19-1105_GENERAL PUMP COMPANY, INC._Agenda Report_E10TO
111512019
E10
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
ftá^rmin Siegel, City Manager
Steve May, Public Works and Utilities Director
Eric P. Bauman, Assistant Utilities Director
November 5,2019
/ø,te
On-Call Well and Pump Maintenance and Repair Services
Agreements (General Pump Company, lnc.) (Layne Christensen
Company) (Legend Pump & Well Services lnc.)
FROM
SUBMITTED BY
PREPARED BY
DATE:
SUBJECT
RECOMMENDATION
1. Approve and authorize the City Manager to execute one-year, on-call maintenance
service agreements for well and pump maintenance and repair services with General
Pump Company lnc., Layne Christensen Company, and Legend Pump & Well
Services lnc. in amounts not to exceed $45,000 for each agreement; and,
2. Authorize the City Manager to approve subsequent, one-year term extensions with
the same contractors for amounts up to $45,000 each if a previously approved,
$45,000 agreement amount is exhausted, or if a prior one-year term has passed, with
total terms for all agreements with individual contractors not to exceed three years,
and with an aggregate amount for all agreements hereunder limited to approved,
unencumbered budget amounts available for well and pump maintenance and repair
services.
EXECUTIVE SUMMARY
The City relies on contractors to perform water well maintenance and repair work or to
augment City personnelwhen significant well or pump facility failures occur. A request for
qualifications and unit pricing was issued forthese services, and responses were received
from three qualified contractors who have all provided these services to the City in the
past. lt is recommended that the City Council approve one-year, on-call maintenance
service agreements with all three of these contractors, with City Manager authorization to
approve subsequent agreements for total terms for each contractor not to exceed three
years (Agreement form included as Attachment 1). The aggregate amount of work
City Council Agenda Report
November 5, 2019
Page 2 of 3
authorized under all agreements would be limited to the approved operating budget
amounts for well and pump maintenance and repair services.
With an impending potential reorganization of the City's utility systems, the proposed
agreements allow the City to terminate the agreements with seven days written notice.
The City also is not obligated to issue task orders to any of these contractors during the
terms of the agreements.
DISCUSSION/ANALYSIS
Staff issued a request for qualifications (RFQ) for "On-call Well and Pump Maintenance
and Repair Services" for water and sanitary sewer systems pumps and motors
(Attachment 2). The RFQ was posted on the City's website, published in the local
newspaper, and directly sent to known qualified contractors. The City received three
responses. Staff evaluated the responses for completeness, insurance, available
response time based on distance from the city, the firms' qualifications based on work
experience, the City's past experiences with the contractors, and costs. Staff found all
firms to have acceptable qualifications and comparable pricing. As a basis for
comparison, hypothetical quantities of time and materials were used and were multiplied
by the unit costs proposed. Detailed cost tabulations are included as Attachment 3. The
proposals are all in the same cost range and, given the objective of expedited repair, are
considered acceptable.
It is recommended that the City Council approve one-year maintenance agreements with
all three firms for $45,000 each, which is the individual agreement limit for public works
projects under provisions of the Municipal Code. It is also recommended that the City
Manager be authorized to approve subsequent $45,000 agreements for total terms not to
exceed three years and aggregate amounts for all agreements hereunder being limited
to the approved, unencumbered budget amounts available for well and pump
maintenance and repair services. The reason for the City Manager authorization is that
the agreement amounts of $45,000 could be exceeded by individual contractors within
less than one year while the other contractors might not be available when needed.
FISCAL IMPACT:
The aggregate amount of the work under the proposed agreements will not exceed the
funding available in the approved, unencumbered budget amounts available for well and
pump maintenance and repair services during the terms of the agreements.
ENVIRONMENTAL IMPACT:
This well and pump maintenance and repair services to be rendered under the proposed
agreements are categorically exempt from further review under the California
Environmental Quality Act (CEOA) under CEQA Guidelines Section 15301 (c); Class 1
"Existing Facilities." This class is applicable to " . . .the operation, repair, maintenanGe, ...,
or minor alteration of existing public or private structures, facilities, mechanical
City Council Agenda Report
November 5,2019
Page 3 of 3
equipment, or topographical features, involving negligible or no expansion of use beyond
that existing at the time of the lead agency's determination."
PRIOR C¡TY COUNCIL REVIEW:
None
COMM I SSION/COMM ITTEE/BOARD EVI EW AND RECOMMEN DATIONS:
On October 15, 2019, the Utilities Commission reviewed this item and recommended that
the City Council approve the agreements.
NOTIFICATIONS:
General Pump Company
Layne Christensen Company
Legend Pump & Well Services, lnc.
Dan Ferons, General Manager, Santa Margarita Water District
ATTACHMENTS
Attachment 1
Attachment 2
Attachment 3
Ön Call Maintenance Agreement Form
Request for Qualifications
Cost Comparison
CITY OF SAN JUAN CAPISTRANO
ON-CALL WELL AND PUMP MAINTENANCE AND REPAIR SERVICES
AGREEMENT
1.Parties And Date.
This Agreement is made and entered into this day of
2018, by and between the 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
[***INSERT NAME***], a [**.[NSERT TYPE OF ENTITY - CORPORATION,
PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITYI**.1 with its
principal place of business at [***INSERT ADDRESS.*.] ("Contractor"). City and
Contractor are sometimes individually referred to as "Party" and collectively as "Parties"
in this Agreement.
2 Recitals.
2.1 Gontractor.
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 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") 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
1 of27 Attachment 1
compensation will be spent.
3 TeRus
3.1 Scope of Services and Term.
3.1.1 General Scooe 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 Pro¡ect ("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 and shall meet any other established 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 l--nnfrnl qnd Þarrmanf Su bordinate lnd ndent ônnf ra¡fnrofôhô
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'
com pensation insu rance.
2of27 Attachment 1
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
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. 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 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
IINSERT CONTRACTOR REPRESENTATIVE NAMEI, 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 Emplovees. 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
3of27 Attachment 1
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
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.
3.2.10Laws 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
4of27 Attachment 1
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.
3.2.10.1 Emplovment Eliqibilitv: 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 City or
its representatives for inspection and copy at any time during normal business hours.
The City shall not be responsible for any costs or expenses related to Contractor's
compliance with the requirements provided for in Section 3.2.10 or any of its sub-
sections.
3.2.10.2 Emolovment Elioibilitv: Subco ntraetors 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 Fmnlovmcnt trlioihilitv' Failrrre to Comnlv 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.
5of27 Attachment 1
3.2.10.5 Fnllal C)nnortrrnitv Fmnlovmenf Contractor
represents that it is an equal opportuni$ employer and it shall not discriminate against
any subcontractor, if any, employee or appl¡cant 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 ual ifv 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 Quality
(A)Manaoement Comoliance 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 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.
6of27 Attachment 1
(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
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 propefi 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 Employels 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
7 of27 Attachment 1
apply separately to this AgreemenUlocation 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
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
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. lf
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. ln the event any
policy of insurance required under this Agreement does not comply with these
specifications or is canceled and not replaced, the Ci$ 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 this Ag reement.
(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 Liab ilifv 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
8of27 Attachment 1
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
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 Emplover's Liabilitv
Coveraqe. 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 Seoaration 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
9of27 Attachment 1
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
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.
3.2.12Safetv. 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)
10 of 27 Attachment 1
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
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 Pavment 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 10 days of receiving notice from City. 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 Surety Qualifications. Only bonds executed by an
admitted surety insurer, asdefíned in Code of Civil Procedure Section 995.120, shall be
accepted. The sure$ 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.
3.2.14Accountinq 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
11 of 27 Attachment 1
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
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 com pensation, 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 Payment of Compensation. Contractor shall submit to C ity 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 Reouirements
3.3.5.1 Contractor is aware of the requirements of California
Labor Code Sections 1720 el 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
12 of 27 Attachment 1
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
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 project
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. C ity 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 of 27 Attachment 1
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:
ITNSERT NAMEI
IINSERT ADDRESS]
Attn: INSERT NAME AND TITLE]
City
Ci$ of San Juan Capistrano
324OO 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 afrer 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
for any claims, demands, causes of action, costs, expenses, liabilities, losses, damage
14 of 27 Attachment 1
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 lndemnitv 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 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,
directórs, officers, employees, agents or independent contractors. Contractor's
obligation to indemnify shalf 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 Governino Law: Gove Code Claim Comoliance.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 othenruise 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.
3.5.5 Citv's Riqht to Emplov Other Contractors. City reserves right to
employ other contractors in connection with this Project.
15 of 27 Attachment 1
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 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.
3.5.10Waiver. 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 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: Severability. lf any portion of this Agreement is declared
invalid, illegal, or othenryise unenforceable by a court of competent jurisdiction, the
remaining provisions shallcontinue in full force 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
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
16 of 27 Attachment 1
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.
3.5.14Cooperation: 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.
3.5.16Authori$Lto Enter Aoreement. 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.
3.5.17Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
3.5.18 Entire Asreement. 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]
17 of 27 Attachment 1
SIGNATURE PAGE FOR ON.CALL WELL AND PUMP MAINTENANCE SERVICES
AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND r*"INSERT CONTRACTOR NAME***I
lN WITNESS WHEREOF, the Parties have entered into this Agreement as of the
[***INSERT DAY***] day of [***INSERT MONTH***], 2019.
CITY OF SAN JUAN CAPISTRANO
Approved By:
ITNSERT CONTRACTOR NAMEI
Benjamin Siegel
City Manager
Signature
Name
Date
Attested By:Title
Maria Morris, City Clerk
Approved As Io Form:
Ðate
City Attorney
18 of 27 Attachment 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. 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 equipmento 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.
. 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
19 of 27 Attachment 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. ln the event that a conflict or
contradiction is discovered beh¡veen 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 shalltake 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).
20 of 27 Attachment 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-CallWell 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 iUfix 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 Q$ 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
21 of 27 Attachment 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.
