07-0206_GENERAL PUMP COMPANY_Personal Services Agreement PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this !y day of
12007, by and between the City of San Juan Capistrano (hereinafter referrew
as the "City") and General Pump Company, (hereinafter referred to as "Contractor").
RECITALS:
WHEREAS, City desires to retain the services of Contractor regarding the City's
proposal to Rehabilitate Hollywood Well 2A; and
WHEREAS, Contractor is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW, THEREFORE, City and Contractor mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Contractor shall consist of those tasks as
set forth in Exhibit 'A" attached and incorporated herein by reference.
Contractor warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall be completed by no later than (30) thirty days.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
sixty nine thousand eight hundred ninety dollars ( iWO.eo), as set forth in Exhibit "B,"
attached and incorporated herein by reference.
3.2 Rate Schedule.
The services shall be billed to the City at the hourly rate set forth in Exhibit "A,"
attached and incorporated herein by reference. Included within the compensation are
all the Contractor's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City representatives and incidental costs to
perform the stipulated services. Submittals shall be in accordance with Contractor's
proposal.
3.3 Method of Payment.
Contractor shall submit monthly invoices based on total services, which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the City. The City will pay monthly progress payments based on approved
invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Contractor undertaking any extra work.
3.4 Records of Expenses.
Contractor shall keep complete and accurate records of all costs and expenses
incidental to services covered by this Agreement. These records will be made available
at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Contractor shall act and be an independent contractor and not
an agent or employee of City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section S. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Contractor shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Contractor is
permitted to subcontract any part of this Agreement by City, Contractor shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Contractor. City will deal directly with and will make all
payments to Contractor.
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to
this Agreement setting forth with particularity all terms of the new agreement, including
but not limited to any additional Contractor's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Contractor warrants that: (1) it has investigated
the work to be performed; (2) it has investigated the proposed construction site,
including the location of all utilities, and is aware of all conditions there; and (3) it
understands the facilities, difficulties and restrictions of the work under this Agreement.
Should Contractor discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, it shall immediately inform City of
this and shall not proceed with further work under this Agreement until written
instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Contractor shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
Section 10. Conflicts of Interest.
Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Contractor.
Section 11. Copies of Work Product.
At the completion of the contract period, Contractor shall have delivered to City at
least one (1) copy of any final reports and architectural drawings containing Contractor's
findings, conclusions, and recommendations with any support documentation. All
reports submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and
approval of the City.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Contractor
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Contractor agrees that they shall not be
made available to any individual or organization without prior written consent of the City.
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Contractor's
professional services.
Section 13. Indemnity.
Contractor agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or
damages of any nature, including attorneys' fees, for injury or death of any person or
damage to property or interference with use of property and for errors and omissions
committed by Contractor arising out of or in connection with the work, operation or
activities of Contractor, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A-
Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force and
effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force and
effect Comprehensive Automobile Liability coverage, including owned, hired and non-
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
If Contractor intends to employ employees to perform services under this
Agreement, Contractor shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor the
coverage's reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.5 Errors and Omissions Coverage - NOT APPLICABLE
14.6 Terms of Compensation.
Contractor shall not receive any compensation until all insurance provisions have
been satisfied.
14.7 Notice to Proceed.
Contractor shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Contractor has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Contractor shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10)
days' notice to the other party of a material breach of contract. If the other party does
not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Public Works Director
To Contractor: General Pump Company
Mr. Mike Bodart
159 N. Acacia St.
San Dimas, CA 91773
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Aureement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By: lagv=
am Allevato, Mayor
GENERAL PUMP COMPANY
II-f�c�ae,! a,r
alirEr.�or o Enyir�n�
ATTEST: j^
M r ret R. Monahan, City Clerk
APPROVED AS TO FORM:
John R. SVaff City Attorney
SPECIFICATIONS
MOBILIZATION/DEMOBILIZATION
This shall include all rental equipment,set up,tear down of Contractor's equipment,bonds,and job site
clean-up. Pull the 8"x 105' (10' and 5'column, bowls, and suction pump assembly from the well.
DISASSEMBLY AND INSPECTION
The bowl assembly, head assembly, and shaft assembly shall be torn down and cleaned for inspection
by the City.
BOWL ASSEMBLY
Supply one (1) complete Byron Jackson (Flowserve)vertical turbine pump bowl assembly Model 10
MQL 9-stage.
