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13-0305_GENERAL PUMP COMPANY_Construction AgreementCONSTRUCTION AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this S' day of March, 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and General Pump Company. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to remove existing well equipment from both well sites and storage of removed equipment at the Kinoshita well site, install pumps, motors, discharge heads, wiring, cleaning, video, and well startup at Kinoshita and Tirador well sites; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A", Option 1 (Grundfos pump with Hitachi motor) including adders 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 days after notice to proceed. Section 3. Compensation. 3.1 Amount. Total compensation forthe services hereunder shall not exceed $88,714.00, as set forth in Exhibit 'A" attached and incorporated herein by reference. Option 1 Grundfos Pump and Hitachi Motor Adders Kinoshita Well $35,847.00 $8,510.00 $44357.00 Tirador Well $35,847.00 $8,510.00 $44,357.00 Total Compensation $88,714.00 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. 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 5. Limitations Upon Subcontractina and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Chances 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 2 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. 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. (RESERVED]. 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. 3 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. 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, 4 its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until afterthirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 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: General Pump Company 159 N. Acacia St. San Dimas, CA 91773 Attn: Michael Bodart 5 EXHIBIT A G'E'NIE;;RiAL, , f I59 N. ACACIAS "I'Itl•:E'1' ^SAN UIMAS, CA 91773 �y� JNP, PHONE: (909) 599-9606 " FAX: (909) 599-6238 �YJJAN CAMARILLO, CA 93010 * PHONE: (805) 482-1215 www.genpump.eam WELL & PUMP SERVICE SINCE 1952 Lw. 8496765 Serving Southern California and Central Coast January 28, 2013 via Entail City of San Juan Capistrano Utilities 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attn: Stephen Liao, P.E. Subject-, Kinoshita and Tirador Well Projects— Requestfor Additional Information -Revived Dear Stephen: General Pump Company is pleased to offer our original Bid Options 1 and 3 along with Adders as listed below. Our Option 1 Hydroflo bowl assembly does not include the 316 stainless steel option, and therefore, is not included in our proposed options. Option I — Grundlias 316SS 3500 RPM, 1 -Pale Punry and Motor Assembly I. Remove existing pump from the well and leave on site. $ 4,000.00 Supply and install 8" Goulds or Grundfes pump and Hitachi motor. The pump and motor are to be 316 stainless steel. The 10" stainless steel pump will be equipped with a 100 HP two -vole motor, including built-in check valve. A 75HP motor is less cost, however, the motor would be fully loaded and would not last especially when driven by a VFD. 18 240.00 Subtotal $21,140.00 2. 8" PVC Cerra -Lock column to set up pump to a depth of 95 feet. $ 4,280.00 3. PVC to stainless adaptor 960.00 4. Electrical pig tail splice, and stainless steel banding and buckles. 900.00 5. New fabricated discharge head and installation of pump. 6,375.00 6. 120' of #2-3 wire with ground, flat jacketed submersible cable. 1.092.00 Note: Does not meet National Electric Code. 4/0600V 3. Conductor with California Code Ground should be evaluated. Sub(atal Option l $35,847.00 GiE;N,E; RiA:L, tmp pu Adders for Option I 1. Upgrade submersible cable from #2-3 to 4/0 to meet NEC for 75HP or IOOHP motors. 