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11-0106_LEGEND PUMP AND WELL SERVICE_Agenda Report_D11November 2, 2010 _... 4......._. ...... . ._....... ........... TO: Joe Tait, City Manager FROM: West Curry, Assistant Utilities Director SUBJECT: Consideration of Replacing Pump and Column Pipe for the Capistrano Valley Water District (CVWD) # 1 Well. RECOMMENDATION: By motion, approve the cleaning, videoing, and replacement of the pump and column pipe for Capistrano Valley Water District (CVWD) #1 well that supplies a portion of the water to the Ground Water Recovery Plant, SITUATION: On August 17, 2010, SoCal Pump & Well Drilling, Inc. inspected the pump at the Capistrano Valley Water District (CVWD) # 1 well. The well was video -logged and the video indicates the 16" well column is currently 163' deep. The SS wire -wrap screen starts at 93' and runs to the bottom. The screen appears to be mostly plugged and cleaning is required. 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 mare 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 noted in the inspection report. 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. Staff proceeded to the second lowest bidder (Well Tec with a bid amount $58,170.00), however Well Tec was unable to post the necessary Performance and Labor & Material Bonds. Due to the inability of Well Tec to post the necessary bonds, staff then proceeded to the third bidder (Palm Springs Pump with a bid amount of $70,500.00). However, due to the substantial cost increase between the first two bids and the third bid staff elected to re -bid the work. Legend Pump and Well (with a bid of 54,258.00) is the recommended contractor, and as part of the bidding process has already provided the necessary information related to bonds. While CVWD pump #1 has been offline, another well, San Juan Basin Authority Well #2 has gone offline. This well ceased pumping due to a number of the same mechanical issues, which substantially limits the operation of the Ground Water Recovery Plan. Once the contract has been approved, the repair will take 3-4 weeks to complete. 0 C) 3 � a _CL � a c N m rn t�D rr to `� -n Co n WCL m rn c ........ . o N O v W mw O �C C) r� n r O �" c a tr ;o °, 0 L° n a ' * n �. >D ° m c R m N O C Cp Z Ul � a! CD ti C D ro (D' = M G) ©n« CL) z ro h• p ED 0 C �» D o Z N C� rr CD C CD (•'i1 CCC 69 -G4 T* f19 CD N N it O O p •'" O C 3 C1Ci A © C7 © oOC) D © 0 Jocn 10 ri z C: z CO0Q; n� � cn z _ m n' c�o-b m <va t'i� iv n z > U) ©� Z D 'EntnC m � C Z rt -a Cr OZ W p j 0 cn `3' "f7 D rn D m tI) 0 Q p CJ unci co C)p©j uZi -i O � D � rr-• ra Z r�i't r N Z CO G3 Z »� Cf) N W -1 CD � N U) n 0 p z (�D v y LS n CJ C�� `iJ 111 " o ATT CHH NT 1 SD THE AMERICANINSTITUTE OF ARCHITECTS KNOWALL MEN BY THESE ENT , that we Legend Pump & Well Service 590 Main .street; Unit A Riverside, :925011. - iPlt:rc ,and.nowms' a' Ier>al'tOl 0 (7omnamr) as Principal' fitreimf er called the Mnc pa 1, and American Safety Casualty Insurance Company corporation duly c r ateizecl under the laws ut.t e 5t to of Kure r,"a; as Surety, hereinafter called the Surety, are held wird flrrnly �nund:tuxto City of San Joan Capistrano 34250. Paseo Adelanlo Sate. Juan Capistrano, CA. 9267:5 lre[e4iri5�Y:LlFnla�,g:2r� xdc!seis a[ rCg�iiitic okrl)�crj. as Obitgec.. hurt ,inn tier called ttie bl act, in the stun of (10%) Teri, ptrrcent of die attaclied bid amount ( 10% af bid air wn( ) for the paym rq:.cat which sum well and trulyio be mach;; the said Principal and the said Suety'. bind �t�i st,l.ves; our Weiss, executors, a dm�niytrators, sliccessors anc3.assi�ns;. ot�itly and severalty, ii,rady by these presents: , Vv"1-ihREAS, the Principal has submitted a bid for.. Well and Pump Rehabilitation (.I -#ere in8m# #'c:iiaF;z�n,.Fe�sirrssxrrd <ye.