22 of 27 Attachment 1
r*tNsERT RATES & AUTHORTZED
EXHIBIT "8"
çOtl,lFENSAT|Oltl
23 of 27 ent 1
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: INSERT NAME OF CONTRACTOR]
The Contractor is hereby authorized to perform the following work subject to the
provisions of the Agreement identified above:
List any attachments: INSERT ATTACHMENTS, lF ANY]
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.
crTy oF sAN JUAN CAPTSTRANO ilNSERT CONTRACTOR NAMEI
Dated Dated
By:By
24 of 27 Attachment 1
EXHIBIT ..D''
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 2018, has awarded to
hereinafter designated as the "Principal," a contract for the work described as follows
_ (the "Projecf'); 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 lnsurance 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 as Surety,
are held and firmly bound unto the City in the penal sum of
Dollars 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 lS 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
lnsurance 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
25 of 27 Attachment 1
pertain¡ng 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
CivilCode.
lN WITNESS WHEREOF, we have hereunto set our hands and seals this
-
day
of 2018
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidènce of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of
the Surety to do so much be attaohed 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.
26 of 27 Attachment 1
Notary Acknowledgment
A notarv oublic or other officer comoletinq this certificate
verifies bnlv tfre identitv of the individual -who siqned the
document t'o which this'certificate is attached, anð not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On
-
2018, before ffiê, , Notary Public, personally
appeared , 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 instrumentthe person(s), orthe entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
S¡gnature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable fo persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
tr lndividual
¡ Corporate Officer
Title(s)or of Document
¡ Partner(s) tr
B¡ Attorney-ln-Fact
tr Trustee(s)
tr GuardianiConservator
tr Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Limited
General Number of Pages
27 of 27 Attachment 1
CITY OF SAN JUAN CAPISTRANO
REQUEST FOR QUALIFICATIONS FOR ON.CALL WELL AND
PUMP MAINTENANCE AND REPAIR SERVICES
REQUEST FOR QUALIFICATIONS (RFQ) POSTING DATE: July 30, 2018
QUALIFICATION STATEMENT SUBMISSION DEADLINE: August 23, 2018, 3:30pm
NOTICE INVITING QUALIFICATION STATEMENTS
NOTICE lS HEREBY GIVEN that the City of San Juan Capistrano ("City") invites and
will receive sealed Qualification Statements up to but not later than the submission
deadline above, at the office of the Utilities Department, City of San Juan Capistrano,
located at32450 Paseo Adelanto, San Juan Capistrano, California, for the furnishing to
City of all labor, equipment, materials, tools, services, transportation, utilities, and all
other items necessary for On-Call Well and Pump Maintenance and Repair Services
(the "Project"). The submitted Qualification Statements may be available for review,
upon request, after the City has finalized review of all qualified submittals. Qualification
Statements received after the submission deadline shall be returned unopened.
Qualification Statements and included pricing shall be valid for a period of M months
after the Qualification Statement submission deadline.
The successful Contractor shall be required to conduct the work in accordance with the
ON.CALL WELL AND PUMP MAINTENANCE AND REPAIR SERVICES
AGREEMENT ("Agreement").
Responses must be submitted on the City's forms "Qualifications Response Forms,"
which are attached hereto as Attachment 1 and made a part of this RFQ. The City's
Forms are also available on the City website. Envelopes containing the Qualification
Statements (Three originals, and, electronic format in Adobe pdf.) must be marked
"On-Call Well and Pump Maintenance and Repair Services," and the envelope must
show the Contractor's name and address. Envelopes must be sealed and addressed to:
City of San Juan Capistrano Utilities Division
32400 Paseo Adelanto
San Juan Capistrano, CA92675
Attention: Noreen Swiontek, Senior Management Analyst
Any Qualification Statements received after the established closing date and time will
not be accepted and will be returned to the Contractor unopened. Postmarks will not
1 of60 Attachement 2
validate submissions that arrive after the cut-off time listed above. Faxed or electronic
submissions will not be accepted.
Questions regarding this RFQ may be directed to Noreen Swiontek, Senior
Management Analyst at 949-487-4307 or email at nswiontek@saniuancapistrano.orq.
No other members of the City's staff or City Council should be contacted about this
procurement during the RFQ process. Any and all inquiries and comments regarding
this RFQ must be communicated in writing, unless othen¡rise instructed by the City. The
City may, in its sole discretion, disqualify any Contractor who engages in any prohibited
communications.
Be advised that all information contained in Qualification Statements submitted in
response to this RFQ may be subject to the California Public Records Act
(Government Code Section 6250 et seq.), and the information's use and disclosure are
governed by this Act.
INSPECTION OF G FACILITIES
The City will allow inspection of typical facilities of the City; which will consist of a site
visit to one typical well, and one typical pump station in an "Open House" style
unescorted tour. The sites selected for the pre-proposal tour are:
1) Kinoshita Well at the intersection of Camino Del Avion and Alipaz Street, in San
Juan Capistrano.
2) Captain's Hill pump station, across the street from 25705 Windjammer Drive in
San Juan Capistrano.
Staff will be present at each site to regulate access to the machinery and answer basic
questions. lt is incumbent on the contractor to find the sites and examine them in the
time frame allotted. The pre-proposal open house will be held on August 2nd,2018;
between the hours of 9:00 am and 11:00 am. Response to any questions beyond
generic responses requires written questions, with written responses.
For a general view of the condition, type, and physical layout of the wells, and pump
stations see Attachments 3 and 4 respectively. Actual conditions will vary, and these
facilities have been modified since their original construction.
EXAMINATION OF REOUIREMENTS
It is the responsibility of each prospective Contractor to download and print the RFQ
package for review and to verify the completeness of the RFQ package before
submitting a Qualification Statement. Any Addenda will be posted on the City of San
Juan Capistrano's website: http://sanjuancapistrano.orq/Departments/City-ClerldPublic-
Construction-Bids-Requests-for-Bids-RFQs. lt is the responsibility of each prospective
Contractor to check the City Website on a daily basis through the close of the period for
receiving Qualification Statements for any applicable addenda or updates. The City
2of60 Attachement 2
does not assume any liability or responsibility based on any defective or incomplete
copying, excerpting, scanning, faxing, downloading or printing of the RFQ package.
lnformation on the City website may change without notice to prospective Contractors.
Failure to acknowledge addenda may make a Qualification Statement nonresponsive
and not eligible for award of the contract.
Each Contractor must carefully examine the requirements contained herein and
specified in the sample Agreement, attached as Attachment 2. Upon receipt of
responses hereunder, each Contractor shall be thoroughly familiar with all requirements
contained herein. The failure or omission to examine any form or document shall in no
way relieve a Contractor from any obligation in respect to this Qualification Statement
as submitted. Any misinterpretation of the requirements is solely of the responsibility of
the Contractor.
PREPARATION OF QUALIFICAT¡ON STATEMENTS
Each Qualification Statement must be submitted on the "Qualification Response
Documents" (Attachment 1 ).
A. Qualification Statements shall only be prepared using copies of the forms included
as Attachment 1. The use of substitute forms other than clear and correct
photocopies of those provided by the City will not be permitted. Qualification
Statements shall be executed by an authorized signatory. ln addition, Contractors
shall fill in all blank spaces (including inserting "N/A'where applicable), and initial all
interlineations, alterations, or erasures to the forms. ln the section entitled "Proposal
Submissions Forms," the Contractor shall fill in the values for the equipment,
material, or labor which it can offer. lf the Contractor does not have said equipment,
material, or labor - place N/A in the blank. Contractors shall not delete, modify, or
supplement the printed matter on the forms or make substitutions thereon. USE OF
BLACK OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED.
Deviations in the forms submitted may result in the Qualification Statement being
deemed non-responsive.
B. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions
or provisions attached to a Qualification Statement may render it non-responsive
and may cause its relection. Contractors shall not delete, modify, or supplement the
printed matter on the City's forms, or make substitutions thereon. Oral, telephonic
and electronic modifications will not be considered.
C. All pricing is to include and cover all taxes, the performing of all labor requisite or
proper, and the providing of all necessary machinery, tools, apparatus, construction
equipment, and other means of repair to properly perform the tasks per the
Agreement.
3 of60 Attachement 2
D. Each Contractor shall submit a statement of experience and list of equipment owned
or operated over which they have immediate access to for the purpose of filling any
and all contractual obligations.
E. The Contractor must submit a copy of their Safety and lnjury and lllness Prevention
Programs (llPP) prior to award of a contract.
NDA AND ¡NTERPRETAT
No interpretation of the meaning of the RFQ package will be made to any Contractor
orally. Every request for such interpretation must be in writing and must be received at
least seven (7) days prior to the Qualification Statement submission deadline. Requests
for interpretation may be emailed to nswiontek@saniuancapistrano.orq. The City may
determine, in its sole discretion, whether an addendum warrants postponement of the
Qualification Statement submission deadline. Each prospective Contractor shall
provide the City a name, address, and email address, telephone number to contact the
Contractor. Any and all such interpretations and any supplemental instructions will be in
the form of written addenda which, if issued, will be posted on the City Website no later
than five (5) calendar days prior to the Qualification Statement submission deadline.
Addenda required later than five (5) calendar days prior to the Qualification Statement
submission deadline may cause a postponement in the submission deadline date.
Failure of any Contractor to receive any such addendum or interpretation shall not
relieve such Contractor from any obligation under the Qualification Statement as
submitted. All addenda so issued shall become part of the specifications and contract
documents. The Contractor shall indicate the Addenda received in the space provided
in the Qualification Response Form. Failure to indicate all Addenda may be sufficient
cause for rejecting the Qualification Statement as nonresponsive.
OPENING OF QUALIFICATIONS
City Staff will within 30 days of the Qualification Statement submission deadline review
the submitted Qualification Statements; analyze the qualifications and cost data
submitted in order to select qualified Contractors; after which point copies of submitted
Qualification Statements will be made available for inspection. The City will leave
unopened any Qualification Statement received after Qualification Statement
submission deadline, and any such unopened Qualification Statement will be returned
to the Contractor. lt is the Contractor's sole responsibility to ensure that its Qualification
Statement is received as specified. Qualification Statements may be submitted earlier
than the date(s) and time(s) indicated.
