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11-0106_LEGEND PUMP AND WELL SERVICE_ContractCONSTRUCTION Oh CAPIS'FfRANO VALLEY WATER DISTRICT (CVWD) WELL NO, I PUMP REPLACEMENT CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and LEGEND PUMP AND WELL SERVICE hereinafter referred to as "CONTRACTOR." H" IS HEREBY AGREED BETWEEN TIII? PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Bid (Proposal), Worker's Compensation Certificate, Performance Bond, Payment Bond, Certificates of Insurance, and the Contract which is prepared for execution by the CITY and the CONE R C 0R. The Standard Specifications for Public Works Construction, 2006 Edition, including; all Supplements, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of a Pump Replacement for CVWD Well No. 1, in strict conformity with the proposal and other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San ,Tuan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, total compensation for the services hereunder not to exceed $54,258.00 as set forth in Exhibit "A," attached. FOURTI-I. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within 90 days from Notice to Proceed. It is agreed that it would be impractical and extremely difficult to fix the actual amount of damages, and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, live Hundred Dollars ($500) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. IFIFTLI. PERFORMANCE BOND AND LABOR AND MATERIAIs BOND. 1 73094G.1 "@ CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year atter completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100'/0) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sura as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATA; OF PER DIEM WAGES. Pursuant to the Labor Code of' the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than Two Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non -owned vehicles in the following minimum amounts: $1,000,000 property damage,. $1,000,000 injury to one personlany one occurrence/ not limited to contractual period; 2 J3094€ , 1. $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied_ CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of', or arising out of, or in any manner connected with the performance of the obligations under this contract. F_,IGI-l'IH. COMPLIANCI� WITH OTHER PROVISIONS OF LAW RELATIVE TO 1'UF3L1C CON`'RACT;S. CI'T`Y is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be cornplied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTItA.CTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUFI -CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article "Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. If contractor is not already enrolled in the 1i,S. Department of Homeland Security's F - Verif y program, Consultant shall enroll in the F -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E - Verify program can be found at httJlwww.tiscis,.g«v, or access the registration page at 3 '):10946.7. haps_/,1« �A,-°_visdhs colli/ernr)lovei-reL)i.stration. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. I SIGNATUREPAGI TO FOLLOW] IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. �9'0-v-v— n'f"I ES _= E 0 Vlari`4 M ,-'s. City Cle Ic 'PR0VI?D AS TO 1`0RA O�iiar SIorra�, C y Attorney _ B C, �--'FRA-R, I_.ICINSE NO. AND CI�ASSIFICATION American Safety Casualty Insurance Company 444 Ocean Blvd., Lore Beach, CA, 90302 PREMIUM IS FOR THE CONTRACT TERIM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRiC1;? Bond tJo. 10-��QR-Z09Z Prcm mum: 51.62 8.00 The iangui,s e In 11115 noC4 went cnn[nrma to Me tringoage used in American Inzhlute of A£chilects (AIA) Document A312, DeGe111ber, '1934 edition. Thud Pdr-ilrnd, Wich, 1987_ Arty to %iiMmalar, Surety. •';Der 'Dr alh&r f3 Tly shall he t-nnsideFed pluTaf whe?'e apptir:atlle. CONTRACTOR (Name and Address): SURETY (Nalne and Principal Mace of Businers): Legend Pump & Well Service American Safety Casualty Insurance Company 5901 Main Street, Unit A 444 Ocean Blvd. Riverside, CA, 92501 Longi Beach, CA, 90807 OWNER (Naive and Address): City of San Juan Capistrano 34250 Pasco Adelanto San .Tuan Capistrano, CA., 92675 CONSTPUCTIrah3 CONTRACT Date: December 10, 2010 Amoultt; Fifty Four Thousand Two Hundred Fifty Eight Dollars i ` 54,258.00 i Description (Nance and Location): Construction of Capistrano Valley Water District (CVWD) Well No. 1 Pump Replacement BOND pate (r4QI ea€Iier that; Construction Convaci E -ate): 12/10/2010 Alttcru111: Fifty Four Thousand Two Hundred Fifty Eight Dollars ( s 54,258.00 '1 Modi5caiions to this 0ond; Mone Se" Page 3 CONTRACTOR AS FRINCIPAL Centpany: 1Cnrporafe Meat) Legend Pump4, Well SWice Signawre r= Nance pc Tilte'. Keith Co Mer, SUI'tl_7Y Crarnpany (Coq)omfF• Seal) America y ua t In urance Company Signaturr;: Stephanie m, lorney-in-Fact I The CCarittad:tar and the and seven y, hind theiraseiveB, ttie i Yle 4lr iar mini'tIralw,% ssrocessofs AN migns 4o: he riw€ee r for the stf'iiormanc-t' of the Ctinsir€actioh GOntfact, which is ji-W .010 herein ty ref�rellce- 2 if %tip c3 ,ntr� trsr .{� #rsrrrr firs COWruiotion onv aO the scrrety itnd'tl'r6 Ctrt;ffuloi' Sirmit have no 04gatii)n 4-t3&`ef this:t3md, except to til i.p 4 in as Provided in Soblazragtaph 5,t,; ;l if'there It no,, CvNmr Default, the Sufeiy's obligation Ilrider thrie, Sond shallarise. after 2:t ft* Owner hail raotified ihe Cmtradoi and the Suroty M ilk address shown. on. the nover pagan teat the Orer is considering declaring a Con'traotor Default tiara has requested and attemptea ,b arrange a mniteren wi:h the C`F at.r.a to and the alltety to be- hold dhold not later Ifilii fi:iretif clays at er re(*i of slur) hOU'ie to d=.souss inett odd' of parforolipg thin 1;Onstr€acl,on Cors#Yaut. If tura ovwlef_ 010 Ccartita;30r lid the .Surety' Ptgree. lite Contr ractof shall be aflowed a ronoriDble Vhla to porfoefri =arcs ofistt:art n Comract, but ucfr an agreement shalt not wpive the wnef's right, if any, ,�ubeecfuenli.y 10 dectare a C;onv,:,ctor t�wr.er has deplared a Conlwtor Default and formally. ierminated 'tris: Comractor s fight