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13-0228_TRI COUNTY PUMP COMPANY_Construction Agreement CONSTRUCTION AGREEMENT )re�rd cyy [Work Under$30,000] THIS AGREEMENT is made, entered into, and shall become effective this 2 9 day of be by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Tri County Pump Company., (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to modify two high pressure feed pumps, located in the City's Groundwater Recovery Plant; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit"A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit"A"and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than 90 calendar days. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed$21,215.70, as set forth in Exhibit "B" attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 1 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section S. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals j and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without F written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law,without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing ' contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City,the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2)it has investigated the work site(s),and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. 2 Section 9. Compliance with Law. Contractor shall comply with all applicable laws,ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. [RESERVED]. Section 12. fRESERVEDI. Section 13. Indemni To the fullest extent permitted by law,Contractor agrees to protect,defend,and hold harmless'the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A-Class VII or better. 3 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Workers'Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement,Contractor shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancel lation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty(30)days'written notice is given to City,except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 4 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written"Notice to Proceed"verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10)days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: West Curry To Contractor: Tri County Pump Company 241 South Arrowhead San Bernardino, CA 92408 Attn: Andy Bradbury Section 17. Prevailing Waves. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. 5 Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement,the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY N JU APIS NO B K ten P. r st, City Manager CONT CTOROA, j�� B : � � 10/i-7 Y ATT AIjx 2radbtiir 1�!'ojec-F Ma�agc� M s, City Cle k f' CoVO ty flu 41P Loi,past APPROVE AS TO F 4anAan Li en, City Attorney 7 Scope of Work: The scope of work is specified per high pressure feed pump, the City has two (2) identical high pressure feed pumps, and is requesting that both pumps be modified as specified below: 1. Remove the existing high pressure feed pump from the barrels (attachment 1) 2. Disassemble the two (2) sets of pump bowls: • The bottom bowl attached to the pump and motor assembly, and; • All the bowls on the pump the City has in storage (Attachment 2). 3. The two (2) bowls removed from the storage set are to be installed onto the pump and motor assembly. 4. A new pump shaft needs to be constructed that will accommodate the modified five bowl assembly (Existing assembly has four bowls). 5. The modified five bowl assembly to be reinstalled in the pump barrel. The City will add a two (2)foot extension to the existing pump can (Attachment 3) 6. The City will have.an electrician onsite to reconnect the electrical connections. The connections will need to be modified in order to accommodate the 24" rise of the motor and associated equipment. 7. A bump test for the directional rotation of the motor will be required, although the pump will be out of service until modification to the stainless steel feed and discharge pipe has been completed, which is estimated to take one or more additional days. Attachments: 1. Photo of the high pressure feed pump 2. Bowl assembly in storage 3. Schematic drawing of the high pressure feed pump with the proposed 24" addition EXHIBIT A r a I '' W t .