18-1106_LEGEND PUMP & WELL SERVICE, INC._On-Call Maintenance and Repair Services AgreementCITY OF SAN JUAN CAPISTRANO
ON.CALL WELL AND PUMP MAINTENANCE AND REPAIR SERVICES
AGREEMENT - LEGEND WELL & PUMP SERVICE INC.
1. Parties And Date.
This Agreement is made and entered into this U day of
2018, by and between the City of San Juan Capistra no, a munrclpa I corporation
organized under the laws of the State of California with its principal place of business at
32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and Legend
Pump & Well Service lnc., a California Corporation with its principal place of business at
1324W. Rialto Avenue, San Bernardino, CA92410 ("Contractor''). City and Contractor
are sometimes individually referred to as "Par$" and collectively as "Parties" in this
Agreement.
2 Recitals.
2.1 Contractor
Contractor desires to perform and assume responsibility for the provision of
certain maintenance services required by the City on the terms and conditions set forth
in this Agreement and in the task orde(s) to be issued pursuant to this Agreement and
executed by the City and Contractor ("Task Orde/'). Contractor represents that it is
experienced in providing On-Call Well and Pump Maintenance and Repair Services to
public clients, that it and its employees or subcontractors have all necessary licenses
and permits to perform the Services in the State of California, and that is familiar with
the plans of City. Contractor will perform the Services and shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein,
without prior written approval of City. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such maintenance and repair
services for the On-Call Well and Pump Maintenance and Repair Services Project
("Project") as set forth in this Agreement on an on-call, as-needed basis. The Contractor
will perform the Project services in accordance with the approved Specifications,
Special Provisions, and the Standard Specification for Public Works Construction,
Latest Edition, and the Standard Specifications for the Construction of Domestic Water
and Recycled Water facility for Water Systems Repair. lncluding all supplements
therefore, on file in the Utilities Division Office of the City of San Juan Capistrano,
California. (The "Standard Specifications"). Services shall additionally be ordered by
Task Orde(s) to be issued pursuant to this Agreement for future projects as set forth
herein (each such project shall be designated a "Project" under this Agreement). There
is no guarantee of any of the Work of this project occurring, or that the full amount
specified in the section on compensation will be spent.
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3 Tenus.
3.1 Scope of Services and Term
3.1.1 General Scope of Services. Contractor promises and agrees to
furnish to the Ci$ all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the maintenance and repair
services necessary for the Project ("Services"). The types of Services to be provided
are generally described in Exhibit "4" attached hereto and incorporated herein by
reference. The Services shall be more particularly described in the individual Task
Orders issued by the City. No Services shall be performed unless authorized by a fully
executed Task Order in the form attached hereto as Exhibit "C". All Services shall be
subject to, and performed in accordance, with this Agreement, the relevant Task Order,
the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall commence on the date first
set forth above and expire one (1) year from the commencement date, unless earlier
terminated as provided herein. Contractor shall complete the Services within the term
of this Agreement, and shall meet any other established and mutually agreed upon
schedules and deadlines set forth in the Task Order. All applicable indemnification
provisions of this Agreement shall remain in effect following the termination of this
Agreement. The Parties may, by mutual, written consent, further extend the term of this
Agreement for two (2) additional one-year periods.
3.2 ResponsibilitiesofContractor
3.2.1 Control and Pavment of Subordinates: lndependent Contractor.
The Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Contractor on an independent contractor
basis and not as an employee. Contractor retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Contractor shall also not be
employees of City and shall at all times be under Contractor's exclusive direction and
control. Contractor shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and
as required by law. Contractor shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insu rance.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the specific
schedule that shall be set forth in the Task Order ("Schedule of Services"). Contractor
shall be required to commence pump and motor work within four hours of
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rece¡v¡ng a fully executed Task Order. Contractor shall be required to commence
well rehabilitation work within 72 hours of receiving a fully executed Task Order.
Contractor represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. ln order to facilitate
Contractor's conformance with each Schedule, the City shall respond to Contractor's
submittals in a timely manner. Upon the City's request, Contractor shall provide a more
detailed schedule of anticipated performance to meet the relevant Schedule of Services
as set forth in each Task Order.
3.2.3 Conformance to Applicable Requirements. All work undertaken by
Contractor shall be subject to the approval of City.
3.2.4 Citv's Representative. The City hereby designates the Director of
Utilities and Public Works(Director), or his or her designee, to act as its representative
for the performance of this Agreement ("City's Representative"). City's Representative
shall have the power to act on behalf of the City for all purposes under this Agreement.
Contractor shall not accept direction or orders from any person other than the City's
Representative or his or her designee.
3.2.5 Contractor's Representative. Contractor hereby designates Keith
Collier, or his or her designee, to act as its representative for the performance of this
Agreement ("Contractor's Representative"). Contractor's Representative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this
Agreement. The Contractor's Representative shall supervise and direct the Services,
using his or her best skill and attention, and shall be responsible for all means,
methods, techniques, sequences and procedures and for the satisfactory coordination
of all portions of the Services under this Agreement and as described in the relevant
Task Order.
3.2.6 Coordination of Services. Contractor agrees to work closely with
City staff in the performance of Services and shall be available to Ci$'s statf,
consultants and other staff at all reasonable times.
3,2.7 Standard of Care; Performance of Employees. Contractor shall
perform all Services under this 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. Contractor represents and maintains
that it is skilled in the professional calling necessary to perform the Services. Contractor
warrants that all employees and subcontractors, if any, shall have sufficient skill and
experience to perform the Services assigned to them. Finally, Contractor represents
that it, its employees and subcontractors, if any, have all licenses, permits, qualifications
and approvals of whatever nature that are legally required to perform the Services,
including a city or county business license, and that such licenses and approvals shall
be maintained throughout the term of this Agreement. ln addition, Contractor shall
possess a valid State of California C-57 (Well Drilling) Contractors License. The City
shall have the right to request a copy of any license for the purposes of verification. As
provided for in the indemnification provisions of this Agreement, Contractor shall
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perform, at its own cost and expense and without reimbursement from the City, any
services necessary to correct errors or omissions which are caused by the Contractor's
failure to comply with the standard of care provided for herein. Any employee of the
Contractor or its sub-contractors who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the
Services in a manner acceptable to the City, shall be promptly removed from the Project
by the Contractor and shall not be re-employed to perform any of the Services or to
work on the Project.
3.2.8 Period of Performance. Contractor shall perform and complete all
Services under this Agreement within the term set forth in Section 3.1.2 above
("Performance Time"). Contractor shall perform the Services in strict accordance with
any completion schedule or Project milestones described in this Agreement and any
Task Order issued by the City, or which may be provided separately and agreed upon in
writing by the Parties. Contractor shall be responsible for the cost of any damages
suffered by the City by reason of delay caused by Contractor, its employees or
subcontractors, if any.
3.2.9 Disputes. Should any dispute arise respecting the true value of any
work done, of any work omitted, or of any extra work which Contractor may be required
to do, or respecting the size of any payment to Contractor during the performance of
this Agreement, Contractor shall continue to perform the Services while said dispute is
decided by the City. lf Contractor disputes the City's decision, Contractor shall have
such remedies as may be provided by law.