i£t 'On ipleic the ooMmPt. �cit Contractor )ria fit Sh.P..it IaOT #;:a daclWedl aali�r than, twerity-days alit r tiro Coni faclor artrf the orely [lave receiveo nolim ws p MvidW 41 Subparagraph 11 grid 3,3 The, Owner host afire:] to pay. the 1383anc of the donfrac,l Mce, tri :he Surety in a areferim vAfft the tayms of the ca.nstruction Cor:tracf of to a rentraotor solefted to perfo'm The Con�Itnaclion Cont art. in a ortianoc, With #tie -terms of #-R, contract with ttfe Owner, 4 It the mer tial satisfied the. conditions of P,araedralati, Vie r>arety strap prprrtptiy acid at the Surety's expense lake Qne.nflhe frailowi g actin s: 4,1 Ai -Mi e flitthe rrrxaditi :ar, %Vith MMMrt of lire ovffier. to pert or l and dCtrtwoe% the Consirtamon Cat iraot; or 4 � iJNertrake it perform and Complete, tare Crartstitrt4 at Cataract itselt, through its agents tar through 411 pend€ nt. oofilrar;mm, far 4.3 f313ta(n 'fids or fleq.nats"ate psi ap-ps.cis frcarn tttialifid(i conisactors:aCMeptable to the C iAmdr for a contract for pf~rfisrcrtance and completion of the, Construction Cantrzid, arrange for ;a roniract to be prepared F:<ar executiorf by the Owner and the r:antiactar n&elecled with the Cx r's coneum3nrA, to be secured -with }ierfoirilance -Mild ay(rt&bt bonds executM by a qualified aumt° egifival& it to the bowls is;,crod oil the Constnxd ion C ontrav% and pay i�ta -tPo Owner trio arnaunk of darltinges as desCfibod R) Paragraph S in elx stat @i`, Balah. of the Contrast Price inPurred by the ji)erresrsitir'rg f' orn the C oritract€ T's detau t; or 4A Vi31ye its fight to perform and Winptete, arrange for tampletion, ran- oblai:n a newr~rntractor and with reasonable prortrpfr ess under the carcurnstarices: 4 A After 0&a4.alaga.fro?1. {. ele"iSning tie 'r.?6Ttounit: fff. whiurl it may be flab e tai the Ownor aprt, as soon as pafattioaNe Itte, the arnnunt is tettrYr ned. heti f gray€mNA Thefef&-e to the C carer, of 4:x,2 Dey liability in wfidp oe sir Bart and notfy the Ownv 6ting r .)-"o is therefor: 5 ;f The Surety cities not, proGeert as pmvide,0 in p;�raz�a�para 4 attr reascsrtiabi� tarcan`if�€n�ss,.lt9e tltr�ty.s�l�i? be dee d to be to defass=t on thm stand fi nen ti.aya atter receipt of an additional written frond from The Owner to the Surety demanding that the Swety perform its obligations ur,4cr tills Bond, and the Crwner snalrbe entitled toenfdr arty remedy avat€able'to the ()caner; If the Surety prWeeds as provided it) Su pat.6graph 4;4, aril the Owner refuses ,4t- payinersl tendt red of tYe:Suf.ety has denied ltabiPtyl in whole or ifs fiafL wilhoW `urther ;entice 01o'C'wrier snail :ire erbll6d to eiafo'op any rmledy'la6ilr Meld the ovmer. g if titin Ctwflor has teraiiiieted tis'q to ri m,mete inti Conszrueticii Contract and if iter? Surety dle cis to rapt undo pr Subp.amgr�aph 4.1,: 4,� W4,3 afinv :lifer) the respor'sibiNit's of the `s,fety to the Owner tj'aQ rsvf ire greater than those of the �<. ¢rtactar �f r the �`t3TastrL G#Isiri Conlrar-r and .the r Spons€hilitres of lien Owner to tf tar ty stunl hot be greatier than those of the t vnt�r Zjnt er the Corstatctihn Contraft To the 4t the aniaort of this Bond, brit ?ti truii7rft4.1711ent by. .:the Owner .ef- the Balaoce of the C orfirart Clric.e to r ittgation of costs Arid dfvllages 'in 1ho t?Y4sttlr tiff t C arbtr ct, fpr a r ty is of?iitiaf�:i u�tfStlift ers�plt�ticirr fit�r_ ,3,1 Trie respo sibititles of the Corit,avnrr for ccarr°e�tlan. of defoc tine vrork end complefloP of the onstr tlbri taratr�acl; 62 Additional legal, d tcjr. pfcifes5iopat end dal y c.rtsts r swtii g. from tate Contractor's Default,, and resulting troir: the ;f hails Or failureto fact of.tbe. &Urely under Parbgrspfr.4,`and 5.3 Liquidated sated dar€iage s, or if no rigiaidWI�d darnages are sllicdfleol in the G onilitruction: Cahlraci, dalu al. darnargt:s oausrd by delayed p rfrscrrt$anCe or tc npeafui rraiarir r of RM >✓Antfaclon 7 ` he 'S'Wety shall not be. i lie to this Owwrter of. tatfrers foo' gW:jatipns of ti* Ctari$racw thW ace tjnireiated to ti n Cc asEra€cit'ican conprac:'. fit?d lhe.S�Wce pi the C-ontracf k'nC shall not be reduced or set €;ft 0€1 a traurat of any soch jrsr atad a bligzi ions, No rig'it-of achan shall ata ,3q On 1:h!$ Bond to any parson r3r e"itly tauter than the rser or its heirs. £?xa~^ci4.4Ws, Or sLrt,'_cessof`s_ 8 Tfie Surety hereby veaiivr; r;<gti.m of a ny chane, if€0(iding Chang" of 4fhte, to tt? the trtictgrr=,um WO of fimitabon avaiWAe W "relies as a diafanse i njheJuq0i.cU6f3 M the suitsl%a 1 t)e appllObte. t� Ivtaii�� o �d?t: ra`ur�zfy, ttte �?�s'=�` ird" itis �41ti�tiltaP ;�1��3) 'as" r�razi�d: os C&�Idv�ii tit iia ��trt�s� vi'sfiYar= C34i kPir$ t;ctv�r PV 14 i3l-,en this Bunt', has beezz furn.ishLd to com,,)ty aunts as Statutory aft other le, al requirement in tori. lrrcwiian vatiere the rrn trtt bran war to b4� perforrMsf„. any prWiMon 41 lhis 63ond nfiicti vAft 46td 46tstalatofy ci lega: reqisirrawen strap be deeftd deleted hers ffisrta anti PfOvi;t WV t(mifortrring to su,tj si ttttofy or otjje,t leggy r tts rer r t s,hNl be, deemed inf.pordtetl h.orp rt. Thu i)t�,-nt iS that this t3ond strati b, ,xc%rued as a sfattatwy bond and not ai a cotriMWa: IaW lst2 nd. 2 DEFJ f? iON 1�'I ftkmoi p of�he Comrarl !mice.: Ttae.inWl emotcrit PAY'Wo ii fhe t?wn6r tta ;ire ontra(tor° €wader Vi canttructta4 con..E 80. age fill pis per ad r;stdaterrts have Any cha6giD which materiaOy -,atter, the contr ct of the contract. i .rioe by mom Man I0% wilt requi cr no ice to the Bonding (,oMporty No Wprt made incEu0N alPowanw to ttre OwIraotor of my. rnotos received or to 06 rec6vcM by th vtrr"r 3n setWen-*nl tit IrMlranto, or attwf iQi 1S for d'am.905 0 vvhkh the Crsritrarfor as on.144a(t reef#i Od ly ag varrd a Tid pg 1p�r payrnertts 4nath,, to, of On beh2llf of tine Cor trac f[sr urldor the ConstIL.UCII'an corwava !, 12.2 Comtt€lj�iiqra (e ntraa Tt)tr ag.