AGENDA REPORT
Meeting Date: July 16, 2024
Item Number:
To: Honorable Mayor & City Council
From: Robert Welch, P.E., Utilities General Manager
Vince Damasse, P.E., Water Resources and Operations Manager Melissa Gomez, Senior Management Analyst
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND GENERAL PUMP COMPANY, INC. FOR WATER PUMP AND
WELL MAINTENANCE SERVICES; AND
APPROVAL OF A PURCHASE ORDER IN THE NOT-TOEXCEED AMOUNT OF $260,000 FOR FISCAL YEAR 2024/25 Attachments: 1. Agreement
RECOMMENDATION
Staff recommends that City Council approve the agreement with General Pump Company, Inc. for water pump and well maintenance services and approve a purchase order for Fiscal Year 2024/25 in the not-to-exceed amount of $260,000.
INTRODUCTION
The City of Beverly Hills operates a comprehensive water system encompassing wells, reservoirs, pump stations, and a water treatment plant. To ensure optimal operation and reliability of this infrastructure, specialized maintenance services for water pumps and wells are essential. These services include equipment maintenance and repair, well casing maintenance, well development and electrical repair, vibration analysis, alignment, and comprehensive documentation and reporting.
DISCUSSION
In May 2024, the City issued Bid 24-350-32 for On-Call Water Well and Miscellaneous Pump Related Maintenance and Repair Services through the PlanetBids platform. The bid solicited services such as unit costs for equipment, hourly labor charges for specialized machinery, electrical repairs, well cleaning and inspection, and detailed maintenance scenarios. Two key scenarios were evaluated:
Meeting Date: July 16, 2024
Scenario 1: Comprehensive maintenance at Well #6, including pump and motor replacement, valve inspection, well casing cleaning, video logging, and startup troubleshooting.
Scenario 2: Replacement of a malfunctioning motor at Greystone Reservoir Pumping Station, involving motor replacement and potential refurbishment.
Over 17 vendors downloaded the bid document; however, only two submitted proposals.
The bids were assessed based on criteria including experience, technical competence, adherence to timelines, quality control, cost efficiency, stability, references, and breadth of service. General Pump Company, Inc. emerged as the preferred contractor due to its extensive experience, qualified staffing, and significantly lower costs compared to Layne Christensen Company, as demonstrated below:
Scenario 1
Bidder Total Cost
General Pump Company, Inc. $73,874.21
Layne Christensen Company $249,713.34
Scenario 2
Bidder Total Cost
General Pump Company, Inc. $14,780.49
Layne Christensen Company $16,537.50
General Pump Company, Inc.'s competitive rates and comprehensive service capabilities make them the recommended choice for this agreement. The proposed contract, not to exceed $1,300,000 over five years, ensures cost-effective maintenance of the City's water infrastructure.
FISCAL IMPACT
Funding for this agreement is available within the approved FY 2024/25 Water Enterprise Fund budget.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
1 B0785-0001\2984018v2.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
GENERAL PUMP COMPANY, INC. FOR WATER PUMP AND
WELL MAINTENANCE SERVICES
NAME OF CONTRACTOR: General Pump Company, Inc.
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Jim Bruneio, General Manager CONTRACTOR’S ADDRESS: 159 N. Acacia Street
San Dimas, CA 91773
Attention: Jim Bruneio, General Manager
CONTRACTOR’S E.I.N/TAX I.D. NO.: 95-3551896
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: August 1, 2024
TERMINATION DATE: June 30, 2029
CONSIDERATION: Not to exceed $1,300,000.00, as more
particularly described in Exhibit B
DocuSign Envelope ID: 8ABB0702-6149-46F5-9254-ABE9631B74ED 2 B0785-0001\2984018v2.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
GENERAL PUMP COMPANY, INC. FOR WATER PUMP AND
WELL MAINTENANCE SERVICES
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”) and General Pump Company, Inc. (hereinafter called “CONTRACTOR”).
RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.
B. CONTRACTOR represents that it is qualified and able to perform the Scope of Work.
NOW, THEREFORE, the parties agree as follows:
Section 1. CONTRACTOR’s Scope of Work. CONTRACTOR shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONTRACTOR must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.
Section 2. Time of Performance.
CONTRACTOR shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY.
CONTRACTOR shall complete the performance of services by the Termination Date set forth above.
The City Manager or her designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.
Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONTRACTOR for the services and/or goods provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B.
CITY agrees to compensate CONTRACTOR for the services and/or goods provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B.
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(b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable). There shall be no claims for additional compensation for reimbursable expenses. (c) Additional Services.