No other bowl will be considered unless all bidders are notified by an addendum 48 hours prior to
bid date.The bowl bushings shall be combination bronze/rubber. Pump bowls, suction and discharge
equivalentto ASTM A48,class 30,without imperfections. For pump sizes 8"through 19"the bowl water
passages shall be porcelain enamel coated to provide optimum performanceand consistency of output.
The suction case bearing shall be grease packed with provision for grease circulation from a reservoir in
the suction case hub. The discharge case shall have vanes to deliver the flow of water with minimum
turbulence.
Drain ports are to be provided with sufficient area and shape to permit the escape of water and passes
through the pump bowl bearings. The intermediate stages shall be selected to provide the maximum
efficiency with least number of stages. Impeller shall be of the enclosed type,cast of bronze ASTM B584
alloy 836, accurately cast, machined, balanced, and filed for optimum performance and minimum
vibration. The design shall be non-overloading for the capacity of the motor selected. The impellershall
be securely fastened to the bowl shaft with stainless steel taper collets. Bowl bolting shall be stainless
steel.
ACID TREATMENT OF WELL
A. The Contractor shall furnish all labor, equipment, materials, and services to acid treat the well.
Materials Safety Data Sheets(MSDS)for all additives must be submitted to the Engineer for approval
prior to the use of such additives. Care shall be taken to follow all of the Federal, State, and local
requirements pertaining to the handling and disposal of the acid. The Contractor shall acid treat the
well utilizing the method outlined below.
1. The composition of the treatment solution shall be as follows:
18 gallons of"Deep well 310 (D310) or Well Klean II, or QC21
52 Gallons Phosphoric
100 gallons of water
170 gallons per each 5—foot perforated interval (perforations from 64'- 126')
12.4 injections.
Total chemicals to be supplied includes 223.2 gallons of DW 310 and 644.8 gallons of
phosphoric acid.
EXHIBIT "A"
2
2. The mix solution shall be injected through a snug fitting 5' double surgeblock. Injection shall
begin at the top of the upper most screened interval.
3. Immediately following the injection of the acid, the Contractor shall briefly swab all screened
intervals with a 5-foot long, snug fitting double block. Swabbing shall begin at the base of the
lower screened interval and work continuously upwards to the top of the upper-screened interval.
4. The well shall then be allowed to stand for 12 hours.
The contractor, by means of airlifting, shall remove the acid in the well.
5. All of the acid treated water shall be disposed of by the Contractor at a facility designated by the
Contractor and approved by the Engineer. The Contractor shall use necessary tanks for
temporary storage of effluent prior to discharge. The Contractor shall provide the discharge
piping required to convey well developmentwater and neutralized to a pH greater than 6.5 and
less than 8.5 before the disposal in conformance with all applicable,Local, State, and Federal
regulations. The Contractor shall be responsible for monitoring the pH level,treating testing,and
disposing of the water.
DUAL AIR SWAB
The Contractor shall commence water well developmentwith air-lift swab. The Contractor shall provide
all labor,tools,equipment,and materials to complete the entire swab procedure. The swabbing shall be
continued until all sand, silt and mud have been removed. Material drawn into well shall be frequently
removed. Upon completion of swabbing the well shall be cleaned of all mud, sand, and sediments.
The quality of material removed shall be recorded. The disposal of pumped material is the responsibility
of the Contractor, and shall be done in accordance with all applicable laws and regulations. The
Contractor shall utilize a compressor with a minimum 450 cfm to perform this task. Sand measurement
must be recorded at 30-minute intervals by an Imhoff Cone.
TEST PUMPING
Contractor is to supply and install an 850 gpm pump capable of pumping against a total head of 110'.The
pump setting shall be 110' plus 100' of suction pipe. The test pump fluids shall be piped to Baker
Tank(s)to settle out all fines or approved treatment.A flow meter,rossum sand tester and sampling port
shall be supplied and installed between the pump and tanks. An electric sounder and airline shall be used
for measuring the water levels during the pump testing.
VIDEO TAPING OF WELL
The Contractor shall provide two(2)DVDs, following the video logging.The Contractor shall provide
equipmentthat is capable of producing a clear video image of the well casing both in water and out of the
water. The Engineer shall be present during the video scan. The Contractor shall provide a written field
log of the observations. A DVD of each inspection scan shall be provided to the Engineer upon
completion of videotaping. The Contractor shall schedule the videotaping with the Engineer at least two
(2) working days in advance.