�@p[1�u aFpn:.icci} '. TI1?12E1 ORE, if the Oblige shag accept the bid of the .l'r n6pal and the Principal shall enter into a C'-oratract with ttt.e obligee in accordance with the'terms of such bid.and give such bond or bon6s as may be spe:ci&A in the bidding or C>outract Dvcum ntswith good acid: suMe.imt.sttrety.for the f` thfui perFbra ince of`such Contract and fear the pl-ampt Payment of labor -and mat�,dal fuai�isl,ct? in. rtie: pro4cutiotr thcreol, or 11i the evcnt of the faflure ofthe Principal to easter such Contract and Di esiich bond.br bonds, if the Principal Sita it pay to the Oblig'-,the different c ho iii exceed the p�naityx herecfbetwcen the armmnt specified.in said bid and such ,urges a'.mutr c f6r which the Oblitdce may in good.taith contract -ith another party to pearform the Work covered by said hid then this obligw�Cion sl3ail be null and void, otherwise tc) s-Cnlain in fUll for-ce and effe�� Sigmd and ,sealed on ()(,tober 27, 20.10 ti s) ntoaess'j Irer}e Luong i ecend Ptsrrtp &. well' Service __ rrterichn Saf Casualty nsuranc: Compo 3y ( 'Seat.) (Title) Ste yIlan e Pijarrt Attotzt it .l a� T 1A DOCUM i EN'T A31G1° RjD E OOLN 7Alii k` iT3 T3 R U'AJRY 1W7� E D Z11E'_+N1).ftiCA 1S "TL` ti f)F -' R i11'EC:TS, 1715 14. y. 1 :., ,W 'NA S3f N(3,701,, D, C, 2noc; is �N1f Ci: Uirtice:�,ged nhm€oco�.�iq; vi date %`.S. '-QP)jL'i races and ss sucitic€ ta'rc d z'c ecutic3tl, 53.38iigfQr�1 Caltarriia 92236 id 760.398.3977 Bill To: City of San Juan Capistrano 34250 Paseo Adelanto i San Juan Capistrano, CA i I 3 Quote Invoice #: Q10-0822 Date: 8/24/2010 Ship Via: Page: 1 Ship To: City of San Juan Capistrano 1 34250 Paseo Adelanto San Juan Capistrano, CA E I Description . Amount Tx PROJECT: Well Rehabilitation Shop and/or Field Labor to: ` Chemically Treat and Brush Casing Clean $9,660.00 f Bail. Out Materials, Containa and Haul Away " $2,400.00 Nutralize Well $4,80(}.00 Install and Check for Proper©peration (Prevailing) $4,320:40 Run Pipeline to Sewer and Pump Well Clean - 50' from Well Head $8.84.00 Supply New Materials as Follows: Rebuild Packing Box and 4Stage Bowl Assembly. 15 - Stainless .Steel Retainers with Rubber :Inserts 12 - 6" x 10' Stainiess Steel Column Pipe and Couplings` 2 - 6" x 5' Stainless Steel Column Pipe and Couplings 1 - 6" x 3' Stainlesss Steel Column Pipe and Coupling 12'- 1 3/16" x 10'.Stainless Steel Line Shafts with Stainiess. Couplings . 2 - 1 3116" x 5' Stainless Steel Line Shafts with Stainless Couplings 1 - 1 3/16" x 6' Stainless Steel Line Shaft Supply Liquid Acid Descaler Cost for Above Materials $3€7,411.00 X Estimated Freight/Delivery $400.00 The Above Prices are Contingent Upon Pump Rig Access Payment will be required upon completion of the work. If the above referenced estimate and payment terms meet your approval, please sign below and return via fax. 760.398.2287 Authorized Signature: Date: Purchase Order No.: Title: Due Upon Receipt. Interest and Service Charge Will be Charged at the Freight: Maximum Rate Allowed by Law on All Invoices Over 30 Days Past Due. Sales Tax: A California Corporation. Your Order #: Total Amount: Amount Applied: Shipping Bate: Terms: Net 30 Balance Due: Z vi"i� rEGC �'h liil$fm ",' �;,I ral ;.€;i F '<,'.A I $0.00 $2,660.96 $55,531.96 $0.00 $55,531.96 24AUG10 CITY OF SAN JUAN CAPISTRANO 34250 Paseo Adelanto San Juan Capistrano, Ca Attention: Matt Crowley Palm Springs Pump is please to present for your approval the following quotation. Rebuild packing box Rebuild 4 stage bowl assembly 15 — bronze retainers with rubber inserts 12- 6" x 10' stainless steel column pipe and couplings 2- 6" x 5' stainless steel column pipe and couplings 1- 6" x 3' stainless steel column pipe and coupling 12- 1 3116" x 10' stainless steel line shafts with stainless couplings 2- 1 3116" x 5' stainless steel line shafts with stainless coupling 1- 1 3116 x 6' stainless steel line shaft Total Material $42,500.00 California Sales Tax and Shipping $4,500.00t Chemical treat and brush casing clean / Nutralize $10,500.00 Suction bail Well $4,500.00 Nutralize well $1,500.00 Install and check for proper operation (prevailing) $4,500.00 Pipeline to sewer and pump well clean $2,500.00 Total Amount for job Complete $70,500.00 If you have any questions, please contact myself at 760-342-2603. Thank You, Michael Mann President 83-651. Dr. Carreon Bird. Indio, California 92261 Phone (760)342-2603 w.paimspringspump.com Fax (760)347-3467 10/6/2010 AGENDA REPORT D12 TO: Joe Tait, City Manager f' FROM: West Curry, Assistant Utilities Director SUBJECT: Consideration of a Construction Agreement with Well Tec for Replacing Pump and Column Pipe for the Capistrano Valley Water District (CVWD) # 1 Well. RECOMMENDATION: By motion, approve and authorize City Manager to execute an agreement in the amount of $58,170 with Well Tec for the cleaning, videoing, and replacement of the pump and column pipe for Capistrano Valley Water District (CVWD) #1 well that supplies a portion of the water to the Ground Water Recovery Plant. SITUATION: Following City Council action taken at the September 2151 City Council meeting, Staff was informed that the awardee, SoCal Pump & Well Drilling, Inc., ceased operations. Consequently, it is necessary to re -award the same scope of work to the second lowest bidder, Well Tec Water Well & Pump Service in the amount of $58,170, which is $4,000 more than the original low bid of $54,170. On August 17, 2010, SoCal Pump & Well Drilling, Inc. inspected the pump at the Capistrano Valley Water District (CVWD) # 1 well. The well was video -logged and the video indicates the 16" well column is currently 163' deep. The SS wire -wrap screen starts at 93' and runs to the bottom. The screen appears to be mostly plugged and cleaning is required. 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 noted in the inspection report. Due to the premature deterioration of the mild steel pump column and bowls, it is recommended that the column and shafting be replaced with stainless steel, the Agenda Report Page 2 October 5, 2010 packing box be rebuilt, and that the 4 stage bow[ assembly be rebuilt and installed, along with 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. FINANCIAL CONSIDERATIONS: Bids were solicited and received from three qualified vendors, with Well Tec Water Well & Pump Service being the second lowest bidder. SoCal Pump & Well Drilling, Inc., the lowest bidder, is no longer in business. Additional funds to cover the difference between the lowest and second lowest bidder will be allocated from the Groundwater Recovery Plant's operation and maintenance FY 10111 budget at $4,000. NOTIFICATION: Well Tec Water Well & Pump Service By motion, approve and authorize City Manager to execute an agreement in the amount of $56,170 with Weil Tec for the cleaning, videoing, and replacement of the pump and column pipe for Capistrano Valley Water District (CVWD) #1 well that supplies a portion of the water to the Ground Water Recovery Plant. Res ec u submitted, We Curr Y Assistant Utilities Director Attachments: 1. Bid Results 2. Construction Agreement CITY OF SAN JUAN CAPIS TRA NO 34250 Paseo Adelanto San Juan Capistrano, Ca Attention: Mr Matt Crowley Gentlemen July 27, 2010 In reference to the pulling and inspection of your CVWD well, we would inform you of the following. The pump has been pulled from the well and brought to our shop for inspection. The well has been videologged and the video indicates the 16" well is currently 163' deep. The SS wire wrap screen starts at 93' and runs to bottom. The screen appears to be mostly plugged and needs cleaning. The pump column has been deteriorating in the area of the threads and all 15 pieces need replacement. The current column is 8" epoxy lined and coated. It is recommended to replace all the column and shajiing with stainless steel and rebuild your 4 stage bowl assembly. Materials Rebuild packing box Rebuild 4 stage bowl assembly 15 — bronze retainers with rubber inserts 12- 6" x 10' stainless steel column pipe and couplings 2- 6" x 5' stainless steel column pipe and couplings 1- 6" x 3'stainless steel column pipe and coupling 12- 13116" x 10'stainless steel line shafts with stainless couplings 2- 13116" x 5'stainless steel line shafts with stainless coupling 1- 13116 x 6' stainless steel line shaft Total Material Labor to chemical treat and brush casing clean Labor to bail out materials, contain and haul away Nutralize well Labor to install and check for proper operation (prevailing) Labor to run pipeline to sewer and pump well clean Total Amountfor job Complete $37,386.00 $7,954,00 $2, 480.00 $1,880.00 $3,920,00 $550.00 $54,170.00 ATTACHMENT These prices are f rm for -thirty -days,- after such time it may be subject to review and/or possible change. This price does include applicable sales taxes. If you should require further information, please contact our office. Thank you for choosing SoCal Pump & Well .Drilling, Inc., a full service pump, electrical, fabrication and water well drilling company. Sincerely, Keith Collier Vice president �%.WATER WELL & PUMP SERVICE P r 388 a' f . 754-7020 August 20, 2010 C17 -Y OF SAN JUAN CA.PISTRANO 34250 Paseo Adelanto San Juan Capistrano, Ca Attention: Mr Matt Crowley Lstimate 120105-577M Materials 1. Rebuild packing box and rebuild 4 stage bowl assembly 2. 15 — bronze retainers with rubber inserts 3. 12- 6" x 10'stainless steel column pipe and couplings 4. 