07-0320_GENERAL PUMP COMPANY_Personal Services Agreement0 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this �M day of W M-4-
2007, by and between the City of San Juan Capistrano (hereinafter referred to
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 Repair Pump and Rehabilitate as needed Rosenbaum Well No. 1; 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 three thousand dollars ($63,000), as set forth in Exhibit "B," attached and
incorporated herein by reference.
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3.2 Rate Schedule.
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The services shall be billed to the City at the 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 5. 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.
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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.
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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.
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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
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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 Agreement.
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:"'�T
David F. Adams, City Manager
GENERAL PUMP COMPANY
ATTEST:
Q�5(�
John R. Shaw, City Attorney
By:
ATTEST:
Q�5(�
John R. Shaw, City Attorney
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159 N. ACACIA STREET • SAN DAMS, CA 91773
PHONE: (909) 599-9606 • FAx (909) 599-6238
WELL & PUMP SERVICE SINCE 1952 Uc. #496765
February 20, 2007 Via E-mail
City of San Juan Capistrano
32450 Paseo Adelanto
San Juan Capistrano, California 92675
Attn: Eric Joseph
Subject: Rosenbaum 1 Well
Geral Pump Company is pleased to submit the following proposal to redevelop the above
referenced well and repair the pump.
• Mobilization / Demobilization
$ 1,500.00
• Pull Pump
1,974.00
• Wire brush well with sulfamic acid and Well Klean 11
9,970.00
• Video logs — 2 @ $1,000/Ea.
2,000.00
• Disassemble and inspect
828.00
• Replace column pipe.
2,660.00
• Repair motor — 4 -pole
19,323.00
• Replace submersible cable
1,185.00
• Replace bowl assembly—12RALC w/SS trim
8,690.00
• Splice cable, load, unload, and assemble.
1,104.00
• Bail well to bottom
2,600.00
• Replace airline with Dekron, including gauge and Sttings
978.00
• Chlorinate well with aft shaker
940.00
• Miscellaneous repair parts not listed above, and electrical
connection kit
425.00
• Install pump with new binding and buckles
3.600.00
Total
557,777.00
Should you have any questions or need additional information, please do not hesitate to give us a
call.
Sincerely,
GENERAL PUw COMPANY, INC.
Mclrae(Bodart
Michael Bodart
Director ofEngincering
ocation Map
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Project Location W+E
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City Boundary
Streets
Creeks
0 3000 6000 Feet
C]
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493, 1171
(949) 493.1053 FAX
www. sanj uancapistrano. org
,TRANSMITTAL
TO:
Mike Bodart
General Pump Company
159 N. Acacia St.
San Dlmas, CA 91773
DATE: March 21, 2007
� FS1AilIf tlFB '' 1961
1776
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
MEMBERS OF THE CITY COUNCIL
SAMALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
RE: Personal Services Agreement — Repair Pump and Rehabilitate fro Rosenbaum Well No. 1
Thank you for maintaining documentation confirming compliance with the terms of the,
agreement related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949)443-6309.
If you have questions concerning the agreement, please contact John W. Elwell, Interim Public
Works Director (949) 443-6361.
An original, executed agreement is enclosed for your records.
Cc: John W. Elwell, interim Public Works Director
San Juan Capistrano: Preserving the Past to Enhance the Future
• • 3120/2007
AGENDA REPORT D7
TO: Dave Adams, City Manager �9w
FROM: John W. Elwell, Interim Public Works Director
SUBJECT: Consideration of Waiving Formal Bid Requirements for Expenditures
Related to the Repair of Rosenbaum Well No. 1
RECOMMENDATION
By motion, adopt a Resolution declaring the repair of Rosenbaum Well No. 1 an
emergency, and authorizing the City Manager to approve the immediate expenditure of
public money to safeguard life, health and property.
SITUATION:
Summary and Recommendation:
Rosenbaum Well No. 1 is one of two potable water wells operated by the City and
produces 500 gallons of water per minute. On February 8, 2007, the pump experienced
a severe mechanical vibration that required it to be taken out of service. Due to the
upcoming Metropolitan Water District shutdown of the Deimer Filtration plant scheduled
for the week of March 25, 2007, staff recommends approval of the emergency repair of
the pump as well as performing rehabilitation of the well while the pump is out.
On February 6, 2007, the City Council approved an agreement with General Pump
Company in the amount of $69,690 to perform similar repair work on Hollywood Well.
Due to the emergency nature of the repair to Rosenbaum Well No. 1, General Pump
Company is currently engaged in this work.
Background:
The rehabilitation of wells is normally required on a three to four year cycle in water.