EXCEPTIONS CERTIFICATION TO THIS RFQ
ln submitting a Qualification Statement in response to this RFQ, Contractor is certifying
that it takes no exceptions to this RFQ including, but not limited to, the Agreement. lf
any exceptions are taken, such exceptions must be clearly noted in the Qualification
Statement and may be reason for rejection of the Qualification Statement. As such,
4of60 Attachement 2
Contractor is directed to carefully review the proposed Agreement and, in particular, the
insurance and indemnification provisions therein.
AWARD OF CONTRACT
The award of the contract will be made to the Contractor(s) who's Qualification
Statement(s) demonstrates that the Contractor(s) will best meet the needs of the City
and will provide services at a fair and reasonable price as determined by the City in its
sole discretion. Once all Qualification Statements are opened and reviewed, the City
may award the contract(s). lt is the Ci$'s intention to award contracts to two or more
Contractors, so as to have at least one Contractor with personnel and equipment
availability for any particular maintenance or repair task.
The successful Contracto(s) will enter into a contract with the City incorporating all
prescribed requirements and conditions of this RFQ on the Agreement form attached
hereto as Attachment 2. lf a successful Contractor refuses or fails to execute the
contract, the City may consider the next qualified Contractor.
DISCRETION TO AWARD
The City shall be the sole judge as to the successful Contractor The City reserves the
right to reject any or all Qualification Statements submitted in response to this RFQ and
to waive any informality or irregularity in this RFQ or in responses, to negotiate with all
qualified Contractors, or to cancel, in part or in its entirety, this RFQ, in the best interest
of the City. This RFQ does not commit the City to award a contract, or to procure or
contract for services or goods. Prospective Contractors shall be solely responsible for
and the City shall have no obligation in any manner for Qualification Statement
preparation, interview, fee negotiation or other marketing costs associated with this
RFQ.
EXECUTION OF CONTRACT
The City will mail a Notice of Award of Contract, enclosing the Agreement and any other
associated forms to the successful Contractor or Contractors. The Agreement, or a
facsimile of it shall be signed unaltered by the successful Contractor or Contractors and
returned with a copy of the Contractor's City of San Juan Capistrano's business license,
required certificates of insurance and endorsements, and llPP plan within fifteen (15)
working days after the Contractor or Contractors receives the Notice of Award of
Contract.
FILING OF PROTESTS
Contractors may file a "protest" of a Qualification Statement with the City's Assistant
Utilities Director. ln order for a Contractor's protest to be considered valid, the protest
must:
5of60 Attachement 2
A.Be filed in writing within five (5) calendar days after the City's analysis and
examination and rating of the Qualification Statements and announcement of the
results. ;
B. Clearly identify the specific irregularity or accusation;
Clearly identify the specific City staff determination or recommendation being
protested;
Specify in detail the grounds for protest and the facts supporting the protest; and
lnclude all relevant, supporting documentation with the protest at time of filing
lf the protest does not comply with each of these requirements, the City may relect the
protest without further review.
lf the protest is timely and complies with the above requirements, the City's Assistant
Utilities Director or other designated City staff member shall review the protest, any
response from the challenged Contractor(s), and all other relevant information. The
Utilities and Public Works Director will provide a written decision to the protestor.
The procedure and time limits set forth in this section are mandatory and are the sole
and exclusive remedy in the event of a protest. Failure to comply with these procedures
shall constitute a failure to exhaust administrative remedies and a waiver of any right to
further pursue the protest, including filing a Government Code Claim or legal
proceedings.
GENERAL TERMS AND CONDITIONS
The draft Agreement (Attachment 2), contains the terms and conditions of the contract
between the successful Contractor(s) and the City. The Contractor must comply with all
the terms of the Agreement (Attachment 2). lt is incumbent on the Contractor to read
and understand the entire Agreement prior to submitting a proposal. No modifications
to this Agreement will be made. The Contractor's attention is especially drawn to the
following sections:
A. Section 3.2.9 regarding Disputes.
B. Section 3.2.10.5 regarding Equal Opportunity Employment.
C. Section 3.2.11 regarding lnsurance, which the Contractor will have to provide prior to
issuance of the signed Agreement.
D. Section 3.2.13 regarding Bonds.
E. Section 3.3 regarding Fees and Payment.
F. Section 3.3.5 regarding Prevailing Wages.
G. Section 3.3.5 regarding Registration with the Department of lndustrial Relations of
both itself, and any subcontractors.
H. Section 3.4 regarding Termination
D.
E.
6of60 Attachement 2
l. Section 3.5.2 regarding lndemnification
SCOPE OF WORK
A. The Services are to be provided on an "as needed and when requested" basis
and include, but are not limited to, the repairs of Wells, Motors, and Pumps. 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. The Services may include,
but are not limited to, the diagnosis, repair, replacement, or rehabilitation of wells,
motors, and or pumps. These systems support pumps and motors from 40 Hp to
150 Hp. The City has separate Contractor's for electrical work. Examples of the
work are listed in Attachment 1 the Qualifications Response Form,and in Attachment
2, Exhibit "A" of the Agreement.
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. Well
rehabilitation work requires a response within four (4) hours, and actual mobilization
within 72 hours.
C. All emergency work will be done on a time and material basis plus normal markups
per the Agreement (Attachment 2). Daily reports will be prepared and submitted to
the City per section 3-3.3 of the Green Book. All work will 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 agencies with jurisdiction as required.
E. ln the event that a conflict or contradiction is discovered between the Qualification
Statement or the provisions set forth in the body of the RFQ and the City's
Agreement, the City's Agreement shall prevail.
USE OF BRAND NAMES
The use of the name of a manufacturer, brand, make or catalog designation specifying
an item does not restrict Contractors to that manufacturer, brand, make or catalog
7 of60 Attachement 2
designation. This is used simply to indicate the character, quality and/or performance
equivalence of the commodity on which proposals are submitted.
REQUIREMENTS
A. Work will ordinarily be performed between the hours of 7:00 AM and 6:00 PM,
Monday through Friday. Dependent upon the nature of the 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.
B. 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 work scheduling at all times. Contractor shall be able to
verbally respond to work requests within one (1) hour of notification by City.
C. Contractor must supply a list of equipment owned and available for work.
D. Contractor must supply a list of references for similar work performed.
E. Contractor may be required to supply additional experience references if requested
by City.
F. Contractor shall provide City with required proof of liability insurance, workman's
compensation insurance, vehicle insurance, and City business license as noted in
the contract.
G. Hourly rates and unit prices quoted shall include all labor, equipment, transportation,
cleanup, disposal, insurance, taxes and any other costs.
H. Hourly rates and unit prices quoted shall include all safety equipment required.
Traffic control may be required on some sites, and shall be included in quoted
prices.
l. Hourly rates for work shall be for actual time spent on the job site, and mobilization
per the submitted time on the Qualifications Response form.
J. Contractor shall protect any and all property adjacent to work areas. Any damage to
property resulting directly or indirectly from Contractor's oversight or negligent
actions shall be the responsibility of the Contractor. Damage to property
necessitated by the conditions or nature of the work will be paid for by the City.
K. All employees of Contractor shall wear a uniform or shirt that clearly identifies the
company.
8of60 Attachement 2
L. All employees of Contractor shall wear colored safety vests as required by OSHA
whenever working in City streets, or within ten (10) feet of City streets, or facilities.
M. Contractor must be able to provide a list of employee's names, dates worked and
hours worked on each date if requested by the City.
N. The Contractor must provide a copy of its C-57 Well Drilling license for the State of
California.
PERSONNEL
The Contractor shall use and furnish all labor necessary for the satisfactory
performance for the work set forth in this contract.
EQUIPMENT
A. Contractor shall display the name of his firm on any vehicles used by the
Contractor's employees to carry supplies and equipment. The firm name shall be in
letters large enough to be easily legible from a distance of thirty (30) feet.
B. All equipment used by the Contractor shall be kept in a neat and clean appearance,
maintained in top mechanical condition and properly adjusted, from an operational
standpoint and from a safety standpoint.
C. During the work, the City will provide a staging and nearby storage area for
equipment. Upon completion of the work, the Contractor must remove equipment, to
a private storage facility. Equipment shall not be stored in the public right of way, or
City property.
MATERIALS
A. The Contractor shall furnish all material and equipment necessary for the
performance of the work set forth in this contract.
B. The City at its discretion may provide materials necessary for the performance of the
work set forth in this contract.
C. The materials will meet the standards provided in the Specifications with the general
intent of replacing in kind the material currently installed. The City reserves the right
to require or specify make and models of equipment different from that specific
manufactures or model listed in these specifications.
D. During the work, the City will provide a staging and nearby storage area for
materials. Upon completion of the work, the Contractor must remove material to a
9 of60 Attachement 2
pr¡vate storage facility. After completion of the work, material shall not be stored in
the public right of way, or City property.
SUPERVISION
A. The Contractor shall provide such adequate supervision as to furnish continuous
surveillance of workmanship and adherence to schedules by the laborers performing
the work under contract.
B. The Contractor shall submit such reports as the City may require insuring
compliance with scheduled work.
C. The Contractor's field supervisor shall be onsite while work is in progress
TELEPHONE SERVICE AND EMERGENCY NUMBERS
A. 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.
B. Contractor is required to maintain operations facilities within a fifty-five (55) mile
travel distance of the City. Contractor is further required to provide City with a
twenty-four (24) hour emergency number for contact outside normal working hours.
EMERGENCY MEDICAL FACILITY
A. The Contractor is required to designate a twenty-four (24) hour emergency medical
facility to provide emergency medical treatmenUcare in the event of injury to any of
the Contractor's employees. lt will be the responsibility of the Contractor's crew
supervisor/lead worker to transport or make arrangements for the transportation of
any injured employee to and from the designated emergency medical facility or any
similar medical facility. The successful Contractor must provide the City with one (1)
copy of the "Proposer Emergency Medical Facility Designation and Procedure
Sheet" before a contract is awarded.
