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HomeMy WebLinkAbout13 APPROVE PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL WATER WELL MAINTENANCE AND REPAIRS13 AGENDA REPORT Ree e eld m City Manager Finance Director MEETING DATE: NOVEMBER 2, 2010 TO: DAVID C. BIGGS, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL WATER WELL MAINTENANCE AND REPAIRS SUMMARY Proposals were requested and received from qualified firms to maintain and repair the City's well and pump assemblies on an as-needed, on-call basis. Based upon a review of the proposals, Professional Services Agreements with General Pump Company and Layne Christensen Company are now ready for approval. RECOMMENDATION It is recommended that the City Council approve Professional Services Agreements with General Pump Company, and Layne Christensen Company, in anot-to-exceed amount of $150,000 for each agreement, and authorize the Mayor and City Clerk to execute the Agreements on behalf of the City. FISCAL IMPACT Sufficient funds have been budgeted and appropriated in the current fiscal year 2010-2011 Public Works Department Operating Budget. BACKGROUND/DISCUSSION The availability and efficient operation of the City's thirteen (13) groundwater wells is essential to maintain the City's ability to meet the operational, emergency and fire flow requirements of the water service area. When any one well is off-line, the City must meet the ongoing water demand by purchasing more expensive imported water through East Orange County Water District at approximately twice the cost it takes to pump groundwater. These agreements will provide staff with the ability to quickly mobilize a contractor and begin required repair or maintenance services in less than 72 hours. The work covered under these agreements may include, but not be limited to: repair, removal, installation, rehabilitation, replacement of well pumps, motors, well columns, base plates, tube assembly, etc., and the furnishing of parts and labor as may be necessary to perform the individual work assignment. When maintenance and/or repair to a City well or pump is required, staff will initiate a task order to perform the work based upon the availability of the contractors and their price quotes for the particular work needed. The total annual cost of the tasks that may be assigned to each Contractor shall not exceed $150,000. Expenditures in excess of budgeted appropriations would require further City Council approval. PSA for Well Maintenance and Repairs November 2, 2010 Page 2 Proposals to perform these professional services were solicited from five (5) qualified firms and two (2) proposals were received. Based upon review of the proposals, familiarity and experience with the work required, and favorable references, it was determined that both firms were qualified to provide the professional services required to maintain and repair City wells. The term for each agreement is for a one (1) year period and may be extended for two (2) additional one (1) year terms at the sole discretion of the City. The City Attorney has reviewed the Agreements and has approved them as to form. C~~G'~i S. Stack, P.E. Dana R. Kasdan, P.E. of Public Works/City Engineer Engineering Services Manager Attachments: Professional Services Agreement with General Pump Company Professional Services Agreement with Layne Christensen Company S:\City Council Items\2010 Council Items\Approval of PSA -Well Maintenance and Repairs - jm.docx Professional Services Agreement General Pump Company PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this day of , 2010, by and between the CITY OF TUSTIN, a California general law city and municipal corporation, (hereinafter referred to as "City") and General Pump Company, a California corporation, (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties." RECITALS A. City has determined that there is a need to retain specialized services to provide annual maintenance and repair services for the City's Water Services Division's well and pump assemblies on an on-call, as-needed, time and material basis for a one year period (the "Project"). B. Consultant has submitted to City a written proposal, dated May 14, 2010, to provide the requested on-call services to City pursuant to the terms and conditions of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A," which is attached hereto and is incorporated herein by reference and any tasking order provided by the City (hereinafter referred to as the "Services" or "Work") on an on-call, as-needed basis. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services -and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) any specific written tasking order; (4) City's RFP for these services dated April 20, 2010 ("RFP") and (5) the Consultant's signed, original proposal dated May 14, 2010 submitted to City ("Consultant's Proposal"), which shall all be referred to collectively hereinafter as the "Contract Documents." The RFP is attached hereto as Exhibit "B" and the Consultant's Proposal is attached hereto as Exhibit "C" and both are hereby incorporated by reference. All provisions of the Scope of Services, City's tasking order and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency occur or exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1S`) the terms of this Agreement; (2"d) the provisions of the Scope of Services (Exhibit "A"); (3`d) the provisions of any written tasking order by the City; (4`h) the provisions of the City's RFP (Exhibit "B"); and (5`h) the provisions of the Consultant's Proposal (Exhibit "C"). 1.3 Comaliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated hereunder. 1.4 Licenses. Permits. Fees, and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which maybe imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and 2 shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as maybe caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered pursuant to this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached hereto as Exhibit "D" and is incorporated herein by reference, but not exceeding the maximum contract amount of one hundred fifty thousand and 00/100 dollars ($150,000.00) (hereinafter referred to as the "Maximum Contract Amount"). The method of compensation shall be as set forth in Exhibit "D." The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. 2.2. Method of Payment. In any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Tustin City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. vvU~~ ~. i 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon schedule of performance detailed in the specific tasking order issued by the City. 3.2 Schedule of Performance. Consultant shall not commence the Services pursuant to this Agreement until such a time as is receives a written tasking order from the City. Upon receipt of a written tasking order, Consultant shall proceed and shall perform all Services within the time period(s) established in the specific tasking order. 3.3 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect for one (1) year after the effective date of the Agreement. This Agreement may be extended for two (2) additional one (1) year terms at the sole discretion of the City, by the City providing notice to the Consultant of such extension thirty (30) days prior to the expiration of the current term. 3.4 On-Call Services. Consultant hereby agrees and acknowledges that any and all performance pursuant to this Agreement shall be on an "on-call" basis. Any tasking shall be initiated by the Contract Officer or his/her designee. Further, that execution of this Agreement by the City does not in any way guarantee that any tasking or request for on-call services will be issued to Consultant. Moreover, execution of this Agreement by the City shall not entitle Consultant to any form of payment or compensation from the City without City first having issued tasking or request for services from Consultant. 