16-1206_IWATER, INC._Maintenance Services AgreementCITY OF SAN JUAN CAPISTRANO
MAINTENANCE SERVICES AGREEMENT
FOR
VALVE AND FIRE HYDRANT MAINTENANCE SERVICES
1 PlRres nno D¡re.
This Agreement is made and entered into this iç+h day or fucgnLUÞota
by and between the City of San Juan Capistrano, a municipal corporation organized
under the laws of the State of California with its principal place of business at 32400
Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and iWater, lnc., a
Corporation with its principal place of business at 12 Goodyear, Suite 130, lrvine CA
92618 ("Contractor"). City and Contractor are sometimes individually referred to as
"Party" and collectively as "Parties" in this Agreement.
2. Recrrlls.
2.'l Contractor
Contractor desires to perform and assume responsibility for the provision of
certain maintenance services required by the City on the terms and conditions set forth
in this Agreement. Contractor represents that it is experienced in providing Valve
Maintenance and Exercising, and Fire Hydrant Maintenance and Exercising services to
public clients, that it and its employees or subcontractors have all necessary licenses
and permits to perform the Services in the State of California, and that is familiar with
the City. Contractor shall not subcontract any portion of the work required by this
Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions
stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the Valve
Maintenance and Fire Hydrant Flushing and Maintenance Project for 2016 - 2020
project ("Project") as set forth in this Agreement.
3. Trnus.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional Valve
Maintenance and Fire Hydrant Flushing and Maintenance services necessary for the
Project ("Services"). The Services are more particularly described in Exhibit "4",
16l I 47 .02t 00u9344229.1
described as the Valve Maintenance and Hydrant Flushing and Maintenance Project 60-
94552-63204; attached hereto and incorporated herein by reference. All Services shall
be subject to, and performed in accordance with, this Agreement, the exhibits attached
hereto and incorporated herein by reference, and all applicable local, state and federal
laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall begin on the signature
date of the this Agreement, and shall be lor a (2) Two -year period of time. The Parties
may, by mutual, written consent, extend the term of this Agreement for two (2) one-year
extensions. This Agreement shall terminate on June 30,2020.
3.2 Responsibilities ofGontractor.
3.2.1 Control and Pavment of Subordinates; lndependent Contractor.
The Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. Cíty retains Contractor on an independent contractor
basis and not as an employee. Contractor retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Contractor shall also not be
employees of City and shall at all times be under Contractor's exclusive direction and
control. Contractor shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and
as required by law. Contractor shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "4" attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Contractor's conformance with the Schedule, City shall respond to Contractor's
submittals in a timely manner. Upon request of City, Contractor shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work by Contractor
shall be subject to the approval of City.
3.2.4 Citv's Representative. The City hereby designates Assistant
Utilities Director, or his or her designee, to act as its representative for the performance
of this Agreement ("City's Representative"). City's Representative shall have the power
to act on behalf of the City for all purposes under this Agreement. Contractor shall not
accept direction or orders from any person other than the City's Representative or his or
her designee.
26l I 4't .021 00u9344229 .l
3.2.5 Contractor's Representative. Contractor hereby designates Donald
W. Rhodes, or his or her designee, to act as its representative for the performance of
this Agreement ("Contractor's Representative"). Contractor's Representative shall have
full authority to represent and act on behalf of the Contractor for all purposes under this
Agreement. The Contractor's Representative shall supervise and direct the Services,
using his best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with
City staff in the performance of Services and shall be available to City's staff,
consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall
perform all Services under this Agreement in a skillful and competent manner,
consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California. Contractor represents and maintains
that it is skilled in the professional calling necessary to perform the Services. Contractor
warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the Services assigned to them. Finally, Contractor represents
that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including
a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. As provided for in the indemnification provisions
of this Agreement, Contractor shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions
which are caused by the Contractor's failure to comply with the standard of care
provided for herein. Any employee of the Contractor or its sub-contractors who is
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to the
City, shall be promptly removed from the Project by the Contractor and shall not be
re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance. Contractor shall perform and complete all
Services under this Agreement within the term set forth in Section 3.1.2 above
("Performance Time"). Contractor shall perform the Services in strict accordance with
any completion schedule or Project milestones described in Exhibits "4" and uBu
attached hereto, or which may be provided separately in writing to the Contractor.
Contractor agrees that if the Services are not completed within the aforementioned
Performance Time and/or pursuant to any such completion schedule or Project
milestones developed pursuant to provisions of this Agreement, it is understood,
acknowledged and agreed that the City will suffer damage.
3.2.9 Disputes. Should any dispute arise respecting the true value of any
work done, of any work omitted, or of any extra work which Contractor may be required
to do, or respecting the size of any payment to Contractor during the performance of
J6 | t 47 .021 00u93 44229. I
this Agreement, Contractor shall continue to perform the Work while said dispute is
decided by the City. lf Contractor disputes the City's decision, Contractor shall have
such remedies as may be provided by law.
3.2.10Laws and Requlations: Emplovee/Labor Certifications. Contractor
shall keep itself fully informed of and in compliance with all local, state and federal laws,
rules and regulations in any manner affecting the performance of the Project or the
Services, including all Ca|/OSHA requirements, and shall give all notices required by
law. Contractor shall be liable for all violations of such laws and regulations in
connection with Services. lf the Contractor performs any work knowing it to be contrary
to such laws, rules and regulations and without giving written notice to the City,
Contractor shall be solely responsible for all costs arising therefrom. City is a public
entity of the State of California subject to certain provisions of the Health & Safety Code,
Government Code, Public Contract Code, and Labor Code of the State. lt is stipulated
and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Agreement to the same extent as though set forth herein
and will be complied with. These include but are not limited to the payment of prevailing
wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and
that no worker shall be permitted to work in excess of eight (8) hours during any one
calendar day except as permitted by law. Contractor shall defend, indemnify and hold
City, its officials, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Emplovment Eliqibilitv: Contractor. By executing this
Agreement, Contractor verifies that it fully complies with all requirements and
restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the lmmigration Reform and Control Act of 1986, as may be
amended from time to time. Such requirements and restrictions include, but are not
limited to, examination and retention of documentation confirming the identity and
immigration status of each employee of the Contractor. Contractor also verifies that it
has not committed a violation of any such law within the five (5) years immediately
preceding the date of execution of this Agreement, and shall not violate any such law at
any time during the term of the Agreement. Contractor shall avoid any violation of any
such law during the term of this Agreement by participating in an electronic verification
of work authorization program operated by the United States Department of Homeland
Security, by participating in an equivalent federal work authorization program operated
by the United States Department of Homeland Security to verify information of newly
hired employees, or by some other legally acceptable method. Contractor shall
maintain records of each such verification, and shall make them available to the City or
its representatives for inspection and copy at any time during normal business hours.
The City shall not be responsible for any costs or expenses related to Contractor's
compliance with the requirements provided for in Section 3.2.10 or any of its sub-
sections.
3.2.10.2 Emplovment Eliqibilitv: Subcontractors. Sub-
subcontractors and Consultants. To the same extent and under the same conditions as
46 I I 4"7 .02 I 00U9 3 44229.1
Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and
consultants performing any work relating to the Project or this Agreement to make the
same verifications and comply with all requirements and restrictions provided for in
Section 3.2.10.1.