AUTHORIZATION OF WORK
A. Work will not be performed without prior approval and only as authorized by a City
representative. The selective repairs and/or emergency Repair approach should be
performed using a "find iUfix it" approach that consists of four primary steps:
10 of60 Attachement 2
1. Meet with City staff to discu.ss 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
Should an emergency condition exist that does not make steps two (2) through four
(4) possible, then City Staff shall authorize the work based on a field meeting.
Work will be tracked from daily time and materials sheets; that must be presented
and signed by a City representative. Contractor shall submit invoice for the work
within 3 weeks of completion.
ALTERATIONS
A. 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.
ACCEPTANCE OF WORK DONE
A. The City representative will make inspections and determine that the work has been
completed in all respects in accordance with these specifications.
BILLING FORM
A. Contractor shall provide a billing form and progress payment form approved by the
City.
METHOD OF WORK
A. The Contractor shall verify, that the USA Mark out has been fully conducted to
identify the location of all utilities prior to construction and shall be held liable for all
damages incurred due to his operations.
B. The Contractor shall provide storm drain pollution protection per the City NPDES
Program. See Agreement Section 3.2.10.7 regarding Water Quality.
C. The Contractor shall verify, that all safety procedures including isolation of system
piping and lock-out tag-out procedures and or disconnection of electrical services
have been fully completed prior to construction and shall be held liable for all
11 of60 Attachement 2
damages incurred due to his operations. City crews will isolate system piping
Electrical disconnections will be conducted by the City's Electrical contractor.
Attachments:
1. Qualification Documents
2. Sample Agreement
12 of 60 Attachement 2
QUALIFICATION RESPONSE FORM
Qualification Statements will be received at the Ci$ of San Juan Capistrano Utilities
Department,32450 Paseo Adelanto, San Juan Capistrano, California, until the date and
time noted in the RFQ.
From
NAME OF CONTRACTOR
To the City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
The undersigned Contractor, declares that he is familiar with the nature of On Call Well
and Pump Repair Services involved and the Request for Qualifications (.RFQ")
involved, and, examined and is familiar with all requirements, all addenda, and the
sample On-Call Well and Pump Maintenance and Repair Services Agreement (the
"Agreement"), and hereby proposes and agrees, if the Qualification Statement is
accepted, to complete said Agreement for services to be provided on an "as needed
and when requested" basis, which include, but are not limited to, periodic scheduled,
and unscheduled maintenance and repairs of wells, pumps, and motors. Contractor
understands and agrees that the award of a contract by the City does not guarantee any
work.
Contractor shall cross out on this RFQ those services, or enter "Not Available" on the
labor codes items or labor which Contractor does not offer:
Technical services required to perform comprehensive testing, trouble shooting, and
maintenance of wells, pumps, and motors.
Regular scheduled maintenance on pumps and motors including:
Remove & reinstall
Clean, dip, bake, & rewind motor
Balance
Voltage testing
Replacement of bearings and other components
Pump & Motor
a
a
o
o
o
o
o
U
a
Vibration analysis
Alignment
Repair and rehabilitation of wells:
o Cleaning, and disinfection
o Pull pump and motor inspect and repair, & reinstall
o Video inspect well
o Brush, bail, and chemically treat
o
o
o
13 of60 Attachement 2
Qualifications Response Form - On Call Maintenance Parts and MaterialsCost Extension$$$s$$$$$$Overheacl & Prof¡t as aPercentage (1)CommentsUnitsoalLFEAEAEAEAnaEAEAEAEAatv(4)2001101131na1111Cost $Materials / Parts Description (2)(3)QC21, Well Klean-Pipe Klean Preblend; CoteyChemical Coro Liquid Descaler, NW 310 or equal6-inch PVC Certa-Lock column, with splinecouplings, and fittings necessary to completeconnection to the submersible pump and thedischarqe head.6-inch NPT x CertaLok SST top adapter, modelBanding material, nuts, bolts. And other misc.qaskets.Electrical pig tailand splice, stainless steelbanding and buckles; splice kit, bolts, gaskets,tape, etc. for assembly and installation for a12-inch x 8-inch PVC motor shroud with collarNew Grundfos 31655 submersible pump andmotor, cable and appurtenances. 460V, 3-phase, 3450 RPM, with temerature sensons.40 Ho60 Hp75 HoPowder coated submersible pump plate, anddischarqe head elbow.(1) if overhead and profit are included in the rates provided; state "lncluded." Otherwise state the percentage(2) For any part not applicable, please note M N/4.(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 less may be purchased in the course of the year thequantity stated is 1.Att-O 1 A_B id-Sheets-WellPumpMaint \ Parts & Materials141dr260Attache¡¡s¡flspzot a
Qualifications Response Form - On Call Maintenance Parts and MaterialsCost ExtensionOverhead & Profit as aPercentage (1)CommentsUnitsMaterials / Parts Description (2)(3)lco"t slotvIt¿l1)2l3)4)5)Bidders Notes:Contractor NameContractor lnitialsAtt-0 I A_B¡d-Sheets_WellP u mpMaint \ Parts & Materials1*dr260Attache¡¡srit3Ezota
Overhead & Profitas a Percentage(r)Units(7)davdavdavdaydaydaydavdaydaydavdaydavdaydaydaVdavdaydavdavotv(5)2311121511511323131Cost to Mobilize(6)Cost $ WITHOperator (3)No. Persons inCrewI022211234234112311Equipment Description (2X4X8)10 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 ofwell building and clearing building geometryin Exhibit "4"Air liftinq Riq, service truck and compressorCable Tool RiqTest pump and 150 Hp Engine or lessCrane truckService Truck 1 ton 2 person crewService Truck 1 ton _3_ person crewService Truck 1 ton 4 person crewService Truck over 1 ton 2 person crewService Truck over 1 ton _3_person crewService Truck over 1 ton 4 person crewElectrical service truckChemical Trailer with Grade ll WaterTreatment Operator CertificateCrew truck; for Labor not associated withmajor equipment.Crew truck; for Labor not associated withmaior equipment.Flatbed truck and DriverWelding truck & welding equipment, withcertified welder.Qualifications Response Form - On Call Maintenance Equipment and MachineryAtt-O 1 A_B id-S heets_Well P u m p M a i nt \ Eq u i pment16r ofıoAttachemeÍt¡1t8018
Overhead & Profitas a Percentage(r)Units(71Qtv(5)Gost to Mobilize(5)Cost $ WITHOperator (3)No. Persons inCrewEquipment Description (2X4X8)Qualifications Response Form - On Call Maintenance Equipment and Machinery(1) if overhead and profit are included in the rates provided; state "lncluded." Otherwise state the percentageadded(2) For any part not applicable, please note w/ N/4.(3) Fill in equipment costs, with operator.(4) Provide-details_on equipment offered.in attachments. lf your firm has a equipment of a different size than noted,purchase by the City in the course of one year. Where 1 or less may be purchased in the course of the year thequantity stated is 1.(6) lf cost to mobilize is included in the equipment cost state as $0.(7) A day is defined as an 8 hour day.(8) Major equipment costs to include the cost of any ancillary crew trucks or other support vehicles.Bidders Notes:Contractor NameContractor lnitials14Att-O 1 A_B¡d-S heets_Wel I Pu m pM a i nt \ Eq u i pment17dfæ,}AttachemelTltPols
CostExtensionss$ss$a$sOverhead &Profit as aPercentaqe (l)Double-t¡meRate ($/hour,$/day, $/Unit(2,3tOvertime Rate($/hour, $/day,$/Un¡t (2,3)Unit Costatv(Hrs.)TotalUn¡tsHrs.Hrs.Hrs.Hrs.Hrs"Hrs.Hrs.Hrs-Hrs.Aty (4140404020III44Cost to mobilize(5)$0$0$0s0s0$0Regular DaytimeRate ($/hour,$/day, $/Unitl (2)LaborTroubleshoot pump, prov¡de testequipment, ¡ncludes minor repairwork.Shop Work 16lGeneral Shop labor/ Shop helperMachine shop laborPumo and motor mechanicMetal sprav workMachinistWelder/ FabricatorProfess¡onal WorkEno¡neer¡noHvdrooeolooistQualification Response Form - On Call Maintenance Labor(1)¡foverheadandprofictareincluded¡ntheratesprovided; state"lncluded." Otherwisestatethepercentageaddedtothefinal b¡ll.(2) Provide the rate for the labor rate for the listed work which your firm charges for performance of the described work, or provision of the(3) For any classification not applicable, please note w/ N/4.(4) Quantity ¡s for general estimation purposes. The quant¡t¡es listed are the approx¡mate amount projected for purchase by the City inthe course of one year. \y'úhere I or less may be purchased in the course of the year the quantity stated is 1 .(5) lf cost to mobilize is included in the billing rate state as $0.(6) Shop labor should not have mobilization cost.Bidders Noteslì2\3ì4)5)Contractor NameContractor ln¡titialsAtt-O1 A_Bid-Sheets_WellPumpMaint \ Labor18,ofi 60AttaChementi&/20i8