-.ClomeM between tato Ninor and the.Coutr dor 'id., rnfi od cn tze Sauer page, trtr;ttrdjng. all Conti ct- oru4 z nt at=F3 ctta e 12.13 CMt73MOr Default Failure of ft. Controrabiz wNch has neither, bpei rnrnedii�d tzar waaTved to perform or oifit nM$e to cbmply with the titin; d'tnp Conatmtion cbnfraoi, 12.4 Omer Ddfau7tF f ailuro of the Ov�ner'; V44cta has 4zeithor tea z`eMefflod nor Waived, to pp?t Vh Crantc drat at, req uirpd by the Camlroctjon C mtsaa ar to perforin and complele cr compEy 011 lhe.cihi r° € rM8 thereof; CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �C.w`<:`��..*f��,'�`:v^�'�:?�r'�w.-`��G�C�.`�'-�.`'�C�`�t,z�•��%t��..�c,_�":`�.`�titi'1�G'�C.'�..(,,`C,'G;'�'�t. STATE OF CALIFORNIA County of Orange On 1 --- I (C.) IQ before me, Irene Luang, Notary Public Date Here Insert Name aTid Title of the:Officer personally appeared _-_ Stephanie Pham Nanne(s).ot Signer(s) IRENE LUONr . Commission # 4883838 Notary Public - California Z x � : Orange County My Comm. Expires Mar 22, 2014 Pace NatarySea] Above who proved to me on the basis of satisfactory evidence to be the perscfrt( ) whose name(s) is/.ire subscribed to the within instrument and acknowledged to me that he/she/they executed th.a same in his/herlthiair authorized capaeity(ies), and that: by htslhe.rAheit signature(s) on the 'instrument the persons), or :the entity upon behalf of which the person(s) acted; .execrated: 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 ar"ficial :s a1�., _ Signature r skjnatu.r. of Notary. Pu. tip OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this forrrr to another document, Description of Attached Document: Title or Type of Document: Document [date: Signers) Other Than Named Above: Capaeity(ies) Claimed by Signer(s) Signer's Name:. Stephanie Pham ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner -- ❑ LimPtad ❑ Genoral Attorneyin t=act ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Mages: Signer's Name: ❑ Individual ❑ Corporate Officer •-- Title(s): ❑ Partner -- ❑.Limited ❑ General ❑ Attorney in ract ❑ Trustee Cl Guardian or Conservator ❑ Other: Signer Is. Representing: tD 2007 National Notary Ay aclatiEin $)350 De Snto Avo., P.O. Box 2402 • C,'h8f5'nertti, CA 9t3ti3-19t1'L • wtary ,;Vali ;nal�Nalaty.ar� itcna 45901 kwreec Gail to€t-Free: 1-{30(}87$-6817 American Safety Casualty Insurance Company 444 Ocean Blvd., Long Beach., 90842 Bond No.. 20 -SUR -209349 i'r>rrr�ium: Included in Pertc3rr=3tnCe Bn�tl The language In this document conforms to the Iarnauage used in Arnericarl Insfilute of Archilects {NA} Documeof A3t2, December. 1954 (!dibon, Third Frinting, Mamh, 1987. Any singular reference to Contractor, Sutety, OtiAiw or other party shall t o mnsidered plural w: ere applicable. C£. NTPACTOR (Name, mitt Adriresr,): Legend Pump & Well Service 590 Main Street, unit A Riverside, CA, 92501 OWNER (1471ite enc Address). City of San Juan Capistrano 34250 Pasco Adelanto Stn Juan Capistrano, CA 92675 SURETY American Safety Casualty Insurance Company 444 Ocean Blvd, Long Beach, CA, 90802 CONSTRUCTION CONTRACT Date: December 10, 2410 Amount: Fifty Four Thousand Two Hundred Fifty Eight Dollars i 5 54,258.00 ) De5criplfan �Nmne and Localiunj Construction of Capistrano Valley Water District (CVWD) Well No. 1 Pump Replacement BOND Date (Not earlier than Consirucdion Contraci Daic) 12Jit�J20f0 Arnount: Fifty FaurThousand Two Hundred Fifty Eightfloltars ( S 54,258,00 Modffi,cations to this Bonn Sec Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Sear) Legend Pump �4 ftit 5ervioe Signature: Ma'.,_...�,',,�.�..�__ Name an AlTif`I ` I^ �"°' Keith Cotlier, SURETY Company rtrnrah, Seal) America a u Ity n r n Company �it)rt8t41ri'. T. µ Sterh1an'larpham, ttorne T in -Fact Ti)ia Contractor and the Sur ety, jointly and severally, bind themselves, their heirs, executors, adrninistrators, successors and .attsigns to the Owner to pay for labor, insteri6.. and e uiprr nt. furnished for ua 0 fn the pearfomiance of the ConstrUe ion Contra, Whi h is incorporated. herein by refer n . 2 Vith respect to the Owner, th,s gbi,cgatibri srra'f beo l: and void if the:Ctmtrarytor 2.1 Promptly r ekes payment. directly or irf redly, for all sums Grin Glairnants, and 2,2 defends, indomni les and holds harmlessthe Owner from claims, dernandS, luras or writs 13y any p room:. dr enttty whose claim, demand, l ig or suit is For the p ymenl. for lgbor, mjater'€his or equipmerit fornisbed fQr tjs� in th perform an6e:of the Construction Contract, pravidod the: Owner has promptly nie*i ed the Contractor and ft Surety tat the. address art the cover page) of any claims, dernandr , liens or suits and tend-- d.. defense of such claims, demand,,>; liens car suits to the Contractor and the Surety. and provided Cheri; is no Owner [}efttt:: 3 \Ahth rasped to C air°ianti�, this obligat(on :s.hall be nuli and void if the Contractor promptly rrtakss payment, rtirecVy or anoiCeG#ty, for a!I sures due, 4 The Surety shall have no crCaiicgati€ n to Claimants !sender alis Bond onto; 4 1 Ctwrnants who are employed by or have a direct contrwct.w.ith the Contractor have given notice o thi; .Surf y (a! the address on ll�e cover paq ) and sent a copy, or ootice� thereof, to the Owner, .stating that a claim is teeing miotic under this Brenn arid, with sijbi5tantiai accuracy, the amount of the c.iralrri, 4:2 Clairnants who do not have a direof confraot with the Caritrloi: 4.:2.1 Have furnished written n4atir Q (a $fie Contractor ar�d Sent a copy, or notice thereof, W the Owner, within 30 days after h6vng inst par-foriTsed labor or last Furnished r nleihat. or equiprne;at included in the cVrn stating, With substantial aocuracy, the amount of the claim and the na=aae. of theparty to Wh<)m the rr aWial� were furnished or supplied or for whom the labra was done or performed; and 42.2Have egtheir ren ived a rejections in whole or in part fringe the Contractor, or not reii'ved:oaMin 39 days of furraishin%i. the above naticeany caro rminroattcn from the Contractor by which the Cootractor has indicated the dean will tom. paid d€r Ay or € di tiy, arra 423 Not having bean paid Within the, above 30 flays, have sent a written notice to theSurety (at the address on the cover ;gage) and seigt a copy, or notice thereof, to the t?ww, Mating thai a cialrt is being made under this Gonad