3.2.10 Laws and Requlations: Emplovee/Labor Certifications. Contractor
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 Ca|/OSHA requirements, and shall give all notices required by
law. Contractor shall be liable for all violations of such laws and regulations in
connection with Services. lf the Contractor performs any work knowing it to be contrary
to such laws, rules and regulations and without giving written notice to the City,
Contractor shall be solely responsible for all costs arising therefrom. City is a public
entity of the State of California subject to certain provisions of the Health & Safety Code,
Government Code, Public Contract Code, and Labor Code of the State. lt is stipulated
and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Agreement to the same extent as though set forth herein
and will be complied with. These include but are not limited to the payment of prevailing
wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and
that no worker shall be permitted to work in excess of eight (8) hours during any one
calendar day except as permitted by law. Contractor shall defend, indemnify and hold
City, its officials, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
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3.2.10.1 Employment Eligibilitv: Contractor. By executing this
Agreement, Contractor 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 lmmigration Reform and ControlAct of 1986, as may be
amended from time to time. Such requirements and restrictions include, but are not
limited to, examination and retention of documentation confirming the identity and
immigration status of each employee of the Contractor. Contractor also verifies that it
has not committed a violation of any such law within the five (5) years immediately
preceding the date of execution of this Agreement, and shall not violate any such law at
any time during the term of the Agreement. Contractor shall avoid any violation of any
such law during the term of this Agreement by participating in an electronic verification
of work authorization program operated by the United States Department of Homeland
Security, by participating in an equivalent federal work authorization program operated
by the United States Department of Homeland Security to verify information of newly
hired employees, or by some other legally acceptable method. Contractor shall
maintain records of each such verification, and shall make them available to the Cig 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 Contractor's
compliance with the requirements provided for in Section 3.2.10 or any of its sub-
sections.
3.2.10.2 Emplovment Eliqibilitv: Subcontractors. Sub-
subcontraefo rs and consultants. To the same extent and under the same conditions as
Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and
consultants, if any, performing any work relating to the Project or this Agreement to
make the same verifications and comply with all requirements and restrictions provided
for in Section 3.2.10.
3.2.10.3 Emolovment Elioibil Failure to Complv. Each
person executing this Agreement on behalf of Contractor verifies that they are a duly
authorized officer of Contractor, and understands that any of the following shall be
grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its
subcontracts, sub-subcontractors or consultants, if any, to meet any of the requirements
provided for in Sections 3.2.10.1; (2) any misrepresentation or material omission
concerning compliance with such requirements (including in those verifications provided
to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the
Prolect any person found not to be in compliance with such requirements.
3.2.10.4 Labor Certification By its signature hereunder,
Contractor 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.
3.2.10.5 Eoual Oonorfu nitv Emolovment.Contractor
represents that it is an equal opportunity employer and it shall not discriminate against
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any subcontractor, if any, employee or applicant for employment because of race,
religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Contractor shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted
3.2.10.6 Air Qualitv. Contractor must fully comply with all
applicable laws, rules and regulations in furnishing or using equipment and/or providing
services, including, but not limited to, emissions limits and permitting requirements
imposed by the California Air Resources Board (CARB). Contractor shall specifically be
aware of the CARB limits and requirements application to "portable equipment", which
definition is considered by CARB to include any item of equipment with a fuel-powered
engine. Contractor shall indemnify City against any fines or penalties imposed by
CARB, or any other governmental or regulatory agency for violations of applicable laws,
rules and/or regulations by Contractor, it subcontractors, if any, or others for whom
Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.7 Water Qualitv
(A) Manaqement and Compliance. To the extent
applicablq, Contractor's Services must account for, and fully comply with, all local, state
and federal laws, rules and regulations that may impact water quality compliance,
including, without limitation, all applicable provisions of the Federal Water Pollution
Control Act (33 U.S.C. SS 1300); the California Porter-Cologne Water Quality Control
Act (CalWater Code SS 13000-14950); laws, rules and regulations of the Environmental
Protection Agency and the State Water Resources Control Board, the City's ordinances
regulating discharges of storm water; and any and all regulations, policies, or permits
issued pursuant to any such authority regulating the discharge of pollutants, as that
term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface
water in the state.
(B) Liabilitv for Non-Compliance. Failure to comply with
the laws, regulations and policies described in this Section is a violation of law that may
subject Contractor or City to penalties, fines, or additional regulatory requirements.
Contractor shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers and agents free and harmless, pursuant to the indemnification provisions of
this Agreement, from and against any and all fines, penalties, claims or other regulatory
requirements imposed as a result of Contractor's non-compliance with the laws,
regulations and policies described in this Section, unless such non-compliance is the
result of the sole established negligence or willful misconduct of the City, its officials,
officers, agents, employees or authorized volunteers.
(C) Traininq. ln addition to any other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and
subcontractors, if any, shall have sufficient skill and experience to perform the Services
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assigned to them without impacting water quality in violation of the laws, regulations and
policies described in this Section. Contractor further warrants that it, its employees and
subcontractors, if any, will receive adequate training, as determined by City, regarding
the requirements of the laws, regulations and policies described in this Section as they
may relate to the Services provided under this Agreement. Upon request, City will
provide Contractor with a list of training programs that meet the requirements of this
paragraph.
3.2.11 lnsurance.
3.2.11.1 Time for Compliance. Contractor shall not commence
Services under this Agreement until it has provided evidence satisfactory to the City that
it has secured all insurance required under this Section. ln addition, Contractor shall
not allow any subcontractor, if any, to commence work on any subcontract until it has
provided evidence satisfactory to the City that the subcontractor has secured all
insurance required under this Section.
3.2.11.2 Minimum Requirements. Contractor shall, at its
expense, procure and maintain for the duration of the Agreement insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the Agreement by the Contractor, its agents,
representatives, employees or subcontractors. Contractor shall also require all of its
subcontractors to procure and maintain the same insurance for the duration of the
Agreement. Such insurance shall meet at least the following minimum levels of
coverage:
(A) Minimum Scope of lnsurance. Coverage shall be at
least as broad as the latest version of the following: (1) General Liability. lnsurance
Services Office Commercial General Liability coverage (occurrence form CG 0001) OR
lnsurance Services Office Owners and Contractors Protective Liability Coverage Form
(CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile
Liability. lnsurance Services Office Business Auto Coverage form number CA 0001,
code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers'
Compensation insurance as required by the State of California and Employer's Liability
lnsurance. The policy shall not contain any exclusion contrary to the Agreement,
including but not limited to endorsements or provisions limiting coverage for (1)
contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross
liability for claims or suits by one insured against another.
(B) Minimum Limits of lnsurance. Contractor shall
maintain limits no less than: (1) General Liability: $2,000,000 per occurrence,
$4,000,000 aggregate for bodily injury, personal injury and property damage. lf
Commercial General Liability lnsurance or other form with general aggregate limit is
used including, but not limited to, form CG 2503, either the general aggregate limit shall
apply separately to this AgreemenVlocation or the general aggregate limit shall be twice
the required occurrence limit; (2) Automobile Liability: $2,000,000 per accident, for
bodily injury and property damage; and (3) Workers' Compensation and Employer's
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Liability: Workers' Compensation limits as required by the Labor Code of the State of
California. Employer's Liability limits of $2,000,000 per occurrence, per accident for
bodily injury or disease. Defense costs shall be available in addition to the limits.
Notwithstanding the minimum limits specified herein, any available coverage shall be
provided to the parties required to be named as additional insureds pursuant to this
Agreement.
(C) Notices: Cancellation or Reduction of Coveraqe. At
leastfifteen (15) days priorto the expiration of any such policy, evidence showing that
such insurance coverage has been renewed or extended shall be filed with the City. lf
such coverage is cancelled ormaterially reduced, Contractorshall, within ten (10) days
after receipt of written notice of such cancellation or reduction of coverage, file with the
City evidence of insurance showing that the required insurance has been reinstated or
has been provided through another insurance company or companies. ln the event any
policy of insurance required under this Agreement does not comply with these
specifications or is canceled and not replaced, the City has the right but not the duty to
obtain the insurance it deems necessary and any premium paid by the City will be
promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay
premium from Contractor payments. ln the alternative, the City may suspend or
term inate th is Agreement.