4. COORDINATION OF WORK 4.1 Reuresentative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: /~'~i(~.h,~~l ,~~~,-t 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4 4.3 Prohibition against Subcontracting or Assienments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required without prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner 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 Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City. 4.4 Independent Contractor. A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, ,discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venture or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. 5 C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Tvaes of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. Insurance required herein shall be provided by an authorized insurance company and having a minimum A.M. Best's Guide Rating of A, Class VII or better (if an admitted carrier), or A-, Class X or better if offered by a surplus line broker. The City will accept workers' compensation insurance rated B-, Class VII or better or from the State Compensation Fund. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his/her designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.. All insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. B. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written with a limit of at least One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, and broad form property damage, and One Million Dollars ($1,000,000.00) in products and completed operations aggregate. nb'>?t1. I 6 (1) The commercial general liability policy shall name the City of Tustin and its officials and employees as an additional insured. (2) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any liability claims made against Consultant, and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the commercial general liability insurer an endorsement providing that the required limits of the policy shall apply separately to occurrences during the rendition of services pursuant to this Agreement. C. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis in the amount of One Million Dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. (1) The automobile policy shall name the City of Tustin and its officials and employees as an additional insured. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self- insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 5.3.1. The commercial general and business automobile policies shall be endorsed to contain the following provision: "City and its officers, council members, officials, employees, agents, and volunteers, and any public agencies whose approval of the project is required, are additional insureds with respect to: liability arising out of acts or omissions of or on behalf of Consultant; products and completed operations of Consultant; premises owned occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. " The coverage shall contain no special limitations on the scope of protection afforded to additional insureds. Additional insured endorsements are not required for the professional liability and workers' compensation policies. 5.3.2 For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, 7 employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, council members, officials, employees, agents, and volunteers, and their respective insurers. 5.3.3 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.4 Each insurance policy required by this section shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified by either Party, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing in this subsection, if coverage is to be suspended, voided, or cancelled because of Consultant's failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice. 5.3.5 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.6 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein e. ( g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.7 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 5.3.8 Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and ~,nU~3~. i g assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 5.3.9 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. 5.3.10 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. 5.3.11 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.12 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. 5.3.13 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.14 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant maybe held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 669'3?. I 9 5.4 Verification of Covera a Consultant shall furnish City certificates of insurance and original endorsements, including additional insured endorsements, in a form acceptable to the City, affecting all of the coverages required by this section. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Consultant shall provide to City all certificates and endorsements required by this section before commencing any work on the Project. 6• INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its officers, council members, officials, employees, agents and volunteers and all other public agencies whose approval of the Project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders, and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness, or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless, or willful performance of or failure to perform any term, provision, covenant, or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness, or willful misconduct of the City, its officers, council members, officials, employees, or agents. Consultant shall reimburse the Indemnified Parties for any reasonable expenditure, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims" shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties. In the event a final judgment, arbitration award, order, settlement, or other final resolution expressly determines that Claims did not arise out of, pertain to, nor relate to the negligence, recklessness, or willful misconduct of Consultant to any extent, then City shall reimburse Consultant for the reasonable costs of defending the Indemnified Parties against such Claims, except City shall not reimburse Consultant for attorneys' fees, expert fees, litigation costs, and expenses that were incurred defending Consultant or any parties other than Indemnified Parties against such Claims. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 6673'_. ~ 10 7• REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Re orts. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. ~ Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownershia of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Gnv733J 11 7.5 Audit and Insaection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties. during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 [nteraretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A- Consultant's failure to comply with any provision of this Agreement shall constitute a default. e~4~~ ~. i 12 B. If the City Manager, or his/her designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 13 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of Citv Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his/her financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10 Performance Bond Consultant shall prior to the start of work and services pursuant to a tasking order under this Agreement, submit to the City for its acceptance and approval a Faithful Performance Bond in the same format as set forth in Exhibit "E" entitled "Faithful Performance Bond," a copy of which is attached hereto and incorporated herein by reference. The Faithful Performance Bond shall be issued from an admitted surety in the State of California. The bond shall be in the amount of 100% of the estimated value of the work associated with the tasking order issued to Consultant by City. Prior to approval of the bond, the City shall verify that the surety is an admitted surety in the State of California. If requested by the City, the Consultant shall provide other information specified in the Code of Civil Procedure Section995.660 to enable City to verify the sufficiency of the bond. Should the bond become insufficient, the Consultant shall convect the insufficiency within ten (10) calendar days after receiving notice from the City. The Consultant shall provide the City evidence of said correction within ten (10) calendar of said correction. Should any surety at any time be unsatisfactory to the City, written notice will be given to the Consultant to that effect. No further payments shall be deemed due or will be made under the Agreement until the Consultant submits ac acceptable bond from a surety or sureties accepted by the City. Changes in the work or extensions of time made pursuant to the Agreement shall in no way release the Consultant or the surety from its obligations. Notice of such changes or extensions shall be waived by the surety. >~~U,3~ ~ 14 10.1 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confinmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: Douglas S. Stack, Director of Public Works/City Engineer City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3150 (Phone) To Consultant: Michael Bodart General Pump Company, Inc. 159 N. Acacia Street San Dimas, CA 91773 805.482.1215 (Phone) 10.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.3 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. ehy~3z.i 15 10.4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.5 Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto. 10.6 Recitals, The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agree that such Party is bound, for purposes of this Agreement, by the same. 10.7 Corporate Authorit,~. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is dul authorized and existin ii he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 10.8 Prevailing Wages Notice is hereby given that in accordance with 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"), the Consultant is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality. in which the work or services pursuant to this Agreement are performed and not less than the general prevailing wage rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of the State prevailing wage rates and the latest revisions thereto are available on the Internet at www.dir.cat,ov_. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). ~~r;~i~3~.~ 16 IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above. "CITY" CITY OF TUSTIN a California general law city and municipal corporation Jerry Amante Mayor ATTEST: (SEAL) Pamela Stoker City Clerk APPROVED AS FORM: ~- oug Hollan City Attorney "CONSULTANT" General Pump Com an Midhael Bodart Director of Engineering 6G973?. I 17 EXHIBIT A -SCOPE OF SERVICES e~>~»i~ i EXHIBIT A Scope of Work This project is to provide Annual Maintenance and Repair Services for the City of Tustin Water Services Division's (City) well and pump assemblies, on an on-call, as-needed, time-and-material basis for a period of one year. The City's intent is to enter into contract with multiple Firms for the provision of these services on an as-needed basis. The contractor shall be licensed (C-57) Well Drilling Contractor in the state of California. The City expects that the total contract value of the one-or-two Purchase Orders to be issued will be less than $150,000 for the year. These contract(s) may be renewed for two (2) additional one-year options should the parties mutually agree. Any and all performance pursuant to these contracts shall be on an "on-call" or "as-needed" basis. Any tasking shall be initiated solely by the City. Further, execution of a contract by the City does not in any way guarantee that any tasking or request for on-call services will be issued to any party. Moreover, execution of a contract by the City shall not entitle the other party to any form of payment or compensation from the City without first having issued tasking or request for services from the contractor. Through this Maintenance Services Contract, the City wishes to have the Well Contractor mobilize in less than 72 hours and perform work as requested by the City. Some services may include, but are not limited to, repair, removal, installation, rehabilitation, replacement of well pumps, motors, well columns, base plates, tube assembly, etc., and the furnishing of parts and labor in conjunction with such work. For calculating the hours for payment, it is the intent of the City to pay for the hours spent on the project, therefore any commuting time to and from the Project Site shall not be included. The markup for any material purchased from or repaired by a third party shall be as specified in the billing schedule. No other compensation will be allowed therefor. All work and general conditions shall be performed in accordance with the current Standard Specifications for Public Works Construction (the Green Book), Cal-OSHA and shall follow City's NPDES permit requirements (copy of which is available on request). EXHIBIT B -CITY'S REQUEST FOR PROPOSAL r>U~~ ~. i 19 TUSTIN i•I,i:Y 1311111)INC OlIR Ft1TI1RF IIUNUKING l)UK I'ASf CITY OF TUSTIN 300 Centennial Way Tustin, California 92780 REQUEST FOR PROPOSALS for As-Needed Services for Well Maintenance and Repairs A ril 20 I O PROPOSAL SUBMITTALS: Responses to the Request for Proposal (RFP) are to be submitted to: Mr. Dana R. Kasdan, P.E. Engineering Service Manager Public Works Department City of Tustin 300 Centennial Way Tustin, California 92780 no later than 4:00 P. M. on May 17, 2010. Five (5) copies of the proposal shall be submitted in a sealed envelope and marked: "Proposal for Well Maintenance and Repair Services for City of Tustin Water Services." Proposals received after the specified time will not be accepted and will be returned unopened. Fees shall be provided in a separate sealed envelope. Questions regarding this request will be limited to written form and shall be submitted no later than 14 calendar days prior to the deadline for proposal submission. Verbal inquiries will not be accepted. Questions shall be directed to Mr. Dana Kasdan. INDEX i. Project Description 2 n. Schedule of Events 2 iii. Scope of Work 2 iv. Proposal Requirements 3 v. General Requirements 5 vi. Evaluation & Selection Process 6 vii. Administration Specifications ~ ATTACHMENTS CITY OF TUSTIN Well Maintenance and Repairrs - RFP April 2010 Page 2 PROJECT DESCRIPTION This project is to provide Annual Maintenance and Repair Services for the City of Tustin Water Services Division's (City) well and pump assemblies, on an on-call, as-needed, time-and- material basis for a period of one year. The City's intent is to enter into contract with one to two Firms for the provision of these services on an as-needed basis. The contractor shall be licensed (C-57) Well Drilling Contractor in the state of California. The City expects that the total contract value of the one-or-two Purchase Orders to be issued will be less than $150,000 for the year. These contract(s) may be renewed for two (2) additional one-year options should the parties mutually agree. Any and all performance pursuant to these contracts shall be on an "on-call" or "as-needed" basis. Any tasking shall be initiated solely by the City. Further, execution of a contract by the City does not in any way guarantee that any tasking or request for on-call services will be issued to any party. Moreover, execution of a contract by the City shall not entitle the other party to any form of payment or compensation from the City without first having issued tasking or request for services from the contractor. SCHEDULE OF EVENTS 4/20/ 10 Issuance of Request for Proposals 5/3/ 10 Deadline for Written Questions. 