3.2.10.3 Emplovment Elioibilitv: Failure to Complv. Each
person executing this Agreement on behalf of Contractor verifies that they are a duly
authorized officer of Contractor, and understands that any of the following shall be
grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its
subcontractors, sub-subcontractors or consultants to meet any of the requirements
provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material
omission concerning compliance with such requirements (including in those verifications
provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove
from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Labor Certification By its signature hereunder,
Contractor certifies that it is aware of the provisions of Section 3700 of the California
Labor Code which require every employer to be insured against liability for Workers'
Compensation or to undertake self-insurance in accordance with the provisions of that
Code, and agrees to comply with such provisions before commencing the performance
of the Services.
3.2.10.5 Equal Opportunitv Employment. Contractor
represents that it is an equal opportunity employer and it shall not discriminate against
any subcontractor, employee or applicant for employment because of race, religion,
color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall
include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.2.10.6 Air Qualitv. Contractor must fully comply with
all applicable laws, rules and regulations in furnishing or using equipment and/or
providing services, including, but not limited to, emissions limits and permitting
requirements imposed by the California Air Resources Board (CARB). Contractor shall
specifically be aware of the CARB limits and requirements' application to "portable
equipment", which definition is considered by CARB to include any item of equipment
with a fuel-powered engine. Contractor shall indemnify City against any fines or
penalties imposed by CARB or any other governmental or regulatory agency for
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors,
or others for whom Contractor is responsible under its indemnity obligations provided for
in this Agreement.
3.2.10.7 Water Quality.
(A) Manaqement and Compliance. To the extent
applicable, Contractor's Services must account for, and fully comply with, all local, state
and federal laws, rules and regulations that may impact water quality compliance,
including, without limitation, all applicable provisions of the Federal Water Pollution
56 1 I 47 .02t 00U93 44229. t
Control Act (33 U.S.C. SS 1300); the California Porter-Cologne Water Quality Control
Act (Cal Water Code SS 13000-14950); laws, rules and regulations of the Environmental
Protection Agency and the State Water Resources Control Board; the City's ordinances
regulating discharges of storm water; and any and all regulations, policies, or permits
issued pursuant to any such authority regulating the discharge of pollutants, as that
term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface
water in the state.
(B) Liabilitv for Non-Compliance. Failure to comply with
the laws, regulations and policies described in this Section is a violation of law that may
subject Contractor or City to penalties, fines, or additional regulatory requirements.
Contractor shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers and agents free and harmless, pursuant to the indemnification provisions of
this Agreement, from and against any and all fines, penalties, claims or other regulatory
requirements imposed as a result of Contractor's non-compliance with the laws,
regulations and policies described in this Section, unless such non-compliance is the
result of the sole established negligence, willful misconduct or active negligence of the
City, its officials, officers, agents, employees or authorized volunteers.
(C) Trainins. ln addition to any other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services
assigned to them without impacting water quality in violation of the laws, regulations and
policies described in this Section. Contractor further warrants that it, its employees and
subcontractors will receive adequate training, as determined by City, regarding the
requirements of the laws, regulations and policies described in this Section as they may
relate to the Services provided under this Agreement. Upon request, City will provide
Contractor with a list of training programs that meet the requirements of this paragraph.
3.2.11lnsurance
3.2.11.1 Time for Compliance. Contractor shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it
has secured all insurance required under this Section. ln addition, Contractor shall not
allow any subcontractor to commence work on any subcontract until it has provided
evidence satisfactory to the City that the subcontractor has secured all insurance
required under this Section.
3.2.11.2 Minimum Requirements. Contractor shall, at its
expense, procure and maintain for the duration of the Agreement insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the Agreement by the Contractor, its agents,
representatives, employees or subcontractors. Contractor shall also require all of its
subcontractors to procure and maintain the same insurance for the duration of the
Agreement. Such insurance shall meet at least the following minimum levels of
coverage:
66l I 47 .02t 00u9344229.1
(A) Minimum Scope of lnsurance. Coverage shall be at
least as broad as the latest version of the following: (1) General Liability: lnsurance
Services Office Commercial General Liability coverage (occurrence form CG 0001); (2)
Automobile Liability: lnsurance Services Office Business Auto Coverage form number
CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability:
Workers' Compensation insurance as required by the State of California and Employer's
Liability lnsurance. The policy shall not contain any exclusion contrary to the
Agreement, including but not limited to endorsements or provisions limiting coverage for
(1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross
liability for claims or suits by one insured against another.
(B) Minimum Limits of lnsurance. Contractor shall
maintain limits no less than: (1) General Liability: $5,000,000 per occurrence for bodily
injury, personal injury and property damage. lf Commercial General Liability lnsurance
or other form with general aggregate limit is used including, but not limited to, form CG
2503, either the general aggregate limit shall apply separately to this
AgreemenVlocation or the general aggregate limit shall be $6,000,000; (2) Automobile
Liability: $1,000,000 per accident for bodily injury and property damage; and (3)
Workers' Compensation and Employer's Liability; Workers' Compensation limits as
required by the Labor Code of the State of California. Employer's Liability limits of
$1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in
addition to the limits.
(C) Notices: Cancellation or Reduction of Coveraqe. At
least fifteen (15) days prior to the expiration of any such policy, evidence showing that
such insurance coverage has been renewed or extended shall be filed with the City. lf
such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days
after receipt of written notice of such cancellation or reduction of coverage, file with the
City evidence of insurance showing that the required insurance has been reinstated or
has been provided through another insurance company or companies. In the event any
policy of insurance required under this Agreement does not comply with these
specifications or is canceled and not replaced, the City has the right but not the duty to
obtain the insurance it deems necessary and any premium paid by the City will be
promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay
premium from Contractor payments. ln the alternative, the City may suspend or
terminate this Agreement.
(D) Additional lnsured. The City of San Juan Capistrano,
its officials, officers, employees, agents, and volunteers shall be named as additional
insureds on Contractor's and its subcontractors' policies of commercial general liability
and automobile liability insurance using the endorsements and forms specified herein or
exact equivalents.
3.2.11.3 lnsurance Endorsements The insurance policies
shall contain the following provisions, or Contractor shall provide endorsements on
forms supplied or approved by the City to add the following provisions to the insurance
policies:
76 t | 4'7 .02 I 00u9344229. I
(A)General Liabilitv. The general liability policy shall
include or be endorsed (amended) to state that: (1) using ISO CG forms 20-10 and 20-
37, or endorsements providing the exact same coverage, the City of San Juan
Capistrano, its officials, officers, employees, agents, and volunteers shall be covered as
additional insured with respect to the Services or ongoing and complete operations
performed by or on behalf of the Contractor, including materials, parts or equipment
furnished in connection with such work; and (2) using ISO form 20-01, or endorsements
providing the exact same coverage, the insurance coverage shall be primary insurance
as respects the City, its officials, officers, employees, agents, and volunteers, or if
excess, shall stand in an unbroken chain of coverage excess of the Contractor's
scheduled underlying coverage. Any excess insurance shall contain a provision that
such coverage shall also apply on a primary and noncontributory basis for the benefit of
the City, before the City's own primary insurance or self-insurance shall be called upon
to protect it as a named insured. Any insurance or self-insurance maintained by the
City, its officials, officers, employees, agents, and volunteers shall be excess of the
Contractor's insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available
insurance proceeds in excess of the specified minimum limits of coverage shall be
available to the parties required to be named as additional insureds pursuant to this
Section 3.2.11.3(A).