Qualifications Response Form - On Call Well and Pump Maintenance - Tasks for WellsGost Efension$s$$$ss$$$$$Overhead &Prof¡t as aPercentage (l)UnitsEAEAEAEAEAEAEAHoursHoursEAEAEAatv(2122242221616222CostCommentsOrderofWork012.12.22.32.32.42.52.52.82.93.tExisting Submersible Pumps & Motons, Work |temsMobilize, Pull, and after work, reinstall: Motor, Discharge head, column pipe,Pump assembly, and sounding tube. All wells have roof access v¡a skylight to pulloumo & motor: see olans Exhibit "4". Size pumÞ r¡q accordinqlv.Disconnect and reconnect electrical pouær supply, and SCADA controls wiringfrom oumo/ motor.Color Video Forward and 360-deg s¡de scan of well conditions before or aftercleaninq work: supolv CD-ROM of video.Provide Engineering ¡nspection of the pump, motor, well column, vræll video, andsubmit enqineerinq report with recommendations for rehabilitation work.Brush vr¡ell ûth a Nvlon brush. swab, and bail until all sediment removedWell clean out us¡ng air blast and clean method using either Boreblast 2@ methodAirBurst@ lBolt Air Gun) method. Sonar-Jet@ method; or aporoved equal.Chem¡cally treat vvell using Well Klean-Pipe Klean Preblend or equal provided bythe City) 55 gal approx.; potable water, 800 gal approx. Provide suitable mixingtanks, pumps, and p¡p¡ng to inject chemicals. Place chemicals using a tremie withtight fitting swabs at each end over the length of the screened area. Add sufficientchemical to lower pH to 2.0. Mechanically surge as noted below (costs includedseparate - line and I hour minimum and up to 20 hours soak - time, forthe pH return to 6.5 - 7, indicating full reaction of chemicals. Separate solids anddispose in properly per Local, State and Federal regulations and pump to waste.All chemicals lo be NSF certified.Mechanical surge well with double disk surge block and simultaneous a¡r!¡ftpumping. Ag¡tate each 10 foot zone for a min¡mum of 20 min. (3)Mechanical surge well with double disk surge block. Ba¡l until all sediment isremoved. Agitate each 10 foot zone for a minimum of 20 min. (3)Transport pump, motor, riræll column, and well, to Contractors shop; disassembleas needed. insoect and Drovide ¡nformation for report above on cond¡t¡on.Clean column pipe. lnspect and replace as needed Certalok coupl¡ngs.Supply, use, and remove temporary storage tanks, (1) 20,000 gallon and (1) 2,500gallon tanks. Provide, labor, pumps, neutralizing chemicals, and lab tests for welltreatment process or well pump water removal and neutralization, and sedimentduring chemical treatment. Discharge water to sewer system. Pump out welltreatment chemicals until clear and removed; and d¡spose to sewer system atmaximum rate of 50 gpm. Distance to seì,ver 100 feet. Remove and dispose ofsediments extracted to approved disposal facility.Att-o1A_Bid-Sheets_WellPumpMaint \ WellWork19'sP60Attachemenþølzo1l
Overhead &Profit as aPercentage (l)l"*,ExtensionUnitsatv(21CostComments:OrderofWorkExist¡ng Submersible Pumps & Motors, Work ltemsQualifications Response Form - On Call Well and Pump Maintenance - Tasks for Wells(1)arerates prov¡ded; state "lncluded.added to the final bill.(2) euantity is for general estimation purposes. The quantities listed are the approximate amount projected for purchase by the City in the course of one year. \A/here1 or less may be purchased in the course of the year the quantity stated is 1 .(3) Only one or the other would actually be done.Bidders Notes:Contractor NameContractor lnitialsr)2\3)5lAtt-O1A_B¡d-Sheets-WellPumpMaint \ WellWork21rsþ60Attache¡s¡fi@zota
Cost Extension$$$$$$$$$$$$$$$Overhead & Prof¡t as aPercentage (l)UnitsEAEAEAEAEAEAEAEAEAEAEAEAEAEAotvtzl22221111212112CostCommentsOrderorworkI1.51.62.22.32.32.32.33.244444Pumps & Motors, Work ltemsMobilize / Demobilize for general pump and motor pulling andinstallationDisconnect and reconnect electrical power supply, andSCADA controls wirinq from pumo/ motor.Pull Motor, Discharge head, Pump assembly. Pumps must beremoved through pump station doors. Size pump rigaccordinqlv. See typical pump stat¡on in Exhibit #5.Transport pump, & motor to Contractors shop; disassemble asneeded, inspect and provide report on condition along withrecommendations of repair with costs.Provide Engineering inspection of the pump, and motorSubmit Enoineerinq report with recommendations.Refurbish motor 75 Hp: Clean, dip, bake, rewind, balance,voltaqe testinq, bearinq replacement.Refurbish motor 100 Hp: Clean, dip, bake, rewind, balance,voltaqe testinq. bearinq replacement.Refurbish motor 250 Hp: Clean, dip, bake, rewind, balance,voltaqe testinq, bearing replacement.Refurbish mechanical sealRe-install refurbished or replacement pump and motor, checkrotation, couple pump to motor and mechanical seal, adjust,alion. seal. and start uo.Linecoatrge134 fusionrotectionOil change on turbine (Hoz or Vert), grease bearings on splitcase motor and pump, grease motor and pump. lncluded allmaterials and labor.Replace mechanical sealSandblast oartsPressure steam clean site and equipmentQualifications Response Form - On Call Well and Pump Maintenance - Tasks for Pump StationsAtt-O1A_B¡d-Sheets-WellPumpMaint \ Pump-Work21tú260AttaChe¡s¡fr@rzote
Overhead & Profit as aPercentage (1)l"*,ExtensionUnitsatv(21CostGommentsOrderorworkPumps & Motons, Work ltemsQualifications Response Form - On Call Well and Pump Maintenance - Tasks for Pump Stations('l)if overhead andarerates"lncluded." Othenvise state the percentage added to the(2) Quantity is for general estimation purposes. The quantities listed are the approximate amount projected for purchase by the City in the course of oneyear. Where 1 or less may be purchased ¡n the course of the year the quantity stated is 1.Bidders Notes:Contractor NameContractor lnitials1)2\3)4)5)Att-01 A_B¡d-Sheets_WellPumpMaint \ Pump-Work22zdfz60Attache ç1¿¡lrp1zorc
$$-Ext.$$$$Overhead & Profit as aPercentage (1)UnitsEAhoursotv(21448000GostCommentsOrderorwork12Pumps & Motors, Work ltemsMobilize / Demobilize for Control Valve maintenceDisassemble Cla-Valve and Cla-Valve pilotry controls, clean,reolace needed parts, re-assemble. (3)Qualifications Response Form - On Call Well and Pump Maintenance - Tasks for Control Valve Maintence andReir Stationsand profict are included in the ratesstate "lncluded."added to the final bill.(2) Quantity is for general estimation purposes. The quantities listed are the approximate amount projected for purchase by the City in the course of one yearWhere 1 or less may be purchased in the course of the year the quantity stated ¡s 1.(3) Parts paid by cost plus OH&P mark-up.Bidders Notes1)2\3)4)5lContractor NameContractor lnititialsAtt-01A_Bid-Sheets_WellPumpMaint \ Control-Valve23te160Attache¡snfrfl,zots
A. CONTRACTOR IDENTIFICATION
Leqal Name
Street Address:
Mailinq Address
Business Telephone Number
Fax Number
EmailAddress
Tvoe of Contractor f lSoleProprietorI lPartnership t lCorporation t lOther
Contractor License
Type
Number
lssuing Aqency
Federal Tax ldentification #:
Dept of lndustrial Relations #
Proiect Manaqer:
Authorized Official Siq nature Date:
Print Name and Title
CONTRACTOR'S STATEMENT OF CE- FINANCIAL CONDITION. AND
REFERENCES
1. Company's years of experience in similar construction work:
The following outline is a record of the undersigned Contractor's experience in the
performance of at least three (3) projects (projects must be most recent comparable
projects) of a type similar, in magnitude and character, to that contemplated under the
RFQ. lnclude the location of each project as well as the name, address, and phone
number of the owner, and name of the individual to contact The Contractor may
provide a standardized work history/ client list with the same information as an
attachment, but not as a substitute for completing the from below
Owner's Name
Contact Person
Address of Owner:
Phone
Proiect Description
Amount of Contract:
Owner's Name:
Contact Person
Address of Owner:
Phone
Proiect Description
Amount of Contract:
24 of 60 Attachement 2
Owner's Name
Contact Person
Address of Owner:
Phone:
Proiect Description
Amount of Contract:
2. As a part of this section, submit a signed financial statement, financial data, or other
information that would provide an appraisal of your company's financial condition.
3. Company's Reference:
The following outline is a record of the undersigned Contractor's references in
construction of a type similar, in magnitude and character, to that contemplated under
the RFQ. Please include at least three references that can be verified. The Contractor
may provide a standardized work client list with the same information as an attachment,
but not as a substitute for completing this form.
Reference Company:
Contact Person
Phone:
Proiect Description
Amount of Contract:
Reference Company:
Contact Person
Phone
Proiect Description
Amount of Contract:
Reference Companv
Contact Person
Phone
Proiect Description
Amount of Contract.
25 of 60 Attachement 2
CONTRACTOR'S SU BCONTRACTORS
1. List the name and address of each key subcontractor who the Contractor anticipates
will perform work in or about the work or improvement, or who will specifically fabricate
and install a portion of the work. lf the work does not require sub-contractors, or your
firm does not need subcontractors for the work described state "Not Applicable."
Subcontractor (a):
Name
Address
Portion of Work
License
Subcontractor (b)
Name
Address
Portion of Work
License
Subcontractor (c)
Name
Address
Portion of Work
License
26 of 60 Attachement 2
SPECIFIC INSTRUCTIONS TO CONTRACTORS
SUBMITTI NG QUALIFICATION STATEMENTS :
CONTRACTORS are advised that:
The Contractor shall prepare its response to the RFQ on this Qualification Response
Form.
Award, if made, could be made to several Contractors with any combination of the types
of work specified, and offered by the Contractor.
All work shall be conducted by a Contractor which has demonstrated its successful
experience in the performance of comparable work.
ln the column marked overhead and profit, note either "lncluded" if the overhead and
profit is included in the rates listed on these forms, or state a percentage.
Contractors must attach a copy of their standard "Cost Plus Rate" sheets showing their
standard rates and charges for labor and material plus mark up.
Qualifications Response Forms
Contractor must complete the following labor and materials forms, and attach its standard
rate sheet of charges for equipment and labor. The Mobilizationl Demobilization can be
stated as flat cost, or minimum hours of use.