(D) Additional lnsured. The City of San Juan Capistrano,
its officials, officers, employees, agents, and volunteers shall be named as additional
insureds on Contractor's and its subcontractors' policies of commercial general liability
and automobile liability insurance using the endorsements and forms specified herein or
exact equivalents.
3.2.11.3 lnsurance Endorsements. The insurance policies
shall contain the following provisions, or Contractor shall provide endorsements on
forms supplied or approved by the City to add the following provisions to the insurance
policies:
(A) General Liabilitv. The general liability policy shall
include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20
37, or endorsements providing the exact same coverage, the City of San Juan
Capistrano, its officials, officers, employees, agents, and volunteers shall be covered as
additional insured with respect to the Services or ongoing and complete operations
performed by or on behalf of the Contractor, including materials, parts or equipment
furnished in connection with such work; and (2) using ISO form 20 01, or endorsements
providing the exact same coverage, the insurance coverage shall be primary insurance
as respects the City, its officials, officers, employees, agents, and volunteers, or if
excess, shall stand in an unbroken chain of coverage excess of the Contractor's
scheduled underlying coverage. Any excess insurance shall contain a provision that
such coverage shall also apply on a primary and noncontributory basis for the benefit of
the City, before the City's own primary insurance or self-insurance shall be called upon
to protect it as a named insured. Any insurance or self-insurance maintained by the
City, its officials, officers, employees, agents, and volunteers shall be excess of the
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Contractor's insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available
insurance proceeds in excess of the specified minimum limits of coverage shall be
available to the parties required to be named as additional insureds pursuant to this
Section 3.2.11.3(A).
(B)Automobile Liabilitv The automobile liability policy
shall include or be endorsed (amended) to state that: (1)the City, its officials, officers,
employees, agents, and volunteers shall be covered as additional insureds with respect
to the ownership, operation, maintenance, use, loading or unloading of any auto owned,
leased, hired or borrowed by the Contractor or for which the Contractor is responsible;
and (2) the insurance coverage shall be primary insurance as respects the City, its
officials, officers, employees, agents, and volunteers, or if excess, shall stand in an
unbroken chain of coverage excess of the Contractor's scheduled underlying coverage.
Any insurance or self-insurance maintained by the City, its officials, officers, employees,
agents, and volunteers shall be excess of the Contractor's insurance and shall not be
called upon to contribute with it in any way. Notwithstanding the minimum limits set
forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified
minimum limits of coverage shall be available to the parties required to be named as
additional insureds pursuant to this Section 3.2.11.3(B).
(C) Workers' Compensation and Emplover's Liabilitv
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its
officials, officers, employees, agents, and volunteers for losses paid under the terms of
the insurance policy which arise from work performed by the Contractor.
(D) All Coveraoes. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended,
voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of
premium) prior written notice by certified mail, return receipt requested, has been given
to the City; and (B) any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage provided to the City,
its officials, officers, employees, agents, and volunteers. Any failure to comply with
reporting or other provisions of the policies including breaches of warranties shall not
affect coverage provided to the City, its officials, officers, employees, agents and
volunteers, or any other additional insureds.
3.2.11.4 Separation of lnsureds: No Soecial Limitations:
Waiver of Subroqation. All insurance required by this Section shall contain standard
separation of insureds provisions. ln addition, such insurance shall not contain any
special limitations on the scope of protection afforded to the City, its officials, officers,
employees, agents, and volunteers. All policies shall waive any right of subrogation of
the insurer against the City, its officials, officers, employees, agents, and volunteers, or
any other additional insureds, or shall specifically allow Contractor or others providing
insurance evidence in compliance with these specifications to waive their right of
recovery prior to a loss. Contractor hereby waives its own right of recovery against City,
its officials, officers, employees, agents, and volunteers, or any other additional
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insureds, and shall require similar written express waivers and insurance clauses from
each of its subcontractors.
3.2.11.5 Deductibles and Self-lnsurance Retentions.Any
deductibles or self-insured retentions must be declared to and approved by the City.
Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects the City, its
officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure
a bond guaranteeing payment of losses and related investigation costs, claims and
administrative and defense expenses.
3.2.11.6 Subcontractor lnsurance Requirements. Contractor
shall not allow any subcontractors to commence work on any subcontract relating to the
work under the Agreement until they have provided evidence satisfactory to the City that
they have secured all insurance required under this Section. lf requested by Contractor,
the City may approve different scopes or minimum limits of insurance for particular
subcontractors. The Contractor and the City shall be named as additional insureds on
all subcontractors' policies of Commercial General Liability using ISO form 20 38, or
coverage at least as broad.
3.2.11.7 Acceptabilitv of lnsurers. lnsurance is to be placed
with insurers with a current A.M. Best's rating no less than A:Vlll, licensed to do
business in California, and satisfactory to the City.
3.2.11.8 Verification of Coveraqe. Contractor shall furnish City
with original certificates of insurance and endorsements effecting coverage required by
this Agreement on forms satisfactory to the City. The certificates and endorsements for
each insurance policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf, and shall be on forms provided by the City if requested. All
certificates and endorsements must be received and approved by the City before work
commences. The City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
3.2.11.9 Reportinq of Claims. Contractor shall report to the
City, in addition to Contractor's insurer, any and all insurance claims submitted by
Contractor in connection with the Services under this Agreement.
3.2.12Safety. Contractor shall execute and maintain its work so as to
avoid injury or damage to any person or property. ln carrying out its Services, the
Contractor shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety
of employees appropriate to the nature of the work and the conditions under which the
work is to be performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and lifesaving equipment and procedures; (B)
instructions in accident prevention for all employees and subcontractors, if any, such as
safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space
procedures, trenching and shoring, equipment and other safety devices, equipment and
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wearing apparel as are necessary or lawfully required to prevent accidents or injuries;
and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. Not required
3.2.13.2 Payment Bond. Contractor shall execute and provide
to City concurrently with this Agreement a Payment Bond in the amount of the Total
Compensation indicated in this Agreement, and in the form provided by the City
attached hereto as Exhibit "D". lf such bond is required, no payment will be made to
Contractor until it has been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City's sole opinion, any
bond become insufficient or any surety be found to be unsatisfactory, Contractor shall
renew or replace the affected bond within 10days of receiving notice from Ci$. ln the
event the surety or Contractor intends to reduce or cancel any required bond, at least
thirty (30) days prior written notice shall be given to the City, and Contractor shall post
acceptable replacement bonds at least ten (10) days prior to expiration of the original
bonds. No further payments shall be deemed due or will be made under this
Agreement until any replacement bonds required by this Section are accepted by the
City. To the extent, if any, that the total compensation is increased in accordance with
the Agreement, the Contractor shall, upon request of the City, cause the amount of the
bonds to be increased accordingly and shall promptly deliver satisfactory evidence of
such increase to the City. To the extent available, the bonds shall further provide that
no change or alteration of the Agreement (including, without limitation, an increase in
the total compensation, as referred to above), extensions of time, or modifications of the
time, terms, or conditions of payment to the Contractor, will release the surety. lf the
Contractor fails to furnish any required bond, the City may terminate this Agreement for
cause.
3.2.13.4 Suretv Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California-admitted surety with a current A.M. Best's
rating no less than A:Vlll and satisfactory to the City. lf a California-admitted surety
insurer issuing bonds does not meet these requirements, the insurer will be considered
qualified if it is in conformance with Section 995.660 of the California Code of Civil
Procedure, and proof of such is provided to the City.