(B) Automobile Liabilitv. The automobile liability policy
shall include or be endorsed (amended) to state that: (1) the City, its officials, officers,
employees, agents, and volunteers shall be covered as additional insureds with respect
to the ownership, operation, maintenance, use, loading or unloading of any auto owned,
leased, hired or borrowed by the Contractor or for which the Contractor is responsible;
and (2) the insurance coverage shall be primary insurance as respects the City, its
officials, officers, employees, agents, and volunteers, or if excess, shall stand in an
unbroken chain of coverage excess of the Contractor's scheduled underlying coverage.
Any insurance or self-insurance maintained by the City, its officials, officers, employees,
agents, and volunteers shall be excess of the Contractor's insurance and shall not be
called upon to contribute with it in any way. Notwithstanding the minimum limits set
forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified
minimum limits of coverage shall be available to the parties required to be named as
additional insureds pursuant to this Section 3.2.11.3(B).
(c)Workers' Compensation and Emplover's Liabilitv
Coveraqe. The insurer shall agree to waive all rights of subrogation against the City, its
officials, officers, employees, agents, and volunteers for losses paid under the terms of
the insurance policy which arise from work performed by the Contractor.
(D) All Coveraoes. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended,
voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of
premium) prior written notice by certified mail, return receipt requested, has been given
to the City; and (B) any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage provided to the City,
86 | I 4't .021 00u9344229.1
its officials, officers, employees, agents, and volunteers. Any failure to comply with
reporting or other provisions of the policies including breaches of warranties shall not
affect coverage provided to the City, its officials, officers, employees, agents and
volunteers, or any other additional insureds.
3.2.11.4 Separation of lnsureds: No Special Limitations:
Waiver of Subroqation. All insurance re quired by this Section shall contain standard
separation of insureds provisions. In addition, such insurance shall not contain any
special limitations on the scope of protection afforded to the City, its officials, officers,
employees, agents, and volunteers. All policies shall waive any right of subrogation of
the insurer against the City, its officials, officers, employees, agents, and volunteers, or
any other additional insureds, or shall specifically allow Contractor or others providing
insurance evidence in compliance with these specifications to waive their right of
recovery prior to a loss. Contractor hereby waives its own right of recovery against City,
its officials, officers, employees, agents, and volunteers, or any other additional
insureds, and shall require similar written express waivers and insurance clauses from
each of its subcontractors.
3.2.11.5 Deductibles and Self-lnsurance Retentions Any
deductibles or self-insured retentions must be declared to and approved by the City.
Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects the City, its
officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure
a bond guaranteeing payment of losses and related investigation costs, claims and
administrative and defense expenses.
3.2.11.6 Subcontractor lnsurance Requirements. Contractor
shall not allow any subcontractors to commence work on any subcontract relating to the
work under the Agreement until they have provided evidence satisfactory to the City that
they have secured all insurance required under this Section. lf requested by Contractor,
the City may approve different scopes or minimum limits of insurance for particular
subcontractors. The Contractor and the City shall be named as additional insureds on
all subcontractors' policies of Commercial General Liability using ISO form 20 38, or
coverage at least as broad.
3.2.11.7 Acceptabilitv of lnsurers. lnsurance is to be placed
with insurers with a current A.M. Best's rating no less than A:Vlll, licensed to do
business in California, and satisfactory to the City.
3.2.11.8 Verification of Coveraqe. Contractor shall furnish C itv
with original certificates of insurance and endorsements effecting coverage required by
this Agreement on forms satisfactory to the City. The certificates and endorsements for
each insurance policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf, and shall be on forms provided by the City if requested. All
certificates and endorsements must be received and approved by the City before work
commences. The City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
96 I | 47 .02 t 00U93 44229. I
3.2.11.9 Reportinq of Claims. Contractor shall report to the City, in
addition to Contractor's insurer, any and all insurance claims submitted by Contractor in
connection with the Services under this Agreement.
3.2.12Safetv. Contractor shall execute and maintain its work so as to
avoid injury or damage to any person or property. ln carrying out its Services, the
Contractor shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety
of employees appropriate to the nature of the work and the conditions under which the
work is to be performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and life saving equipment and procedures; (B)
instructions in accident prevention for all employees and subcontractors, such as safe
walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space
procedures, trenching and shoring, equipment and other safety devices, equipment and
wearing apparel as are necessary or lawfully required to prevent accidents or injuries;
and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13.1
3.2.13.2
3.2.13.3
Performance Bond. Not required
Pavment Bond. Not required
Bond Provisions. Should , in City's sole opinion, any
bond become insufficient or any surety be found to be unsatisfactory, Contractor shall
renew or replace the affected bond within 10 days of receiving notice from City. ln the
event the surety or Contractor intends to reduce or cancel any required bond, at least
thirty (30) days prior written notice shall be given to the City, and Contractor shall post
acceptable replacement bonds at least ten (10) days prior to expiration of the original
bonds. No further payments shall be deemed due or will be made under this
Agreement until any replacement bonds required by this Section are accepted by the
City. To the extent, if any, that the total compensation is increased in accordance with
the Agreement, the Contractor shall, upon request of the City, cause the amount of the
bonds to be increased accordingly and shall promptly deliver satisfactory evidence of
such increase to the City. To the extent available, the bonds shall further provide that
no change or alteration of the Agreement (including, without limitation, an increase in
the total compensation, as referred to above), extensions of time, or modifications of the
time, terms, or conditions of payment to the Contractor, will release the surety. lf the
Contractor fails to furnish any required bond, the City may terminate this Agreement for
cause.
3.2.13.4 Suretv Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California-admitted surety with a current A.M. Best's
rating no less than A:Vlll and satisfactory to the City. lf a California-admitted surety
insurer issuing bonds does not meet these requirements, the insurer will be considered
6 I I 4',7 .02 I 00U934 4229. I 10
qualified if it is in conformance with Section 995.660 of the California Code of Civil
Procedure, and proof of such is provided to the City.
3.2.1AAccountinq Records. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement.
All such records shall be clearly identifiable. Contractor shall allow a representative of
City during normal business hours to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement. Contractor
shall allow inspection of all work, data, documents, proceedings, and activities related to
the Agreement for a period of three (3) years from the date of final payment under this
Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates
set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total
compensation in fiscal year ending June 30,2017 shall not exceed the bid amount of
One Hundred Forty Nine Thousand, Seven Hundred Dollars ($149,700 ) without written
approval of City. The total compensation in each fiscal year from July 1 to June 30,
shall not exceed the bid multiplied by the inflation rate of the consumer price index
between the base time of October 1, 2016, and the beginning (July 1) of the fiscal year
going fonryard. Such change will be formalized by addenda to this contract each year.
Extra Work may be authorized, as described below, and if authorized, will be
compensated at the rates and manner set forth in this Agreement.