and enclosing a copy of the previous written notice furtt"rst eed to the Contractor, 5 ifs n rtiirby#arrapfr 4 firers dy the Citd.n r tt? the Contractcr or 16 the Surety,. thief: is suftir dpit rnglPata e: 6 It fare Claimant has s:ati06d `.the conditions of Paregmph 4, the rrtety $hail or rmptty and at the Surety's expense take tate fri=low-ing anions: 6A Send an -,)nswe.r to the Clairnant, with a copy to m - Ownef_ within 4 days alter receipi V the 00M, stating. the aoMo nt,5 that are ; ndisptited and the basis for chali�ri it any air ovnta that are d'sputied, &.. Pay or arrange for pay-rn"t of any undisputed �rrtr�rirst:5. The StmWsAbtal obligation shalt not exceed the amount of this Borid, and he arraunt of this Bond Ghali be cro;fiteo for aiay paymerrm made in. good faith by fho Surety 8 Amounts ow by Me Owner Wlhe Contractor under tho Cpdstrtaclion Contract sh if be lead for the performance of the Construction ontrrao and to sntPsfy ria..rris, it any, under any Conmruction Pedormance. Bond. By the Contractor furnishing Arid the Owner accepting this Bbrip, they -d rop that all funds eatne€ by the ContrOctor in the performance of this Conttru tion Contract are dWioatW to s sfy obligations o trio Contractor and the Surety under this Basad, subiect to. the Diner's gr O.Oty to use the naiads for the completions of the work: Tre-Surety shall not be €!able to the Owner, Clairnants or othors for obligations of ,he Contractor that are unrelated to the Construction Conttaot, Tho Ciwrier shall not be liable for payment of any costs or expenses of any CiWmant snarler this Clad, and ahFU i under thlS bored r:p oblig atims to make payments to. give ,:niduses an. behav, af; of otherwise Crave obligations toIairnants..urid r this 86nd. iii _Me Surety henabyw eves r ofte of any 0ane, irlc(uding changes of time, :to the Con5iwlipn ontfa t or to relat6d sub onlracts, purchase orders and other Ob6 ation& t: too shat �r actiprt faall �rr� oaisd by r� �tarnnt under this Bond Other than in a court of competent ;uhsd ction in the h>h,zti0n, illi ve+iaich the work or part of the work is located or abler th - exp -fat on of one year frorn the date ,(1) on wraich. alae Ctaiinarit rpave the: notice: required by Siibiph 4.1 or Clause 4.2:3, or () on whets the hist labor or service was p rto n d.by anyone or this last m twiatg or equipment we furritsh d by anyone Carded the Cm&uolion Contract, whichever of (1 )1 ur (2) first or°ccutst :.f the provisions of this Paragrapharo void int proNbitod .by. iayv, fha min ,Imurn penod of lirriit:auori avatlal le:fa stir trey a .a defense in the ju6sdic4on of the. suit snail be appiIirabt-. 12 viatica to the S tre:Yy, the C*leer or the Contractor shall be m:died of delivered to the address strain On the cover pa : ktuat receipt of notice by Surety, the Owner or the Contractor: howe�v r amwornplii0ied, small be sufficient compliance as of the crate received at the address shown caaa the cover page, 13 When tors Bond has heron furnished to Comply v ith a statutory orother Cher IecO rogoirprrient in the la trans where the construction was to :be performed, aroy provision in this Band conflioting with said statu!o-,/ or shaft be deemed deleted herrafrom and provisions corJorrriinq to such statutory or other iegai requirement shall lbe digemed incorporated here fa. The intor.t is [fiat this Stand shaft be mnstrued as a statutory bond and not as a curt" mon law bong 4 Upon reques( by any parson or entity app oaria g. 16 be a pot ent.91 beneflclary of this Bond, M* Contractw,,�hall ran sty ftimish o Copy of this Bond or h'all permit a copy to be:made 15 DEFUTIONi I Cla-fmant: An indrvWual or entity MAnq a direct contfoct Yvith the Contracto, or with a s rbd ntra f r cat's Gontrattor to fum;sh. Wbor, ffiaterials or eqQ 1pmentlor Use in the peffotmance of the Contract, The intent of this Bonti shall be to inalude. MMoLit 'imitation in the t�rms ',labor, matarialF. or e at. pan of wAtF.,r,. . . . Wipment' ih gas, power, fight, treat, oil, gasoline., tel phone service. or renal equipment Used in the CQnWoction Contract, architatfural and engineering. sari kos tbqWrod for Performance Of th4 wtrk of the Contractur and 0-,e subcontractors, and all other itern,!3 for, whjti�h a. mechanic's 6en may be asserted in the juOsdj ction wtere the labor, matoflafs Qr eq.Wlprmni were furnisf',W 151 constructTon Contract: The are memt between the Owflef and• the Contractor identified on cover pa.qq, it ludmg aN Contrast Documents aN change5 thereto, 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor os required by The Con&uction Contract or . to pprform and complete or compiy with Pie othiarterms thereof - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS' Any change; which moteriolly alters the.contract or the uantraot once by more than 16% wilt require n0t;(,e to tfiiC, LqOnd?nq Compaay. CALIFORNIA ALL -PPRP OSEACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 124 10 u before me, Irene Luong, Notary Public Date Here insert Name and Title of Officer personally appeared v Stephanie Pham Nwre(s) of 8igncr(s) who proved to me on the basis of 'satisfactory evidence -to be the person(s) whose njame(s) Ware subscribed to: the: within instrument and acknowledged to: me.1h1at he/she/they executed the same in his/her/their authorized eapacity(i e s), and that by his/her/their signature(s) On the instrurnepit the:: person(s), or the entity upon behalf of which `the, perso'n(s) IRENE LUONG acted, executed the instrument. Commission # 1883838 < California .under thel ws of if Notary Public I certify under PENALTY OF PERJUR :un a Z Orange County the State Of California that the forego ng paragraph is true My Comm.. Expires Mar N, 2014 and correct, Witness my hand ffi4d,,aleal, Signature j P�acc Nbtary,,�eal.Above SghWurb of Notary Fl�btic—' OPTIONAL Though the information below is not -required bylaw, it may prove valuable to persons relying on the docam.ent and could prevent fraudulent removal and reattachment of this form to another documehL. Description of Attacbetl Document Title or Type of Document.. Document'Date, Signers) Other Than Named Above: Gapacity(ies)..Glairned by Signer(s) Signer'sName: Stephanie Pharn_._...... El Individual El Corporate Officer --Title(s): El Partner — 0 Limited 0 Generai N Attornby in Fact 1771 Trustee 0 Guardian or Conservator 0 Other Signer Is Representing: Number of Pages: Signer's Name: El Individual [I Corporate Officer —Title(s). 