5/17/10 Proposals Due at Tustin City Hall by 4:00 P.M. 6/15/10 City Council Approval of Contract (est. date) 6/16/10 Issuance of Notice-to-Proceed (est. date) III. SCOPE OF WORK Although the City is attempting to identify the limits and services required, this should not unnecessarily limit the firm in the development of a scope it believes is necessary to meet the City's goals and objectives: Through this Maintenance Services Contract, the City wishes to have the Well Contractor (with C-57 license) (Firm) mobilize in less than 72 hours and perform work as requested by the City. Some services may include, but are not limited to, repair, removal, installation, rehabilitation, replacement of well pumps, motors, well columns, base plates, lube assembly, etc., and the furnishing of parts and labor in conjunction with such work. All work and general conditions shall be performed in accordance with the current Standard Specifications for Public Works Construction (the Green Book) and the City's Standard Drawings. CITY OF TUSTIN Well Maintenance and Repair -RFP April 2010 Page 3 IV. PROPOSAL REQUIREMENTS Although the City requires no specific format, this section is intended to provide guidelines to the firm regarding features that the City will look for and expect to be included in the proposal. 1. Content >~ Format The City requests that proposals submitted be organized and presented in a neat and logical format and are relevant to these services. Firm's proposals shall be clear, accurate, and comprehensive. Excessive or irrelevant material will not be favorably received. Proposals shall contain no more than 10 typed pages using a 10 point minimum font size, including transmittal/offer letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, and graphic exhibits. The purpose of these restrictions is to minimize the costs of proposal preparation and to ensure that the response to the RFP is fully relevant to the project. The proposal should include the following: • Transmittal/offer letter. • Page numbering. • Index/Table of Contents. • Statement of Qualifications including descriptions of similar projects by key staff to be assigned during the term of the contract. • Brief resumes of key staff. • A list of rigs, equipment, etc., owned by your Firm and their availability to do this work • Completion of the cost and billing schedules of current hourly billing rates for each of the specialized skill, material, and support service, (please see Attachment "B"). 2. Team Organization The purpose of this section is to describe the organization of the project team including subcontractor and key staff. A project manager shall be named who shall be the prime contact and be responsible for coordinating all activities with the City. An organization diagram shall be submitted showing all key team members and illustrating the relationship between the City, the project manager, key staff, and subcontractor. There also should be a brief description of the role and responsibilities of all key staff and subcontractor identified in the team organization. CITY OF TUSTIN Well Maintenance and Repars - RFP April 2010 Page 4 3. Statement of Qualifications The information provided in this section should describe the qualifications of the firm and key staff in performing projects within the past five years that are similar in scope and size to demonstrate competence to perform these services. The projects listed should be those that the key staff named for this project were responsible for performing. Information shall include: • Names of key staff that participated on named projects and their specific responsibilities. • The client's name, contact person, addresses, and telephone numbers. • A brief description of type and extent of services provided. • Completion dates (estimated, if not yet completed). • Total costs of the projects. • The Firm shall maintain an office staffed with qualified technical and field personnel. • The Firm shall maintain competent and experienced service personnel to service the well and pump assemblies. • The Firm shall provide a list of rigs, equipment, etc., owned by the Firm and available to do this work. There should be included in the section brief resumes of key personnel who will provide these services demonstrating their qualifications and experience. Resumes should highlight education, relevant experience, licenses, and specific responsibilities for services described. 4. Fee Proposal All Firms shall provide complete cost and billing schedules of current hourly billing rates for each of the specialized skill, material, and support services in Attachment ~~B„ A work program together with a breakdown of labor hours by employee billing classification together with the cost of non-labor and sub-contractor services shall be included with the fee proposal. The labor breakdown shall be compiled based upon a listing of work tasks that correlates with the firm's defined scope of work for the project proposal. This information will be used by the City staff to evaluate the reasonableness of the fee proposal and may be used in negotiating the final fee amounts for the contract agreement. The firms will be ranked and the City shall select the one or two top ranked firms, at the sole discretion of the City, and enter into contracts for the on-call, as-needed services described above. CITY OF TUSTIN Well Maintenance and Repa'rs - RFP April 2010 Page 5 The City will negotiate the final fee with the top ranked firm(s). Reimbursable expenses shall not be allowed unless negotiated prior to a contract. Price escalations during the contract term are disfavored and will not be allowed unless negotiated prior to execution of contract. The firm shall prepare progress billings, reflective of the project schedule and the scope of work completed, by line item and description. 