CITY may from time to time require CONTRACTOR to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.
Section 4. Method of Payment. CITY shall pay CONTRACTOR said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.
Section 5. Independent Contractor. CONTRACTOR is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth. CONTRACTOR shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONTRACTOR without the prior written approval of the City Manager. Any attempt by CONTRACTOR to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
Section 7. Responsible Principal(s)
(a) CONTRACTOR’s Responsible Principal set forth above shall be principally responsible for CONTRACTOR’s obligations under this Agreement and shall serve as principal liaison between CITY and CONTRACTOR. Designation of another Responsible Principal by CONTRACTOR shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or her designee set forth above who shall administer the terms of the Agreement on behalf of CITY.
Section 8. Personnel. CONTRACTOR represents that it has, or shall secure at its own expense, all personnel required to perform CONTRACTOR’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.
Section 9. Permits and Licenses. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
Section 10. Interests of CONTRACTOR. CONTRACTOR affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONTRACTOR.
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Section 11. Insurance.
(a) CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONTRACTOR.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONTRACTOR in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) A policy or policies of Pollution Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence, combined single limit, against any personal injury, death, or loss of damage resulting from the wrongful or negligent acts by CONTRACTOR.
(b) CONTRACTOR shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONTRACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONTRACTOR shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
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(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONTRACTOR and its insurance carriers.
Section 12. Indemnification.
(a) CONTRACTOR agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR or any person employed by CONTRACTOR in the performance of this Agreement.
(b) All duties of CONTRACTOR shall survive termination or expiration of the Agreement.
Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONTRACTOR, CONTRACTOR shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.
CONTRACTOR shall have no other claim against CITY by reason of such termination, including any claim for compensation.
Section 14. CITY’s Responsibility. CITY shall provide CONTRACTOR with all pertinent data, documents, and other requested information as is available for the proper performance of CONTRACTOR’s Scope of Work.
Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONTRACTOR and compensated by CITY pursuant to this Agreement as CITY deems appropriate.
Section 16. Records Retention and Examination. CONTRACTOR shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONTRACTOR shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge.
CONTRACTOR shall make available all requested data and records at reasonable locations DocuSign Envelope ID: 8ABB0702-6149-46F5-9254-ABE9631B74ED 6 B0785-0001\2984018v2.doc
within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONTRACTOR shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONTRACTOR must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.
Section 17. Nondiscrimination by CONTRACTOR. In the performance of this Agreement, CONTRACTOR assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
Section 18. Prevailing Wage. CITY and CONTRACTOR acknowledge that this project is a public work to which prevailing wages apply. CONTRACTOR shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit D, attached hereto and incorporated herein by this reference.
Section 19. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
Section 20. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
Section 21. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONTRACTOR, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONTRACTOR.
Section 22. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any discrepancy between the express or implied subject matters of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
DocuSign Envelope ID: 8ABB0702-6149-46F5-9254-ABE9631B74ED 7 B0785-0001\2984018v2.doc
Section 23. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
Section 24. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.
Section 25. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
EXECUTED the day of 20___, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
A Municipal Corporation
LESTER J. FRIEDMAN
Mayor
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
CONTRACTOR: General Pump Company, Inc.
PETER BROOKS
Chief Executive Officer
GINGER CAMPBELL
Secretary
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
[Signatures Continue]
DocuSign Envelope ID: 8ABB0702-6149-46F5-9254-ABE9631B74ED 8 B0785-0001\2984018v2.doc
SHANA E. EPSTEIN
Director of Public Works
ROBERT WELCH
General Utilities Manager
SHARON L’HEUREUX DRESSEL
Risk Manager
ANTHONY RODSTEIN
Purchasing Services Manager
DocuSign Envelope ID: 8ABB0702-6149-46F5-9254-ABE9631B74ED 9 B0785-0001\2984018v2.doc
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CONTRACTOR shall provide CITY with water pump and well maintenance services at all CITY well and pumping station facilities as directed by CITY. Such services shall include, but not be limited to, the following:
1. Remove and reinstall pumps and any piping, pump, and/or motor replacement/repair.
2. Video log; swab and wire brush water well casings; repair of water well casings.
3. Water well development and redevelopment and electrical repair.
4. Vibration analysis (semi-annual); alignment checks.
5. Variable Frequency Drive unit repair/replacement.
6. Prepare detailed maintenance and cost breakdown reports in hard copy and electronic format for each repair and/or analysis for each piece of equipment at each site.