INSTALL COLUMN, PUMP, AND MOTOR
3
The Contractor shall reinstall the existing pump,motor and all related equipment after the rehabilitation.
The motor is to be wired to the existing electrical connections. A 1 hour pump test shall be conducted to
test for flow, total head, load on a motor, and vibration.
PUMP DISINFECTION
Permanent equipment shall be chlorinated during installation in accordance with A W WA Standard A100-
84 "Methods Df Disinfection" or an Engineer approved equivalent. The well shall be chlorinated by
swabbing a 1000 ppm chlorine solution throughout the length of the screened casing. An isolation zone
sampling tool shall be used to pull a water sample from a depth of 100' to test the water for a chlorine
residual.
SITE OPERATION AND CLEAN-UP
A. The Contractor shall, at all times, keep the sites free from waste material or rubbish, and at the
completion of the work shall remove all rubbish,tools,scaffolding,and surplus materials from the
project and shall restore the site to their original condition and leave the sites acceptable to the
Engineer, Activities at the well sites may be suspended if waste problems are not rectified in a
timely manner.
COMPLETION TIME
All work must be completed with 60 calendar days after the start date specified in the notice to proceed.
GUARANTEE
The Contractor shall guarantee the materials furnished hereunder and the workmanship used in the
construction of all work called for under these Specifications to be as herein specified or agreed upon,
free from defects,and in all respects satisfactoryfor the required service,for a period of one(1)year from
the date of acceptance of the work by the Engineer.
L
PUMP
159 N. ACACIA ST. • SAN DIMAS, CA 91773
PHONE: (909) 599-9606 FAX: (909) 599-6238
WAT£RWELL& PUMP SERVICE SINCE 1952 LIC.#496765
1
DEC 2 8 2006
December 21, 2006 ___. ______� Via Fed Ea
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Aqn: Eric Joseph
§poject: Request for Quotation for the Rehabilitation of the City's
Hollywood Well 2A
T4,pk you for the opportunity to submit a proposal on the above referenced project. In
# tion,we are submitting our Statement of Qualifications for your review. We hope
our proposal meets with your approval.
However, in the meantime, should you have any questions, please feel free to contact us.
Sincerely,
GENERAL PUMP COMPANY,INC.
Michael Bodart
Director of Engineering
EXHIBIT "B"
City of San Juan Capistrano
Hollywood Well 2A
Bid Spec
Descriution uanti Unit
Item �--y Cost Extension
1 Mobilization/Demobilization LS LS �o
2 Pull Pump LS LS 00
3 Disassembly Steam Clean Parts for Inspection LS LS u o
4 Video Log Well LS LS
5 1 Wirebrush and Bail Well to 125' On-site Time 16 Hrs. Zoe o0
6 Replace Column Pipe(8"x 10')Epoxy Coated & Lined 2 O i 80
7 Replace 316SS 8" Cone Strainer LS LS 250
8 Replace Bowl Assembly LS LS DOO
9 Replace 416SS Head Shaft LS LS
10 Replace 1.25" 416 Stainless Steel Line Shafts 2 100 t
11 Replace Threaded 8" Retainers 2 1 fiop
12 1 Acid Treat LS LS
13 Mobilization/Demobilization Dual Air Swab LS LS ofjQ
14 Dual Air Swab 40 Hrs. too p
15 Treatment of Discharge for NPDES LS LS 3 000
16 Revideo LS LS 11pop
17 Well Chlorination (1000 m) LS LS 1. 000
18 Mobilization/Demobiliation—Test Pum LS LS -i"50,n
19 Developand Test with Test Pum 50 Hrs. too 000
20 Installation of Pum and Test LS LS CA:)C)
Total of Items 1-20 q g 01Ct
Total in Words S: x Ty n�� Ilo �„ -. J t�g h i h�+ndre�l
G-,$d n Ar-,T3 Ar-,T3 60110-vs
* Note: "LS" is the abbreviation for Lump Sum. "LS" items to include tax and freight
Company Name &,OAe—ry 1 F',
Bidder's Name
Authorized Signature
Date Q/ /V(0-
Phone
V(0-
Phone 9 ty9-S9R 96 4 Fax �io9 5 9 9 L Z 3
Location Map
N
W+E
S
Project Location
City Boundary
Streets
Creeks
0 3000 6000 Feet