least as broad as Insurance Services Office Commercial General ,
Liability most repent Occurrence Form CG 00 01; B. Automobile Liability Insurance for
bodily injury and property damage including coverage for owned, non-owned and hired
vehicles, of at least $1,000,000 per occurrence for bodily injury and property damage, at
least as broad, as most recent Insurance Services Office Form Number CA 00 01
covering automobile liability, Code 1 (any auto); C. Workers' Compensation in
compliance with applicable statutory requirements and Employer's Liability Coverage of
at least $1,000,000 per occurrence; and D. Insurance carriers shall be licensed to do
business in California and maintain an agent for process within the state. Such
insurance carrier shall have not less than an "A-VII" rating according to the latest Best
Key Rating unless otherwise approved by the City. The City, its officials, officers,
employees, agents and authorized volunteers shall be named as Additional Insureds on
Consultant's policies of Commercial General Liability and Automobile Liability insurance
and such coverage provided to the City as an Additional Insured shall apply on a
primary and non-contributory basis. Waiver of subrogation endorsements in favorof the
City shall be provided on Consultant's policies of Commercial General Liability,
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General Pump Company Inc.. -
July 12, 2018
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Automobile Liability and Workers' Compensation/Employer's Liability insurance.
The City may terminate this Letter Agreement at any time with or without cause. If the
City finds it necessary to terminate this Letter Agreement without cause before Project
completion, Consultant shall be entitled to be paid in full for those Services adequately
completed prior to the notification of termination. Consultant may terminate this Letter
Agreement only upon 30 calendar days' written notice to the City only in the event of
City's failure to perform in accordance with the terms of this Letter Agreement through
no fault of Consultant.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City's
choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or
incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subcontractors, consultants or agents in connection with the
performance of the Consultant's services, the Project or this Letter Agreement, including
without limitation the payment of all damages, expert witness fees and attorney's fees
and other related costs and expenses. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by Consultant, the City, its officials,
officers, employees, agents, or volunteers.
If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of
Consultant's performance of "design professional" services (as that term is defined
under Civil Code section 2782,8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Consultant's indemnification
obligation shall be limited to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant
obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability
for such claim, including the cost to defend, shall not exceed the Consultant's
proportionate percentage of fault.
Consultant shall keep itself fully informed of and in compliance with all local., state and
federal laws, rules and regulations in any manner affecting the performance of the
Project or the Services, including all Cal/OSHA requirements; all emissions limits and
permitting requirements imposed by the California Air Resources Board (GARB) or
other governmental agencies; and all water quality laws, rules and regulations of the
Environmental Protection Agency, the State Water Resources Control Board and the
City.
By executing this Letter Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control •
Act of 1986, as may be amended from time to time. Consultant shall maintain records
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General Pump Company Inc.
July 12, 2018
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of its compliance, including its verification of each employee, and shall make them
available to the City or its representatives for inspection and copy at any time during
normal business hours. The City shall not be responsible for any costs or expenses
related to Consultant's compliance withthe requirements. To the same extent and
under the same conditions as Consultant, Consultant shall require all of its
subcontractors, sub-subcontractors and consultants performing any work relating to the
Project or this Letter Agreement to make the same verifications and comply with all
requirements and restrictions provided herein. Consultant's failure to comply or any
material misrepresentations or omissions relating thereto shall be grounds for
terminating this Letter Agreement for cause.
By its signature hereunder, Consultant certifies that it is aware of the provisions of
Section 3700 of the California Labor Code which require every employer to be insured
against liability for Workers' Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services. Finally, Consultant represents that it is
an equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment in violation of state or federal law. As provided
for in the indemnity obligations of this Letter Agreement, Consultant shall indemnify City
against any alleged violations of this paragraph, including, but not limited to, any fines or
penalties imposed by any governmental agency.
This Letter Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Letter
Agreement, the action shall be brought in a state or federal court situated in Orange
County, State of California. In addition to any and all contract requirements pertaining
to notices of and requests for compensation or payment for extra work, disputed work,
claims and/or changed conditions, Consultant must comply with the claim procedures
set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the
City. Such Government Code claims and any subsequent lawsuit based upon the
Government Code claims shall be limited tothose matters that remain unresolved after
all procedures pertaining to extra work, disputed work, claims, and/or changed
conditions have been followed/by Consultant, If no such Government Code claim is
submitted, or if any prerequisite contractual requirements are not otherwise satisfied as
specified herein, Consultant shall be barred from bringing and, maintaining a valid
lawsuit against the City.