171 Partner -- Ll Limited LJ General 0 Attorney in Fact El Trustee El Guardian or Conservator El Other: Signer Is Representing: (X20(3.7 Ngtkma.1 Notary M$Odaibcn -93bQ.0es()W AVO" ROL BON 2402 10'batsworth, 0A.q1,9T,3-?4W- 3tem 45907 Peorder: GaH Toll-Froe 1-600-5 6-5 27 NUMBER ALL DRUG BES S. ....... . . This Power of Aftney Is granted and is signed and seated by fgogrwite under and by the auMorky of ft foRDwing Resolution adoPW by the Board or Dirwun of the Company an the EjSh* day of Sepwober. 2003. REWLvgD, Ow the P=k1ot in conjuacko with ft SwMry or any Assisw Sew=y may anoint RUNWS44-fha Or agents with authority as defined or gifted in the inismacut avidenclas at appointment in each caM fat and on bdmff of the Company, to cKecaic and deliver and affix the mal of the CDmpmy to bards, undertaidap. I MODOIRIM:41, no Suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact of agent and revoke any power of attorney Previously granted to Such pmm, Id vuW tbd SCVW Of a seat ho MqWred) by ON or nim ii4iieOii bi of Agents "186" i in and aWa die finita of ft company to such PM3M or pt s. Showd and SeaW at ft City of Atlanta. in ft %tM Of Georgia. 32400 PASSO ADEL NTO a€EMBc#ts QF'f'HE cwy couNcf# SAN .lttAM CAPIS RANO, CA 9267 J (949) 493-1171 A n irtio ea�sr#o SAM ALLEVATO t-UtAFREESE (949) 49 1QS3 FAX ® j� www.sanjuancapistrano.org FSiq�t}4Nlfi . 1776 LARRY KRAMER DEREK PEEVE JOHN TAYLOR Notice to Proceed TO: Legend Pump and Well ATTN. Keith Colyer 590 N. Main Street Riverside, CA 92501 Project: CVWD Well #1 Replacement Amount of Contract: $54,258.00 You are hereby notified to commence work on the referenced contract on January 18, 2011, and to fully complete all of the work of said contract when services are no longer required. Dated this 18th Day of January 2011 J tin Ki tin Managernent Analyst ACCEPTANCE OF NOTICE Receipt of the foregoing Notice to Proceed is hereby acknowledged by this day of t( L✓e( By: --p-.-.__ .... Title:' Date Cc: Matt Crowley, Utility Operator Paul Scionti, Sr. Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future ell PrtnleU on 700%n recycled paper 32400 PAS EO A DELAPo TO SAN JUAN CAPIS'TRANO, CA 92675 (949) 493-1171 (349) 493-1053 rAx www.. sanjuancapistrano. org TO Legend Pump & Well Service 590 N. Main Street, Unit A Riverside, CA 92501 DATE: January 17, 2011 L s MEMBERS OF THE CITY COUNCIL L � SAM AiLEVATO II E6RPLRAlto LAURA FREESE EST13LISHED LARRY KRAMER DEREK REEVE JOHN TAYLOR FROM: Kristen Lewis, Administrative Specialist (949) 443-0308 RE: Contract — CVWD Well No. 1 — Pump Replacement 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) 443-6308. If you have questions concerning the agreement, please contact Justin Kirk, Sr. Management Analyst, at (949) 443-6381. An original agreement is enclosed for your records. Cc: Justin Kirk, Sr. Management Analyst Paul Scionti, Sr. Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future Printed on IOU% recycled paper 1/18/2011 REPORTAGENDA TO; Joe Tait, City Manage FROM: West Curry, Assistant Utilities Director SUBJECT: Consideration of Awarding a Construction Contract for the Replacement of the Pump and Column Pipe for the Dance Hall Well. (Legend Pump and Well) RECOMMENDATION: By motion, approve a construction contract to Legend Pump and Well for the cleaning, videoing, and replacement of the pump and column pipe for Dance Hall Well that supplies a portion of the water to the Ground Water Recovery Plant. SITUATION, During the September 21, 2010, City Council meeting the City Council authorized the replacement of the well to be performed by SoCal Pump and Well Drilling Inc. Subsequently prior to the commencement of the replacement of the well SoCal Pump and Well Drilling Inc. went out of business. However, due to the substantial cost increase between the first two bids and the third bid staff elected to re -bid the work. Staff received three bids which range from 33,691.00 to 42,410.32. Legend Pump and Well (with a bid of 33,691.00) is the recommended contractor. On April 29, 2010, SoCal Pump & Well Drilling, Inc. inspected the pump and column pipe for the Dance Hall Well. The well was video -logged and the video indicates the 16" well column is currently 110' deep. The SS wire -wrap screen starts at 80' and runs to 109'. The screen appears to be open with no internal signs of restriction. The gravel pack may have some plugging and staff recommends that a cleaning by the song jet method be employed. Debris will be removed from well after this procedure and a final video will be taken. During inspection, it was noted that the pump column has been prematurely deteriorating in the area of the threads and along portions of the pipe that is submerged below the water level. All of the pieces of pipe that make up the pump column are in need of replacement. The current column is 8" epoxy lined and coated mild steel. Biological build up on the inside of the pump column, along the side walls, has also been rioted in the inspection report. SUMMARY AND RECOMMENDATION: The City Council has previously awarded this contract, however due to the contract recipient going out of business and the significant increase in cost between the first and Agenda Report Page 2 January 18, 2011 second bids staff requested additional bids and brought the item back to the City Council for further consideration. Due to the premature deterioration of the mild steel pump column and bowls, staff recommends the installation of a stainless pump and column pipe and 75 HP pump motor. This agreement will include the cleaning, bailing, and re-videoing of the well prior to installation. Due to biological build up on the inside of the pump column, and along the side walls, it has been determined that by reducing the pump column size to 6" this problem would be greatly reduced. � 1 � Gl �:E� 1�,1:��7.