2- 6" x 5'stainless steel column pipe and couplings 5. 1- 6"x 3 ' stainless steel column pipe and coupling 6. 12- 13116" x 10'stainless steel line shafts with stainless couplings 7. 2-1 3116" x 5'stainless steel line shafts with stainless coupling 8. 1- 13116 x 6'stainless steel line shaft Total Material including tax and delivery Labor to chemical treat and brush casing clean Labor to bail out materials, contain and haul away Nutralize well Labor to install and check for proper operation (prevailing) Labor to run pipeline to sewer and pump well clean Total Amount for job Complete $40,38600 $8,954.00 $2, 480.00 $1,880.00 $3,920.00 $550.00 $58,170.00 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 1 V2% per month, or the highest rate allowed by applicable law, whichever is lowest, will be added to ail amounts Outstanding 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 any past due amounts. 24AUG10 CITY OF SAN JUAN CAPISTRANO 34250 Paseo Adelanto San Juan Capistrano, Ca Attention: Matt Crowley Palm Springs Pump is please to present for your approval the following quotation. Rebuild packing box Rebuild 4 stage bowl assembly 15 — bronze retainers with rubber inserts 12- 6" x 10' stainless steel column pipe and couplings 2- 6" x 5' stainless steel column pipe and couplings 1- 6" x 3' stainless steel column pipe and coupling 12- 1 3116" x 10' stainless steel line shafts with stainless couplings 2- 1 3/16" x 5' stainless steel line shafts with stainless coupling 1- 1 3/16 x 6' stainless steel line shaft Total Material $42,500.00 California Sales Tax and Shipping $4,500.00t Chemical treat and brush casing clean / Nutralize $10,500.00 Suction bail Well $4,500.00 Nutralize well $1,500.00 Install and check for proper operation (prevailing) $4,500.00 Pipeline to sewer and pump well clean $2,500.00 Total Amount for job Complete $70,500.00 if you have any questions, please contact myself at 760-342-2603. Thank You, Michael Mann President 83-651 Dr. Carreon Blvd. Indio, California92202➢ o, i CHANGED 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 Tee Inc. prior to the date of this Work Order will constitute a materially different site condition entitling Well Tec Inc, at its option, to terminate this Work Order (and to receive payment for all work performed up to and including the date of such tarrnination) or to receive -an- equitable -adjustrnettt in the contract price and time for performance. Well Tee Inc., however, shall only have the right to tert-ninate if such different site condition(s) creates additional health and safety risks or requires Well Tec Inc to perform work outside the original scope or beyond its capabilities. In any event, Well Tec Inc. may terminate operations on a site, which it believes presents an unreasonable health or safety risk. HEALTH ANIS 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 Tec") 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, state or local laws and/or any other agreement between Purchaser and Well Tee Inc., then Well Tec Inc. may cease operations and go on standby until monitoring is resumed, Well Tee Inc. shall be entitled to an equitable adjustment in its time for performance and to payment at its standby rate for any such standby time. In no event will this paragraph relieve Purchaser of its duties and responsibilities to perform all health and safety compliance monitoring required by law or this Work Order. INF'OR.MAT ION. 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. of all or any conditions that may affect Well Tee's performance hereunder. Purchaser agrees to provide Well Tec Inc. with such specifications, plans, site history information, reports, studies or other information on surface and subsurface conditions as will be reasonably required by WeII Tec fire, for safe, proper and timely performance of the work. Purchaser shall obtain all necessary permits and rights- of-way and indemnify and hold Well Tee Inc. harmless for its failure to do so and for claims of trespass or damage to property, including underground utilities or structures, which arise out of performance of the work. PERFORMANCE. Well Tee Inc. will exercise reasonable skill and judgment in performing 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 Tec Inc. does not warrant any specific results of any kind. LIABILITY. Neither party shall be liable to the other party for any special, indirect, incidental