3.3.2 Pavment of Compensation. Contractor shall submit to City a
monthly itemized statement which indicates work completed and hours of Services
rendered by Contractor. The statement shall describe the amount of Services and
supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City
shall, within 45 days of receiving such statement, review the statement and pay all
approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City
may request that Contractor perform Extra Work. As used herein, "Extra Work" means
any work which is determined by City to be necessary for the proper completion of the
Project, but which the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Contractor shall not perform, nor be compensated for,
Extra Work without written authorization from City's Representative.
3.3.5 Prevailino Waoes. Contractor is aware of the requirements of
California Labor Code Section 1720, et seq., and'1770, et seq., as well as California
Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which
6 1 I 47.02100)¿9344229.1 l1
require the payment of prevailing wage rates and the performance of other
requirements on "public works" and "maintenance" projects. Since the Services are
being performed as part of an applicable "public works" or "maintenar'ìce" project, as
defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or
more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates
of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the
Contractor's principal place of business and at the project site. Contractor shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of any failure or alleged failure to comply
with the Prevailing Wage Laws.
3.3.6 Reqistration. Since the Services are being performed as part of an
applicable "public works" or "mainterìance" project, then pursuant to Labor Code
Sections 1725.5 and 1771.1, the Contractor and all subcontractors must be registered
with the Department of lndustrial Relations. Contractor shall maintain registration for
the duration of the Project and require the same of any subcontractor. This Project may
also be subject to compliance monitoring and enforcement by the Department of
lndustrial Relations. lt shall be Contractor's sole responsibility to comply with all
applicable registration and labor compliance requirements.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Contractor of such termination, and specifying the effective date
thereof, at least three months before the effective date of such termination. Upon
termination, Contractor shall be compensated only for those services which have been
adequately rendered to City, and Contractor shall be entitled to no further
compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. lf this Agreement is terminated as provided
herein, City may require Contractor to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Contractor in connection with the
performance of Services under this Agreement. Contractor shall be required to provide
such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. ln the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such
manner as it may determine appropriate, services similar to those terminated.
3.5 General Provisions.
6l I 47 .021 00u9344229.1 12
3.5.1 Deliverv of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
Contractor:
iWater, lnc.
12 Goodyear, Ste 130
lrvine CA 92618
Attn: Don Rhodes, President
City:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA92675
Attn: Steve May, Director of Public Works and Utilities
Such notice shall be deemed made when personally delivered or when
mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid
and addressed to the party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.2 lndemnification
3.5.2.1 Scope of lndemnity. To the fullest extent permitted by
law, Contractor shall defend, indemnify and hold the City, its officials, officers,
employees, volunteers and agents free and harmless from any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or
equity, to property or persons, including wrongful death, in any manner arising out of,
pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its
officials, officers, employees, subcontractors, consultants or agents in connection with
the performance of the Contractor's Services, the Project or this Agreement, including
without limitation the payment of all consequential damages, expert witness fees and
attorneys'fees and other related costs and expenses. Notwithstanding the foregoing, to
the extent Contractor's Services are subject to Civil Code Section 2782.8, the above
indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Contractor.
3.5.2.2 Additional lndemnitv Oblioations. Contractor shall
defend, with Counsel of City's choosing and at Contractor's own cost, expense and risk,
any and all claims, suits, actions or other proceedings of every kind covered by Section
3.5.2.1 that may be brought or instituted against City or its officials, officers, employees,
volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree
that may be rendered against City or its officials, officers, employees, volunteers and
agents as part of any such claim, suit, action or other proceeding. Contractor shall also
reimburse City for the cost of any settlement paid by City or its officials, officers,
6t | 47 .02100u9344229.1 13
employees, agents or volunteers as part of any such claim, suit, action or other
proceeding. Such reimbursement shall include payment for City's attorneys' fees and
costs, including expert witness fees. Contractor shall reimburse City and its officials,
officers, employees, agents, and/or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Contractor's obligation to indemnify shall survive expiration or termination of
this Agreement, and shall not be restricted to insurance proceeds, if any, received by
the City, its officials officers, employees, agents, or volunteers.
3.5.3 Governinq Law; Government Code Claim Compliance. This
Agreement shall be governed by the laws of the State of California. Venue shall be in
Orange County, California. In addition to any and all contract requirements pertaining to
notices of and requests for compensation or payment for extra work, disputed work,
claims and/or changed conditions, Contractor must comply with the claim procedures
set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the
City. Such Government Code claims and any subsequent lawsuit based upon the
Government Code claims shall be limited to those matters that remain unresolved after
all procedures pertaining to extra work, disputed work, claims, and/or changed
conditions have been followed by Contractor. lf no such Government Code claim is
submitted, or if any prerequisite contractual requirements are not othen¡,¡ise satisfied as
specified herein, Contractor shall be barred from bringing and maintaining a valid
lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.5 Citv's Riqht to E Other Contractors City reserves right to
employ other contractors in connection with this Project.
3.5.6 Successors and Assiqns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.7 Assiqnment or Transfer. Contractor shall not ass ign, hypothecate
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.8 Construction: Refe rences: Cantions Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for
or against any Party. Any term referencing time, days or period for performance shall
be deemed calendar days and not work days. All references to Contractor include all
personnel, employees, agents, and subcontractors of Contractor, except as otherwise
specified in this Agreement. All references to City include its officials, officers,
employees, agents, and volunteers except as othen¡vise specified in this Agreement.
The captions of the various articles and paragraphs are for convenience and ease of
6 I I 47.021 00U9344229.1 t4
reference only, and do not define, limit, augment, or describe the scope, content or
intent of this Agreement.
3.5.9 Amendment. Modification. No supplement, modification or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.10Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party any contractual rights by custom, estoppel or othenryise.
3.5.11No Third Partv Beneficiaries. Except to the extent expressly
provided for in Section 3.5.7, there are no intended third party beneficiaries of any right
or obligation assumed by the Parties.
3.5.12lnvalidity: Severabilitv. lf any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.13 Prohibited lnterests. Contractor maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Contractor, to solicit or secure this Agreement. Further, Contractor
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Contractor, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. Contractor further agrees to file, or shall cause its
employees or subcontractors to file, a Statement of Economic lnterest with the City's
Filing Officer as required under state law in the performance of the Services. For
breach or violation of this warranty, City shall have the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer or employee of City,
during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation: Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.15Attorneys' Fees and Costs. lf any action in law or equity, including
an action for declaratory relief, is brought to enforce or interpret the provisions of this
Agreement, the prevailing Party shall be entitled to recover from the losing party
attorney's fees and costs in an amount determined to be reasonable by a court of
com petent jurisd iction.
3.5.16Authoritv to Enter Aqreement. Contractor has all requisite power
and authority to conduct its business and to execute, deliver, and perform the
Agreement. Each Party warrants that the individuals who have signed this Agreement
6 I | 4'7 .02 I 00.¿93 44229. t 15
have the legal power, right, and authority to make this Agreement and bind each
respective Party.
3.5.17 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original. lt is further agreed that facsimile and/or
photocopies of authentic signatures shall be considered as originals.
3.5.18 Entire Aoreement. This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modífied by
a writing signed by both parties.
ISTGNATURES ON NEXT PAGEI
6t t47 .02100u9344229 .t t6
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREETIENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND ¡WATER, INC.
have entered into this Agreement as of the
CITY OF SAN JUAN ISTRANO ¡WATER, INC.