2. Chemical (Chlorine or acid) / camera tube 60' long made of Sch 80 flushjoint includes special hole in the head. This 1.5" tube would allow the City the opportunity to perform video logs while the pump is operating for evaluation and would direct any chemicals to the wells' perforations in lieu of pouring down the dry casing causing damage to the well casing (corrosion). This tube can also be used for transducers or electric sounders. (Not Required) 3. Line and coat discharge head with Scotchkole 134 fusion bonded epoxy to avoid rusting of steel fabricated head. 4. Dynamic video log to evaluate the well under pumping conditions. (Not Required) 5. Bail well and video Mr. Stephen Liao City of San Juan Capistrano Utilities January 28, 2013 Page -2- $2,994.00 10 1,596.00 -0- 3.920.00 Total for Option I including Adders Option 3 — 316SS 1750 RPM- 4 -Pole Pump and Motor Assembly 8.510.00 844,35700 2x 44, 357= Remove existing pump from the well and leave on site. $ 4,000.00 Gould I ICMC 316 stainless steel bowl and IOOHP Hitachi 316 stainless steel 4 -pole motor. 8" stainless steel pipe nipple with 304 stainless steel Flowmatic check valve. $62,974.00 Subtotal $66,974.00 2. Column 3. PVC to stainless steel adaptor. $ 4,280.00 4. Splice to stainless steel banding. 960.00 5. Discharge head and pump installation. 900.00 6. Submersible cable #2-3 6,375.00 1,092.00 Total Bid (Option 3) $81/1581.00 Mr. Stephen Liao City of San Juan Capistrano Utilities January 28, L6`Page -3• UMP Adders for Option 3 I. Upgrade submersible cable from #2-3 to 4/0 to meet $2,994.00 NEC for 75HP or 1 OOHP motors. 2. Chemical (Chlorine or acid) / camera tube 60' long made of Sell 80 flush joint; includes special hole in the head. This 1.5" tube would allow the City the opportunity to perform video logs while the pump is operating for evaluation and would direct any chemicals to the wells' perforations in lieu of pouring down the dry casing causing damage to the well casing (corrosion). This tube can also be used for transducers or electric sounders. (Not Required) -0- 3. Line and coat discharge head with Scotchkote 134 fusion bonded epoxy to avoid rusting of steel fabricated head. 1,596.00 4. Dynamic video log to evaluate the well under pumping conditions. (Not Requirerl) 5. Bail well and video. 3.920.00 $8.510.00 Total far Option 3 including Adders $89,091.00 The only difference between Options I & 3 is the speed of the rotating equipment. The most common failure of all submersibles is the thrust bearing on the motor. Heat is the number one cause of this bearing failing. The cooling sleeve will be important unless 100% of the water will enter below the pump and the flow by the motor is adequate for cooling at all operating speeds. Submersible motor bearings will also fail due to heat if the motor does not come up to a high enough speed upon startup (3 seconds or less). In our opinion, the Option 3 higher cost ($62,974 vs. $18,240) for the pump and motor assembly is not justified. The delivery time for the new equipment or future replacements is also not justifiable (14 weeks vs. one week). If you have any questions or need additional information regarding the above summary and cost, please do not hesitate to contact us. Thank you. Sincerely, JWicfiaef(Bod art Michael Bodart Director of Engineering �, uAry ®9 CITY OF SAN JUAN CAPISTRANO CONTRACT TRANSMITTAL FORM �CIFORN�P Date: March 12, 2013 City Council, SJCHA or SACRA Meeting Date (if applicable): March 5, 2013 Brief description of services to be provided: Rehabilitation of Kinoshita and Tirador Wells Submitting Department: Utilities Staff Contact: Justin Kirk 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: ® Departptent Head I tri Approved 0 Not Approved J/t !2 / Dinctor'slnitials/Date �r J rorney Approved as to Form Not Approved torney's Initials/Date ® CFO/Treasurer Mable vailable tion Required itials/Date ❑ City Manager Approved 0 Denied City Manager's Initial's/Date: U City Clerk (For Final Routing) Procurement: = $10,000 or less — (A•/wrnrxm Head'a.brdu,nlyl Q $10,001 - $45,000 — ((;o',W,.or} Aurhorlo0 $45,001 or over - (Circ Councll Approval Requirtd•) "Date of Council Approval: March 5,20B or Resolution. No.: =-Public Contracts: $45,000 or less -(Ciry A1,og Pr'' Amhorlry Regnired) =Public Contraclsover$4 0 —(CI(v Cormrll's dmhorlo, Regalrvd•) -MW of Council Approval: 3 ar Resolution. No.: Insurance � ommeroial/Geneml Liability i ! IAuto Liability Professional/Emors and Omissions orker's Compensation U Additional Insured Endorsement E= Public Works Contracts — Labor/Material & Performance Bonds 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: General Pump 2. Business License: N Yes ❑ No License Number: See Attached Date of Expiration See Attached 3. Contract Amount: $88,714 4. Budget Account Number: 50.94599-67101-13803-000: $44,357/50-94599-67101-13804- 000: $44,357 5. City Services and Facilities to be provided (If Applicable): 6. Is this a standard City contract? N Yes ❑ No If no, explain: 7. Are two original contracts submitted? N Yes ❑ No If no, explain: 8. Contract Date: Expiration Date: 90 days from the Effective date 9. Insurance Certificate attached: N Yes ❑ No If no, explain: 11. Purchase Requisition attached: N Yes ❑ No If no, explain: 10. Bid Recap Attached: N Yes ❑ No If no, explain: 11. W-9 Form Attached: ❑ Yes N No If no, explain: i 12. New Vendor Application Form Attached: ❑ Yes N No If no, explain: &St -r t ,Vwu[cTZ-- 13. Does this document need to be recorded? ❑ Yes N No J 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 Office. '4 D® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNVYY) 6/1/2012 THiS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THiS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the -Policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to certificate holder innI the terms and conditions of the policy, certain Policies may require an edorsement. A statement on this certificate does not confer rights to the ieu of such endorsements . n PRODUCER Sherri Ben -Nun The Liberty Company Insurance Brokers PNONE (818)224-6100 FAX CA License No. OD79653 E-MAIL . (818)224-6099 sherri�libertycompany.com 21045 Califs Street Woodland Hills CA 91367 INSURERISI AFFORDING COVERAGE NALCO INSURED INSURERA:Travelers Prop Casualty Ins Co 36161 General Pump Company, Inc. INSURERS:Travelers Cas & suretX Co 19038 159 North Acacia Street ENSURER C San Dimas CA 91 UWV V -"#%"=Q CERTIFICATE NUMBER:12/13 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CT ETO ALL THE TERMS, NTR TYPE OF INSURANCE POLICY NUMBERPOLICY EFF POLICY EXP GENERAL LIABILITY LIMITS EACH OCCURRENCE S 1, 000, 00 X COMMERCIAL GENERAL LIABILITY A CLAIMS -MADE 10OCCUR -630-6929NS19-TIL-12 6/1/2012 6/1/2013 PREMISES$ 100,00 MED EXP acre erson i 5, 00 X Blanket Addl insured insured PERSONAL & ADV INJURY S 1,000,00 rGENERAL AGGREGATE $ 2,000,00 GENLAGGREGATE LIMIT APPLIES PER: POLICY I X I PRO- PRODUCTS•COMP/OPAGO S 2,000,00 � DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AUach ACORD 101 Additional Rameft Schoduto, It mora spaeo is raquImd) Where required by written contract, The City of San Juan Capistrano is named as Additional Insured as respects general liability for claims arising from the operations of the named insured Per the attached CO D2 46 08 05. It is understood and agreed that this insurance is Primary and any other insurance maintained by the certificate holder shall be excess only and not contributing with this insurance. Blanket waiver of subrogation for General Liability applies and waiver of subrogation for Workerae Compensation applies per Form WC 99 03 76 (00). City of San Juan Capistrano Public Works Dept. Attn: Michelle Paves 32450 Paseo Adelanto San Juan Capistrano, CA 92675 iCORD 25 (201 4SO25 poloOs).o1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WiTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Leach/KELLY ��7yL Ulu!)) ®1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AUTOMOBILE LIABILITY S IX COMBINED INO UMff— ANY AUTO S 1 000 cc ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Por person) _ 10-507D0452-12 /1/2012 /1/2013 NON -OWNED BODILY INJURY (Per acgdenry $ HIRED AUTOS FAUTOS PROPERTY DAMAGE (Rot Py*Iery0 $ Uninsuredmao -combined $ 1,000,00 X UMBRELLALIAB OCCUR A EXCESS UAB CLAIMS MADE I EACH OCCURRENCE $ 4,000,00 [SH-CUPS07DO452-12 DED X RETENi{ONS /1/2012 /1/2013 AGGREGATE S 4,000,00 S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN WC STATU• 0TH. AMY PROPRIETCWPARTNEWEXECUi1VE ]E.L OFFiCERNEMBER EXCLUDED? (MandatorytnNl() NIA EACHACCIDENT S 1,000,001 ACRUBS946ZI799-12 /1/2012 6/1/2013 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AUach ACORD 101 Additional Rameft Schoduto, It mora spaeo is raquImd) Where required by written contract, The City of San Juan Capistrano is named as Additional Insured as respects general liability for claims arising from the operations of the named insured Per the attached CO D2 46 08 05. It is understood and agreed that this insurance is Primary and any other insurance maintained by the certificate holder shall be excess only and not contributing with this insurance. Blanket waiver of subrogation