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19-1105_LEGEND PUMP & WELL SERVICE INC_Maintenance & Repair Services Agreement CITY OF SAN JUAN CAPISTRANO ON-CALL WELL AND PUMP MAINTENANCE AND,REPAIR SERVICES AGREEMENT— LEGEND WELL & PUMP'SERVICE INC. 1. Parties'An`d Date. • This Agreement is made and entered into this rP. day of• 2.V. 'GfCcr y 2020, by and between the City of San Juan Capistrano, a municipal 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 Inc., a California,Corporation with its principal,pllace of business at 1324 W. Rialto. Avenue, San Bernardino., CA 92410 ("Contractor'). City'and Contractor are sometimes individually. referred to as "Party" 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 order(S) to be issued pursuant to this Agreement and.. executed by the City and Contractor ("Task Order"). '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 Dome"stic.Water and Recycled Water facility for Water Systems. Repair. 'Including all supplements. therefore, On file in the Utilities Division Office of the City of Sari Juan Capistrano., California.. (The "Standard Specifications"). Services shall additionally be ordered by Task Order(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. I fit t47.02ton1_rt30»7i S,t 3 TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City 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 "A" 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 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent 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 insurance. 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 2 61147.02100\31304788.1 receiving 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. In 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 City'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 City's staff, 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. In 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 3 61147.02100\31304788.1 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. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/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 Cal/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. If 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. It 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. 4 61147.02100\31304788.1 3.2.10.1 Employment Eligibility; 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 Immigration Reform and Control Act 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 City or its representatives for inspection and copy at any time during nomial 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 Employment Eligibility; Subcontractors, Sub- subcontractors 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 Employment Eligibility; Failure to Comply. 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 Project 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 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against 5 61147.02100\31304788.1 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 Quality. 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 GARB 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 Quality. (A) Management and Compliance. To the extent applicable, 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. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 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) Liability 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) Training. In 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 6 61147.02100\31304788.1 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 Insurance. 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. In 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 Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance 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 Insurance. 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 Insurance. 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. If Commercial General Liability Insurance 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 Agreement/location 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 7 61147.02100\31304788.1 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 Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, 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. In 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. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. 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 Insurance 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 Liability. 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 8 61147.02100131304788.1 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 Liability. 