27 of 6O Attachement 2
Fixed Lump Sum Work:
Note: Prices for Lump Sum Fixed work to include all labor, material, and overhead and
profit.
3. Sub-Gontractors
The services of subcontractors will comply with all terms and conditions required of the
Contractor.
4. Experience and Qualifications
. Provide an overview of the company and resources to accomplish the
requirements of this RFQ.. List work experience and qualifications of the Superintendent.. List work experience and qualifications of the Foreman.o List work experience and qualifications for equipment operator.. What training and qualifications do you require your equipment operators to
maintain?¡ Provide any other information that may be helpful in evaluating your company's
ability to perform the proposed work.. Provide a proposed response time, if different than the required four (4) hour
response time, per contract.
5. Standard Rate Sheets
Attach Contractors Standard Rate Cost Plus Rate Sheet for all other Equipment,
Material, Labor, and Services provided by Contractor.
6. Emerqencies
Provide responses to the following two questions
(i)What will be rocedure to res nd tor calls?
(ii) How will the City contact your company on a24-hour basis?
7. Copv of Contractor License
Provide a copy of your contractor's C-57 (Well Drilling and Pump) license with your
Qualification Statement.
28 of 60 Attachement 2
8. Copv of llPP (lllness and lniurv Prevention Plan)
Can the Contractor provide a copy of its llPP prior to award of contract? (Circle one
Yes / No)
9. General Costs
Please indicate the percentage mark-up for subcontract work if applicable:o/o
Please indicate percentage mark-up for purchased materials:o/o
29 of 60 Attachement 2
Addendum Declaration
The undersigned agrees that this Qualification Statement constitutes a firm offer to the
City which cannot be withdrawn for the number of calendar days indicated in the RFQ
from and after the Qualification Statement submission deadline, or until a contract for
the work is fully executed by the City and the Contractor, whichever is earlier.
Contractor has examined copies of the RFQ package, including the following Addenda
(receipt of which is hereby acknowledged):
Number Date
Number Date
Number Date
Number Date
lf the contract is awarded, the undersigned agrees to enter into a contract with the City
on the Agreement form attached to the RFQ and to commence work within fifteen (15)
calendar days from the date of execution thereof.
It is understood that the City reserves the right to increase or decrease the frequency of
any item or portion of the work or to omit portions of the work as may be deemed
necessary by the Public Works and Utilities Director. lt is also understood by Contractor
that the City has the right to reject this Qualification Statement or to award contract to
the undersigned at the prices stipulated.
Signature of Contractor:
Name
Signature
Company Name
30 of 60 Attachement 2
Gertifications:
Contractor certifies under penalty of perjury under the laws of the State of California that all
of the information submitted in connection with this Qualification Statement and all of the
representations made herein are true and correct.
Contractor understands that the quantiles of work listed on the qualifications response
forms are approximate subject to change of greater than 25o/o increase or decrease.
It is understood that the City reserves the right to increase or decrease the frequency of any
item or portion of the work or to omit portions of the work as may be deemed necessary by
the Public Works and Utilities Director.
The Contractor understands that the material and labor listed exist only for the purposes of
evaluating the possible costs of work by the Contractor; and are not intended to describe or
promise the actual work and its quantities.
It is also understood by Contractor that the City has the right to reject this Qualification
Statement or to award contract to the undersigned at the prices stipulated.
lf the contract is awarded, the undersigned agrees to enter into a contract with the City on
the Agreement form attached to the RFQ within fifteen (15) calendar days from the award
date.
Signature of Contractor:
Name
Signature
Company Name
31 of 60 Attachement 2
Non-Goll usion Declaration
The undersigned declares
I am the of the party
making the foregoing Qualification Statement.
The Qualification Statement is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation.
The Qualification Statement is genuine and not collusive or sham. The Contractor has
not directly or indirectly induced or solicited any other Contractor to put in a false or
sham response. The Contractor has not directly or indirectly colluded, conspired,
connived, or agreed with any Contractor or anyone else to put in a sham response, or to
refrain from responding. The Contractor has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the pricing set
forth in the Qualification Statement of the Contractor or any other Contractor, or to fix
any overhead, profit, or cost element of the Qualification Statement pricing, or of that of
any other Contractor. All statements contained in the Qualification Statement are true.
The Contractor has not, directly or indirectly, submitted his or her Qualification
Statement or any breakdown thereof, or the contents thereof, or divulged information or
data relative thereto, to any corporation, partnership, company, association,
organization, response depositoU, or to any member or agent thereof to effectuate a
collusive or sham response, and has not paid, and will not pay, any person or entity for
such purpose.
Any person executing this declaration on behalf of a Contractor that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or any
other entity, hereby represents that he or she has full power to execute, and does
execute, this declaration on behalf of the Contractor.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on [date],
at [city],[state]
Name of Contractor
Signature
Name
Title
32 of 60 Attachement 2
Public Works Contractor Reoistration Gertification
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors
that wish to enter into a contract to perform public work must be registered with
the Department of lndustrial Relations. See http://www.dir.ca.qov/Public-
Works/Pu blicWorks. htm I for add ition al information.
No bid will be accepted nor any contract entered into without proof of the
contractor's and subcontractors' current registration with the Department of
lndustrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in
Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor
with the Department of lndustrial Relations.
DIR Registration Number:
Bidder fu rther acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the project
2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1
in its contract with subcontractors and ensure that all subcontractors are registered
at the time of bid opening and maintain registration status for the duration of the
project.
3. Failure to submit this form or comply with any of the above requirements may
result in a finding that the bid is non-responsive.
Company Name of Bidder:
Signature:
Name:
Title:
Dated
33 of 60 Attachement 2
CITY OF SAN JUAN CAPISTRANO
ON.CALL WELL AND PUMP MAINTENANCE AND REPAIR SERVICES
AGREEMENT
1. Parties And Date.
This Agreement is made and entered into this day of
2018, by and between the 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
[***INSERT NAME***], a [***[NSERT TYPE OF ENTITY - CORPORATION,
PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITYI*.*I with its
principal place of business at [***INSERT ADDRESS***] ("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 Cig 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") 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 Order(s) to be issued
pursuant to this Agreement for future prolects 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
34 of 60 Attachement 2
compensation will be spent.
3 TeRru¡s.
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 "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 and shall meet any other established 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.
9.2 Responsibilities of Contractor.
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
ditferent 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.
35 of 60 Attachement 2
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
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. 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 Aool icable Reouirements 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 Reþresentative. Contractor hereby designates
IINSERT CONTRACTOR REPRESENTATIVE NAMEI, 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 Emplovees. 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
36 of 60 Attachement 2
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
perform, at its own cost and expense and without reimbursement from the Ci$, 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 Pro¡ect
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.
3.2.1OLaws and Regulations: 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
37 of 60 Attachement 2
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.
3.2.10.1 Emplovment Eliqibility: 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 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 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 Emolovment Elioibilitv: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.
3.21A3 Emolovment Eliqibilitv: 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
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.
38 of 60 Attachement 2
3.2.10.5 Equal Opportunity Emplovment. Contractor
represents that it is an equal opportunity employer and it shall not discriminate against
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)Manaoement a ncl Comnlianee To the extent
applicable, Contracto/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 Ci$'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.
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(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
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 thís 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 Employels 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
40 of 60 Attachement 2
apply separately to this Agreemenllocation 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
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
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. lf
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. 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
terminate this 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
41 of 60 Attachement 2
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
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(8), 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 Emplover's Liabilitv
Coveraqe. 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 Coveraqes. 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 Special 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
42 of 60 Attachement 2
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
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
adm inistrative 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.
3.2.12Safetv. 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)
43 of 60 Attachement 2
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
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 Pavment 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 10 days of receiving notice from City. 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 Surety Qualifications. Only bonds executed by an
admitted surety insurer, asdefined 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.
3.2.14Accountinq 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
44 of 60 Attachement 2
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
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 ïask Order shall
be set forth in the relevant Task Order. The cost of travel time, bonds, insurance, otfice
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 Comgensation. 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
45 of 60 Attachement 2
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
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 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.
46 of 60 Attachement 2
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:
ITNSERT NAMEI
IINSERT ADDRESS]
Attn: INSERT NAME AND TITLE]
City:
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.
3.6.2 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
for any claims, demands, causes of action, costs, expenses, liabilities, losses, damage
47 of 60 Attachement 2
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 lndemnitv Oblioations. 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. 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.
3.5.5 Citv's Riqht to Emplov Other Contractors. City reserves right to
employ other contractors in connection with this Project.
48 of 60 Attachement 2
3.5.6 Successors and Assiqns. 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.
3.5.10Waiver. 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 shallcontinue 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
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
49 of 60 Attachement 2
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.
3.5.14Cooperation: 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 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.
3.5.16Authoritv 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.
3.5.18Entire 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]
50 of 60 Attachement 2
SIGNATURE PAGE FOR ON.CALL WELL AND PUMP MAINTENANCE SERVICES
AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND r**INSERT CONTRACTOR NAME***I
lN WITNESS WHEREOF, the Parties have entered into this Agreement as of the
[***INSERT DAY***] day of [***INSERT MONTH***], 2018.
CITY OF SAN JUAN CAPISTRANO
Approved By:
il NSERT CONTRACTOR NAMEI
Benjamin Siegel
City Manager
Signature
Name
Date
Attested By:Title
Maria Morris, City Clerk
Approved As To Form:
Date
City Attorney
51 of 60 Attachement 2
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. 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
52 of 60 Attachement 2
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 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 alldamages 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).
53 of 60 Attachement 2
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-CallWell 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 iUfix if' 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 Q$ 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
54 of 60 Attachement 2
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.