3.2.1 Accountinq Records. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement.
All such records shall be clearly identifiable. Contractor shall allow a representative of
City during normal business hours to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement. Contractor
shall allow inspection of all work, data, documents, proceedings, and activities related to
6 I 147.021 00\3 I 304788. I
1l
the Agreement for a period of three (3) years from the date of final payment under this
Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates
set forth in Exhibit "8" attached hereto and incorporated herein by reference. The
maximum compensation for Services to be provided pursuant to each Task Order shall
be set forth in the relevant Task Order. The cost of travel time, bonds, insurance, office
support, accounting, regulatory compliance, and other business expenses are covered
under the allowed percentage of Overhead and Profit entered on Exhibit "B;" and will
not be allowed as a direct expense. The total compensation to be provided under this
Agreement, in the aggregate, shall not exceed Forty Five Thousand Dollars ($45,000)
("Total Compensation") without written approval of the City. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 Pavment of Compensation. Contractor shall submit to City a
monthly itemized statement which indicates work completed and hours of Services
rendered by Contractor. The statement shall describe the amount of Services and
supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City shall,
within 30 days of receiving such statement, review the statement and pay all approved
charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City
may request that Contractor perform Extra Work. As used herein, "Extra Work" means
any work which is determined by City to be necessary for the proper completion of the
Project, but which the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Contractor shall not perform, nor be compensated for,
Extra Work without written authorization from City's Representative.
3.3.5 California Labor Code Requirements
3.3.5.1 Contractor is aware of the requirements of California
Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of
prevailing wage rates and the performance of other requirements on certain "public
works" and "maintenance" projects ("Prevailing Wage Laws"). lf 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,
Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall
defend, indemnify and hold the City, its officials, officers, employees and agents free
and harmless from any claims, liabilities, costs, penalties or interest arising out of any
6l 147.02 100\3 I 304788 1
t2
failure or alleged failure to comply with the Prevailing Wage Laws. lt shall be mandatory
upon the Contractor and all subcontractors 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 Section 1777.1). The requirement to submit certified 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 prolect
exemption specified in Labor Code Section 1771.4.
3.3.5.2 lf 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 Contractor and all subcontractors performing such
Services must be registered with the Department of lndustrial Relations. Contractor
shall maintain registration for the duration of the Project and require the same of any
subcontractors, 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.
3.3.5.3 This Agreement may also be subject to compliance
monitoring and enforcement by the Department of lndustrial Relations. lt shall be
Contractor's sole responsibility to comply with all applicable registration and labor
compliance requirements. Any stop orders issued by the Department of lndustrial
Relations against Contractor or any subcontractor that affect Contractor's performance
of Services, including any delay, shall be Contractor's sole responsibility. Any delay
arising out of or resulting from such stop orders shall be considered Contractor caused
delay and shall not be compensable by the City. Contractor 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 lndustrial
Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Contractor of such termination, and specifying the effective date
thereof, at least seven (7) days before the effective date of such termination. Contractor
may, by written notice to City, terminate the whole or any part of this Agreement at any
time and without cause by giving wrjtten notice to City of such termination, and
specifying the effective date thereof, at least thirty (30) days before the effective date of
such termination. Upon termination, Contractor shall be compensated only for those
services which have been adequately rendered to City, and Contractor shall be entitled
to no further compensation.
6 I 147.02100\3 I 304788. 1
13
3.4.2 Effect of Termination. lf this Agreement is terminated as provided
herein, City may require Contractor to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Contractor in connection with the
performance of Services under this Agreement. Contractor shall be required to provide
such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. ln the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such
manner as it may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Deliverv of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
Contractor:
Legend Pump & Well Service lnc.
1324W. Rialto Avenue
San Bernardino, CA92410
Attn: Keith Collier, President
Gity:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Steve May, Director of Public Works and Utilities
Such notice shall be deemed made when personally delivered or when
mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid
and addressed to the party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.2 lndemnification.
3.5.2.1 Scope of lndemnitv. To the fullest extent permitted by
law, Contractor shall defend, indemnify and hold the City, its directors, 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 alleged acts, errors or omissions of Contractor, its
officials, officers, employees, subcontractors, if any, consultants or agents in connection
with the performance of the Contractor's Services, the Project, this Agreement, or any
Task Order, including without limitation the payment of all consequential damages,
expert witness fees and attorneys' fees and other related costs and expenses, except
6 l 147.021 00\3 r 304788. l
t4
for any claims, demands, causes of action, costs, expenses, liabilities, losses, damage
or injuries arising through the sole negligence or willful misconduct of the City, or its
officials, directors, officers, employees, agents or independent contractors.
3.5.2.2 Additional lndemn itv Obliqations. Contractor shall
defend, with Counsel of City's choosing and at Contractor's own cost, expense and risk,
any and all claims, suits, actions or other proceedings of every kind covered by Section
3.5.2.1 that may be brought or instituted against the City or its directors, officials,
officers, employees, volunteers and agents. Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against the Ci$ or its directors,
officials, officers, employees, volunteers and agents as part of any such claim, suit,
action or other proceeding, except for any judgments, awards or decrees arising
through the sole negligence or willful misconduct of City, or its officials, directors,
officers, employees, agents or independent contractors. Contractor shall also
reimburse City for the cost of any settlement paid by the City or its directors, officials,
officers, employees, agents or volunteers as part of any such claim, suit, action or other
proceeding, except for any costs of settlements arising through the sole negligence or
willful misconduct of the City, or its officials, directors, officers, employees, agents or
independent contractors. Such reimbursement shall include payment for City's
attorney's fees and costs, including expert witness fees. Contractor shall reimburse the
City and its directors, officials, officers, employees, agents, and/or volunteers, for any
and all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided, except for any legal expenses and costs
arising through the sole negligence or willful misconduct of the City, or its officials,
directors, officers, employees, agents or independent contractors. Contractor's
obligation to indemnify shall survive expiration or termination of this Agreement, and
shall not be restricted to insurance proceeds, if any, received by the City, its directors,
officials officers, employees, agents, or volunteers.
3.5.3 Governinq Law: Government Code Claim Compliance. This
Agreement shall be governed by the laws of the State of California. Venue shall be in
Orange County. ln 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, Contractor 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 to those matters that remain unresolved after all
procedures pertaining to extra work, disputed work, claims, and/or changed conditions
have been followed by Contractor. lf no such Government Code claim is submitted, or if
any prerequisite contractual requirements are not otherwise satisfied as specified
herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against
the City.
3.5.4 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
6 1 147.021 00\3 I 304788. I
l5
3.5.5 City's Riqht to Employ Other Contractors. City reserves right to
employ other contractors in connection with this Project.
3.5.6 Successors and Assiqns This Agreement shall be binding on the
successors and assigns of the parties.
3.5.7 Assiqnment or Transfer Contractor shall not assign, hypothecate
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.8 Construction: References: Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for
or against any Pafi. Any term referencing time, days or period for performance shall
be deemed calendar days and not work days. All references to Contractor include all
personnel, employees, subcontractors, if any, and agents of Contractor, except as
otherwise specified in this Agreement. All references to City include its elected officials,
officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience
and ease of reference only, and do not define, limit, augment, or describe the scope,
content or intent of this Agreement.
3.5.9 Amendment; Modification No supplement, modification or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.10Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party any contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Partv Beneficiaries Except to the extent expressly
provided for in Section 3.5.7, there are no intended third party beneficiaries of any right
or obligation assumed by the Parties.
3.5.12lnvaliditv: Severabilitv. lf any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in fullforce and effect.
3.5.13Prohibited lnterests. Contractor maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Contractor, to solicit or secure this Agreement. Further, Contractor
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Contractor, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. Contractor further agrees to file, or shall cause its
6t 147.021 00\3 I 304788. 1
l6
employees or subcontractors, if any, to file, a Statement of Economic lnterest with the
City's Filing Officer as required under state law in the performance of the Services. For
breach or violation of this warranty, City shall have the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer or employee of City,
during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation: Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.15Attornev's Fees. lf either party commences an action against the
other party, either legal, administrative or othenryise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorney's fees and all other costs of such
action.