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 Employer's Liability 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 Coverages. 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 Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In 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 9 61147.02100\31304788.1 insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 3.2.11.5 Deductibles and Self-Insurance 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 Insurance 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. If 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 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.8 Verification of Coverage. 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 Reporting 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. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In 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 10 61147.02100\31304733.1 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". If 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 10 days of receiving notice from City. In 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. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety 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:VIIl and satisfactory to the City. If 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. 3.2.14 Accounting 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 11 61147.02100\31304788.1 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 "B" 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 Payment 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"). If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, 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 12 61147.02100131304788.1 failure or alleged failure to comply with the Prevailing Wage Laws. It 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 project exemption specified in Labor Code Section 1771.4. 3.3.5.2 If the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial 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 Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial 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 Industrial 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 written 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. 13 61147.02100\31304788.1 3.4.2 Effect of Termination. If 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. In 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 Delivery 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 Inc. 1324 W. Rialto Avenue San Bernardino, CA 92410 Attn: Keith Collier, President City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Eric Bauman, Assistant Utilities Director 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 Indemnification. 3.5.2.1 Scope of Indemnity. 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 allclaims, 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 14 61147.02100\31304788.1 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 Indemnity Obligations. 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 City 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 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, 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. If 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. 15 61147.02100\31304788.1 3.5.5 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment 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 Party. 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. 3.5.10 Waiver. 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 Party 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. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. 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 16 61147.02100\31304788.1 employees or subcontractors, if any, to file, a Statement of Economic Interest 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. 3.5.15 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, 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. 3.5.16 Authority to Enter Agreement. 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 Agreement. 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. 3.5.19 Recitals. The recitals set forth above are true and correct and incorporated herein by reference. [signatures on following page] 17 61147.02100\31304788.1 SIGNATURE PAGE FOR ON-CALL WELL AND PUMP MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND LEGEND PUMP &WELL SERVICE INC. IN WITNESS WHEREOF, the Parti have entered into this Agreement as of the day of NO(2 1bar , 2 CITY OF SAN JUAN CAPISTRANO LE END PUMP&WELL SERVICE INC. Approved By: ' . A-Y------{ kprj3),j4V ign re City Manager L W I VC , (� (ncisYNE z . 