Apprcved By:
Signature
lt- tz- lL
Date Name
Title
c
Date
Apprcved As Io Form:
Attorney
IN
\olh
6 | I 47 .02 t 00u93 44229, I t7
i
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE C¡TY OF SAN JUAN CAPISTRANO
AND iWATER, INC.
lN WITNESS WHEREOF, the Parties have entered into this Agreeme
day of , 20'16
nt as of the
CITY OF SAN JUAN CAPISTRANO
Approved By:
Date
Attested By'.
Maria Morris, City Clerk
Approved As Io Form:
City Attorney
¡WATER, INC.
Signature
Donald W. Rhodes
Name
President
Title
Nov. 1,2016
Date
6l r J7.02 I 00tr93{12?9. I 17
ATTACHMENT "A''
SCOPE OF WORK
VALVE EXERCISING AND FIRE HYDRANT FLUSHING AND EXERCISING
1
City of San Juan Capistrano - Utilities Department
Valve Exercise and Hvdrant Flushinq Proqram
Project area consists of all defined main streets within the City of San Juan Capistrano;
Attachment D the Atlas map of the San Juan Capistrano water service area. The
system fire hydrants and lines must be flushed. The system valves also require
exercising. The majority of the fire hydrants valves are located on residential streets
that can be worked on during the day. However, a small portion of the valves and fire
hydrants are located in nighttime work areas, see Attachment C. All work described in
this section is by the Contractor unless noted otherwise.
Planninq. Notification, and Reportinq:
1. The City will provide mapping and general guidance on the areas to be flushed
and the preferred general direction of flushing operations on a quarterly basis.
2. At least one day in advance of each days flushing and valve exercise notify
Water Distribution Supervisor (tjohnson@sanjuancapistrano.org), and Chief Plant
Operator (ggarrett@sanjuancapistrano.org) of the planned work via email.
lnclude a map or description of the area of work. The map will show the intended
route of flushing from first hydrant to last hydrant. Allow for modification of route
by Engineer due to prevailing flow direction of water in system.
3. Pre-plan an entire day's flushing using the available distribution system maps
which are available in ESRI compatible geodatabase (gdb) format.
4. Start at or near a source of supply and work outward into the distribution system.
5. lsolate the section to be flushed from the rest of the system to create direction
flow.
6. After one section has been flushed, move on to the next section to be flushed
and repeat the same procedures.
7. Each day, a report must be e-mailed to the Water Distribution Supervisor, and
the Chief Plant Operator defining the area that was worked on that day, along
with a report of the results in adobe pdf format. Dailey report in particular to note:
1. Any out-of-service hydrants need to be bagged.
2. Hydrant failure, valve failure or any other in operable appurtenances those
are not operable.
3. Damage
General. Site conditions. and Clean Up:
1. This section work applies to all devices Valves, Fire Hydrants, and Blow Offs.
2. All closed valves are labeled as "CLS" in the atlas maps, and have red lids with a
PVC riser with a red cap. Do not exercise these valves. lf a closed valve does
not have a PVC riser with a red cap and have the label "CLS" in the atlas - notify
the Water Distribution Supervisor. lf a closed valve is located with no markings,
and is not designated 'CLS' on the atlas - notify the Water Distribution
2
Supervisor to confirm whether or not the valve should remain closed, or if it can
be exercised and left open.
3. Where traffic control is needed, provide traffic control per MUTCD handbook.
4. All Supervisory personnel must have current Waster Distribution Operators
Certificate Grade class 2 issued by the State of California State, Water Resource
Control Board, California, Department Drinking Water.
Exercise Proqram for Fire Hvdrants:
1. Close the hydrant isolation valve and verify closure buy opening 4" port on the
hydrant. After confirmation close 4" port and open isolation valve slowly.
2. After isolation valve is verified all hydrant ports need to be opened and flushed to
remove water in the lateral.
3. Any out-of-service hydrants need to be bagged and reported.
4. Avoid flooding, which can cause traffic problems.
5. Open hydrant ports with hydrant isolation valve closed, Slowly open isolation
valve to allow 250 gallons a minute for a period long enough to get clear flow and
a total chlorine residual of 0.2 ppm or greater. Slowly close hydrant. lf 10 minutes
pass without reaching clear water or minimum chlorine residual - contact Water
Distribution Supervisor or Chief Plant Operator.
5. Direct flushing water away from traffic, pedestrians and private property. Avoid
erosion damage to streets, lawns and yards by the use of tarpaulins and lead-off.
Use discharge devices such as diffusers.
6. Use dechlorinating tablets for all flushed water.
6. Use coconut rolls in in front of the storm drains receiving run off from the flow,
clean up any silt accumulated by the coconut rolls
7 . Stop flushing if flooding occurs, report to CSJC the drainage problem.
7. All hydrant caps lubricated. Replace rubber gasket.
B. Record problems with fire hydrant operation
9. Exercise hydrant isolation valve in a complete cycle and record number of turns
to close. (See Valve Exercise Program below.)
Exercise Proqram for Valves:
1. Remove valve lid, vacuum clean valve can.
2. Close and open line valves slowly to prevent water hammer.
3. Operate valve completely from open to closed position, two times, and record the
number of turns.
4. Replace lid.
5. Any out-of-service valves need to be and reported.
6. Record problems with valve operation
7. Paint valve lid yellow for "domestic" and purple for "non domestic".
8. All hydrant isolation valves will be painted both blue and yellow.
3
Exercise Proqram for Blow Off Devices:
1. Close and open blow off slowly to prevent water hammer.
2. Any out-of-service blow offs need to be reported.
3. lnstall a riser to bring discharge of blow off to 24-inches above surrounding
ground level.
4. Avoid flooding, which can cause traffic problems.
5. Slowly open blow off to allow 250 gallons a minute for a period long enough to
get clear flow and total chlorine residual of 0.2 ppm or greater. Slowly close blow
off. lf 10 minutes pass without reaching clear water or minimum chlorine residual
- contact Water Distribution Supervisor or Chief Plant Operator.
6. Direct flushing water away from traffic, pedestrians and private property. Avoid
erosion damage to streets, lawns and yards by the use of tarpaulins and lead-off.
Use discharge devices such as diffusers.
7. Use dechlorinating tablets for all flushed water.
8. Use coconut rolls in in front of the storm drains receiving run off from the flow,
clean up any silt accumulated by the coconut rolls
9. Stop flushing if flooding occurs, advise CSJC of drainage problem
10. Record problems with blow off operation
11. Exercise blow off isolation valve, if can stock style blow off, in a complete cycle
and record number of turns to close.
Line Flushino Requirements:
1. This section is for work done on an hourly basis. Contractor is to provide a 2 or 4
person crew as requested by City for work, to work under direction
2. (General) Line flushing is different from hydrant flushing in that it moves any silt
and debris out of the line and will require that the Contractor provide a crew of 2
- 4 persons to work under the direction of CSJC staff.
3. (CSJC Staff) Pre-plan an entire day's flushing using the available distribution
system maps.
4. (CSJC Staff) Determine which sections of the mains are to be flushed at one
time, the valves to be used and the order, which the pipelines will be flushed.