7. Provide recommendations for future upgrades and/or improvements.
8. Provide recommended preventative maintenance program for each piece of equipment at each site.
CONTRACTOR shall maintain all required Federal, State (A, C-57 and C-61) and Local licenses and permits.
II. INFECTIOUS DISEASE
A. CONTRACTOR shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention Non-Emergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.
B. CONTRACTOR shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.
C. CONTRACTOR shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.
DocuSign Envelope ID: 8ABB0702-6149-46F5-9254-ABE9631B74ED 10 B0785-0001\2984018v2.doc
EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONTRACTOR for the satisfactory performance of the work described in this Agreement in an amount not to exceed One Million Three Hundred Thousand Dollars ($1,300,000.00). CONTRACTOR shall furnish all materials, supplies, equipment, or services set forth herein at the rates indicated below.
In the event of an unforeseen condition or event, any price for labor or equipment must be negotiated by CITY and CONTRACTOR prior to initiating any work.
Markup: CONTRACTOR shall bill CITY not more than 20% plus actual costs for equipment and parts and shall provide to CITY proof of the actual costs of such equipment and/or parts.
Free on Board (F.O.B): All prices shall be F.O.B destination CITY; delivery to any point within CITY shall be without additional charge.
CONTRACTOR shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONTRACTOR said Consideration in accordance with the schedule of payment set forth in this Exhibit.
FY24/25 FY25/26 FY26/27 FY27/28
(if extended)
FY28/29
(if extended)
1 2-man crew and pump rig $ 290.00 $ 304.50 $ 319.73 $ 335.71 $ 352.50 2 3-man crew and pump rig $ 340.00 $ 357.00 $ 374.85 $ 393.59 $ 413.27 3 Rotary crane and 1-person crew $ 380.00 $ 399.00 $ 418.95 $ 439.90 $ 461.89 4 Rotary crane and 2-person crew $ 426.00 $ 447.30 $ 469.67 $ 493.15 $ 517.81 5 Service truck and field serviceman $ 169.00 $ 177.45 $ 186.32 $ 195.64 $ 205.42 6 Service truck and 2-person crew $ 230.00 $ 241.50 $ 253.58 $ 266.25 $ 279.57 7 Flatbed truck and driver $ 105.00 $ 110.25 $ 115.76 $ 121.55 $ 127.63 8 Additional helper $ 50.00 $ 52.50 $ 55.13 $ 57.88 $ 60.78 9 Control and instrumentation specialist $ 190.00 $ 199.50 $ 209.48 $ 219.95 $ 230.95 10 Shop labor $ 119.00 $ 124.95 $ 131.20 $ 137.76 $ 144.65 11 Overtime- addition to above rates $ 75.00 $ 78.75 $ 82.69 $ 86.82 $ 91.16 12 Wire brush or swab rental $ 200.00 $ 210.00 $ 220.50 $ 231.53 $ 243.10 13 Video log service color dual camera $ 1,000.00 $ 1,050.00 $ 1,102.50 $ 1,157.63 $ 1,215.51 14 Labor-portal to portal $ 180.00 $ 189.00 $ 198.45 $ 208.37 $ 218.79 15 Electrician $ 190.00 $ 199.50 $ 209.48 $ 219.95 $ 230.95 16 Vibration Analysis $ 150.00 $ 157.50 $ 165.38 $ 173.64 $ 182.33 17 Annual alignment checks and realignment
of each pump as listed above, if
necessary: $ 150.00 $ 157.50 $ 165.38 $ 173.64 $ 182.33 18 Percent (%) markup on equipment or
parts
19 Warranty
20 Delivery
Hourly Rates
20%
1 year
Emergency- Same day
Description
DocuSign Envelope ID: 8ABB0702-6149-46F5-9254-ABE9631B74ED 11 B0785-0001\2984018v2.doc
EXHIBIT C
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
NAMED INSURED COMPANIES AFFORDING COVERAGE
A.
B.
ADDRESS C.
COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER
EXPIRATION
DATE
B.I. LIMITS
P.D.
AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
CONTRACTOR'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION
It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: Contractor agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of contractor's officers, employees, agents or others employed by Contractor while engaged by Contractor in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.
Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
DATE: BY:
Authorized Insurance Representative
TITLE:
AGENCY: ADDRESS:
RM02.DOC REVISED 10/14/96.
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EXHIBIT D
Terms for Compliance with California Labor Law Requirements Section 1. CONTRACTOR acknowledges that the project as defined in this Agreement between CONTRACTOR and CITY, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. CONTRACTOR shall perform all work on the project as a public work. CONTRACTOR shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
Section 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
Section 3. CONTRACTOR shall be registered, if required, with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to CITY prior to the effective date of this Agreement. CONTRACTOR shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5.