55 of 60 Attachement 2
r**NSERT RATES & AUTH0RTZED
EXHIBJT 'IB''
COMPENSATîON
56 of 60 Attachenrent 2
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: INSERT NAME OF CONTRACTOR]
The Contractor is hereby authorized to perform the following work subject to the
provisions of the Agreement identified above:
List any attachments: INSERT ATTACHMENTS, lF ANY]
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.
c¡TY OF SAN JUAN CAPTSTRANO INSERT CONTRACTOR NAMEI
Dated: Dated:
By:By
57 of 60 Attachement 2
EXHIBIT "D''
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Juan Capistrano (hereinafter designated as the "CiÇ"), by
action taken or a resolution passed ,2018, has awarded to
hereinafter designated as the "Principal," a contract for the work described as follows:
(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 lnsurance 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..
as Surety,
sum of
NOW THEREFORE, we, the Principal and
are held and firmly bound unto the City in the penal
ro@Rå'Å":i[1-"ffi J'TiJil%:i:"JilÏ'i1,Ì51,?il'"îIf; !i3:
executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION lS 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
lnsurance 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
58 of 60 Attachement 2
of
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
CivilCode.
lN WITNESS WHEREOF, we have hereunto set our hands and seals this _ day
2018
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)Surety
By
Attorney-in-Fact
Title
Signatures 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.
59 of 60 Attachement 2
Notary Acknowledgment
A notarv oublic or other officer comoletino this certificate
verifies bntv tne identitv of the individual -who sioned the
document tô which this'certificate is attached, anð not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On 2018, before me,Notary Public, personally
appeared , 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) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable fo persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPT¡ON OF ATTACHED DOCUMENT
tr lndividual
¡ Corporate Officer
T¡tle(s)or Type
¡ Partne(s) tr
tr
¡ Attorney-ln-Fact
tr Trustee(s)
tr Guardian/Conservator
tr Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Limited
General
Date of Document
Signe(s) Other Than Named Above
60 of 60 Attachement 2
Qualifications Response Form - On Call Well and Pump
Maintenance - Cost Proposal Summary
General Pump
Company
Layne
Christensen
Company
Legend Pump
& Well
Service, lnc.
Parts & Materials $71,570 $72,066 $40,091
Equipment $78,640 973,721 s94.453
Labor $17,700 $13,666 $20,230
WellWork $1 1 1,560 9124,128 $127,49A
Pump Work $35.520 $20,689 $30,491
ControlValve Work $9,040 $13,860 $9,248
Total $524,U5U lis1ð,1JU $ózz,uuJ
Page 1 of 9 Attachment 3
10t1t2019Bid Recap Sheets 8.23.18 \ CostSummary 1 of 9
-t0)(ooN)o(o0)o53o(,Qualifications Response Form - On Call Maintenance Parts and MaterialsLts(itsNu PUMl. at YYtsLL ùEKY|UE,lNc.Cost Extension$ 11.040s5.104$418$225$975$980$3,957$6,400$10,302$690$40,091UnitsoalLFEAEAEAEAnaEAEAEAEAQtv2001101131na1111Gost $$s5$46$418225$325$980$3.9s7$6,400$10.302$690LAYNE CHRISTENSEN COMPANYCost Extension$ 14,800$2,860$285$780$s562$12,E66$16,093$ 18,107$5,711$72,066UnitsqalLFEAEAEAEAnaEAEAEAEAary2001101131ne1111Cost $s74$26$2850$260$562$12,868$16,093s18.107$5,711GENERAL PUMP COMPANYCost Extension$9,600$4,400$400$300$2,340$'1.200$ 13,800$1 8,1 50$ 20,400$980$71 ,570UnitsqalLFEAEAEAEAnaEAEAEAEAQtv2001101131na111'lCost $$48$40$400300$780$1,200$13.800$1 8,1 50$20,400$980Materials / Parts DescriptionQC21, Well Klean-Pipe Klean Preblend; CoteyChemical Corp Liquid Descaler, NW 310 or equal6-inch PVC Certa-Lock column, w¡th spl¡necouplings, and fittings necessary to completeconnection to the submersible pump and thedischarqe head.ô-inch NPT x CertaLok SST top adapter, modelBanding material, nuts, bolts. And other m¡sc.qaskets.Electrical pig tail and splice, stainless steelbanding and buckles; splice kit, bolts, gaskets,etc. forand installationl2-inch x 8-inch PVC motor shroud with collarNew Grundfos 31655 submersible pump anclmotor, cable and appurtenances. 460V, 3-phase, 3450 RPM, with temerature sensors.40 HÞ30 HpZ5 HpPowder coated submersible pump plate, andlischarqe head elbow.Bid Recap Sheets 8.23.18 \ Parts & Materials2of910t1t20'19
Qualifications Response Form - On Call Maintenance Equipment and Machinery$94,453$ 3.960s 2.910$ 3.590$ 3.990CostEfension$ 4.280$ 2,600$ 3,903$ 3,330$ 6,410$ 3,900s 10.550$ 10,550$ 2,910$ 3,590$ 4,470$ 9,660s 8.430$ 3.590$ 1.830¡V¡vavUn¡ts(7)davdavdavdavdavdaydavdavdavdavdavdavdavdavdavdavotv(s)23'l112151151I323I31150250250150i150Cost toMobilize (6)200$200$23$300$150$1 50$1 50$'150$1 50$300$1 50s1 50$1 50i1.4403.0803,0803,6001.320LtsGtsNU WtsLL & PUMP Stst{Vl(jts, tNG.Cost $ WITHOperator (3)$2,040s2.400$3.880$2,080$2,760$3,440$2.080s2.760$3.440$4,680$2,760$3,440$r,280sl .680$ 10,045$ 2,853$ 3.198$ 1,543s 3.777$ 2.465GostExtension$ 3,020$ 2,763s 2.465s 5.399$ 3,617$ 10,045s 2.853$ 3.617$ 2.444$ 5,872$ 2,774$ 3,737$ 1,234vt3,t21avavavavavavUnitst7ldaydaydavdavdavdaydaydavdavdavdavdavdayotvt5)231I121511511323131Cost toMobilize (6)$348$0$514$560$514$208s332$410$550$68E$410$550$688$276$250$388$528s272$2422.3032.9291.2111.9271.155$921$1,951$4,839$1,951$1,495$1.927$2.303$2,929$1,167$1,097$r,828s2.246$992LAYNE CTIRISTENSEN COMPANYCost $ WITHOoerator f3l$r,336$ 5,040$ 1,500CostExtension$ 4.000$ 3.000$ 4,000$ 2,000$ 2,000$ 1,000$ 10,000s 2.700s 3.500$ 10.000$ 2.700$ 3.500$ 4,000$ 6,000$ 7,220s 4.800$ 1.680ö/ö,o4u]VtvavaydavdavdavdavdavdaydavUnits(71davdavdavdavdavdaydavdavatvt5t231I12I5II511323131Cost toMobilize f6ì800$0$600$800$400$0$200$2,000$500$600$2,000$500$600$1.200$800$1,200$500$1,200$400Cost $ WITHOperator (3)s1.600$500$2.400$3.200$1,600$1,000$800$1,600s2,200$2,900$1,600$2,200$2,9001280$1.600$1.600$6.720$1,200$1,280GENERAL PUMP COMPANYNo.Personsin Crew,|0222112a4224112a11A¡r Compressor 600 cfm or largerEquipment Descript¡on (2X4XB)l0 ton crane capable of lifting pump,motor, and vrcll column through skylightof vræll building and clearing buildingqeometry in Exhibit 3 & 4Pump pulling r¡g capable of lifting pump,motor, and væll column through skylightof well building and clearing bu¡ldingqeometry in Exhibit "4"Air lifting Rig, service truck andcompressorCable Tool RiqTest pump and 150 Hp Enqine or lessCrane truckServ¡ce Truck 1 ton 2 person crewService Truck 1 ton 3 person crewService Truck 1 ton 4_ person crewUServic0lruck over 1 ton 2 person crewServicÚhruck over 1 ton 3 person crew(¡)Servicgfruck over I ton 4 person crewElectridrservice truckChemi.6tTra¡ler with Grade ll WaterTrealment Operator CertificateCrew truck; for Labor not associated withma¡or equipment.Labor notFlatbed truck and DriverWelding truck & welding equ¡pment, wthcertifìed vlelder.I olal Uoslf3of(tBid Recap Sheets 8.23.18 \ Equ¡pment3ofg10t1t2019
Qualifications Response Form - On Call Maintenance Equipment and MachineryNotes( t ) ¡f overhead and profit are included in the rates provided, state "lncluded." Otheruise statethe oercentaoe added to the final bill.(2) For anv Dart not aoolicable, olease note W N/4.(3) Fill in equiDment costs, with operator(4) Provide details on equipment offered in attachments. lf your firm has a equipment of ad¡fferent size than noled, state in "Bidders Notes" below. Attach extra sheets if needed.projected for purchase by the City in the course of one year. Where I or less maybethe¡n the course of thearepurposesstated is 1(6) lf cost to mobilize is included in the equipment cost state as $0.(7) A dav is defined as an I hour dayNo.Personsin G¡ewCost $ WITHatvCost loMobi!¡zecrew trucks or otherUnitsvehicles.$WITHatvMobilizetoUn¡ts$ wtTHatvtoUnitsDesccosts to include the cost ofExtension-u0)(ooso(o0)o)3of(,Bid Recap Sheets 8.23.18 \ Equipment4 ol910t1t2019