5. (CSJC Staff) Notify all customers who will be affected of the dates and times of
the flushing
6. (Contractor) Start at or near a source of supply and work outward into the
distribution system as directed by CSJC staff.
7. (Contractor) Assure that line pressure at nearby hydrant maintains above 20 psi.
8. (Contractor) A minimum flushing velocity of 2.5fps (4.0 fps preferred) should be
developed as determined by CSJC staff.
9. (Contractor) One or more fire hydrants may be used for flushing so that minimum
velocities can be obtained.
10.(Contractor) lsolate the section to be flushed from the rest of the system as
determined by CSJC staff.
11.(Contractor) Close the valves slowly to prevent water hammer.
4
12.(Contractor) Open the fire hydrant or blow-off valve slowly.
13. (Contractor) Open hydrant fully for a period long enough (as determined by
CSJC staff) to stir up the deposits inside the water main.
14.(Contractor) Record all pertinent data regarding the flushing operation as
determined by CSJC staff.
15.(Contractor) Collect two (2) water samples from each flowing hydrant, one in the
beginning (about 2 to 3 minutes after the hydrant is opened) and the second
sample when the discolored water turns clear fiust before closing the hydrant).
16.(CSJC staff) After the flushing water becomes clear test the free chlorine
residuals to ensure they are at the desired level.
17.(Contractor) Record this information on the Hydrant Maintenance Report.
18.(Contractor) Slowly close the hydrant or blow-off valves.
19.(Contractor) After one section of pipe has been flushed, move on to the next
section to be flushed and repeat the same procedures as directed by CSJC staff.
GIS/GPS Data Collection Requirements
o Record GPS location of valve and fire hydrant based on NAD83, California State
Plane Zone Vl; with sub-meter GPS survey. These will be included in database
report and in map format.. Reports will contain a database of work completed. This database will be in dbf
format and will work together with map shape or geodatabase files (Shape files
as Arc View shape file format with file registered to California State Plane
Coordinate System Zone Vl, 1983.) for incorporation of existing mapping system
used within the City of San Juan Capistrano.o Monthly geodatabase files will be delivered.. All for maps and reports will be in Adobe pdf.
o Deliverables by e-mail, web site, or ftpo Along with coordinates record in data file:
o differential accuracy
o Valve or Hydrant lD,
o number of turns to open/close
o Conditiono Operational status
o Problems per drop down list
o Taste and odor
o Residual total chlorine at end of flushing.
o Hydrants out of order (bagged.)
o Valves out of ordero Blow offs out of order
o Missing Hydrant, valve, or blow off.
o Damage.
o Overgrown plant surrounding the fire hydrant.
o Painting required Y/N.
o Surrounding bushes need trimming Y/N
5
o Fire Hydrant location marks (Blue Bot Dots) present Y/N
Provide any atlas update notes regarding missing valves or hydrants, newly
located valves of hydrants or other commentary.
6
EXHIBIT "B''
CONTRACTOR'S BID AND
SCHEDULE OF SERVICES AND COMPENSATION
iWATER BID, SCHEDULE AND RATES
BID
BID TO: CITY OF SAN JUAN CAPISTRANO
The undersigned Bidder proposes and agrees, if this Bid is accepted, lo enler into an Agreement with the City in lhe form
included in the Contract Documenls (as defined in Arlicle 1 of lhe Construction Cçntract) 1o perform the Work as
specified or indicated in these bid documents
VALVE EXERCISE AND HYDRANT FLUSING AND EXERCISE PROGRAM
Bidder accepts all of the terms and conditions of the Contracl Documents, including without limilalion those in the Notice
lnvitìng Bids and the lnstructions to Bidders.
This Bid will remain cpen for the period stated in lhe Notice lnviting Bids, unless othenvise required by law. Bidder will
enter into an Agreement within the time and in the manner required in the lnstructions to Bidders, and will furnish the
insurance cerlificales, Certificates, and all Permits as required by the Contract Documenls.
Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby
acknowledged);
uu^a"r (oo -1//l3l'( t/co'!t"tol sl ;Rct é
Number Dale
Bidder has familiarized itself with the nature and extent of the Contract Documenls, the Work, lhe site, the locality where
the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations),
and the conditions affecling cost, progress, or performance of the Work, and has made such independent invesligations
as Bìdder deems necessary,
Ihe undersigned conf rms lhat if awarded the contract it can and will comply for the foilowing section so lhe Agreement:
1. 3.2.10.0 to3.2.10.5 - Employment
2. 3.2.11 - lnsurance
3. 3.2.13 - Bonds
4. 3.3.5 - Prevailing Wages
5. 3.3.6 - Registration with the Department of lndustrial Relations.
6. 2.2.11.2.8 and 2.2,11.3.C - Workers Compensation
To all the loregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, and Bidder's
Generãl lnformation, in these Bid Forms; said Bidder further agrees to complete ihe Work required under the Contracl
Documents wilhìn the Contract Time stipulated in said Conlract Documenls, and lo accept in full paymenl therefor the
Contract Price based on the Lump Surn or Unit Bid Price(s) named in lhe aforementioned Bidding Schedule(s).
Dated;/c'l ,t t f ;t¿' tr,^Bidder:t (ti t,. l- r-li ;c'
By:L -')t', ,u-"1 ('t t t,
(Signature)
Êr-t :,tLr.,jf-
('rl (.'..',-*,,'r!¿" þ- .}Ë; : )ê6(/)1,.. t)
BrD (PROPOSAL)
BID FORMS. PAGE 1
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Title:
FORÀI U.3OO
X08U-300bid.wPð
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1
INFORMATION REQUIRED OF BIDDER
LIST OF SUBCONTRAGTORS
As required under Section 4100, et seq., of the Public Contract Code, the Biddershall list below the name and business
address of eaoh subcontractor who will perform Work under this Bid in excess of one-half of one percent of the
Contractor's Total Bid Price, and shall elso list the porlion of the Work which will be done by such subcontractor. After
the opening of Bids, no changee or substitulions will be allowed except as otherw¡se provided by law. The listing of more
than one subconlractor for sach item of Work to be performed with the words "and/or" will not be permitted. Failure to
comply with lhis requirement will render the Bid as non-responsive and may cause its rejection.
Contractor's
License
Work to be Pedormed Number Subconlractor's Name & Address
lJOÐe t'eï u t t* u(
2
7
I
FORM U.43f}
'10U4303!bt.$?d
AuÉ 200t
LIST OF SUBCONTRACTORS
BID FORMS. PAGE 4
NON.COLLUSION AFF¡DAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
State of California
County ú C( C.,J4 LT-
|).'...rnr, n t.<) Qh"tL -,being flrst duly sworn, deposes and says that he or she ls
P "e t, ,(n.ur of ¿k)¿r*.7,*,(,the party making the
foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; thatthe
Bidder has not directly or indirectly induced or solicited any olher Bidder to put in a false or sham Bid, and has
not direclly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a
sham Bid, or thal anyone shall refrain from bidding; that the Bidder has nol in any manner, directly or indireolly,
sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other
Bidder, or to fìx any overhead, profit. or cost element of the Bid price, or of that of any other Bidder, or lo
secure any advantage against the public body awarding the Contract of anyone interested in the proposed
Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or
lndirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, anyfee to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham
Bid.