for General Liability applies and waiver of subrogation for Workerae Compensation applies per Form WC 99 03 76 (00). City of San Juan Capistrano Public Works Dept. Attn: Michelle Paves 32450 Paseo Adelanto San Juan Capistrano, CA 92675 iCORD 25 (201 4SO25 poloOs).o1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WiTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Leach/KELLY ��7yL Ulu!)) ®1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD P -630 -6929N819 -TIL -12 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1, WHO IS AN INSURED — (Section 10 Is amended to include any person or organization that you agree in a "written contract requiring insurance" to Include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal Injury. and b) if, and only to the extent that, the Injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your WOW to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the Independent acts or omissions of such person or organization. 2. The insurance provided to the additional Insured by this endorsement Is limited as follows: a) In the event that the Limits of Insurance of this Coverage Pari shown in the Declarations exceed the limits of liability required by the "written contract requiring Insurance", the in- surance provided to the additional Insured shall be limited to the limits of liability re- quired by that "written contract requiring In- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of insurance. b) The Insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal Injury, arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, Including: 1. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap. prove, drawings and specifications; and ii. Supervisory, Inspection, architectural or engineering activities. c) The insurance provided to the additional In- sured does not apply to "bodily injury" or "properly damage" caused by "your work" and included In the "products -completed op- erations hazard" unless the "=written contract requiring Insurance" specifically requires you to provide such coverage for that additional Insured, and then the insurance provided to the additional Insured applies only to such "bodily Injury" or "property damage" that oc- curs before the and of the period of time for which the "written contract requiring Insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to `other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other In- surance", whether primary, excess, contingent or on any other basis, that is available to the addl- ilonai insured when that person or organization Is an additional Insured under such "other Insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional Insured must give us written notice as soon as practicable of an "occuti rence" or an offense which may result in a claim. To the extent possible, such notice should include: 010409 CG D2 46 0$ fib 0 2005 The St. Paul Travelers Companies, inc. Page i of 2 CITY OF SAN JUAN CAPISTRANO IIE VILHIN. FI6M OR CORPORAL ON NAMED BEIOVJ III HEBETY GRRNTED THIS LICENSE AS THE RECEIPT FOR FEES PAID TO THE CITY OF CAN J'YN CAPISTRANO FOR THE BU9NES5 DESCRIBED BELOW. FOR THE PERIOD INDICATED G'ANTRO ANY LGA? OR ORDINANCEETHEEDOES CITY DOES NOTPASS ON THETMAI FICITIO iE OF THC HOI CFR D' INE CF:A➢IRI OF VOILAH GTE TYPE OF BUSINESS BUSINESS CODE WATER WELL SERVICES/ _— - 12859 OUSINESS LOCATION 159 N ACACIA STREET SAN DIMAS CA 91773 GENERAL PUMP CO, INC. 159N ACACIA STREET SAN DIMAS, CA 91773 POST IN A CONSPICUOUS PLACE FY- BUSINESS PROFESSION AND TRADE LICENSE NUMBEN 12859, EFFECTNE DATE 01/13/2013 EXPWAICCCATE L12/31/2013 Lv ox $ 47.30 Date: March 12, 2013 From: Justin Kirk Service or Product Requested ( ) Informal Quotes (X) Informal Bid CITY OF SAN JUAN CAPISTRANO BID RECAP REPORT ( ) Formal Bid ( ) Sole Source Bids/proposals were solicited from available, qualified firms for the above referenced project. The following firm(s) were/was considered: 1. General Pump 2. Legend Pump and Well 3. TO County Pump Company After evaluating the bids/proposals submitted, it is our recommendation that the contract be awarded to General Pump in an amount, not to exceed $88,714. This vendor was selected because: Lowest responsible bidder. If bids were not received, document what steps were taken to obtain quotes, any vendors contacted that declined to bid, and if applicable why it is not practical to receive three quotes. If Sole Source purchase or contract provide detailed justification for this selection: If applicable, date approved by City Council: March 5, 2013. -.. 