3.5.16Authoritv to Enter Aqreement. Contractor has all requisite power
and authority to conduct its business and to execute, deliver, and perform the
Agreement. Each Party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each
respective Party.
3.5.17 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
3.5.18 Entire Aqreement. This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both parties.
3.5.19Recitals. The recitals set forth above are true and correct and
incorporated herein by reference.
[signatures on following page]
6 I 147.02 I 00\3 I 304788. I
17
t n lN W|TNqSS.WHEBFOF, the Parties have entered into this Agreement as of thel0 aay ot NrÀlîtAQ.QJ/ , 2018.
SÜG¡{ATTrePIGE FOR ON.CALL WELL AND PUMP MAINTENANCE SERVICES
AGæ€TEI{T BETWEEN THE CITY OF SAN JUAN CAPISTRANO
A¡It¡ LEGEND PUMP & WELL SERVICE INC.
CITY OF SAN JUAN CAPISTRANO LEGEND P MP & WELL SERVICE INC
Approved By:
ature
ity Ma /1" a r,{t,'a,.-
ll-f-rc Name
/r,r '/t*^ hÐate
A
Clerk
Approved As To Form:
/o-1 - /f
Title
Date
61 147.02t00u r304788.t
l8
EXHIBIT "A''
SCOPE OF SERVICES
The Contractor is tasked to perform on-call and as-needed well and pump maintenance
and repair services pursuant to Task Orders issued by the City.
Such Services may include, but are not limited to, the following work activities:
A. The repair of Wells and Pumps of the production and distribution system. The
Contractor will perform the Pro¡ect services in accordance with the approved
Specifications, Special Provisions, and the Standard Specification for Public Works
Construction, Latest Edition, and the Standard Specifications for the Construction of
Domestic Water and Recycled Water facility for Water Systems Repair. lncluding all
supplements therefore, on file in the Utilities Division Office of the City of San Juan
Capistrano, California. (The "Standard Specifications") The following are examples
of the typical work to be performed, but does not constitute all the work needed in
the fulfillment of the needs of the City.
. Replace existing equipment. Relocate existing equipment. Any and all repairs and relocations needed in the event of a natural
disaster.
. Provide Labor, Equipment, from respective lists in (Exhibit B) on an hourly
basis.
. Provide Materialfrom Material list in (Exhibit B) at rates shown.
o Provide Specific Well and or Pump Work on a unit cost basis from
respective lists in (Exhibit B).
¡ Perform fixed lump sum work for specific conditions and work per quoted
cost on Exhibit B.
B. Pump and motor repair work required during regular working hours, work after
hours, or on weekends requires a response on site within four (4) hours of receipt
of a Work Order. Well rehabilitation work requires a response within four (4)
hours of a receipt of a Work Order, and actual mobilization within 72 hours of
receipt of a Work Order.
C. All emergency work will be done on a time and material basis plus normal markups
as offered in the Contractor's proposal in Attachment "8". Daily reports will be
prepared and submitted to the City per section 3-3.3 of the Green Book. All work will
6 I 147.02 I 00\3 I 304788. I
be performed in compliance with the City's standard specifications and the
requirements of the City.
D. The Contractor will be responsible for supplying all labor, equipment, and materials
needed as requested by City personnel to complete any job assigned by the City.
The City will furnish as agreed upon prior to start of work or on an as needed basis
any required materials not supplied by the contractor. The City will call Underground
Service Alert (USA) for utility locations prior to the start of work. The City will acquire
all permits from the governing agencies as required. ln the event that a conflict or
contradiction is discovered between the proposal language and the City's standard
contract terms, the Cityls standard contract terms shall prevail.
E. The Contractor shall be responsible and shall take necessary precautions to prevent
public trespass into areas of work, during and following construction, until that time
that the area is opened again to the public for their use.
F. Rubbish and construction debris shall be disposed of to an approved dump site.
After removal operations have been completed, the grounds shall be left in a neat
and presentable condition, satisfactory to the City representative.
G. The Contractor shall verify the location of all utilities prior to construction and shall
be held liable for all damages incurred due to his operations.
H. When saw cutting, all water and residue shall be detained and vacuumed prior to
entrance into the storm drain. Vacuumed construction water shall be properly
disposed of. The Contractor is subject to severe fines and penalties should he/she
allow construction water to enter the storm drain or creek system.
During construction the Contractor shall provide street sweeping as necessary to
meet the requirements of the City of San Juan Capistrano National Pollution
Discharge Elimination System Program (NPDES).
J. The Contractor shall provide storm drain pollution protection per the City NPDES
Program.
K. Per City Council Policy 601, an Archeological Monitor is required to be onsite during
all excavations in excess of 18 inches. ln the event that an Archeological Monitor is
required the City shall provide the Monitor at the City's expense.
L. The Contractor shall provide traffic control per the Manual on Uniform Traffic Control
Devices (M U T. C. D. Manual).
6 l 147.02 100\3 l 304788 1
M. Work shall proceed in an orderly manner. Wherever possible, repair work shall be
completely finished prior to workmen proceeding to the next location. Any exceptions
shall be approved by the City representative.
N. The City reserves the right to increase or decrease the quantity of any item or
portion of the work or to omit portions of the work as may be deemed necessary or
advisable by the City. The City representative may make such alterations or
deviations, additions to, or omissions from these specifications, as may be
determined during the progress of the work to be necessary and advisable for the
proper completion thereof. Such alterations or deviations, additions or omissions
shall in no way affect or make void the contract. Upon written order of a City
representative, Contractor shall proceed with the work as increased, decreased or
altered.
O. The City representative will make inspections and determine that the work has been
completed in all respects in accordance with these specifications.
P. The On-Call Well and Pump Maintenance and Repair Services are to be provided on
an "as needed and when requested" basis. Work will ordinarily be performed
between the hours of 7:00 AM and 6:00 PM, Monday through Friday. During
emergencies, work may be required at other than normal hours. The Contractor
must receive the approval of the Utilities Director or his/her authorized
representative prior to commencing work during hours outside those stated above.
Q. Work will not be performed without prior approval and only as authorized by a City
representative. The selective repairs and/or maintenance approach should be
performed using a "find iVfix it" approach that consists of four primary steps:
1. Meet with City staff to discuss the proposed work
2. Conduct a site-walk to evaluate field conditions
3. Prepare an itemized cost estimate for proposed work
4. Prepare and execute a task order for proposed work
R. Contractor is required to maintain an office within a S5-mile travel distance of the
City.
S. Contractor shall provide the City with the name of a contact person and a telephone
number where he/she can be reached twenty-four (24) hours a day. This person
must be available for emergency work scheduling at all times. Contractor shall be
able to respond to emergency work requests within one hour of notification by City
6 I 147.021 00\3 1 304788. l
and have crews available at the event location site within four (4) hours and shall be
considered part of the normal contract except when delayed by problems caused by
vehicle accidents or Acts of God.
T. The Contractor shall provide the City at all times throughout the duration of this
contract emergency telephone numbers of at least two (2) qualified persons who can
be called for emergency conditions at any time that Contractor's representatives are
not immediately available at the job site. An alternate emergency number shall be
provided in case no answer is received at the first number. The emergency number
shall be used to contact the representative of the Contractor who can take the
necessary action required to alleviate an emergency condition which threatens to
cause damage to any City property.