3 1-2- Name 1< Date u-s Title -Atteste : d l ,0 3 i i avoy-) aria Morris,'&tyi rk Date Approved As To Form: City Attorney • If} 18 61147.02100\31304788.1 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 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. Including 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 Material from Material list in (Exhibit B) at rates shown. • 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 "B". Daily reports will be prepared and submitted to the City per section 3-3.3 of the Green Book. All work will 61147.02100\31304788.1 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. In the event that a conflict or contradiction is discovered between the proposal language and the City's standard contract terms, the City's 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. I. 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. In 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). 61147.02100131304788.1 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 it/fix 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 55-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 61147.02100`31304788.1 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. 61147.02100\31304788.1 EXHIBIT "B" COMPENSATION Qualifications Response Form-On Call Maintenance Parts and Materials Qty Overhead&Profit as a Materials I Parts Description(2)(3) Cost S (4) Units Comments Percentage(1) Cost Extension 2C21,Wen KlearePipe IQean Prebend;Coley , Chemical Corp Liquid Descaler,NW 310 Of equal 'a.1(ce/PA,p,rtt 200.al .�1t1Cit,C,rO $ ) I,©S0 ao - Mich PVC Certa-Lock column,with spline couplings,and fittings necessary to complete connection to the submersible pump and the dilcharge stead, 4(410/o r 110 LF ructu0st, $ 51 O 4—awe - b4nch NPT x CertaLok SST top adapter,model 4is* 1 EA re,c1.4066 $ lVI - Banding material,nuts,bolts, And other misc. gaskets. 1 EA rebioaco $ 11,5,11 • Electrical pig tail and splice,stainless steel banding and buckles;splice kit,bolts,gaskets, ( Ptape,etc,for assembly and installation for a "'ar't ...le 3 EA 11>siU060 S 7 5 1+e 12-Inch x 8-Inch PVC motor shroud vlth colter 1 EA piVedu bat S 43 liG` New Grundfos 3165$submersible pump and motor,cable and appurtenances, 46W,3• phase,3450 RPM,with temerature sensors. na na ,N)Hp 1 EA 31udu( $ 24 c2-'" • 60 Hp 1 EA 1U S rO Sao""_ • 75 Ho i EA tx>✓t UA S t Op 103.": . Powder coated submersible pump plate,and discharge head elbow. 1 EA _ tax(AIh O $ Lo CIOs- • (1)if overhead and prat are included In the rates provided;state Included," Otherwise state the percentage (2)For any part not applicable,please note wI NIA. (3)All material prices are to job site,including all taxes,freight and handling. purchase by the City in the course of one year.Where 1 or fess may be purchased In the course of the year the quantity stated is 1, Qualifications Response Form-On Call Well and Pump Maintenance-Tasks for Control Valve Maintence and Repair Stations Order - or Qty Overhead&Profit as a :Pumps&Motors,Work Items work Comnientst Cost (2) Units Percentage(1) S-Ext. Mnbitao f Demobilize for Control Wye mafntcnoa 1 4 EA saJc S 'yCItia" - Disassemble Cie-Volvo and Cla-Valve pitchy controls,dean, - $�4 replace needed parts,re-assemble.(31 2 rliot . JC. 48 hours - - o S - o $ o S - (1)it overhead and proiict aro included In the rates provided;stale'included.-Olhcnvlao state the percentage added to the final bill. (2)Quantity is for general estimation purposes.The quantities listed aro aha approximate amount projected for purchase by the City in the course of ono year. Where 1 or Tess may be purchased in the course of the year the quantity stated is 1. (3)Paris paid by cy st plus OH&P mark•trp. 61147.02100\31304788.1 Qualifications Response Form - On Call Maintenance Equipment and Machinery Overhead&Profit No.Persons in Cost$WITH Cost to Mobilize Qty Units as a Percentage Equipment Description(2)(4)(8) Crow Operator(3) (6) (5) (7) (1) 10 ton crane capable of lifting pump,motor, and well column through skytght of well building and clearing building geometry in Exhibit 3&4 1 0..SS -apt,.- 2 day 1-00.11.,be 0 Air Compressor 600 cfm or larger 0 t fds/)%1 3 day sA►C1 uDQ) Pump pulling rig capable of lifting pump, motor,and welt column through skylight of well building and Gearing building geometry in Exhibit"4" 2 Cf-,:t1 I"- .aco•..- 1 day riwc.34,Deo Air lifting Rig,service truck and compressor 2 4115 ''''1,1),- s 2.to." 1 day r-rl� f Cable Tool Rig 2 "N.15. /Ir- a.sa` 1 day tuck)Doll Test pump and 150 Hp Engine or loss 1 31+5.'-/hr. ASD.` 2day sr Crane truck 1 aSzt.+- 'sato- 1 day ruefuUD7 Service Truck 1 ton_2_person crew 2 ''stop (ha 05o'° 5 day ,Sa-,a600a0 Service Truck 1 ton 3 person crew 3 "tient/1 hr. 15(?" 1 day stbe aero Service Truck 1 ton_4_person crew 4 t_t3Q t. tLW.'" 1 day owdlunso Service Truck over 1 ton._2_porson crew 2 OfrO=iLW.'"yts lSo 5 day a{%tu@at Service Truck over 1 ion 3 person crew 3, X457 .