5. Statement of Offer 8~ Signature The Proposal shall contain a statement that the proposals are a firm offer fora 90- day period and signed by an individual authorized to act on behalf of the firm. 6. Prevailing Wages Notice is hereby given that in accordance with 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"), the Firm is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work or services pursuant to this Agreement are preformed and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of the State prevailing wage rates and the latest revisions thereto are available on the Internet at www.dir.ca. ov. Firm shall fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). V. GENERAL REQUIREMENTS . Insurance Requirements The firm shall furnish with the proposal proof of the following minimum insurance coverage. These minimum levels of coverage are required to be maintained for the duration of the project: A. Commercial General Liability - One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, and broad form property damage, and One Million Dollars ($1,000,000.00) in products and completed operations aggregate. CITY OF TUSTIN Well Maintenance and Repair -RFP April 2010 Page 6 8. Automobile LiabilifvCoverage -One Million Dollars ($1,000,000.00) for bodily injury and property damage. C. Worker's Compensation Coverage -State statutory limits. Deductibles, Self-Insurance Retentions, or Similar Forms of Coverage Limitations or Modifications, must be declared to and approved by the City of Tustin. The firm is encouraged to contact its insurance carriers during the proposal stage to ensure that the insurance requirements can be met if selected for negotiation of a contract agreement. The Citv shall be named as Additional Insured and no policy may be modified or cancelled prior to thirty (30) days written notice Certificates of insurance and insurer endorsements evidencing the required insurance shall be provided. 2. Standard Form of Agreement The firm will enter into an agreement with the City based upon the contents of the RFP and the firm's proposal. The City's standard form of agreement is included as Attachment A. The firm shall carefully review the agreement, and include with the proposal a description of any exceptions requested to the standard contract. If there are no exceptions, a statement to that effect shall be included in the proposal. 3. Disclaimer This RFP does not commit the City to award a contract, or to pay any costs incurred in the preparation of the proposal. The City reserves the right to extend the due date for the proposal, to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified firm, or to cancel this RFP in part or in its entirety. The City may require the selected firm to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from negotiations. 4. Assigned Representatives The City will assign a responsible representative to administer the contract, and to assist the firm in obtaining information. The firm also shalt assign a responsible representative (project manager) and an alternate, who shall be identified in the proposal. The firm's representative will remain in responsible charge of the firm's duties from the notice-to-proceed through project completion. . CITY OF TUSTIN Well Maintenance and Repairs -RFP Apn12010 Page 7 5. City Business license A City Business License will be required of the firm and any subcontractors for services under this agreement. VI. EVALUATION 8 SELECTION PROCESS The City's evaluation and selection process is based upon Qualifications Based Selection (QBS) for professional services. In general, the evaluation of Proposals and the selection of Firm(s) will be based upon the following: * Capability to perform necessary tasks and solve problems, warranty, and safety records and timeliness of repairs. * Maintain a full service shop with all necessary field and machine shop equipment required for well rehabilitation and treatment projects. * Qualifications and relative involvement of Firm's key personnel proposed for assignment to the project. * Rationality of Firm's fee schedule. Record of success by Firm on similar projects previously performed for City and/or other public agencies. The following criteria will be used in evaluating the proposals using a point value system (100 points) based upon the weighting indicated below: 1. Qualifications and experience of the project manager and other key individuals. (25 points) 2. Capability to perform necessary tasks and solve problems, warranty, and safety records and timeliness of repairs (25 points) 3. Results of reference checks. (15 points) Reference checks will only be conducted for a short list of firms or the top rated firm. 4. Clarity of proposal. (15 points) 5. Rationality of firm's fee schedule. (10 points) 6. Compliance with proposal requirements including the 10 page limitation. (10 points) City staff will rank the responsive firms and City staff will negotiate a contract with one or two top ranked firms, at the sole discretion of the City. Should City staff be unable to negotiate a satisfactory contract with one or more of those Firms, the City staff will terminate negotiations and may continue the negotiation process with the next most qualified Firm in order of their evaluation ranking until an agreement is reached with the number of firms desired by the City. Please refrain from making any verbal inquires or requests for a formal debriefing related to the subject RFP until the City of Tustin completes the ongoing contract process. CITY OF TUSTIN Well Maintenance and Repairs - RFP April 2010 Page 8 VII. ADMINISTRATION SPECIFICATIONS A. The City of Tustin's Rights to Proposals All proposals, upon submission to the City of Tustin shall become its property for use as deemed appropriate. By submitting a proposal, the offer covenants not to make any claim for or have any right to damages because of any misinterpretation or misunderstanding of the specification, or because of any misinformation or lack of information. The City of Tustin has the following prerogatives with regard to proposals submitted: - to accept or reject any or all proposals; - to correct any arithmetic errors in any or all proposals submitted; - to utilize any or all the ideas from proposals submitted; - to change the proposal's due date upon appropriate notification; - to adopt any or all of an offeror's proposal; and - to negotiate modifications to the scope and fee with selected offeror prior to contract award. ATTACHMENTS Attachment A -- Sample Professional Services Agreement Attachment B --- Billing Schedule and Hourly Rates Attachment C --- List of City Facilities EXHIBIT C -CONSULTANT'S PROPOSAL enU'13 ~. I 20 ~~~ 159 N. ACACIA STREET SAN DIMAS, CA 91773 PHONE: (909) 599-9606 FAX: (909) 599-6238 WELL & PUMP SERVICE SINCE 1952 Lic. #496765 Index/Table of Content Section page I. TransmittaUOffer & Signature 1 II. Statement of Qualifications 2-6 III. Brief Resumes of Key Staff ~_9 IV. Billing Schedule & Hourly Rates 10 D ~ ~, 1 159 N. ACACIA STREET SAN DIMAS, CA 91773 PHONE: (909) 599-9606 FAX: (909) 599-6238 918 Mission Rock Road; SANTA PAULA, CA 93060 PHONE: (805) 482-1215 WELL & PUMP SERVICE SINCE 1952 Lic. #496765 City of Tustin May 14, 2010 Department of Public Works 300 Centennial Way Tustin, California 92780 Attn: Dana R Kasdan, P.E., Engineering Services Manager Statement of Qual~jircations: General Pump Company, Inc. is pleased to present this Statement of Quaycations to the City of Tustin (City), to provide maintenance, rehabilitation, and treatment services for your existing water wells, on an as- needed basis. Based on General Pump Company's experience working with water utilities and purveyors in California, we understand how important it is to have the ability to effectively evaluate and implement appropriate well and pump redevelopment work. This ability to accurately develop cost-effective production and well and pump maintenance, rehabilitation and treatment options, and to execute those projects, is paramount to the success of the one (1) year contract, and to the operation of the water system. Statement of o, fj`er $ signatr~re: Attached is the "billing schedule and hourly rates". These rates are discounted from our standard published rate sheet. Our rate sheet does not include all of our capabilities. To better understand General Pump Company's full capabilities we recommend a tour of our main oilice in San Dimas. One key to our success in Southern California has been our Engineering and Hydrogeology support Team. The City of Tustin, along with most Cities in Southern California, has worked closely with our professional staff to resolve their water issues. Our Engineering and Hydrogeology support is included in our published rates and therefore the City will not see any additional costs. "The attached rates are a firm offer for a 90 day period°', The City of Tustin and General Pump Company, Inc., have a long history of working together to repair and maintain your water pumping systems. We hope that the city values our Engineering, quality of workmanship, and most of all our mutual trust which we have shared over the past years. Sincerely, GENERAL PUMP COMPANY, INC. -~~~~~ Michael Bodart Director of Engineer ( v+tr<. 