50 Fund City of San Juan Capistrano Vendor No. PURCHASE REQUISITION 94599 67101 13503 000 DeptJDiv Acct Project Cost Center $75,000.00 Funds Available Purchase Order # Delivery 1r32400 Paseo Adelanto Address n Juan Capistrano CA 92675 NAMES AND ADDRESSES OF VENDORS CONTACTED A General Pump Company Attn: Mike Bodart 159 N. Acacia Street San Dimas CA 91773 C A B C Qty/Unit Description Unit Price Total Unit Price �} Total Unit Price Total III1 Rehab of Tirador WO Nknv $44,357.00 $44,357.00T 7 7,? d I 9N.7971 99 ,9-1 - 5 11 Sales Tax Shipping Total 44 357.00 0.00 0.00 0.00 $ $ .00 J(-7XA-1 K / 0.00 (-5 $ 0.00 Date/ /// //� Fproved by: Date: ` GemStone Page 1 of 1 Welcome Justin Kirk! GEMS - Government e -Management Solutions Version 2.3 itr Home FMS I FMS Reporting Ii�oft ���MM LW im ) ��MSGovern® History GLSUM Accovr T SUMMARY 16:09:47:85 SUCCESSFUL ENTRY 000003 0.00 Finance Workflow x General Ledger Grant Management Accounts Payable Accounts Receivable Cash Receipts Purchasing Inventory Bid Administration 110, Fixed Assets Budget Preparation Work order `0l Fleet Management Z.) Security Administration r07 70 Account Inquiries h!e peen Account Sum Encumb Detail Adj Inq Current Year Dtl Month/Type Dtl Status Control Digit iAlccount150-94-599-6710.1- - Type 5 EXPENDITURE As of H 03 1 3 ccount Name CAPITAL PROJECTS is A ACTIVE Accounting Entries Current Balance MTD Debits Credits YTD Debits Credits Budget Entries 0+ Original Budget 75,000.00+ 0+ Carry Over Encumbrance 0+ 0- Budget Adjustments 0+ 0+ Revised Budget 75,000.00+ 0- Expended YTD 0+ Encumbered 0+ Available Balance 75,000.00+ Inq First I' Baric Next http://sjc300v/GemStone/Gemstone.htm?FromDefault=YES 3/11/2013 3/5/2013 a 6 D8 6Oro City of San Juan Capistrano Agen ort TO: Karen P. Brust, City C �({%�J/y] FROM: Keith Van Der Masten, tilities Director`�/1i�/' ` Prepared by: Stephen Liao, Engineerj� jyyy DATE: March 5, 2013 SUBJECT: Consideration of a Construction Agreement to Replace the Pumps and Rehabilitate the Wells at the Tirador Well Site (CIP 13803) and the Kinoshita Well Site (CIP 13804) (General Pump Company) By motion, approve a Construction Agreement with General Pump Company in the amount of $88,714 to replace the pumps and rehabilitate the wells at the Tirador Well Site and the Kinoshita Well Site. EXECUTIVE SUMMARY: The Tirador and Kinoshita well pumps are both designed for 850 gallons per minute (gpm) and each one is currently only able to produce 160 gpm. The reduced capacity is due to the clogging of the perforations in the well screen and corrosion of the pump impellers and column pipe. Both of these well pumps supply water to the Ground Water Recovery Plant (GWRP). Staff recommends approval of a Construction Agreement with General Pump Company in the amount of $88,714 to replace the pumps and rehabilitate the wells at both sites ($44,357 per site). DISCUSSION/ANALYSIS: The work for each site consists of the removal of the existing pump and motor, cleaning of the well perforations, bailing and video logging the well, installing the new pump, and performing the necessary electrical connections. Due to the poor quality of the groundwater, corrosion resistant PVC will be used for the new column pipe (the drop pipe) and all stainless steel construction will be used for the new submersible pump. The City solicited bids from three contractors for the installation of a line -shaft turbine pump and stainless steel column assembly. The following is a summary of the bid results: City Council Agenda Report March 5, 2013 Page 2 of 3 Vendor Kinoshita Tirador I TOTAL Legend Pump and Well Service $ 98,787 $ 98,787 $197,574 TO County Pump Company $ 87,673 $ 88,513 $176,186 General Pump Company (Original Bid) $ 87,138 1 $ 87,138 1 $174,276 General Pump Company (Option 1, Including adders) 1 $44,3571 $ 44,357 1 $ 88,714 General Pump Company provided an option in its bid proposal (Attachment 1) for the installation of a Grundfos submersible pump and PVC column pipe (the drop pipe) for a cost of $44,357 per pump (total cost of $88,714 for both well sites). All other bids were for line -shaft turbine