¿'it|nJ.",T-r-
SS
t,
Bidder
By
Title
Organ
Address
-l)o,,ro.o L.; , Q Ho:,z >
Pvv s , r(;.^'l*
c Lttl ¡^l.r'_L-'(
C., Ã ¿"/'
5.,,l¿ 13o
r-6tb
Cn (n^' lr' ,'L '* 1l'3 7t:c ( A itu¡t t-)
FORM U.480
1 lU-4€ocol.wpd
Aug 2001
NON-COLLUSION AFFI DAVIT
BID FORMS - PAGE 5
The Bldder shall furnish the following information
non-responslve and may cause its rejection,
BIDDER'S GENER.AL IN FORMATION
Failure to complete all ltems will causo the Bid to be
1. BIDDERICONTRACTOR'SNameandStreetAddress
t' k)a*n , Ç:c,
I cl Jr,/
T (w' t e Cra 'l e¿;l ß
3ó
2, CONTRACTOR'S Telephone Number: 14+ I )>êt-Llsq1
E-mailaddress L
3.CONTRACIOR'S Certilication:
Name and Certificate Number (D-2) of Field Staff -
c
t1'b .D.7 Supatv
NameandcertificateNumber(D-2)of Fieldstaff - 0'rt¿'¿ i-¿tÍ+tu'¿ -'t'tt'/vg'þ**Hl+tte'(
¡!, t I (^: ùc.¿1-. ,L Ll ;¿ 4 b b - -Þ a
4. Type of Firm (lndividual, Partnership or Corporation):c,¡,
6. Corporation organized under the laws of the State of:Q-a lt '{. ns i ¿,-
7 . List lhe names and addresses of the principal members of the firm or names and titles of the principal
offìoers of the oorporation or firm:
.\,, lr*- lLt^.¿".'i'),u; Ê[-,t7
,tor)
Qro t i¿'y'û e ci /tør6
c12GrB(
FORM U.I2O
rt3U420lnfo.s'pd
NN 2001
BIDDER'S GENERAL INFORMATION
BID FORMS - PAGE 7
8.
9.
fBIDDER'S GENERAL INFORMATION (Continued)
Number of years experience as a contractor in this specific þe of work: I -?
List at least three related projects of comparable size and complexity completed to date:
1. owner ( *^!<-t Gtw'-<.Ç'h '.Ê Address t3ØaÀ N eullroæ- s{ Gmú.¿Gua-C¡ cì zê tt
Conlact L<s Q*tL.t-.¡, ¡ lcf Class of work nlu< 'l .l î GP5
Phone ('ir{)2 rl) -'>'3 {Contract amount
Project ( )
2,owner Ln Faoøn (t o f, Address
Contact
Phone Pb"tl clq-17,7A
Project ( .)
3.owner (rcll'l -¿frrk tun.lu-O
Contact ' Drw,it Ctt4,or*f Class of
Date completed lol tf
a.ôt E l"l-l iv L^ llnúrr,,
Classof work ln lv< t hvây;*'] mn-l' ¿Ji']t (45
Contract amount f 5o
Date oompleted
Address ¡ L lçt ';l--l ."*.,(n 4ot¡t
cu,{ ¿-%
I lctz,¿/ca
BIDDER'S GENERAL INFORMATION
BID FORMS - PAGE 8
clt
'¡Oê :
Phone d&j 1.,("A'o t?.e u tcd Contract amount { I
Project (_) _ Date completed :l (ê
10. List the name and title of the person who will supervise full-time the proposed work for your firm:
-J -D .tg J--6 7 &tr5
11. ls full-time supervisor an employee l- contract services
-?
12. A financial statement or other information and references sufficiently comprehensive to permit an
appraisal of your current financial condition may be required by the Engineer,
FORM U-120
x13U-,{20lnlo.wpd
Nov 2001
o.ão"\-/'CERTIFICATE O F LIAB ILITY INSURANCE
DAIÊ (MM/DD/YYYY)
1113012016
thetÊrmsandtow¡üvED,subjectISIfSUBROGATIONendotsed.beplov¡sions otINSUREDhaveADDfTlONALmustthepolicy(les)ls ADDITONAL INSURED,endorsement(s).holder lieu ofsuchholder¡ncertificatetf rhê certiñcateto theIMPORTANT;not confer rlghtscertiñcate doesthisAstatementonendofsement-rcqu¡re anpoliciscertainmayofthecond¡tions pollcy,
CONTACÍ
NAME:Michael Brandon
(A/c, No): 90S-794-81 93
FAX
(A/C, No, EXf):
PHONE
E.MAIL
ióonÈss, mbrandon@farmersagent'com
NAICf
INSURER(S) AFFORDING COVERAGE
PRODUCER
Michael Brandon, Farmers Agent
31629 Outer HighwâY 10 Ste A
Redlands CA 92373-75S0
INSURERA:Northfield lnsurance ComPanY XA
21652tNsuRERB: Farmers lnsurance
INSURERC: AIG INSUTANCE
INSURER D:
INSURER E:
INSURER F:
INSUREO
IRVINE cA 92618
IWATER INC.
12 GOODYEAR STE 130
REVISIONNUMBER:
CERTIFICATE NUMAER:
COVERAGES
NOfWITHSIAN9INGPERIODINDICATED.POLICYTHEFORNAMEABOVETHETOINSUREDISSUEDBEENHAVEBELOW BYTHELISTÊDINSURANCEINSURANCEATFORDEOPOUCITHEOFTHETHATMAYORPERTAIN,tsrFr TOts CERTIFY BEMAY ISSUEDtsTHCER-TIFICAfEWHICHRESPECT'ODOCUMENTWITHOR OTHERCONTRACI crAtMs.ANYot PAIDBYBEENHAVÊREDUCEDOR'TFRM CONDITION MAYLIMITSpoLrcrÊ5.SHOWNREQUIREMENIsucllOFÊxcLUsloNs AND CON0lTloNsALLTOTERMS,Tl-ìÊtssuBlECTHEREINDESCRIBEDPOLtCTÊS
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GEN'L AGGREGATE LIMIT APPTIÉS PÊR:
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1COMBINEDSINGLE LIMIT
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BoDtLY INJURY (Per persôn)
BODILY INJURYX
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AUTOMOBILE LIABILITY
ANY AUTO
OWNEDAUTOS
ONtY
HIREÞ AUTOS
ONtY
SCHEDULED
ALIIOS
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AUÍOS ONLY
B
EACH OCCURRENCE
4AGGREGATE
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111301201711t301201688u013791155
RËTENTION $
c
DED
OTHERPER
SIATUfE
E,L. EACH ACCIDEN-T
E.L, DISEASÉ - EA EMPLOYEE
E.L. DISEASË. POLICY LIMIT
N/A
WORKERS COMPENSATION
AND EMPLOYÊRS' I.IABIUfY
ANY PROPRIETOR,/ PARTNER,/
EXECUTIVE OFFICER/MEMBER
EXCLUOED? (Mandatory in NH)
lfyes, describe under DESCRIPTI0N OF
OPÊRATIONS below
Y/N
Additional lnsurance: Gity of San Juan Capistrano
my be åttached if more space is required)(AcoRD 1Ol, Additìonal Remarks Schedule'
DÊSCRIPTION OF OPERATIONS/LOCAIIONs/VEHICLES
CANCELT¡ÍION
CERTIFICATE HOLDER
ACORD 25 (2016/03)
31-r769 I 1-15
32400 Paôeo Adelanto
San Juan CaPishano, CA' 92675
SHOULDANY OFTHEABOVE DESCRIBED EXPIRATION
DATE THEREOF. NOIICE
O 1 9S8-20 1 5 ACORD CORPORATION' All Rights Reserved
The ACORD name and logo are registered marks of ACORD
THISENDoRSEMENTGHANGESTHEPoLIcY.PLEASEREADITGAREFULLY
BLANKET ADDITIONAL INSURED
This endorsement modifies insurancs provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGÉ PART
The following is added to SECTION ll -WHO lS AN INSURED:
Any person or organization that you have agreed ¡n a written contrect or agreement to ¡ncludê âs an âdditional insured
on th¡s Goverage part is an insuied, but only with r€sped to liabll¡ty for "bodity injury" or "propert¡r damage" that:
a- ls caus€d by ân "oc€urrenc€" lhat takes plâce after you hâve s¡gned end execuled thãt contract or agreemenl; and
b. ls caused, in whole or in part, by your acts or omissions in the performance of your ongo¡ng operations to which that
written contract Or agresment applies or thê acts ôr omissions of any person or organization performing such
operations on Your behalf.