CostExtension$ 8,150$ 3.400$ 3,600$ 2.200s 1.200$ 880$ 800$ 20,230UnitsHrsHrsHrsHrsHrsHrsHrsotvf4t40404020IIICost tomobilizet5)$1 50$0$0$0$0$0$oLEGEND WELL & PUMP SERVICES, INC.RegularDaytimeRate($/hour,$/day,$/Unit) (21$200s85$s0$1 10$1 50$1 10$1 00CostExtension$ 5,606$ 2.600$ 2,600$ 1.300$ 520s 520$ 520$ 13,666UnitsHrsHrsHrs.HrsHrsHrsHrsQtvøl40404020IIIGost tomobilizefst$126s0$0$0$o$0$0LAYNE CHRISTENSEN COMPANYRegularDaytimeRate($/hour,$/day,$/Unit) (2)$1 37$65$65s65$65$65s65$ 17,700CostExtension$ 7,500$ 2.800$ 3.600s 1.800$ 560s 720$ 720UnitsHrsHrsHrs.Hrs,Hrs.Hrs.Hrs.otv(4)40404020IIICost tomobilizet5)$1.500$o$0$o$0$0s0GENERAL PUMP COMPANYRegularDaytimeRate($/hour,$/day,$/Unit) (2)$1 50$70s90$e0$70$90s90LaborTroubleshoot pump,provide test equipment,includes minor repairwork.Shoo Work fG)Shop helperMachine shop labormechanicMetal sprav workMachinistWelder/ FabricatorTotel CostNotes:15) lf cost to mobilize is included in the billinq rate state as $0)(1) if overhead and profict are included in the rates provided; state "lncluded." Othen¡¡ise state theDercentaqe added to the final bill.(2) Provide the rate for the labor rate for the listed work which your firm charges for performance of thedescribed work. or orovision of the class stated.(3) For anv classification not apolicable, please note w/ N/4.(4) Quantity is for general estimation purposes. The quantities listed are the approximate amount projectedfor purchase by the City in the course of one year. Where 1 or less may be purchased in the course of theÌear the ouantitv stated is 1.16) Shoo labor should not have mobilization cost.-IIE3of(tQualification Response Form - On Call Maintenance LaborBid Recap Sheets 8.23.18 \ Labor5of910t1t2019
Qualifications Response Form - On Call Well and Pump Maintenance - Tasks for WellsLEI¡¡EN|J WtrLL ó FUlUlFSERVICES,INCCost Efension$ 1 1,200$500$2,000$1,000$$9,740$51.520$7,440$7.440$5001.000$UnitsEAEAEAEAEAEAEAHoursHoursEAEACost$5,600$250$1,000$250$4,870$25,760$465$465$250$500LAYNE CHRISTENSEN COMPANìCost Extension$12.842$1,632$980s$7,942$5,226$ 68,014$9,776c7.200$324$1,594UnitsEAEAEAEAEAEAEAHoursHoursEAEACost$6,421$816$490$o$3,971$2,613$34,007$61 I$450$162$797GENERAL PUMP GOMPANYGost Extension$19.960$1.200$4,200$$8.000$6,800$28.000$7,200$6,400$1,000$1.000UnitsEAEAEAEAEAEAEAHoursHoursEAEAotvel222422216l622Cost$9,980$600$2,1 00$o$4,000$3,400$14,000$450$400$500$500Ex¡st¡nq Submersible Pumps & Motors, Work ltemsMobilize, Pull, and afterwork, reinstall: Motor, Discharge head, columnpipe, Pump assembly, and sounding tube. All wells have roof access viaskylight to pull pump & motor; see plans Exhibit "4". Size pump rigaccordinolv.Disconnect and reconnect electrical power supply, and SCADA controlswirinq from pump/ motor.Color Video Forward and 360-deg side scan of well conditions before orafter cleaning work; supply CD-ROM of video.video, and submit engineering report with recommendations forrehabilitation work.Brush well with a Nylon brush, swab, and bail until all sediment removedWell clean out using air blast and clean method using either Boreblast 2@iim#åït@ (BoltAir Gun) method, sonar-Jet@ method; or(oCherftally treat well using (Well Klean-Pipe Klean Preblend or equalprovfÈ by the City) 55 gal approx.; potable water, 800 gal approx.Provçþ suitable mixing tanks, pumps, and piping to inject chemicals.Plac#iemicals using a tremie with tight fitting swabs at each end over thebngf0f tne screened area. Add sufficient chemical to lower pH to 2.0.Mechanically surge as noted below (costs included separate - lineand I hour minimum and up to 20 hours soak - time, for the pH returnto 6.5 - 7, indicating full reaction of chemicals. Separate solids anddispose in properly per Local, State and Federal regulations and pump towaste. All chemicals to be NSF certified.Mechanical surge well with double disk surge block and simultaneousairlift pumpinq. Aqitate each 10 foot zone for a minimum of 20 min. (3)sediment is removed. Agitate each 10 foot zone for a minimum of 20min. (3)franfurt pump, motor, well column, and well, to Contractors shop;disa$Dmble as needed, inspect and provide information for report aboveon cfu¡tion.Ceatolumn pipe. lnspect and replace as needed CertaLok couplings.f(^)Bid Recap Sheets 8.23.18 \ Well_Work6of910t1t2019
Qualifications Response Form - On Call Well and Pump Maintenance - Tasks for Wells$ 35,150$127,490EA$17,575$8,598$124,12EEA$4,299$ 27,800tii 11,56UEA2$13,900Supply, use, and remove temporary storage tanks, (1) 20,000 gallon and(1)2,500 gallon tanks. Provide, labor, pumps, neutralizing chemicals, andlab tests for well treatment process or well pump water removal andneutralization, and sediment during chemical treatment. Discharge waterto sewer system. Pump out well treatment chemicals until clear andremoved; and dispose to sewer system at maximum rate of 50 gpm.Distance to sewer 100 feet. Remove and dispose of sediments extractedto approved disposal facility.PROJEGT TOTALBidders Notes:(1) if overhead and profit are included in the rates provided; state "lncluded." Otherwise state the percentage added to the final billamount projected for purchase by the City in the course of one year. Where 1 or less may bepurchased in the course of the year the quantity stated is 1.(3) Only one or the other would actually be done.-uo(ooo(oo)o)3ofG)Bid Recap Sheets 8.23.18 \WellWork7 of I10t1t2019
-flf¡)(oo@o(o=ooJ3of(¡)Qualifications Response Form - On Call Well and Pump Maintenance - Tasks for Pump Stationsfor general estimation purposes. The quantitiesareforurchasethein the course of oner. Where I or lessbeotes:485$CoslExtensions 1.000500$$ 10.800$ 1.500180$$ 2,626$ 2.710$ 5.620750$$850$$ 2.200300$970$$30,49UnitsEAEAEAEAEAEAEAEAEAEAEAEAEAEALE\'trNIJ YYELL C FU]ITSERV|CES, tNC.Cost$500$250$5.400$750$1 80$2,626$2,710$5,620$750$850$1 .'t00$300$4E5lr4ð5$20,689916$916$CostExtension$ 2,204$ 1,362$ 1,534464$$$ 1,284$ 1,757$ 2,838946s$ 2.894$ 1,193926$$ 1,455UnitsEAEAEAEAEAEAEAEAEAEAEAEAEAEA$1,45sLAINtr le]1ñlù I trNÐtrNCOMPANYCost$1,'t02$681$767$232$0$1,284$1,757$2,838$946$1,447$1 ,1 93$463$916ö45öGostExtension$ 1,200$ 1,200$ 7,000$ 1,000$$ 3,200$ 3,600$ 7,400740$$ 7,000900$300$$ 1,180200$600$$35,520UnitsEAEAEAEAEAEAEAEAEAEAEAEAEAEAotv(2122221111212112GENERAL PUMP COMPANYCost$600$600$3,500$500$0$3,200$3,600$7,400$740$3,500$900$1 50$1 ,1 80$200S3UUSandblast partsPumos & Motors. Work ltemsMobilize / Demobilize for qeneral pump and motor pulling and installationDisconnect and reconnect electrical power supply, and SCADA controlswirinq from pump/ motor.Pull Motor, Discharge head, Pump assembly. Pumps must be removedthrough pump station doors. Size pump rig accordingly. See typical pumpstation in Exhibit#5.Transport pump, & motor to Contractors shop; disassemble as needed,¡nspect and provide report on condition along with recommendations ofrepair with costs.Provide Engineering inspection of the pump, and motor. SubmitEnqineerinq report with recommendations.Refurbish motor 75 Hp: Clean, dip, bake, rewind, balance, voltage testing,bearinq reolacement.Refurbish motor 100 Hp: Clean, dip, bake, rewind, balance, voltagetestinq. bearinq replacement.Refurbish motor 250 Hp: Clean, dip, bake, rewind, balance, voltage testing,bearinq reolacement.Refurbish mechanical sealRe-install refurbished or replacement pump and motor, check rotation,couple Dump to motor and mechanical seal, adiust, align, seal, and start up.Line and coat discharge head with Skotchkote 134 fusion bonded epoxylcorrosion protection)Oil change on turbine (Horz or Vert), grease bearings on split case motorand oumo. qrease motor and pumD. lncluded all materials and labor.Replace mechanical sealPressure steam clean s¡te and equ¡pmentPROJEGI IO IAL1 ) if overhead and prof¡t are included in the rates provided; state "lncluded." Otherwise stateadded to the final billBid Recap Sheets 8.23.18 \ Pump_Work8of910t1t2019
Qualifications Response Form - On Call Well and Pump Maintenance - Tasks for Control Valve Maintence$ 800$-Ext.$8.448$9.248hoursUnitsEAotvt2l4480Cost$200$1 76END PUMP & WELL SERVICE,Orderor¡rork12$-Ext.$ 1.812$ 12,048$ 13,860UnitsEAhours0otvel448Cost$453$251LAYNE CHRISTENSEN COMPANIOrderorwork12$-Er.$ 1,600$7.440$ 9,040UnitsEAhoursotvt2l4480Cost$400$1 55GENERAL PUMP COMPANYOrderorwork12Pumos & Motors. Work ltemsMobilize / Demobilize for Control Valve maintenceDisassemble Cla-Valve and Cla-Valve p¡lotry controls, clean,reolace needed parts, re-assemble. (3)PROJECT TOTAT(1) if overhead and profict are included in the rates provided; state "lncluded."added to the final bill.Othen¡rise state thecostPartspurposes.areapproximate amount projected for purchase by the City in the course of one year'l or lessbein the course of thethestated is 1o(oo(oooJ3of(¡)Bid Recap Sheets 8.23.18 \ Control-Valve9of910t1t2019