- , %SO 1 day tvCtu 080 • Service Truck over 1 ton 4 person crew 4 .-cSO'd/S,i. ‘yv" 1 day ,F►.�Gu00.0 Electrical service truck 1 i$0 Ha. t`-r7-'e 3 day .371-C.-1 tr acts Chemical Trailer with Grade II Water Treatment Operator Certificate 1 5'655 L sco.'- 2 day st-c-LctOrO Crew truck;for Labor not associated with major equipment. 2 a'4a'IIriL tePte 3 day rveiyaro Crew truck;for Labor not associated with • 4 `f . major equipment 3 I l"— . 1 day C L OrO Flatbed truck and Driver 1 ((op-=( '�'- tin' 3 day sou'Acv) Welding truck&welding equipment,with / certified welder. 1 '1.10?!1se. 150... 1 day sx+d uA09 Qualification Response Form- On Call Maintenance Labor Unit Cost Daubte4lme Regular Daytime ' Qty Overtime Rate Rate Whom; Overhead 8 Rate(Slttour, Cost to mobilize (Hrs.) (Sfiour.Sfday. Slday,Stonit Profit as a Cost Labor Siday.SfUnft)(21_,(S) Qty(4)Unita Total SlUnk(2,3) (2.3) Percentage(1) Extension TTroabteatoat puma.provile last equipment.Includes mince weak' j 1 uvrk. rl( � ( feAa 40 Hrs. =soSod ` .WAC S Shop Work(u) 10, Gancral Shop labory Sh6A helper rag" SO 40 Hrs. is a`7:-=^ \1 ii)— r $ Machine shop labor oto`i 50 40 Hrs.. '51•00 rive. $ - Pump and motor mechanic I}D So 2i1 Hrs. 2Arx• l C.C.' ' tkAC" CNA& 5 - Mat i spray saxk 150 $0 El Hrs. 1,korf2 �}.C. $ - Machinist 110 `'' SO a Hrs. S�,SO t re :'l. 2I c into C. S - Weldor/Fabricator tO .' Sr) dHrs. brO LSr;' 2cal'-- FyG $ - ( Pratesstona1 Work I Engineering II')O;', 41111s n' 7 C S - Hydrennolaurt vox"— 4)Hrz. (fib Ztut- 5 - 1 i (1)it overhead and propel are inductee In me rates provided;state"Induded." Otherwise stare the percentage added 1a the final bill. (2)Provide the rate far the labor rate for than listed work which your firm charges far soreormrrnco ar the 4=a0e4latirkt or provision or the (3)For any clsasfieatton not apprcable,please nolaavd NIA_ (41 Quantity is for general estimation purposes. The quanGliea listed are the approximate amount projected for curator.*try oho City in the course of ane year. Where 1 or Mess may be purchased in the worse of the year the quantify staled is 1. (5)It Coal to mobilize Is includes In the tiding rate stale as 10. (s)Shop tabor sho td not hovo mob3catlon cost. 61147.02100\31304788.1 Qualifications Response Form-On Call Well and Pump Maintenance-Tasks for Wells Order Qvorhoad d or Oily Profit es a Existing Submersible Pumps 8 Motors, Work anima - Work Comments: Coot (2) Units Percentage(tl Coat Extension Mobilize,Pull.and after wed*, reiutalt Motor,Discrrargs hesxt,column flips. Pump aeaembty,and sounding tube. All WON have roar ecUcss vn skylight la wt pump&motor,see pians Exhibit'4', Size puma no ecxordingly. a 5(O002 EA i14.. $ 1 l 2CC/' - CL,mormo:t and mconneu electrical paear euapty,nrxt SCADA ccnlmla Weep 1I ��{ 1 e from pump/roofer. f 2..A we- S - Cola Video Fcnr--d ana 350-dog o"ho Caen of well eanaidana Uefaro or eller eeaamg work;sr.pcey CD-ROM or video. 2.1 (ab t 2 EA WC. 5 R 00:2`'' - Provktu.E rctrroeng Inspcaton of rite pump.moor,moil criteria,wap video,and submit rinobtccrind report oriel rriocmmendauons far rchaliantion work. 2.2 ra.y4 EA Ev C- s .(00o.— . gresmeon writh a Nylon brut-4 sur,b,and eel add an eacknont removed. 2.3 7 EA =1.7c- $ ',WS clean cut u sng air hast and clean=trod wing ether Boreblost=method, ., AirBur2t 'Bak Air Gun)method Scnar-Jar)method;o:Approved egi.1 7.9 41570 2.EA S Cr1 C-1 "c ~ Ch©mienlly beet well using (Well Klaon.P;pe Wean Problem ar equal provldad by To City)55 gal approx.;poidblo rater.800 gal approx.Pre iGe eullabso Awing ranks,pumps,and piping to Inject chemicals.Place chenceis using n trcmla with alt nlilnn snubs at aet3t end over the)enin of the Ocrocnod arse, Add sutfdm: deeriucat to boor pH l0 2.0. Mechanlce6y surge as...led bal.(c2;6 included separate too and 9 hour minimum and up to 20 hours soot limo,for • the pH return to 5.5.7,indicating fr6 roe:uun of churnlcah. Sepvato solids and dispose n property par local,Stale and Federal regulaCens and pump'a waste. ry An cite/Meats lo be NSF=lined. 2.4 Q-57(0f71 2 EA s 51 5a7).‘ 74cehaiucal surge well with double tf.sk aurga block and slmullineaus aiditt I pumping.Agitate each 10 font zero for a minimum a!20 min_(3) 2.5 ''1(p5-W 16 Hours s 7 y0 Mechanmal Rego mot sod'double dSk eurgu brook. Rall bobtail sediment Is .. removed, Ap"�rate each 10 toot zone for 0 minimum a!20 min.fol) 2_5 e{(0 S' 18 Hours 5 7 r{ ' - Transkei pump,molar.mad Wkrmn,and trap,to Contractors shop;dix ssmmbl, as needed.Inspect and prande lnfarneVlnn to:report obeys on ccnddion. 2.5 2• C;) I 2EA I s SOC:.