2 !V~ ~O!l~~I! STATEMENT OF QUALIFICATIONS cAP~II.rrlEs General Pump Company, Inc. is a Professional Well Redevelopment and Pump Equipment contractor located in San Dimas and Santa Paula, California. The Engineering staff, field support and service crews, and office support staff are 100% dedicated to well evaluation and rehabilitation, and pump equipment evaluation and services. The technical staff at General Pump Company, Inc. has worked in almost every aspect of the well and PAP industries. This diverse experience provided us with unique qualifications to serve our customers and provide them with solution-oriented approaches to get their system back into operation. Our engineers and Hydrogeologist have all worked in the drilling and design segment of the water, and/or oil and gas industries, and many of our shop and support technicians have worked for major pump manufactures. General Pump Company, Inc. employs only experienced Engineers, Hydrogeologist and Technical Field Personnel that can offer Customers assistance in the following areas: • Assess Well Yields to Minimize Operating and Maintenance Costs • Determine the Efficiency of Production and ASR Wells and Pumps • Engineered Pump and Well Equipment • Pump Facility Design and Construction • Booster Facility Design and Construction • Pipeline Design and Construction • Appropriate Mechanical and Chemical Redevelopment • Periodic Monitor and Maintenance Programs • Water Quality and Production Solutions • Well System Optimization • Engineered Pump Suctions • Pump and Motor Repair • Custom Pump Design and Machining • Electrical, SCADA and Transducer Support • Casing Repair and Swedging • Video and Geophysical Logging Support ~~ 3 General Pump Company, Inc., an Engineering Service Company, is dedicated to supporting the ongoing needs of the Water Industry, and committed to providing: • Solution-oriented engineering using problem-solving techniques by degreed Engineers and Registered Geologists with diverse well system and groundwater experience, and pump application engineers from major pump manufacturing companies. • Full-time machine shop, staffed with experienced personnel capable of building and repairing standard and custom pump equipment and specialty products. • Self-contained chemical trailers to include safety support and operational controls. • Trained and certified operators for periodic monitoring and maintenance programs. • In-housetraining facility and training programs for customers and our own personnel. • Strong project and construction management for any size project. • Instant communications with cellular radiophones for all staff, engineering, technical, field and shop personnel, resulting in better services at a reduced risk and overall cost. • Modern, safe and reliable equipment with the O ly Telescoping Well Rigs in the industry capable of effective redevelopment of wells in pump houses; and, SAFETY Safety is paramount when men and equipment are involved A good safety record is important along with adequate insurance and bonding. General Damp Company, Inc. has the best safety record in Southern California for the water well and pump rehabilitation business. Over the past seven years, General Pump Company, Inc. has had minimal loss of time for work related injuries ANNUAL CONTRACTS Award of an Annual Contract is a great honor and to have an Annual Contract renewed year aftex year is the greatest complement to a service company. It proves that the contractor has met or exceeded the customers' set goals and expectations. General Pomp Company, Inc. has been selected by 38 cities in Southern California to maintain their well and pumping systems. Additionally, General Pump Company, Inc. is the primary contractor or sole-source contractor for 8 private utilities and water districts. Most of these are either multi-year contracts having been renewed several times over. ~~r ~~ ~~T MACHINE SHOP CAPABILITIES 4 General Pump Company, Inc, is the only well and pump Service Company in Southern California that builds 100% of our bowl assemblies. This level of expertise, along with our in-house machines, allows us to supply or repair with a greater level of knowledge that your pump equipment will be reliable and efficient. Our repair and fabrication facility maintains the most complete line of lathes, welding and associated machining tools. General Pnmp Company, Inc. has an expansive repair and fabrication facility. This facility has proven to be invaluable over our 50 years of business, since many pump and motor repairs require a strong interface between machining, welding and electrical support in order to be completed. We have three major groups within our repair and fabrication facility that allow us to serve your needs in a variety of ways: Fabrication and Machining: Including lathes, milling machines, grinders, balancing machines, flame welding, gas and electric welding, heli-arc, etc. We perform welding on steel, aluminum, brass, cast iron, resurfacing, and custom work. We repair all types of pumps by all manufacturers in our facility up to approximately 24-inch impeller diameter for single and multi-stage Horizontal Pumps and 30-inch diameter for Vertical Turbine Pumps. Assembly: 100% of our bowl assemblies are assembled at our facility. Assembly of pumps assures the highest quality product, with the assurance that it is built correctly and will meet the design criteria specified General Pump Company uses the highest quality parts in each pump to include, but not limited to, stainless steel bolting, pump shaft quality (PSQ) bowl and head shaft shafts, SKF bearings, etc. Field Services: This service has helped us establish ourselves as well and pump problem solvers since many operational problems can be traced to poor installation practices. Having the proper diagnostic equipment and knowing how to use it distinguishes us as "The Leader in Well and Pump Services". Precision Alignment -We've invested in the latest Precision Alignment technology and have established a growing list of customers who use us for these services. Removal Installation. Mechanical and Startan - We perform field-testing, removal, installation and machining services to offer a turnkey pump service. ( L. 11i~ ~!