61 147.021 00\3 I 304788. 1
EXHIBIT "B''
COMPENSATION
6l 147.02100\3 I 304788. I
ûualiücations Response Form,-,On Call Maintenance Farts and lVtaterials(21F-or any ært not appllxble. please note w/ l{lA'{3}All meQrftilfrþ*,arc to ¡ob s¡te, nc&rdlrry alt taxes lrclslrt q¡d handting' . ,irr."ttasô¡Vine:City,,intfrercourseofonåtyear.. Wherel,orlese,may,bepurchasêdinthei€ôurs€'oftheyeârthequânlify statactr is 1.,S l¿, .lirn-"tuJg1s LpQê* . ",;Dcl&ıis.ärö.InjiofJ,ri:ljl.l)!,fetg'¡clt¡,,ro&,Þ.tl¡èL¡t¡llls *ra:---,--,--=¡*cf¡rortiö6À'lI s aaå!-------9@¡¡ /,+,EA.Ë.A,g[EA:tFEAÉAnêäal'1110I1"3nâ:e,ttt¡tI200¿l.t8 s!,9@CoqrlârcøêI-pna*4',toç+f ,Ãe,'Ipump.t,: snd iffi ngÊ ;ne.@.Ssôry to æmdetetp,ü¡elSúbÈlersibÞ pump, and'the;äedtríìS pg:¡¿I änd3pl¡cè, Süa¡nlesË steeloanding ancl buckles; splice kit. bolts, gaskets'trpe. etc. br assembfy- ärld inslafiatlon,foq atlaü¡r,iaþr I Pa¡lþ ì0þ¡çr¡F ion€l{3}ACzl, r¿vã[,Ktean-Plpe Klean iFiebþnd; :OoteyChèmî'cal iGoro,Liouid. .Eþsiuler, NW:3I0,or equalfl:inôh:NPT: l:OertãLók'EsTrtö¡ iádaftÞr, ûìodelAt¡olt'A*e¡+sheéts-wellPurnpMalnt'\ Pârts &' Mat€rleb1 ot27//3Ðl?:D1t8
SualÍfications, Response,Form =,Qn Call Maintenance Par{d and Materialslaicri¡lù J F¡r¡c Delcrþüen ¡.tB1(3)[".*trCoiittacl¡rCcntractor tnitial$. ., $r;å,. , "r.Att-01A:-Bld-Sh€ets-WBllPumÞMaiñt'\Parts' *'Malerials2 o12,7/30¡201û
Qualifications Response Form - On Call Maintenance Equipment and MachineryGostExtenslon (9)$ 4,280$ 3.960$ 2,eoo$ 4.130$ 3.330$ 6,410$ 3,900$ 10,550$ 2.910$ 3,590$ 10,550$ 2,910$ 3,590$ 6,390$ 5.820s 10.470$ 3,590$ 3.990$ 1,830OHD &Profit (7o)(r)0000000000000000000Units{7)daydavdavdavdavdavdavdavdaydavdaydavdavdavdaydavdaydavdayotv(5)2311121511511323'l3IGost toMobilize (6)$200.00$0.00$200.00$2s0.00$2s0.00$2s0.00$300.00$1s0.00$1s0.00$1s0.00$150.00$150.00$150.00$150.00$300.00$1s0.00$1s0.00$1s0.00$1s0.00Day Gostw/Operator$2,040.00$1.320.00$2.400.00$3.880.00$3.080.00$3.080.00$3.600.00$2,080.00$2,760.00$3.440.00$2,080.00$2.760.00$3,440.00$2.080.00$2.760.00$3.440.00$3.440.00$1.280.00$1,680.00Hrly costMOperator{3}$255.00$165.00$300.00$48s.00$385.00$385.00$4s0.00$260.00$34s.00$430.00$260.00$345.00$430.00$260.00$345.00$430.00$430.00$160.00$210.00No.Personsin Crew1022211234234112311Eq uipment Description (2X,0 l8l10 ton crane capable of lifting pump, motor,and well column through skylight of wellbuilding and clearing building geometry inExhibit 3 & 4Air Compressor 600 cfm or largerPump pulling rig capable of lifting pump,motor, and well column through skylight ofwellbuilding and clearing building geometryin Exhibit %"Air lifting Rig, service truck and compressorCable Tool RiqTest oump and 150 Hp Enqine or lessCrane truckSen¿ice Tluck 1 ton 2 person crewService Truck I ton 3 person crewService Truck 1 ton 4 person crewServíce Truck over 1 ton 2 person crewService Truck over 1 ton 3 person crewService Truck over I ton 4 person crewElectrical sen¿ice truckChemical Trailer with Grade ll WaterTreatment Operator CertificateCrew truck; for Labor not associated withmaior equipment.Crew truck: for Labor not associated withmaior equipment.Flatbed truck and DriverWelding truck & welding equípment, withcertified welder.Legend Equip & Machinery Cost Sheet \ Legend Equipment 1 of 2101312018
GostExtension (9)Prsfit (%)Un¡trrr)otv(slGost toMobillze (6)Day Gostw/OoeratorEquipment Description (2X4XE)lNo.lPersonslin GrewQualifications Response Form - On Call Maintenance Equipment and Machinery(1) if overhead and profit are included in the rates provided; enter "0".n Otherwise state the percentage addedto the final bill.(2) For any part not applicable, please note w/ N/4,(3) Fill in equipment costs,.with operator.pJed, state in "Bidders Notes" below. Attach extra sheets if needed.purchase by the City in the course of one year. Where 1 or less may be purchased in the course of the yearthe quantity stated is 1.(6) lf cost to mobilize is included in the equipment cost state as $0.(7)A day is defined as an I hour day.(8) Major equipment costs to include the cost of any ancillary crew trucks or otter support vehicles.(9) Cost extension is based on day rate for the quantity indicated, plus one mobilization.Bidders Notes:1)2l3)4)5)Contractor NameContractor lnitialsLegend Equip & Machinery Gost Sheet \ Legend Equipment 2 of 210t3t2018
Qualification Response Form - On Call Maintenance Labor(l ) if overnead ano prof¡cr are included ìn the rales provided: stâte "lncluded." Otherw¡se slåte the percentâge added to the final bill.(2) Prov de the rate for the laþor rate for the iìsted work wnich yoirr firm charges {or performãnce ot the descr¡bed work, or provision of the(3) For any classification not applicable, please note w/ N/Å.(4)Quantityisforgeneral estìnrationpurposes. ThequantiùeslisledaretheapptoximateamountprojectedforpurchasebytheCity¡nthecourseof oneyear. Wherelorlessmaybepurchasedinthecourseoftheyearthequant¡tystatedis1.(5) lf r:ost to mob¡lÞe is included in the bÌlling rate stale as $0.t6) Shop labor should not nave mob¡l¡zåt¡Õn côst.Bidders Notæ:contracror""'" Ls3.orû P,åol- U/ dl So(.r,trCont¡aclor lnitit¡als LC..Þr,/C-CostElensions$s$$$bs$Overhead eProf¡t as ¿Percentage ll))t!¡)La.zr.trd/C-lil.)e-âttg+a)C-*e-*ÇÈije-Doubl€-timeRate (¡rhour,l/day. f/Unit(2,3)hæ.\J{) -l,Ae2)t) -uæ'-Overtime Ratef$/hour, lJday,l/Unit (2,31þal'a-7":l(t>-tSl'zUnn Coslary(Hrs.)Tqtala¿Ð.'\q(Ã/jÌøA^d>r;ìútr, ß(,10r)FÞUnitsHrs.lß-Hrs.Hrs.Hrs.Hrs-Hrs.Hrs.Hß-Aty (4140404020IIE44Cost to mobilize(s)\t(2,llOs0s0$os0$0Regular DatrtimeRate ($lhour,l/day, $/Un¡tl (2fZøt" /u*t5-qo?rlâl5a\âz+tlOaaÐt-'LaborTmubleshoot pump, provide testequ¡pment, includes minor repairrflork.Shop work (5tGeneral Shoo labor/ Shoo heloerùlachine shop laborPumo and motor mechanicetal sorav workMachinistWelder/ FabricatorPro¡esslonat wofßEnoineerìnol-lvdroûeolooislAtt-01 A*8id-Sheers_WellPumoMaint \ Lat'o¡1ôf I7t3012a18