Consultant shall not assign, sublet, or transfer this Letter Agreement or any rights under
or interest in this Letter Agreement without the written consent of the City, which may be
withheld for any reason. This Letter Agreement may not be modified or altered except
in writing signed by both parties. Except to the extent expressly provided for in the
termination paragraph, there are no intended third party beneficiaries of any right or
obligation of the Parties.
•
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General Pump Company Inc.
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This is an integrated Letter Agreement representing the entire understanding of the
parties as to those matters contained herein, and supersedes and cancels any prior oral
or written understanding or representations with respect to matters covered hereunder.
Since the Parties or their agents have participated fully in the preparation of this Letter
Agreement, the language of this Letter Agreement shall be construed simply, according
to its fair meaning, and not strictly for or against any Party, The captions of the various
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content or intent of this Letter Agreement.
Consultant warrants that the individual who has signed.this Letter Agreement has the
legal power, right and authority to make this Letter Agreement and bind the Consultant
hereto. If you agree with the terms of this Letter Agreement, please indicate by signing
and dating where indicated below.
CITY OF SAN JUAN CAPISTRANO GENERAL * COMPANY, INC.
Appro�ed� r
Director of Public Worksrand Utilities Signature.
Date Michael Bodart
Attested By: Director of Engineering
•
Maria Morris, City Clerk Date
Approved As To Form:
a ey
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FEE PROPOSAL
•
We have included a copy of our published into schedule that we use for projects. Please
note that the Proposed Rale Sheet would be the discounted rates that would be used to
perform any work as approved by the City. The rate reduction is equal to 15% less than
our published rates. All engineering costs are Included in our rates. Therefore, there will
be no additional billings for our engineering services. All repairs'include a one-year
warranty for workmanship, material,and ENGINEERING.
Exhibit A,Page 1 of 2
t.j wimp
r , f 159 N.ACACIA S'I'Rlis I' SAN DIMAS,CA 91773
I'l IONIs:(909)599-9606 VAX:(909)599-6238
WELL& l'UM1'SERVICE SINCE 1952 Lic.lhI%?65
(Effective January 1,2018)
•
City of Orange — 15% Discount Rates
3-Man Crew&Standard Pump Pulling Rig $387.00 per Hour
1 Operator&40-Ton Crane $293.00 per Hour
1-Man Crew, Service Support Rig for the 40-Ton Crane $132.00 per Hour
2-Man Crew&Combination Rig $298.00 per Hour
2-Man Crew &Standard Pump Pulling Rig $293,00 per Hour
Wire Brush or Swab Rental $591.00 Each
Flatbed Truck &Driver $129.00 per Hour
Rotary Crane(up to 17-ton)& 1-Man Crew $200.00 per Hour
Rotary Crane&2-Man Crew $280,00 per Flour
Service Truck& 1 Pump Mechanic,Electrician or General Services $135.00 per Hour
Service Truck & 1 Pump Mechanic&Helper $234.00 per Hour
Pipeline Fabricator $139,00 per Hour
Shop Labor—Pump Mechanic • $89.00 per Flour
Shop Labor—Machinist or Welder . $89.00 per Flour
Overtime&Saturdays Add $47.00/Man Hour
Sundays&Holidays Acid$94.00 per Man Flour
Control &Instrument Specialist $143.00 per Hour
Additional Helper $94.00 per Hour
Video Log—Color with Downhole and Side-Scan $1,088.00 per DVD
Re-Video Log—Color with Downhole and Side-Scan $1,003.00 per DVD
Dynamic Video with Mini Camera $1,658.00 per DVD
Test Pump—Above 300-Hp Engine $272,00 per Hour
Test Pump--Below 300-Hp Engine $234.00 per Hour
1-Man Crew&Chemical Distribution Trailer, with Safety Equipment $225.00 per Hour
Engineering and Hydrogeology Support Per Job Basis
FIELD RATES ARE PORTAL TO PORTAL
For additional information on General Pump Company,Inc, or to speak with one of our qualified • ! a
Engineers,please contact us at:
GENERAL PUMP COMPANY,INC.
159 North Acacia Street,San Dimas,California 91773
Phone: (909)599-9606 o Tax; (909)599-6238 o E-mail;engineering@gemnimp.com
genpunip.com
Exhibit A.Page 2 of 2