� \ �, u. � , �� �' _ .. �..4�y �- �, � � , ... � '�w ,. : � µ ..�°'s' ��!�� i I � Attachment 2 7 �— rlu JOHNSTON VERTICAL PUMPS 10"-tSO# ANSI RF DISCHARGE FLANGE PUMP A 4 X 1 1/8" DIA. HOLES 15" 12" - I 50f ASI RF SUCTION FLANGE + 10"-150 ANSI RF DISCHARGE FLANGE PUMP 6 15"Q CONDITIONS: 30" 27" _ _ FLOW RATE: 1780 U.S. GALLONS PER MINUTE SO. SO. i TOTAL PUMP HEAD: 289 FT. 15" LIQUID: OEIONIZEO WATER 1 + Q SPECIFIC GRAVITY: 1.00 TEMPERATURE: AMB. G.E. VERTfCAL SOLID SHAFT MOTOR HP: 200 PHASE: 3 CYCLE: 60 VOLTAGE: 460 RPM: 1800 ENCLOSURE: WPI COUPLING: 4 PIECE FLANGED ADJ. SPACER TYPE "CF" DISCHARGE HEAD 24.5" X 12" X 10" , 87" MECHANICAL SEAL: CHESTERTON TYPE ISS APPROX. BOWL ASSEMBLY: 14CC - 4 STAGE BARREL- 20" NOMINAL PPE X 0.375" WALL CONSTRUCTION DETAILS: (WITH ASTM NO.) BOWLS: 316 S.S. 743-CFSM j 15" BEARINGS: CARBON (GR6EHALLOY GM105.2 1._.r.. IMPELLERS: 316 S.S. 7 -CFSM IMP. SEAL RINGS 16 S.S. A276-316 CONO. A 1.75" , , BARREL HEAD: FAB. S.S. A240-316/A312 TP. 316 I §AN SHAFTS: 316 S.S. A276-316 COND. A 'ro ESTIMATED WEIGHTS: DRIVER: 2030 LBS. OISCH. NEAD ASSY: 1000 LBS. BOWL ASSY: 1000 LBS. 5 SUCT, BARREL: 800 LBS. ��D�T TOTAL: 7830 LBS. CUSTOMER: G.E. OSMONICS PO NO. L.Q.I JOHNSTON QUOTE NO.: 02ROOSSI �ti' _✓ Q JOHNSTON SERIAL NO.: 73634 A/B NOTE: DO NOT USE FOR CONSTRUCTION UNLESS CERTIFIED OUKP C N � 20" DIA. 'T.o 0 THIS PRWT �y CERTIFIED .t z- = CDRR BY :. DRAWING# 0-73634-A �^ REV: 1 R.G. 5-16-03 'WATE: 3/13/03 JOHNSTON PUMP COMPANY �'�rR• ap. _ 256- ': RP BROOKSHIRE. TEXAS U.S.A. Attachment 3 COUNTY TRI C PUMP .COMPANY WATERWELL AND PUMP SERVICE 241 SOUTH ARROWHEAD-' SAN BERNARDINO,CA 92408 PHONE 909-888-7706-FAX 909-888-3653 LICENSE#744742 August 10,2012 City of San Juan Capistrano 32400 Paseo Adelanto Quote Number: 081012-3AB San Juan Capistrano,CA 92675 Attention: Mr.West Curry Subject: High Pressure Feed Pump-Train#1 In response to your request for quotation,Tri County Pump Company is pleased to offer the following for your consideration. Please bear in mind that prior to pulling,disassembly,and inspection,it is impossible to give you a firm price quotation. An exact price quotation will be provided once the pump is pulled,disassembled,and inspected. The following reflects all prevailing wage rates. Field Labor Travel to and from jobsite;pull existing pump,pick up spare bowl assembly, and transport to shop for inspection $2,200.00 Travel to and from jobsite;install pump $2,200.00 Travel to and from jobsite;check rotation,couple pump to motor,adjust, set seal,startup and test run $1,000.00 Shop Labor Unload pumps,disassemble bowls assemblies,inspect,document,assemble one bowl assembly,and assemble pump $2,040.00 Materials 1 - 1-15/16"x 89"316SS Bowl Shaft $1,500.00 1 -Rebuilt Mechanical Seal $1,400.00 1 -Lot;Miscellaneous Shop Supplies $40,00 Estimated Labor $7,440.00 Estimated Materials $2,940.00 Sales Tax 7.75% $227.85 Total Estimate $10,607.85 Please note that this is a preliminary estimate only. An exact estimate will be provided once the pumps are disassembled. Also,please be aware that extra field labor and modifications may be required once the can is extended up 24". This estimate is valid for thirty(30)days from the above date,and subject to review thereafter. We trust that this estimate will suffice for your needs,and if any additional information is required,please do not hesitate to contact us. Sincerely, Andy Bradbury Page 1 of 1 EXHIBIT B 1, J 32400 PASEO ADELANTO % MEMBERS OF THE CITY COUNCIL ii, .