~! General Pump Company, Inc. can provide you with high quality workmanship to meet your water supply needs. Our highly skilled employees can also perform repairs on many types of well and booster pumps. Puma Repair Booster End Suction Horizontal Split Case Vertical Turbine Right-Angle Drives Impeller Reboil Q Balancing Trimmed Eyes and Flanges Mechanical Seals Re-Machine Seat High Pressure High Temperature EQUIPMENT AND FIELD SERVICE Machine Shop Shaft Manufactured Sleeves Made Pumps and Motors Precision Straightening Electrical Motors Bronze Mild Steel Stainless Steel Threads and Tapping Electric Motors New and Overhauled Rewound Balanced Custom Bases Shaft Repaired Upgrades General Pump Company, Inc. maintains a full service machine shop, clean and safe rigs and cranes are a minimum requirement for reliability, quality workmanship and safety. Specialized equipment for chemical treatments is also important. General Pump Company, Inc. has several trucks fully loaded with essential equipment to handle many urgent repairs in the field. Our well and pump service crews are always ready and willing to assist your Water Utility with making a repair to keep your well and booster facilities running. Just let us know and we will be on the way, ready to provide you with the highest quality service available. General Pump Company, Inc, has the newest fleet of rigs and equipment in Southern California. Below are the benefits to our customers. • Reliable work - In water emergencies, it is important that this large equipment is ready to respond without breakdowns. Safety -Our new equipment is not likely to malfunction resulting in major damage or possible injuries. • The most up-to-date equipment to assemble the Customers' pumps. 6 General Pump Company, Inc. has the only telescoping pump rigs in Southern California. Our newest purchase is our 2003 Grove 40-ton crane. We now have the lazgest crane in operation as compazed to other Southern California companies that attempt to provide the same General Pump Company, Inc. Services. This crane allows us to better service the Customer in some of the more difficult access sites. General Pump Company, Inc. has chemical treatment equipment with fully operational safety equipment that includes eyewash and shower, along with other special redevelopment tools, which allow General Pump Company, Inc. to perform the most cost-effective cleaning to your wells. PROFESSIONAL REFERENCES Because of General Pamp Company's long history in Southern California (over 50 years), we have selected Six (6) cities as references of similar annual maintenance projects to reference. As we described above in our Proposal, General Pump Company, Inc, has been selected by 45 cities in Southern California to maintain their well and pumping systems. Upon your request, we can submit additional cities or additional information on other annual contracts. City of O~ario -Tom O'Neill 909-395-2676 Annual Contract 2002 -Present City of Azusa -Steve Seffer 626-334-0414 Annual Contract 1996 -Present City of Arcadia -Craig Clazk 626-256-6583 Annual Contract 2003 -Present City of Westminster -Scott Miller 714-895-2876 Annual Contract 1995 -Present City of Santa Monica -Gary Richinick 310 826-6712 Annual Contract 1979 -Present City of Glendora -Steve Patton 626-914-8249 Annual Contract 2002 -Present Please let us know if you world like contacting names and phoning numbers for other General Pump Company, Inc. customers or annual contract holders. We can also supply you with a list of Engineering Companies that we consult with and who regularly contract direct with General Pump Company, Inc. 7 WILLIAM M. TWEED Academic Background Mechanical Engineering; Dean's Honor List (1983) -University of Dayton Post Graduate Courses, Business and Law -Wayne State University Post Graduate Courses, Business -Cal State Fullerton Professional Experience General Pump Company, Inc. President and CEO Johnston Famp Company, Glendora, California Director of Marketing, Parts & Service 1974 -1980 Instrumental in increasing the divisions from 7 facilities to 13; and increasing sales from $11 million to $18 million Established a Regional Manager Network Developed an International Sales Force and a Service Facility in Singapore. Established a Nuclear Repair Facility in Tennessee Other positions held during this period include: General Manager of Canadian Operations National Manager of Parts and Service District Manager, Mobile Service Center West Coast Sales Manager Parts 8t Service Sales Engineer Studebaker Worthington Corporatioq Detroit - L.A. District Engineer 1970 - 1974 Was responsible for the industrial service pumps, compressors and engines. Was responsible for sales, assigning, coordinating and solving problems of field service personnel. Mosser Constructioq Cleveland, Ohio Project Engineer 1968 - 1970 Scheduled and laid out construction projects. Professional Publications Groundwater & Wells, Third Edition, Johnson Screens, 2007 -Contributing Author MICHAEL G. BODART v Academic Background Bachelor of Science in Civil Engineering (1983) University of Missouri Post Graduate C.E. Courses in Geohydrology, University of Southern California Certifications 1999-Byron Jackson Training Certificate 1998-Grade 1 & 2 Distribution and Treatment Certificates 1998-Engineering "A" License 1995-Dale Carnegie Course 1995-Mackay Pump Rehabilitation Certificate 1992-Golden State Pump Technical Training Certificate 1990-Completed Graduate C.E. Courses in Geohydrology at U.S.C. 1986-Layne & Bowler Pump School Certification 1986-Baroid 1-week Drilling Fluid Technology Course Certification 1985-National Water Works Correspondence Course Certification Professional Experience General Pump Company, Inc. Director of Engineering 1993 -Present Layne Western Regional Engineering and Sales Manager (4 offices) 1985 -1993 Federal Highway Administration Civil Engineer 1983 - 1985 Professional Presentations Michael G. Bodart (Mike Bodart) is recognized as an expert in the field of pump engineering and well rehabilitation for over 25 years in southern California. He has been invited to speak for numerous professional water related associations and conventions. Has been speaking professionally for more than 20 years and has presented in nationally known associations such as AWWA, Tri-State, Southern California Water Utility Association, Inland Water Works Association, Groundwater Resources Association and Central Coast Water Association. Mike was part of asix-person panel at Application Engineer/Inside Sales Kansas City in 1992 to assist in training nationwide engineers in the water well pump business. Professional Publications Grour-dw+ater & Wells, Third Edition, Johnson Screens, 2007 -Technical Reviewer 9 GEOFFREY A. BATES, P.G. Academic Background Bachelor of Science, Geological Science (1993), University of California, Santa Barbara Graduate classes in Hydrogeology, California State University, Los Angeles Registered Geologist, State of California, License Number 7165 Professional Experience General Pump Company, Inc. Project Manager/Hydrogeobgist 2002 -Present Well Surveying Corporation Director of Logging and Well Services 1999-2001 Dames & Moore Consulting Project Hydrogeobgist 1996 - 1999 Southern California Water Company Company Hydrogeobgist 1993 - 1996 Professbnal Afililiations Tri-State Seminar -Groundwater Chairperson (1998 - 2008) American Water Works Association - (1996 -Present) Central Coast Water Utility Association -Vice President (2000 - 2002) Groundwater Resources Association -Central Coast Vice-President (19941996) National Groundwater Association, Member (1997 -Present) Professional Publicstbns Emergency Planning Guidance Document for Public and Private Water Utilities, California Office of Emergency Services and American Water Works association, March 1999. Groundwater Manual