►��11�:�L�7�� Bids were solicited and received from three qualified. vendors, with Legend Pump and Well, being the lowest bidder. Funds will be allocated from the Groundwater Recovery Plant's operation and maintenance FY 10111 budget at $33,691.00. Supporting bid were received from Palm Springs Pump and Drilling at $42,345.00 and Well Tec at $42,410.32. NOTIFICATION: Legend Pump and Well RECOMMENDATION, By motion, approve a construction contract to Legend Pump and Well for the cleaning, videoing, and replacement of the pump and column pipe for Dance Hall Well that supplies a portion of the water to the Ground Water Recovery Plant. Respe y mitte , ' Pre ar d b , West Curry 16s in Kir , Assistant)jIti ities Director Se for Ma gement Analyst Attachments: 1. Bid Results 2. Construction Contract Al I &TTACHMENT1 c E F- ® � 2 q \ / { 0 $N < ` 2 © N \ � � U. / { to / o um— %@ 0 < //Giz © DO / ` R$�g�ƒ_ £ z 0 / \/Z \SIL co Cf)C LU m « R x K�/ 2u=-<&z�o§ rr LU k M� -j V) co � =, « ■ Q Al I &TTACHMENT1 �u 951-830-1355 Urease No. 939859 November 5, 2010 CITY OF SAN JUAN CAPISTRANO 34250 Paseo Adelanto San Juan Capistrano, Ca Attention: Mr Matt Crowley Reference; Dance Hail Well Pump Installation We are pleased to offer our estimate for the above mentioned 1-75 HP Centripro 3500 RPM submersible motor 1- Stainless steel 8" 950 GPM pump end 120 feet of 2/3 w/ ground flat jacketed submersible cable 1- 6" ductile iron bronze check valve 5- 6" x 20' stainless steel drop pipe with S. S. baked phenolic lined couplings 1 -Splice kit 1- 6" x 8" reducer Total Material $27,956.00 Prep materails and load for installation $1,860.00 Labor to install and check for proper operation (prevailing) $3,875.00 Total Amount $33,691.00 These prices are firm for thirty days, after such time it may be subject to review and/or possible change. This price does include applicable sales taxes. Sincerely, Keith Collier September 28, 2010 City of San jean Capistrano 34250 Paseo Adelanto San,luan Capistrano, Ca Attentlan: Matt Crowley Palm Springs Pump Inc. is pleased present for your approval the following materials and services. Submersible Well Pump / Install A 75 HP Submersible Hitachi 3500 RPM Motor o Hitachi o 3:500 RPM c 480 3 Phase c Motor Adapter N Goulds Pump o Stainless Steel 0 8" n 3500 RPM o Splice kit with motor lead 120° of Water Well rated Submersible #2 3 wire with ground 6" Taper inline check valve 6 100' of 6" Stainless Steel Taper and coupled a California Sales Tax and Shipping Installation of the above at Prevailing Wage rate Total Labor $7,500.00 Total for Materials13-4845,00 Total for above $42,345.00 If you have any questions, please call me at 750-342-26D3 Thank you, Michael Mann President n-651 Dr. Carreon Blvd. Indio, Caiifarnia 92201 Phone (76U)342-2603 www.palmspringspump.com Fax (760)347-3467 - m _ P.0 Pax 388 Redlands, CA 92373 (909) 754-7020 (951) 849-1601 fax Lic. #802369 CITi' OF SAN JUAN CAPISTRANO .4250 Paseo Adelanto San Juan Capistrano, Ca Attention: Mr Matt Crowley Estimate 12010.5-404M Pump equipment. 1-75 HP Centripro 3500 RPM submersible motor 1- Stainless steel 8"pump end 120ffeet of'213 wl ground flat jacketed submersible cable 1- 6" ductile iron bronze check valve 5- 6" x 20' stainless steel drop pipe with S. S. baked phenolic lined couplings ]-Splice kit 1- 6"x 8" reducer Total Material $35,160.32 Labor to install and check,for proper operation (prevailing) $7,250.00 Total Amount $42,410.32 INVOICES. Invoices will be submitted once a month with payment due within 30 days of the invoice date. A late charge at the rate of I'A% per month, or the highest ante allowed by applicable lane, whichever is lowest, will be added to all amounts outstarirling after said 30 days. Purchaser agrees to pay any and all attorneys' fees and court costs should attorneys be utilized or court proceedings initiated to collect airy past due arnounts. CLANGED CONDITIONS. The discovery of any hazardous waste, substance, pollutant, contaminant, underground obstruction, condition or utilities on or under the job site which were not brought to the attention of Well Tec Inc. prior to the date of this Work Order will constitute a materially different site condition entitling Well Tee Inc, at its option, to €eminate this Work Order (and to receive payment for all work performed up to and including the date of such termination) or to receive an equitable adjustment in the contract price and trine for performance. Well TeL lilt., however, shall only have the right to terminate if such different site condition(s) creates additional health and safety risks or requires Well'1'ec Inc to perforin work outside the original scope or beyond its capabilities, In any event, Well Tec Inc, may tenniante operations on a site, which it believes presents an unreaswnabic health or safety risk HEALTH AND SAFETY, If Purchaser is to provide health and safety compliance monitoring, such monitoring shall be done at mutually agreed intervals, The /monitoring is to be documented and Well Tec services Inc. ('-Well Teo") will be provided with copies of the documentation upon request, if Well Tec Inc, employees observe that the monitoring is not being performed in strict compliance with the site-specific health and safety plan, applicable federal, stale or local laws and/or any otheragreement between Purchaserand Well Tee lnc., then Well Tec Inc. €nay cease operations and go on standby until monitoring is resumed. Well "feeInc. shall be entitled to an equitable adjustment in its titre for performance and to payment at its standby rate for any such standby time. In rro event will this paragt'aph relieve Purchaser of its duties and responsibilities to perform all health and safety compliance monitoring required by law or this Work Order, INFORMATION, It is recognized that Purchaser has superior knowledge of the job site, site history, access routes to the job site, known or suspected contaminants, surface and subsurface conditions, etc., and Purchaser is obligated to advise Well Tec Inc. ofall or any conditions that may silreot Well Tee's performance hereunder. Purchaser agrees to provide Well Tec Inc, with such specif€cations, plans, site history information, reports, studies or other information on surface and subsurface.conditions as will be reasonably required by Well Tee Inc. for safe, proper and timely performance ofthe work. Purchaser shall obtain ail necessary permits and rights- of-way and indemnify and hold Well Tec Inc. harrniess for its failure to do so and for claims ofirespass or damage to property, including underground utilities or structures, which arise out of performance of the work. PERFORMANCE. Well Tec Inc. will exercise reasonable skill and judgment in perforating the work. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NO OTHER WARRANTIES. (EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR. FITNESS FOR A PARTICULAR PURPOSE) ARE GIVEN HEREUNDER. Well Tee Inc. does not warrant any specific results of any kind. LIABILITY. Ideitfier party shall be liable to the otherpartyforanv special, indirect. Incidental or consequential damages, Whether based on contract, tort 8ncluding negligence), rind strict liability or other•isise. Fin'ther. PuPeliaseragrzes io indemn(fv and Bold Well Tec fire, harmless from and against anv and all claims, demand, rases of action fincluding third party claims for contribution or indemnrillcation), fiabilfty and costs fincluding attornevs'fres and other costs ofdefense) which resuitfr•orn (f) any release or thr•ealened release eairy stibsiarrce.(i; Iretrer iia oarfans or not); (1f) any olefin that WWI Tec Inc. or any of its subconleactor's was a "generalar" or "transporter'- of ha: ardous /caste oi• an " operator "of the job.sile (its such terms are user! ar def /ted under local, state or•federal laws or regulations7l or (lit) anv negligent or wrongfid act or omission of p4nvieaser or orher•s under purchasers control, evoept thal this ind—trication shall not apply to the extent airy demand or cause of action results from Well 7 ec Inc. negligence or inrenifemal misconduct. POLLUTION CLAIMS_ Well7ec's total llabilltvto Purchaser restiltingfr•om airy release or threatened release oj'ary hasar elous waste, substance, pollutant or contaminant, whetleel, or not directly or indirectly generated from Well7'ec's performance of the work herevnrler fincluding airy tindery to persons or property or death res€dting there from), shall not exceed the amount due Well Tee Inc, for seiWees rendered hereunder. 771 is limitation applies to all liabilities, including inrlenMOMtiorr liabilities, whether based on cantract. tort (inchrding negligence), and strict linbilidv or otherwise. 77as limitation ofliability/does not in wtv sigv limit or eecl purchaser's obligations to lndeirmffband hold Well7ec Inc- harmless. This limitation ofllubflitvsliall trot apply ra the extent it is held that the lass or damage aeose from Well Tee's gross negligence or intentional miseonducl hi addition, Purchaser agrees to limit Nell Tee's liability to the same extent that Purchaser •s liability is limited punarrant to its conn act with its client (i one. e.rists). DISPOSAL. Well Tec I= is not, and has no authority to act as, a handler, genenatoi, operator, treater, Storer, transporter or disposer of liarotddus waste, substances, pollutants or contaminants found or ideutifred at the site. Well Tec lnc, shalt Have no €espomibibty for the transportation, storage, treatment ordispnsitiair ofcontatrritlated or potentially contaminated waste materials of any.kind that are directly or indirectly generated from Well Tee's performance ofthe work hereunder. Purchaser or its client shall be responsible for the disposal of any such waste materials. DELAYS. Well Tec Inc. shall have no liability to Purrbaser, or its clients, contractors or consultants fordelays attributable to acts of God, acts ofthird parties, weather which is not reasonably anticipatable, intervention ofpublic authorities, inability to obtain permits necessary to perform the work, work stoppages; changes in applicable laws or regulations after the date of commencement of performance hereunder, and any other conditions or events which are beyond the reasonable control of Well Tee Inc, shall be entitled to additional time to perform this Work Order equal. to the time or any such delay, MISCELLANEOUS. The terms and conditions set forth in this Work Order constitute the entire understanding ofthe parties relating W the work. All previous proposals, off'cm.and other communications relative to the work, oral or Written, are hereby superseded. Any additional or conflicting provisiom(s) contained in any purchase ostler, acknowledgement, or other form of the Purchaser is hereby expressly objected to by Well Tec Inc, and shall not /modify this Work -Order, INTERPRETATION. This Work Order shall be governed and construed in aecorxlatrce with the laws ofthe state of the job site location. if any term, provision or condition contained herein shall, to any extent, be invalid or unenfomeable, pursuant to state law or otherwise, the rernainder of the terms, provisions, at conditions stated in this Work Order (or the application of such terra, provision, or condition to persons or eircunnstances other than those in respect of which it is invalid or unenforceable) shall not be affected, and each terra, provision and condition ofthe Work Order shall be valid and enforceable to the fullest extent pennitted by law. Special Conditions: L Customer to provide a level site with good access in and out, or can be provided by contractor at additional abarge_ 2. Customer to provide site for disposal of drilling, swab and test pump water unless stated other wise, 3. Payments due in betw"n each step, and remainder of work order due when services are computed. 4. Customer responsible for any unforeseen labor that may occur due to Any other not known problems i» well. S. Customer agrees to release Well Tec inc for any grass, grounds, landscape damage due to driving to job site on customer's property. & Payments: 3€1%Q due upon acceptance of work order, remainder due when work is complete. 