pumps and stainless steel column assemblies. The benefits of the Grundfos submersible pump and PVC drop pipe compared to the line -shaft turbine pump are as follows: • The Grundfos pump has a one week lead time compared to up to 14 weeks for a line -shaft turbine pump and therefore can be quickly replaced in the future with little down time. • The Grundfos pump is more cost effective than the line -shaft turbine pump as the life expectancy is similar to the line -shaft turbine pump at about half the cost. • The Grundfos pump has no line -shaft, line -shaft bearings, or a packing assembly which have all been problems for our line -shaft turbine pumps due to the poor quality of the groundwater. Based on these benefits and the City's positive experience with the Grundfos submersible pump that is currently running in the Dance Hall Well, staff selected General Pump Company to perform the work according to Option 1 (including adders) in its bid proposal. FISCAL IMPACT: CIP 13803 has $75,000 of available funds and CIP 13804 has $75,000 of available funds for a total of $150,000. The cost of the work by General Pump Company is $88,714; therefore, no additional budget appropriations are necessary at this time. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: Not applicable. City Council Agenda Report March 5, 2013 Page 3 of 3 COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: • On February 19, 2013, the Utilities Commission recommended that the City Council approve a Construction Agreement with General Pump Company in the amount of $88,714 to replace the pumps and rehabilitate the wells at the Tirador Well Site and the Kinoshita Well Site. NOTIFICATION: General Pump Company ATTACHMENT(S): Attachment 1 — Construction Agreement, General Pump Company CONSTRUCTION AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of , 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and General Pump Company. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to remove existing well equipment from both well sites and storage of removed equipment at the Kinoshita well site, install pumps, motors, discharge heads, wiring, cleaning, video, and well startup at Kinoshita and Tirador well sites; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. 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 days after notice to proceed. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $88,714.00, as set forth in Exhibit "A," 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. Attachment 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 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section S. 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. jRESERVEDI. Section 12. IRESERVEDI. 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 3 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. 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 Cancellation/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 4 premium. 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: General Pump Company 159 N. Acacia St. San Dimas, CA 91773 Attn: Michael Bodart Section 17. Prevailing Wastes. 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 5 be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. 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] P IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO 0 John Taylor, Mayor GENERAL�OMPANY By: Michael Bodart, Direct& of Engineering ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: ans igten, City Attorney EXHIBIT MORK-919-ALL a r DIAS, CA 91773 P�U P 159 PHONEC 909) 599E-9606 5 FAN AX n(9 9) 599-6238 CAMARILLO, CA 93010 " PHONE: (805) 482-1215 www.genpump.com WELL & PUMP SERVICE SINCE 1952 Lic. #496765 Serving Southern California and Central Coasl January 28, 2013 Via Email City of San Juan Capistrano Utilities 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attn: Stephen Liao, P.E. Subject: Kinoshita and TJrador Well Projects —Request forAddidonal Information -Revised Dear Stephen: General Pump Company is pleased to offer our original Bid Options I and 3 along with Adders as listed below. Our Option 2 Hydroflo bowl assembly does not include the 316 stainless steel option, and therefore, is not included in our proposed options. Option 1— Grundfos 316SS 3500 RPMM, 2 -Pole Puma and Motor Assembly I. Remove existing pump from the well and leave on site. $ 4,000.00 Supply and install 8" Goulds or Grundfns pump and Hitachi motor. The pump and motor are to be 316 stainless steel. The 10" stainless steel pump will be equipped with a 100 HP two-oole motor, including built-in check valve. A 75HP motor is less cost, however, the motor would be fully loaded and would not last especially when driven by a VFD. 18.240.00 Subtotal $22,240.00 2. 