or consequential damages, whether based on contract, tort (including negligence), and strict liability or otherwise. Further, Purchaser agrees to indeninip, and hold Well Tee lnc, harmless from and against any and all claims, demand, cases of action (including third party claims for contribution or indemnification), liability and costs (including attorneys' fees and other costs ofdefense) which result from (i) any release or threatened release of any substance (whether hazardous or not); (li) any claim that Well Tee Inc. or any of its subcontractors was a "generator" or "transporter" of hazardous waste or an "operator " of the job site (as such terms are used or defined under local, state or federal laws or regulations); or (iii) any negligent or wrongful act or omission of Purchaser or others under Purchaser's control, except that this indemnification shall not apply to the extent any demand or cause of action results from Well Tec Inc. negligence or intentional misconduct. POLLUTION CLAIMS. Well Tee's total liability to Purchaser resultingfrom any release or threatened release ofany hazardous waste, substance, pollutant or contaminant, whether or not directly or indirectly generated from Well 'l'et's performance of the work hereunder (including any injury to persons or property or death resulting there from), shall not exceed the amount dace Well Tec Inc. for services rendered hereunder. This limitation applies to all liabilities, including indemnification liabilities, whether based on contract, tort (including negligence), and strict liability or otherwise. 771is limitation of liability does not in any way limit or affect Purchaser's obligations to indemnify and hold Well Tec Inc. harmless. This limitation of liability shall not apply to the latent it is held that the loss or damage arose from Well Tee's gross negligence or intentional misconduct. In addition, Purchaser agrees to limit Well Tec's Ilability to the same extent that Purchaser's liability is limited pursuant to its contract with its client (Ifone exists), DISPOSAL. Well Tec lne. is not, and has no authority to act as, a handler, generator, operator, treater, storer, transporter or disposer of hazardous waste, substances, pollutants or contaminants found or identified at the site. Well Tec Inc. shall have no responsibility for the transportation, storage, treatment or disposition of contaminated or potentially contaminated waste materials of any kind that are directly or indi€ectly generated from Well Tee's performance of the work hereunder. Purchaser or its client shall be responsible for the disposal of any such waste materials. DELAYS. Well Tec Inc. shad have no liability to Purchaser, or its clients, contractors or consultants for delays attributable to acts of God, acts of third parties, weather which is not reasonably anticipatable, intervention of public authorities, inability to obtain permits necessary to perform the work, work stoppages, changes in applicable laws or regulations alter 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 perforin 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 of the parties relating to the work. All previous proposals, offers, and other connuunications relative to the work, oral or written, are hereby superseded. Any additional or conflicting provisiou(s) contained in any purchase order, acknowledgment, or other form of the Purchaser is hereby expressly objected to by Well Tec Inc. and shall not modify this Work Order. z INTERPRETATION. This Work Order shall be governed and construed in accordance with the laws of the state of the job site location. If any tern, provision or condition contained herein shall, to any extent, be invalid or unenforceable, pursuant to state law or otherwise, the rernainder of the terms, provisions, or conditions stated in this Work Larder (or the application of such tetra, provision, ar condition to..persous o.r.c rcumstances other.than those..in. respect of which .it.is.invalid.or. unenforceable) shall not be affected, and each term, provision and condition of the Work Order shall be valid and enforceable to the fullest extent permitted by law. Special Conditions' 1. Customer to provide a level site with good access in and out, or can be provided by contractor at additional charge. 2. Customer to provide site for disposal of drilling, swab and test pump water unless stated other wise. 3. Payments due in between each step, and remainder of work order due when services are completed. 