‘" • Clean cotimn pupa, inspect and rcp'ace as needed Cortalak aarnhnp e. 2.0 <V 2 EA 5 10C:12.' • Simply.use,and remove temporary storaro tanks,(1)20.000 gallon tum(1)2.5aa galrnn tanks. Provkfo.labor.pumps,aca+'.rallzing chemicals,and lab tests forweil treatment process or well pump costar removal and noutra Moder,and sediment during c aminal treatment 01xnarg0 water la senor system. Pump out well treatment chemicals until clear and removed;and dispose to Sector system at maximum rote of 50 gprn. Distance to sewer 100 feet. Remove and depose of sediments extracted In anproved disposal raclity. 3.1, l7FIS.' 2 EA s 511,(50•� • I Qualifications Response Form -On Call Well and Pump Maintenance -Tasks for Pump Stations Order or Qty Overhead 8 Profit as a Pumps 4 Motors,Work Itolrrs wook Comments . Cost (21 Units Paicentage(1) Cost Extension Mobitaa/Damobdlze for central pump and motor pulling end inetallatian I 1 .560 2 EA $ list%►?` Disconnect and reconnect eleaiosl power auppty,and SCADA controls wiring from puma)motor. 1-5 2..-517L 2 EA S 5o' Pull Molar,Discharge head,Pump assembly. Purnps mutt be removed through pump station doom. SPro pump dS accordinpry. See typical pump station in Exhibit 45. 1.E5cf t27_ 2 EA S ((9r 8C''.r Transport pump,&motor to Con:r©ctara shop;disaastimDle sal needed.Inspect and prtav)de report on condition along with recommendations of repair with casts. 2? 1504. 2 EA S 1.5fi01w Provide Engineering inspect'on of the pump,old motor. Sohn ill Engineerirr9 report with remrnnteltdations, S t BO.' Refurbish motor 75 Hp:Clean,dip,bake,rewind.balance, voltnno Malin. banana rootaeernent 2.3 oto 1 EA $ Ws,o'Zt"— Refurbish motor 100 lip. Clean,dip.bate,rewind,balance, voltage besting,bearing replacement. 23 ;te'i(0 s 1 EA $ al(t7O. Refurbish motor 250 Hp_Clean,dip,bake,rewind,balan00, r•• voltage lesling,bearing replacement, 2.3 519at17 1 EA $ 5(A d P. _ Refurbish mechanical seal 2.3 -r s4"` 1 EA S -7 SO Re lnstalt refurbished or repticmnant pump end motor,wreck rotation,couple pump fa motor and mechanical soal,adjust, Oar',seal,and start up. 32 2 EA ? Lina and coal discharge bead with Skotchkota 134 fusion bonded epoxy(corrosion prolectlenl �. 9 ° ' 1EA g $60," • Oil change on turhiro(Kora Or Van).grease bearings on cptl case motes end pump,grosso motor and pump. Included as _ meterla:sand labor. J 1,100 2E S aave' rRoplaco mocnarigi coal 4 _ a 1 F'1 S Sandblast earls 4 'i ES 1 F.A 1 $ 4$S.n Pransuro steam dean site and eculpment 4 4115 2'Eel 1 1 S 4 S S • EXHIBIT "C" 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 Inc. 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: By: 61147.02100\31304788.1 7 Premium is subject to change based on the final contract amount Bond No. 024242186 Premium:$1,125.00 EXHIBIT "ID" Executed in Duplicate PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of San Juan Capistrano (hereinafter designated as the "City"), by action taken or a resolution passed , 2020, has awarded to Legend Pump &Well Service, Inc. hereinafter designated as the "Principal," a contract for the work described as follows: On-Call Well and Pump Maintenance and Repair Services (the"Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said 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, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and The Ohio Casualty Insurance Company as Surety, are held and firmly bound unto the City in the penal sum of Forty Five Thousand Dollars ($45,000) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and • assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department • or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 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 is 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 agreement pertaining or relating to any scheme or work of improvement herein above described, or 61147.02100\31304788.1 pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 12th day of February , 2020. (Corporate Seal) Legend Pump&We I Service Inc. Contractor=' .irI ipal By Title pr,5eeLc. The Ohio Casualty Insurance Company -(Corporate_.SLal) Suret / By /1 Attorn -in-F;ct _-N Title Emilie George,Attorney-in-Fact 'Signattips,of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 61147.02100\31.304788.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing 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 County Orange Oran e On February 12, 2020 before me, Robyn R. Kargari , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Emilie George Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the _ person(s), or the entity upon behalf of which the person(s) .. G acted, executed the instrument. �`°FY� ROBYN R.KARGARI� •r • ''ti9. COMM.