CONTRACTOR and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If CONTRACTOR or any subcontractor cease to be registered with DIR at any time during the duration of the project, CONTRACTOR shall immediately notify CITY.
Section 4. Pursuant to Labor Code Section 1771.4, CONTRACTOR’s services are subject to compliance monitoring and enforcement by DIR. CONTRACTOR shall post job site notices, as prescribed by DIR regulations.
Section 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. CONTRACTOR acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONTRACTOR shall post such rates at each job site covered by this Agreement.
Section 6. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. CONTRACTOR shall, as a penalty to the CITY, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by CONTRACTOR or by any subcontractor.
Section 7. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Section 1776, which requires CONTRACTOR and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the CITY of the location of the records.
Section 8. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et DocuSign Envelope ID: 8ABB0702-6149-46F5-9254-ABE9631B74ED 13 B0785-0001\2984018v2.doc
seq. concerning the employment of apprentices on public works projects. CONTRACTOR shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, CONTRACTOR shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, CONTRACTOR and each of its subcontractors shall submit to the CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.
Section 9. CONTRACTOR acknowledges that eight hours labor constitutes a legal day’s work. CONTRACTOR shall comply with and be bound by Labor Code Section 1810.
CONTRACTOR shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. CONTRACTOR shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by CONTRACTOR or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of CONTRACTOR in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
Section 10. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Section 11. For every subcontractor who will perform work on the project, CONTRACTOR shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and CONTRACTOR shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. CONTRACTOR shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. CONTRACTOR shall diligently take corrective action to halt or rectify any failure.
Section 12. To the maximum extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend (at CONTRACTOR’s expense with counsel reasonably acceptable to the CITY) the CITY, its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONTRACTOR, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of CONTRACTOR under this Section shall survive termination of the Agreement.
DocuSign Envelope ID: 8ABB0702-6149-46F5-9254-ABE9631B74ED Certificate Of Completion
Envelope Id: 8ABB0702614946F59254ABE9631B74ED Status: Sent Subject: Complete with Docusign: General Pump Company, Inc. - Water Pump and Well Maintenance Services Source Envelope:
Document Pages: 13 Signatures: 7 Envelope Originator:
Certificate Pages: 3 Initials: 0 Erin Justus
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455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
Record Tracking
Status: Original
7/2/2024 9:30:32 AM
Holder: Erin Justus
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Ginger Campbell
[email protected]
Controller
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 47.181.160.184
Sent: 7/2/2024 9:39:45 AM
Resent: 7/3/2024 7:33:15 AM
Viewed: 7/3/2024 8:31:58 AM
Signed: 7/3/2024 8:32:08 AM
Electronic Record and Signature Disclosure:
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Peter Brooks
[email protected]
CEO
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 47.181.160.184
Sent: 7/2/2024 9:39:44 AM
Viewed: 7/2/2024 9:41:31 AM
Signed: 7/2/2024 9:41:37 AM
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Deborah R. Hakman
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.116.62.172
Signed using mobile
Sent: 7/3/2024 8:32:11 AM
Viewed: 7/3/2024 9:28:39 AM
Signed: 7/3/2024 9:28:58 AM
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Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.181
Sent: 7/3/2024 9:28:59 AM
Viewed: 7/5/2024 8:45:30 AM
Signed: 7/5/2024 8:45:37 AM
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Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
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(None)
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Using IP Address: 198.245.189.166
Sent: 7/5/2024 8:45:39 AM
Viewed: 7/5/2024 11:25:36 AM
Signed: 7/5/2024 11:25:44 AM
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Robert Welch
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.169.81.234
Signed using mobile
Sent: 7/5/2024 11:25:45 AM
Viewed: 7/5/2024 11:56:58 AM
Signed: 7/5/2024 11:57:25 AM
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Shana E. Epstein
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
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Using IP Address: 198.245.189.169
Sent: 7/5/2024 11:57:26 AM
Resent: 7/8/2024 7:40:58 AM
Viewed: 7/8/2024 8:46:16 AM
Signed: 7/8/2024 8:46:37 AM
Electronic Record and Signature Disclosure:
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Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
Security Level: Email, Account Authentication
(None)
Sent: 7/8/2024 8:46:39 AM
Electronic Record and Signature Disclosure:
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Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Lester J. Friedman
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Jessika Vasquez
[email protected]
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(None)
Electronic Record and Signature Disclosure:
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Keith Sterling
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Jackie Galeas
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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