4. Customer responsible for any unforeseen labor that may occur due to any other not known problems in well. 5. Customer agrees to release Well Tec Inc for any grass, grounds, landscape damage due to driving to job site on custorner's property. G. Payments: 30% due upon acceptance of work order, remainder due when work is complete. 7. All workmanship and pump has a one year warranty from the installation date as tong 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 should require farther information please contact our office. Thank you for choosing Well Tec Water Well & Pump Service, a full service pump, electrical and water well company. The undersigned Purchaserhereby instructs Well Tec Services to proceed with the work described with the understanding that the Terms and Conditions shown on the above are hereby incorporated as part of this work order. The Purchaser furlher understands that all Quotes or Estimates, if any, are based on the best information available prior to beginning work. As the scope, conditions or estimated quantities change, revised quotations or estimates will not be issued unless requested. Ali prices are subjected to Federal, State and local sales and use taxes. Job site location: City of San Juan Capistrano Drilling services per project Estimate: #120105-577M Purchaser By: _ Title: Well Tec Services By: Mike Rentz Title: President Date: _� Date: August 20,201 CONSTRUCTION OF CAPISTRANO VALLEY WATER DISTRICT (CVWD) WELL NO. 1 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 WELL TEC WATER WELL & PUMP 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 this 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 the 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 proposal and other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Pasco 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 $58,170 as set forth in Exhibit "A," attached. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the wort{ within 90 days from the 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, CONTRAC"T"OR 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 BONI) AND LABOR AND MATERIAL BOND. I 730946.1 ATTACHMENT 2 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 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 forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court rnay,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 suras 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 Oh' 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 Pasco 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 person/any one occurrence/ not limited to contractual period; 2 730946.1 $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. 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 E - 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 shalt verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information 3 7309461 pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the registration page at hqs-://www,visd�hs.com/empt yerregistzation 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. [SIGNATURE PAGE FOLLOWS] 0 730946.3 IN WITNESS WHEREOF, this contract is executed by the drily authorized agents) of CITY, pursuant to Clay Council action, and by CONTRACTOR on the date set before the narne of each, CITY OF SAN JUAN CAPISTRANO DATED: BY: DR, LONDRES USO, MAYOR BY: CONTRACTOR, LICENSE NO. ANIS CLASSIFICATION ATTEST: Maria. Morris, City Clerk APPROVED AS TO `ORM: _tvi.� Omar Sandoval, Cite Attorney `. ....... 2400 P4S O ADEL&N70114 { 4W 3 1171 k.1 wv.nv.s�a iyuo1nrrap ist€riiIa.of 7 6L 1 2d1 � a f CSR 1 NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, October 5, 2010, in the City Council Chamber in City Hall, to consider: "Consideration of a Construction Agreement with Well Tec for Replacing Pump and Column Pipe for the Capistrano Malley Water District (CVWD) #1 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, October 4, 2010, 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 West Curry, Assistant Utilities Director. You may contact that staff member at (949) 487-4307 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanmuancapistrano.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@sanjuancapistrano.org. Maria Morris, CMC City Clerk cc: Well Tec Water Well & Pump Service