+c' LY SAN JUAN CApISTRANO.CA 92675 i SAM ALLEVATO (949)493.1171 NNnN1u ROY L.BYRNES,M.D. (949)493.1053 FAX • (018111111 1961 LARRY KRAMER It-ttnlsmtjuanctrpisu iIO.O►g 1776 DEREK REEVE 0 0 JOHN TAYLOR TRANSMITTAL TO: Tri County Pump Company Attn: Andy Bradbury 241 South Arrowhead San Bernardino, CA 92408 DATE: February 28, 2013 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Construction Agreement— Modify Two High Pressure Fee Pumps Located at the Ground Water Recovery Plant, Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keepin mind this documentation must remain current with our office during the term of 9 the agreement. If you have questions related to insurance requirements, please call Christy Jakl, Deputy City Clerk at (949) 443-6310. If you have questions concerning the agreement, please contact Steve Liao, Utilities Consultant at (949) 443-6326. Enclosed is an original agreement for your records. Cc: Steve Liao Utilities Consultant Justin Kirk, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future Printed on t00%recycled paper Christy JAI From: Christy Jakl Sent: Friday, March 01,2013 7:56 AM To: Stephen Liao Cc: Justin Kirk Subject: Tri County Pump PSA Attachments: 13-0228 Tri County Pump PSA.pdf Good Morning, For your records, attached is the executed PSA with Tri County Pump. The P0, with all supporting documents, has been forwarded to CM office for signature. Please let me know if you have any questions. Thank you! Christi J nkl, cmc Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax Please share your experience with the City by taking our Survey. i CITY OF SAN JUAN CAPISTRANO CONTRACT TRANSMITTAL FORM t'tUtnRN"� Da20 ( 3 City Council,SJCHA A-or SACRA Meeting Date(if applicable): N / I Brief d cri tion of services o lI rovided: Modi ff ca'f hn 6f hi _0NCS Submitting Department: Ott ties Staff Contact: 7ter4m tr" Please sign each original of the attached Agreement/Contract,where indicated and circulate in the below route order (Please note the procurement limitations below).When the contract is fully executed,the City Clerk will provide a signed copy to the submitting department and to the Financial Services Department,and will mail a signed original to the contractor/consultant. Route To: EO'Department Head Procurement: Approved S 10,000 or less—(Deparinjeur Head',.mmorny) �S 10,001-$45,000—(City M uaxer,Aumorrryl Q Not Approved O$45,001 or over—(cio-Counei(Approval Required' Director's Initials/Date •Date of Council Approval. or Resolution.No.'. 2/City Attorney Public Contracts$45,000 or less—(CltyM aRosAphrr,Rc..drad) Public Contracts over$45,000—(co,Cauvdl,Audiorlq,Reg^.red.) 'Date of Council Approval: or Resolution No: F Approved as to Form Not Approvedrney's Initials/Date Y+euea Insurance Requirements: =Cc nuncreml/Gereml Liability ❑ CFO/Treasurer =Auto Liability Professional/Emars and Omissions Worker's Compensation =Funding Available Q Additional Insured Endorsement =No Funding Available Public Works Contracts—Labor/Material&Performance Bands =Budget Resolution Required Notes: CFO/Treasurer's Initials/Date ❑ City Manager Approved Q Denied City Manager's Initial's/Date: ❑ City Clerk(For Final Routing) Approval Process Completed—Copy of Contract Transmittal Form with documents forwarded to FS Department. Denied—Returned to submitting department. Please provide the following and return to the City Clerk's Office: City Clerk's Initial's/Date: I. Contractor/Consultant Name: Tr" CounW RUP0✓1 CoGrol01y �1 1 J 2. Business License: H Yes ❑No License Number: 71161 Date of Expiration 12/31/2013 3. Contract Amount: 2- 1 ,2i5,70 4. Budget Account Number: 62 `1475 5 62501 5. City Services and Facilities to be provided(If Applicable): G. Is this a standard City contract? K Yes [:)No If no, explain: 7. Are two original contracts submitted? ® Yes ❑No If no, explain: S. Contract Date: 2/2x/201,3j,, Expiration Date: N/A , 9. Insurance Certificate attached: , es ❑No If no,explain: 10. Purchase Requisition attachd: L2/Yes El No If no,explain: 11. Bid Recap Attached: ,Y,,/Yes. E]No If no,explain: 12. W-9 Form Attached: Dyes ❑No If no, explain: 13. New Vendor Application Form Attached: ❑ Yes []No If no, explain: N/A 14. Does this document need to be recorded?❑ Yes ❑M No The Financial Services Department will issue a Purchase Order (PO) to the submitting department, once all of the information on this Contract Transmittal Form has been received by finance through the City Clerk's Once.