Theinsuranceprovidedtosuchinsuredissubjecttothefollowingprovisions:
a. The limits of insurance provided to suoh ihsured will be the limits whioh you agreed to provide in the written contrÊct
or agreement, or the limits shown in the Declarations for this coverage Paft, whichever are less; and
b- This insurance ¡s exc€ss over any valid ând collectible olher ¡nsurance, whether primary' excess' contingent or on
any other basis, that is available to the insured for a loss wê cover under this endorsement' However' if the written
contract or agreement spec¡fically requires that this insurance apply on a primary basis or a primary and
non-contributory bas¡s, th¡s insurânce is primary to other însurãncê âva¡lable to the insured whlch covers that person
or organization as a named insured for such loss, ano we w¡ll not shar6 with that other insurance' But the insurance
provided to the insuråd by th¡s êndorsement stili is excess over any vâlid and collèct¡blê other ¡nsurânce' whether
primary. êxcêss, @nt¡ngent or on any otrrer basis, that is avallâble to the insured when that person or organization is
an additional insured under such other insurance-
Coverage under this prov¡s¡on does not apply to:
a, Any person or organizatiôn for which cÕverËrge as an additional ínsured speciñcally is scheduled by attachment of an
endorsement under th¡s Coverage Part. or roi whom you have purchased an owners And contractors Prolective
LiabilitY Policy;
b. Any person or organizatìon who distributes or sells "your producf' ¡n the regular course of that person's or
organization's business with respect to liability arising out of "your products,;
c. Any person or organization from whom you have acqu¡red "your produc{", or any ingredient' pârt or containêr
entering ¡nto, accompanying or contãining such product w¡th respeot to liability ar¡sing out of "your product";
d. Any premises ownêr, manager or tessor w¡th respect to l¡ability ãrising out of the ownership, maintenance' or use of
that part of any premises leassd to you;
e. Any equ¡pmênt lessor with respect to liability aris¡ng out of the maintenance, operation or use of equipment leased to
you þY such equipment lessor; or
f. Any architect, engineer or surveyor w¡th respect to liability for "bodily ¡njury" or "property damage" ar¡sing out of:
(f )The prepâring, approvlng or failing to prepare Ôr apÞrove maps, shop drawings, opinions' reports' surveys' field
orders or change ordêrs, or the preparing, approving, or failing to prepare or approve' drawings and
specifications; or
(2) Superv¡sory or ¡nspect¡on act¡vítie$ performed as part of any rêlated arohilectural or engineer¡ng activitiss-
s2a53-cG {12/08)
COVERAGES
CERTIFICATE HOLDER
CERTIFICATE OF LIAB¡LITY INSURANCE
REVISION
o 1988-2014 ACORD CORPORAT|ON. All rights reserved
The ACORD name and logo are registered marks of ACORD
DATÊ IMM/DD'YYYYI
o2t17t2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOBMATION ONLY AND CONFERS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR AL
8ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
NO RIGHTS UPON THE CERTIFIGATE HOIDEB, THIS
TER THE COVERAGE AFFORDED BY THE POTICIES
BETWEEN THE ISSUING INSURER(S), AUTHORTZED
IMPORTANT: lf ths cert¡ficãts
the terms and condhlons of the
cert¡f¡cata holder in lieu of such
holder ls an ADDITIONAL INSURED,the policy(iesl must bg endorsed tf UBRO GA TION ls WAIVED,subject topolicycsrtainpoliciesmayrequireanendorsement.A statement on this certíf¡cats does not confer r¡ghts to tho
PBODUCÉR
AP INTEGO INSURANCE GROUP LLC
333 W COMMERCIAL ST STE 25O
EAST ROCHESÏER, NY 14445
(866) 890-9965 INSURERIS} AFFOBDING COVERACÊ NAIC
'INSURER A I TßAVELÊR8 PROPERÍY CASUALTY COMPANY OF AMERTCA
INSUñED
IWATER, INC.
1 2 GOODYEAR
SUITE 130
lRVtNE,, CA 92618
INSUR€R B :
INSUR€R C:
INSUBEfl D ¡
INSURFR E:
INSUßER F I
THIS IS TO CERTIFY THAT THE POLICIÊS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVË FOR THE POLICY PERIODINDICATED, NOTWITHSTANDING ANY REOUIßEMENT, TEFM OR CONDITION OF ANY CONTRACT OB OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUFANCE AFFOBDED 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCËD BY PAID CLAIMS.
TYPÊ OF IñISURANCE
SUBR
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POLICY EFF EXP
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COMMÊRCIAL OÊNERAL ITABIUTY
OTHER:
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ANY AUTO
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AUfOS
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ÊACH OCCURRENCE IUMSRÊLLÀ LIAB
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OISEASË - ÊA EMPLOYEE $
A EMPLOYEßS' UABIUTY Yrt{TNHI
COMPEl{SATION il/A uB-1 E524932-1 6 o2t15t2016 02l't612017
E.L. DISEASE - POLICY LIMIT $ 1,O00,o00
DESCRIffiON OF (}PERATIONS , LOCATIONS / VElllCtES IACOBD 101, Add¡t¡onal Rsm¡rks $chedule, my bê sllåchod it moro sptce ¡s nquirod)
CITY OF SAN JUAN CAPISTRANO &
CAPIÏRANO VALLEY WATER DISTRICT
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 926?5
SHOULD ANY OF THE ABOVE DESCBIBED POLICIES BE CANCETLED EEFORETHE EXPIRATION DATE THEREOF, NOTICE WIII BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AurHoRrzEDBEPREsENrArrvE
Vaarr^f y . ø_*Þ-r-)
ACORD 25l2014t01l
TRAYETERiT
P.O. 8ox 1515
Spokane, WA 99210-1516
CITY OF SAN JUAN CAPISTRANO &
CAPITRANO VALLEY WATER DISTRICT
324OO PASËO ADELANTO
SAN JUAN CAPISTRANO, CA 92676
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