The last rehabilitation of this well was in 2003. The unexpected failure of this supply
source will impact the overall supply projections for the seven day shutdown of our
purchased supplies in March. Additionally, the cost of water from City -owned wells is
approximately $150 per Acre -Foot (AF) when compared to purchased water costing
$481 per AF, thus a substantial savings can be realized by restoring this well to service.
Agenda Report • March 20, 2007
Page 2
COMMISSIONIBOARD REVIEW AND RECOMMENDATIONS:
The Water Advisory Commission was briefed on this item at their February 27, 2007,
meeting.
FINANCIAL CONSIDERATIONS:
Costs to repair the Rosenbaum Well No. 1 are estimated to be approximately $63,000.
In order to accommodate this amount, budget transfers from the Valves and Hydrants
account number 50-622634461, as well as from Repair and Maintenance Reservoirs
account number 50-62432-4461 will be necessary. This will require deferring work from
these areas until the 07/08 budget period.
NOTIFICATION:
General Pump Company
RECOMMENDATION:
By motion, adopt a Resolution declaring the repair of Rosenbaum Well No. 1 an
emergency, and authorizing the City Manager to approve the immediate expenditure of
public money to safeguard life, health and property.
Respectfully
'. Elwell
Public Works Director
Attachment:
1. Location Map
2. Resolution
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Location Map
Project Location
0 3000 6000 Feet
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Streets
Creeks
Attachment 1
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RESOLUTION NO. 07-03-20-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DETERMININING DETERMINING TO
WAIVE FORMAL COMPETITIVE BID REQUIREMENTS FOR THE
REPAIR OF ROSENBAUM WELL NO. 1
WHEREAS, the City Council of the City of San Juan Capistrano, declares the
repair of Rosenbaum Well No. 1 an emergency; and
WHEREAS, the City Council of the City of San Juan Capistrano, considers the
inoperability of Rosenbaum Well No. 1 to be a threat to public and private property, and
declares that the public interest and necessity demand the immediate expenditure of
public money to safeguard life, health, and property; and,
WHEREAS, the City Council of the City of San Juan Capistrano, authorizes the
City Manager to expend any sum required in the emergency without complying with
formal competitive bid requirements, pursuant to Public Contract Code, Sections 20168
and 22050.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby resolve, determine and order as follows:
SECTION 1.
Formal competitive bid requirements will be waived for all public works contracts
necessary for the repair of Rosenbaum Well No. 1.
SECITON 2.
City Manager is authorized to expend any sum required in the emergency without
complying with formal competitive bid requirements, pursuant to Public Contract
Code, Sections 20168 and 22050.
PASSED,
ATTEST:
APPROVED, AND ADOPTED this
2007.
SAM ALLEVATO. MAYOR
MARGARET R. MONAHAN. CITY CLERK
day of
ATTACHMENT
n
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32400 PASEO AOELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) A93-1171
(949) A93-1053 FAx
it w4v. S011111ancatllstrono. org
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1776
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
The City Council of San Juan Capistrano will meet at 7:00 p.m. on March 20, 2007, in
the City Council Chamber in City Hall, to consider: "Consideration of Waiving Formal
Bid Requirements for Expenditures Related to the Repair of Rosenbaum Well No.
1" — Item No. 137.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Board and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at City Hall by 5:00 p.m. on
Monday, March 19, 2007 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member John W. Elwell,
Interim Public Works Director. You may contact that staff member at (949) 949-443-
6361 with any questions.
The Agenda, including agenda reports, is available to you on our web site:
www.sanivancaaistrano.oro. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
n, CMC
Le
cc: 1- Gefieral Pump Company; John W. Elwell, Interim Public Works Director
* Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed 00 recycled paper
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www. san/tiancaptstrano. org
March 21, 2007
0
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in ADID H CEO
EBIISHED 1961
1776
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
On March 20, 2007, the City Council of San Juan Capistrano met regarding:
"Consideration of Waiving Formal Bid Requirements for Expenditures Related to
the Repair of Rosenbaum Well No. 1" Item No. D7.
The following action was taken at the meeting: Resolution NO. 07-03-20-02 adopted
declaring the repair of Rosenbaum Well No. 1 an emergency; and authorizing the
City Manager to approve the immediate expenditure of public money to safeguard
life, health and property.
If you have any questions regarding this action, please contact John W. Elwell, Interim
Public Works Director at 949-443-6361 for more detailed information.
Thank you,
Meg Monahan, MMC
City Clerk
Cc: General Pump Company; John W. Elwell, Interim Public Works Director
San Juan Capistrano: Preserving the Past to Enhance the Future
03, Punted on 100% recycled paper