#2296844 X I certifyunder PENALTY OF PERJURY under the laws of •1•• -: o NOTARY NGE COALIFONIA n. the State of California that the foregoing paragraph is true Wyr�c ORANGE COUNTY N and correct. Ac�oR" 11.9.94% EXP,JULY 13,2023 Witness my h-• = official s-- Signature Place Notary Seal Above •ignatu - • ,o ary • blic —obyn R. Kargari • OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: This Power of Attorney limits the acts of those named herein,and they have no authority to itow r"r bind the Company except in the manner and to the extent herein stated. 'V.Ile Liberty Liberty Mutual Insurance Company r,' Mutual. The Ohio Casualty Insurance Company Certificate No: 8202900-986938 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Emilie George;Irene Luong;James W.Moilanen;Yung T.Mullick;P.Austin Neff all of the city of Oakland state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 13th day of January , 2020 . Liberty Mutual Insurance Company P�1NSUR POSY INst, Nk ‘NSUR? The Ohio Casualty Insurance Company j, ,�J 6oNP.a.., 2e+ c DaPDR4r 9'L �c,P ooaPOR4, + West American Insurance Company a .t `0o m Vsr3 `Po m 3 Fo tb 1912 " 0 0 1919 r, 1991 0 u, a) r 9s •h3 i 2 Amo a o41171',.. / c d� •SA CH9 .d0 O RAMPsa.aa `ls ANDIAtt -d03 'rn By: as David M.Carey,Assistant Secretary ▪ m State of PENNSYLVANIA a c m rn County of MONTGOMERY SS CO c .� ® On this 13th day of January , 2020 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o toCompany,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes o c mtherein contained by signing on behalf of the corporations by himself as a duly authorized officer. _-0 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. ` O. c•o- of re O N p4 .° 4v �� COMMONWEALTH OF PENNSYLVANIA LtJZ)xotaSealsteNotaC6 C tI\ Upper MerionTwp..Montgomery County By: E ^, �,s' My Commission Expires March 28,2021 0 CO • N 4f? O. ��Wit% Member.Pennsylvania Association of Notaries Teresa Pastella,Notary Public a o C6 a) Z. -n w o This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual E.E Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: 0 ai - m ARTICLE IV-OFFICERS:Section 12.Power of Attorney. ,D Es Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the m.o :a c President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >v > F2any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall..w o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such E Z o instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the ' ,.E. of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. e ' o0 ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. o co Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, I-�- shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C.Llewellyn,the undersigned,Assistant Secretary;The Ohio Casualty_Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the forggoirig is-a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. - _- IN TESTIMONY WHEREOF,I have hereunto set my naud_and affixed the.seals.of said'Cofnpanies this 12th day of February , 2020 . Pv 1NSUg9 . PVSY,Iriso - _ - _a 1Nst.o? J".os,",%.1t'�-._ , yJ 2GDNP0/742. ' " - -\v of,PORgr10 1912 C' i, o,'-' 1919,.--.7 :6' 1991 0 c.,,444/4- ' r 9s 44"3 2y�. `-"2 4 3 By. dJ,�i�CH%-°A , o Amps..do , 'e5� to ti�a0 Renee C.Llewellyn,Assistant Secretary t LMS-12873 LMIC OCIC WAIC Multi Co 12119 EXHIBIT "C" CITY OF SAN JUAN CAPISTRANO TASK ORDER Task Order No. 2020-1 Agreement: On-call Well and Pump Maintenance & Repair Services Contractor: Legend Pump 4 Well Service Inc. The Contractor is hereby authorized to perforrri the: following work subject to the provisions of the Agreement Identified above: Mission Well Facility Rehabilitation Projectshall include the following tasks: 1. Remove, discharge head, column piping, punip and Motor. Clean up column piping, inspect pump and mOtor and provide written assessment of Condition. Brush well with nylon brush fOr 9 hourS minimum and provide pre and post video inspection and report. 2. Mobilize equipment and airlift debris from well. Debris shall be airlifted to holding tank(s) furnished •by Legend. Liquid waste,shall be discharged to sanitary sewer. Solid waste shall,be hauled off and properly disposed of by Legend. Provide.video inspection of well and-Subrnit CD and written Summary report to the City for review and diScOssibh. Clean up site and demobilize. 3. Fabricate well liner removal tool. Mobilize to site and deploy toolin well to remove upper portion of well liner. Clean up site and demobilize. If necessary, hourly rate of $410 shall be assessed for removal of lower portion of liner (not included in this task order and shall not be performed without prior separate and written approval).. List any attachments:,None. Dollar Amount of Task Order: Not to exceed amount of$30,460. Completion Date: February 28, 2020. • 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 C P 1TRANO LEGEND.PUMP & WELL SERVICE INC Dated: P „Id Dater 02. • By: 3 - By: W 6 Legeild Task Order No.2020-I—Mi iou Wg11 Reiiidi