7. All workmanship and. pump has a one year warranty from, the instailadon. date as long as well Tee inc. is the only company that does any service to the pump system in the one year period of the said warranty, f you shoidd require further infoimation please contact our of ce, 77ionk you far choosing Well Tee Woter hell & Punrp Sen -ice, a All serf=ice PUMP, electrical and waler well eotnpanv. Work Order 77w rnrder•signed Purchaser herebv instructs Well Tec Senices to proceed with the work describer) widh the understnntiing shat the Terms and Conditions shown on the abor a are hereisv rncoiporaded as part ofthis work order: Tire PrercAoser further understands that all Quotes or Estimates, if arty, are based on the best information available prior to beginning x01.4, As the acope, conditions or estimated quanities change, revised gitotatious or estimates will not be issued rimless requested. Afl prices are subjected to Federal, State and local sales and use taxes, Job site location, • City of San duan Capistrano Dr•Uling sen ices per project ErIlmate, #11111115-404ttf Purchaser Well Tec Services By: By: Mike Rentz Title: Title: President Date: Date: July 30, 2010 CONSTRUCTION OF DANCE HALL WELT:., PUMP REPLACEMENT C�•��llll7:[�I�i This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and LEGEND PUMP AND WELL SERVICE hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS.' The contract documents shall be considered to include the Bid (Proposal), Worker's Compensation Certificate, Performance Bond, Payment Bond, Certificates of Insurance, and the Contract which is prepared for execution by the CITY and the CONTRACTOR. The Standard Specifications for Public Works Construction, 2006 Edition, including all Supplements, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perfarm and complete in good and workmanlike manner the construction of a Pump Replacement for Dance Hall Well, in strict conformity with the proposal and other contract documents, which documents are on file at the Office of the City Clerk, City hall, 32400 Paseo Adelanto, San Juan. Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, total. compensation for the services hereunder not to exceed $33,691.00 as set forth in Exhibit "A," attached. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within 90 days from Notice to Proceed. It is agreed that it would be impractical and extremely difficult to fix the actual amount of damages, and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, Five Hundred Dollars ($500) per calendar day for each. day delayed; provided that.extensions of time with waiver of liquidated damages, may be granted'as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing. payment of all labor and material used under this contract, as required by the laws of 1 730946.1 ATTACHMENT 2 the State of California, on forms approved by the CITY. The Performance Bond shall. be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned. on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the fornns found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof: CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than Two Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and cion -owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/ not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 730946.1 The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 3 0 days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract. to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, .Division 2, of the California. Labor Code, except as permitted by law. If contractor is not already enrolled in the U.S. Department of Homeland Security's I - Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perforin work under this Agreement. Information pertaining to the E - Verify program can be found at htt-o://www.uscis.govv, or access the registration page at bttos://www.visdhs.coni/emi2loyerregistrati.on, Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. 3 730946.1 Failure to provide certification will result in withholding payment until full compliance is demonstrated. [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of �r 730946, each. City of San Juan Capistrano DATED: BY: Sam Allevato, MAYOR BY: CONTRACTOR, LICENSE NO. AND CLASSIFICATION ATTEST: Maria Morris, City Clerk APPROVED AS TO 'OIZM: Omar SanKo�al, City Attorney 730946.1 SANJUAN A N ,, V A, 92675 ¢c,'1. M-11'1 (53493 A9:3-1053 FA NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL LAURAFREESE "RK NWLSVIR .M°-1mC7 F -.L8 U30 The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, January 18, 2011, in the City Council Chamber in City Hall, to consider: "Consideration of Awarding a Construction Contract for the Replacement of the Pump and Column Pipe for the Dance Hall Well. (Legend Pump and Well)" — Item No. D12. 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 Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, January 17, 2011, 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 Justin Kirk, Sr. Management Analyst. You may contact that staff member at (949) 443-6381 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanouancapistrano.org. 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: cityclerk@sanjubncapistrano.org. Maria Morris, CMC City Clerk cc: Legend Pump and Well Christy Jak[ From: Christy Jaki Sent: 'Tuesday, February 08, 2011 11:33 AM To: Ju n -Kirk:, Paul Scionti Subject: Agreements & Insurance Needed Hello Gentlemen, I'm following up on some pending documents within our office and discovered that we are still waiting for the following: Agreement approved on 2/1/11 - Legend Pump and Well (Pump & Colum Pipe San Juan Basin Authority) — Need Agreement, Insurance and E -verify Good Agreement approved on 1/18/11 - Legend Pump and Well (Pump & Colum Pipe Dance Hall Well) -- Need Agreement, Insurance and E -verify Good Agreement with KJS (Cataloging of Confined Space Locations) -- Need Endorsement & Auto Thank you for your help! Christi Jakl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 l (949)493-1053 fax