,Qualifications,:Resgsnqg Fo¡'m - On Gafl Well and Purnp Maintenance - Tasks forWellss ¿â6rãô,- glr,-J tfPss '5ó''s t&Í5 .l frã- r/:Fs Ql {OÊg ¡t 241'Þ)c,l!rlô,ruatrr.glLrgEA.ÉAÊA,-.-.EAEA2w¿gcd-':æt,i,çataþ{&\tårTOGostCômmsrifs0à1t-t-¡t2dispgss,ofReinove,andgdafe;LProvid€shqm'çq!9,l'3¡ngr"ÞFhceot tÌ¡ernd,QVe[enüal,eadiâädñrü6.5-heád,l'tctSr, 0tisch€rgeardPrill,¿tt¿i ¡qÈa¡cçnoeb;wétÞufrpMálat \ ürell:worÌ1,ot?7ßaizol$
;{QualÌficatiom Response Form. On,Gall\Âfell:,an$'Fgmp,Mainbrtâ[ì9e,- Tasks,,for Wefts'onå year, WlìrÈè,p. ¡ Cilnç one ortre €fien wÞúå ft il¡ãlY tba:dons.Cmrcr*r¡,Ofd.r9fErr{.,i Atla0 l&Bill5hôdÒ;r¡l€tF{rnirilaint tr'We lt-Waak,2:o12,7,ßonvþ
Qualificalto¡s Respon$e,Ferm, - On Gallr'Wêll and Pump, Maìntenance . Taslcs,,lor,Pgmp StationsAn ol'A.Bid-Sh áàts-vt¡elaFum plr¡ãi nt,\ P ùmp -wcrk,7.t3{,l2s1B6.|'¡a:o,.t.as ¡r.f¿a&!andslgqqFal¡lncludEd,p!.llnpiìand,dþ, bake,beþncS,.100mecñanica I seal, adjusticou$è puttp.Aiot1 o1,2
1".*Ove¡head & Prolit as aPorcentagp (l)ExtensíonUnitsotv12'1""",CommonlsO¡derorworkPumps & f,otors, Work lûemsQualifications Response Form - On Call Well and Pump Maintenance - Tasks for Pump Stationsare índudedslate' ot¡eilisë state theto(2) Quantity is lor general eslimat¡on purposes. The quantities listed âre the approx¡male amount projected for purchase by the City in lhe course of oneyear. Where I or less may be purchased in the cou¡se of the year the quantity stated ¡s i,BiddeßContraclor NemeContractor lnilials{'p1)2)3r4)5)Aü-0 lA_B¡d-Sheets_WellPumpMaint \ Pump_Work2 ot?7ßU2418
fiuæ$€xt.ss.t I I,i -sssOverhead & Profit as ap.¡6¿¡¡¡ge (l)JI'c.-rrc-EAUnitshoursatvl2)448000'te?Cost116.9Commenûs:Orderofwork1¿IPumps & llotos, Work ltemscontrofs,andre-assemble.needed(2) Quantity is for general estimation purposes. The quantities listed areWhere 1 or less may Þe purchased in ihe course of the yearthe quantt/(3) Parts paid by cosl plus OH&P mark-up.Qualifications Response Form - On Call Well and Pump Maintenance - Tasks for Control Valve Maintence andReir Stationsand profìct arerates provided; stateOtherwise stâte thetob¡il.the approx¡mate amount proiected for purchase by the Cily ¡n the course cf one yearstated is 1.tes:contrector Name LCi¿> sr.Contractor lnititials Lq.-IJc\Att-01 A_B¡d€heets*WellPumpMaint \ Control_Valve1of I713A12018
EXHIBIT "G"
SAMPLE TASK ORDER FORM
CITY OF SAN JUAN CAPISTRANO
TASK ORDER
Task Order No. _
Agreement: On-call Well and Pump Maintenance & Repair Services
Contractor: Legend Pump & Well Service lnc.
The Contractor is hereby authorized to perform the following work subject to the
provisions of the Agreement identified above:
List any attachments:
Dollar Amount of Task Order: Not to exceed $00
Completion Date:20-
The undersigned Contractor hereby agrees that it will provide all equipment, furnish all
materials, except as may be otherwise noted above, and perform all services for the
work above specified in accordance with the Agreement identified above and will accept
as full payment therefore the amount shown above.
CITY OF SAN JUAN CAPISTRANO LEGEND PUMP & WELL SERVICE INC
Dated Dated
By:
6 I 147.021 00\3 I 304788. I
By
PREÍVIIUM IS SUBJECT TO CHANGE BASED ON THE F¡NAL CONTRACT AMOUNT
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Juan Capistrano (hereinafler designated as the "City,'), byaction taken or a resolution passed . ,, _, 2a18, has awardeä to leg;nJþr,nt& wdrisu*ir" r"".
hereinafter designaled as the "PrincipâI," a contract for thework described alıäıF
EXHIBIT'D'
PAYMENT BOND
Bond No. 380328P
Premium:$f ,125.00
Executed in Duplicate
(the "Project'); and
as Sufety,
On CallWell & Pump Maintenance & Repair Services
WHEREAS' the work þ b9 Rerformed by the Principal is more particularly set forth in thecontract Documents for th.e. project dated . . . = 1',iontiaðt-.óóJum"ìts1, inðtermsandcondÍtionsofwhichareexpresslv@nce;and
WHEREAS, std. Principal is required to furnish a bond in connection with said contract;providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,provísions,_ provender, equipment, or other supplies used in, upon, for or åþóut the p'erformanee
of the work contracled to be done, or for any work or labor'done thereon of any kind, or foramounts due under the U.nemployment lnsurance Code or for any amounts required to bededueted, withheld, and pald over to the Employment Development Department froËl the wagesof employees of said Principal and its Subcontractors with respect td such work or labor thesurety on this bond will pay for the same to the extent hereinaftei set forth.
Com of California
ited
we bind ourselves, our heirs,
and severally, firmly by these
THE CONDITION OF THIS OBLIGATION lS SUCH that if said Principal, his or its
subcontractors, heire, executors, administrators, successors or assigns, shalf fail to pay any ofthe persons named ln Secfion 9100 of the Civil Code, fail tó pay for ãny matorials, pròvi-sionä or
other supplios, used ln, upon, for or about the performance of ihe work contracteci to be done,or for any work or labor thereon of any kind, or amounts due under the Unemploymeni
Insurance Code wilh respect to work or labor performecl uneler the contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department
or Franchise Tax Board from lhe wages of employees of the contrɡctor and his subcohtractors
pursuant to Section 18663 of the Revenue and Taxation Code, with respecl to such work and
labor the Surety or Sureties will pay for the same, in an amount not excileding the sum herein
above specified.
This bond shall inure to the benefit of any of thê persons named in $ection 9100 of the
Civil Code so.as to give a right of action to such persons or their assigns in any suit brought
upon this bond.