8" PVC Certa-Lock column to set up pump to a depth of 95 feet. $ 4,280.00 3. PVC to stainless adaptor 960.00 4. Electrical pig tail splice, and stainless steel banding and buckles. 900.00 5. New fabricated discharge head and installation of pump. 6,375.00 6. 120' of #2-3 wire with ground, flat jacketed submersible cable. 1,092.00 Note: Does not meet National Electric Code. 4/0 600V 3. Conductor with California Code Ground should be evaluated. Subtotal Option 1 $35,847.00 Adders for Option 1 1. Upgrade submersible cable from #2-3 to 4/0 to meet NEC for 75HP or I OOHP motors. 2. Chemical (Chlorine or acid) / camera tube 60' long made of Sch 80 flush joint; includes special hole in the head. This 1.5" rube would allow the City the opportunity to perform video logs while the pump is operating for evaluation and would direct any chemicals to the wells' perforations in lieu of pouring down the dry casing causing damage to the well casing (corrosion). This tube can also be used for transducers or electric sounders. (Not Required) 3. Line and coat discharge head with Scotchkote 134 fusion bonded epoxy to avoid rusting of steel fabricated head. 4. Dynamic video log to evaluate the well under pumping conditions. (Not Required) 5. Bail well and video Mr. Stephen Liao City of San Juan Capistrano Utilities January 28, 2013 Page -2- $2,994.00 In 1,596.00 -0- 3,920.00 Total for Option J including Adders Option 3 —316SS 1750 RPM, 4 -Pole Pow and Motor Assembly $8.510.00 ]pv dete $44,357.00 XZ� rt✓ (z�Lr Remove existing pump from the well and leave on site. $ 4,000.00 Gould 1 I CMC 316 stainless steel bowl and 100HP Hitachi 316 stainless steel 4 -pole motor. 8" stainless steel pipe nipple with 304 stainless steel Flowmatic check valve. $62,974.00 Subtotal $66,974.00 2. Column $ 4,280.00 3. PVC to stainless steel adaptor. 960.00 4. Splice to stainless steel banding. 900.00 5. Discharge head and pump installation. 6,375.00 6. Submersible cable #2-3 1,092.00 Total Bid (Option 3) $80,581.00 Mr. Stephen Liao City of San Juan Capistrano Utilities PUW January 28, 2013 9compim Page -3 - Adders for Option 3 I. Upgrade submersible cable from #2-3 to 4/0 to meet NEC for 75HP or 100HP motors. $ 2,994.00 2. Chemical (Chlorine or acid) / camera tube 60' long made of Sch 80 flush joint; includes special hole in the head. This 1.5" tube would allow the City the opportunity to perform video logs while the pump is operating for evaluation and would direct any chemicals to the wells' perforations in lieu of pouring down the dry casing causing damage to the well casing (corrosion). This tube can also be used for transducers or electric sounders. (Not Required) -0- 3. Line and coat discharge head with Scotchkote 134 fusion bonded epoxy to avoid rusting of steel fabricated head. 1,596.00 4. Dynamic video log to evaluate the well under pumping conditions. (Not Required) _0- 5. Bail well and video. 3,920.00 $8,510.00 Tota! for Option 3 including Adders $89,091.00 The only difference between Options I & 3 is the speed of the rotating equipment. The most common failure of all submersibles is the thrust bearing on the motor. Heat is the number one cause of this bearing failing. The cooling sleeve will be important unless 100% of the water will enter below the pump and the flow by the motor is adequate for cooling at all operating speeds. Submersible motor bearings will also fail due to heat if the motor does not come up to a high enough speed upon startup (3 seconds or less). In our opinion, the Option 3 higher cost ($62,974 vs. $18,240) for the pump and motor assembly is not justified. The delivery time for the new equipment or future replacements is also not justifiable (14 weeks vs. one week). If you have any questions or need additional information regarding the above summary and cost, please do not hesitate to contact us. Thank you. Sincerely, Michae(Bodart Michael Bodart Director of Engineering