It ís further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreementpertaining or relating to any scheme or work of improvement herein above described, or
6 r r4?.02 r 00\l tJ047triJ. I
perlaining or ælatíng io th€ furnishing of laÞ¡a., malerials, or equíprnent theiefore. nor úy any€fã€e or modiñcation of any tenns of peyrreet or extension ottne:ime for àny'pa¡mentper'ah?ing v æÞ;trryto any scfrec-"e or nsrk óí improvement herein above describecf,'n¿ii 6y aay
on aüenptec' resûis$orr oi lhe cor¡baà agreernent or bond. nor by any conditigtåpræ&nt or.subseqr¡erit kr üre b\oíìÀtr atiemoting to limit the rghÊ of reccréry óf dairnants*ÞrwlÊe entided to recover under any sucn òonËaa or agreemenl or under nré uon¿. nor by
Tty.Y{.øa*¡ce¿ by a¡y Ferson sthãr than the claimantieeldng io reÇoveÍ on the bond andfiat åb krd be consùued mosi sbongly against the Surety año ¡n favor of all persons forItrhc€ benefit such bord b given. an¿ undeino circumstances shall Suroty be released frornliabílþ to frose for wfrsse benefil such bond has þeen given, by roason of any breach ofcontnad betweon the owner or,Crty and original conkactor ðr on the part of any oblígee namedin such bond, but the sde conditions of recovery shall be that claimant is a person däscribed in
Section 9100 of the CMI Code, and has not been paid the lull arnount oi nis cla¡m and thatSurety does hereby waive nolice of any such chángã, enênsiðn of time, àoo¡t¡on,ìtterarion ormodnrcatfon herein mentioned and the provisions of sections 281gand 2845of the Callfornia
CivilCode.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this lZth 6sy
zo1E.
Legend Pump & Well Service lnc.
of
(Corporate Seal)
By
lndemnity California
(Corporate Seal)Surety
By
Fact
Tige Yung T. M
Signatures of those signing for the Contractor and Surety must be and evídence of
corporate authorþ attached. A Power-of-Attorney authorizing the person signing on behalf of
he Surety to do so much be attached hereto.
i{OTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety
to do so must be attached hereto.
ót t47_92 t003 ¡ 3(H;EE.t
A¡tach¡neut 2
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
A notary public or other officer compleling this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
)
On October 17 2018 before me,f rene , Notary Public,
lnsert Name of Notary exaclly as ¡[ appears on the olfic¡âl sèâl
County of Oranoe
Date
personally appeared Yu T. Mullick
ffi
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) isiare subscriþed to the
within instrument and acknowledged to me that he/she/they
execuled lhe same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrumenl the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument,
I certify under PENALTY OF PERJURY under the laws of
IR€NE Li]ONG
Nctåry Pu.hlic - Californi,r
Or:ngc County
ionmis5i¿¡ ; 2267 ;5o
À,ly CoÕìm. ExpÍres.lul 27 2A21
Plâce Notary Sea¡ Above
the State of
and correct.
Witness my hand
Signature
the ragraph is true
OPT'ONAL
Though the information belaw is not require d bv law, ít may prove valuable to persons relvine on the document
and could prevenlfraudulent removàl and reattàchment of the lorni to anothei dıcument.
Description of Attached Document
Title or Type of Document:
Document Date Number of Pages
[Corporateofficer-Tit]e(s);-f]Corporateofficer-Title(s):
Sígne(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name
n lndividual
n Partner n L¡miteu n General
I Attorney in Fact
I Trustee
! Guardlan or Conservator
! Other;
Signer is Representing:
Sìgner's Name
E lndividual
n Partner I L¡m¡ted I General
n Afiorney in Fact
I Trustee
fl Guardian or Conservator
fl Other:
Signer is Representing
Nolâry
ïop of thumb here
RIGHT THUIVlBPRINT
OF SIGNER
Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
POWER OF ATTORNEY FOR
I]€VELOPERS SURÊTY AND INTÊMNITY COMFA¡¡Y
INDEMNITY COMPANY OF CALIFORN'A
ÊO 3ox 197?5. lR\¿¡Nl. C492623 {S1491 263.330û
here¡7 $ake æ[süiuie and :ìppcrni
.'.Yung T. Mullick. James W. Moilanen, Christjne f . HoÊrrg, Slephanie Hoang, .ioirtly or sevêrally'-'
pr8sân:s, âr0 her6tly raliì¡Êd ,ind rionfir{pd.
ANù lNDElylNllY Cî¡.¡PANY ând ll.JLìË!11'¡1fì a0lVPiìNY tF CAI ìËORNIÂ. elledivù ðs ol.,an{;íiry l:1, ?0ùB
lc all,jsl lh€ exc!'ul;on ol àny lrtçir Poivcr ofAtlcnrey,
ci ccllrðcl !1fsurêlvship to wtr¡ch ¡l is åliachcC.
lhci respcclirr: oflceT onC,lþ:icd by lheil respiar;irve Scryet¿ry orÄss¡sianl 5rcrel.r'/ lhls ôl¡ d¡y of Ieb¡uârv. ?{J17.
o' _'' ll-)a*.i.( tÁo-n
n.r'"| vo,,'ii srn,ur Yu¿t'r..srlpît / -'-/ ^
, 1** =:lã::)('
Lk:rk l¡ûÍdor¡, v'tô.f'le$k {rnl
A nolaty publiÊ ot other oñicer coÌìplBting this c€dif¡gatc vcri¡ês only the rdcßtity oflÍìc i0divìdual wlto si6nod fhe
¿nd tbe tß¡thtu;nes oa of lh¿lt docunrÈnl.
Sl¿tc ¡¡í 0rlilcqria
Courìt'/ ol016û!c
0n
- .--., |.gbry!¡1!,
0ål¿
?ttT.__ . .-_ lrefore cre. t uitrts-lklmo!'gr[ql4titX4l:!.- ,
i* R ir lrri \ ¡ñe ,ÂJ f,llø rl iñ ili¡rêt
Þers(rn¡llv appe¿rrÈd 0ôfirPl Y¿lü¡tg ;ind [,lar¡ Lans.Joti
\bnyi!) or:+tqi!!
wito trcv€d to fl1e oc lh0 Þrsis ¡l ;oiislactori ,.rviilonce tç be lhe per¡oris) whoi;¿- r¡arne(s) isl¡re sulrscfibed
lû lho wilhir in!líurncnl 3nd nc[nùlvlEl$']d iu ae ihol bÊlshc/ttcy e:<eixr{cd lhrt sârte irì h¡siher/lh€:r ðulhoaiz€(,
uaracily{rosj, ond {lral by hlrih€r¡thcrr srgraluru(s) ori the ¡nsiru!r'er{ th0 pr,.'onis) tr llvr ¿nliry ulÐn bohail t¡
.#lìlrrr llìr æison($) a(lild. cleclled llìû insllumê¡rl
¡ {xillily xíde¡ |':N,{LIT Ol 1'ÊlìJUIY rnrlilr lh3 la'À$ cf t¡c SlôlÈ ef Calril¡;liia lhal lh.-. furcgrirg para¡¡ra¡h rs
lfue iì,ìd ccrrrc,i
V{lINËSS ny hâild anC olliùal
Pl¿ce Núiary Seal Abovr Sigilûlure
CERTIFIGATE
sail rorporâti0rs sol l0rlh rn lho P0w€r olÂtt:tnay aro ìn lolif ¡s 0f ille (Jatt 0l liìis Cotltltcâte
il¡i:Cer[liçalelst¡ccrjlpfj illtlìeçrlvôl l¡vine,iì¡lilcrrir,¡¡,., 17Lh daycl OcEober 2018 ANI]
ilv'_.
(! oa-,u ) ¡âon.*t¡'14,
lztsø s
{fi'itor¿
Âñünnr'!ıürar-v -'
*
1936
*
'.)i: í. i..,::.,:
@ commi6¡lofl t Z0l19a5
Nol¡rf Public . Crllfornh
0rrngc 0ounty
Comm,
f I I
193ó ',ií) r 1
Al s-r002 (0211 i i