of Water Supply Practices M-11, American Water Works Association, 2003 -Contributing Author. Groundwater & Wells, Third Edition, Johnson Screens, 2007 -Technical Reviewer Presentations Over 50 presentations at professional organizations that include: AWWACai-Nevada Section, Tri-State Seminars, and Groundwater Resources Association. Presentation topics include: Well Field Design and Development PC-Based Well Evaluation and Management Program Geophysical logging and Interpretation Records Keeping and Well Rehabilitation Chlorine Dioxide as an E, fj~ective Oxidizing Agent in Well Rehabilitation Well Maintenance and Rehabilitation Developing Well Records for an Appropriate Well Monitoring and Maintenance Program Well Evaluation and Planning - A Physical Review Plump and Motor Evaluation and Planning (INSERT NAME OF FIRM] BIWNG SCHEDULESAND HOURLY RATES APPLICABLE HOURLY RATES -WEEKDAYS a. General Pump Pulling and Installation Mobilization & Demobilization $ L Two (2) men, rig. end service truck $ S / Each add111anal employee hr $ /hr b. Well Rehabilitation Mobilization & Den-obHization $ L Aqua Clear PFD Method (Estimated Houre:_~y Two (2) men comb. Rtg service truck/Chemk;al 1raN S er Bore Blast Method (Estimated Hours: ~ $ mr ~ Two (2) men comb. RIg servke truck/Bore blast Uailer/Nitrogen gas $ mr c. Well Repair Well Tear Down & Inspection Two (2) men comb. Rig service truck $ Rebuild Bowl (Estimated Hours: ~ >hr _ $ /ftr d. Weil geanout Work Cable tod method {wire brush) Two (2) men comb. RIg service irudt $ /hr Airlift Method Two (2) men. rig and service truck $ /hr Alr compressor charge $ lhr e. Crane: 40-ton with two (2) men $ /hr f. Rotary Crane One (1) man and hydraulic crane - 5-ton $ mr One (1) man and hydraulk: cxane - &ton ~ $ One (1) man and rotary crane -10-ton ~ $ /hr g. Fleld Service One (1) man and deNvery truck $ One (1) man and service trade $ ~ Two (2) men and service truck $ mr Two (2) men and welding truck $ mr /h Electridan $ r /hr h. Shop Labor General shop labor $ Mr Premium shop labor Machine shop labor $ mr Metal spray labor $ $ mr Welding shop labor /hr $ mr i. Closed grcuit WeN Televlabn with DVD copies $ LS J. Wire brush. Bail Well. or Swab rental $ /hr k. NPDES Compliance (Baker Tanka. Neutragzing Equip.. Lab Feea. $ LS Fabrication) ~~~~~ 159 N. ACACIA STREET SAN DIMAS, CA 91773 PHONE: (909) 599-9606 FAX: (909) 599-6238 WELL & PUMP SERVICE SINCE 1952 Lic. #496765 Additional Information The information attached is not a part of the proposal but additional information which is not included with the maximum 10 pages of the proposal. Name S 'alined Education Michael Bodart Well and S tem S ialist Geo A. Bates, P.G. Well and S tem S ecialist Matthew Hinson lication En ' eer and Pum S ialist Fernando Munoz Crew and Field Coordinator John Lincoln Saf and Field Coordinator Bonnie Brunel Pro'ect Assistant William Tweed S stem and Mechanical En ' eer Julio Martinez A lication En ' eer Name A. Bates, P.G. Years of Experience in Well Rehabilitation / Reps 17 Michael Bodart Matthew Hinson Fernando Munoz John Lincoln Bonnie Brunel William Tweed Julio Martinez 25 23 23 22 6 30 4 d , ~ JAMES M. HINSON Professional - -- - Experience General Pump Company, Inc., San Dimas, California Application Engineer/Project Coordinator 1989 -Present Assists engineering and customers with pump system engineering, evaluation and recommendations. Conducts systems analyses, define new and/or replacement hydraulic requirements, design to procurement of materials, provide customer with job pricing quotations, schedule crew tasks and man-power on a timely basis. Johnston Pump Company, Los Angeles, Service Center, Pomona Service Technician/inventory Controller 1987 - 1989 Controller, Vertical Turbine Pump Division - As a Service Technician, performed numerous duties that included purchasing agent and manager of the Company's service centers. As Inventory Controller, managed and coordinated equipment and parts distribution to regional service sites, and for inventory reports on personal computer. 1985 -1987 Service Technician -Geothermal Services Division. Worked with customers to determine pump applications, engineering solutions, and to trouble-shoot problems. Provided 24-hour field services for Western United States and overseas. Defined pre-assembly requirements, supervised installation and start-up for geothermal downhole pumps. Recognized as one of the company's "top" men in this field. 1983 -1985 Inventory Controller and Service Mechanic. Duties required skill in inspection and assembly of all major makes and models of vertical turbines, mixed and axial flow, centrifugal and sump pumps. Handled basic shop machinery and operation functions. Achieved one of the most successful inventories in the Service Center's history in 1984. 1980-1981 Parts Coordinator. Logged and recorded incoming shipments, shipped parts to domestic and international destinations. 1980 Service Mechanic Trainee Los Angeles Liquid Handling Systems, Gardena, California Service Mechanic /Field Service Representative 1982 -1983 Handled customer relations and all field service calls for pump distributor. Responsible for teardown, inspection and analysis of pump equipment; as well as making necessary repairs. While the company's main emphasis was on Viking alloy pumps, also repaired a variety of pump types, such as: Gorman-Rupp food processing pumps, Wilden diaphragm pumps and Liquiflo horizontal pumps. ruw~ LORENZO CEBALLOS Academic Background A.A. -Engineering, East Los Angeles College Courses in Hydraulics -University of California, Los Angeles Courses in Business, Mechanical Desktop, and Cost Estimating - Mt. Sac, Walnut Professional Experience General Pump Company, Inc., San Dimas, California Project Engineer 2004 -Present Flowserve Corporation, Los Angeles, California Design Engineer 1996 - 2001 Established criteria to create protocol drawings of equipment bases; reduced costs as well as maintain quality control in the manufacturing of coupling guards; created customer drawings for approval; checked and troubleshoot drawings and bill of materials. Amtec Engineering Agency, Brea, California Engineer Designer 1993 -1996 Goulds Pumps, City of Industry, California Project Engineer 1984 -1993 Designed and standardized new fabricated mitered discharge heads while eliminating redundancy and costly designs; standardized lineshaft sizes and configurations reducing the number of drawings; designed and established new driver-to-pump couplings standards. Ralph M. Parson, Pasadena, California Rotating Equipment Engineer 1980 -1984 Sized and selected rotating equipment including pumps, compressors, gas and steam turbines used in oil refiners; assisted with sewage treatment projects; wrote pump and accessories specifications and evaluated equipment manufacturers' proposals. ~s~. ~u~ FERNANDO MUNOZ Academic Background Mechanical Engineer Training (1978 - 1980) USC, Los Angeles, California Professional Experience General Pumo Comuanv. Inc.. San Dimas California Quality Control /Operations Manager 1985 -Present Responsible for quality control, ensure pumps are ready for installation, scheduling and management of shop and field production crews, and day-today management of those Company azeas. Pump Technician and Pump Machinist -Disassemble and re-assemble pump, equipment, equipment evaluation and staff training of pump equipment. Field expertise in dual indicator alignment as well as pump, bowl, head shafts and column pipes; horizontal pump specialist; and expert in well chemical treatments and disinfection. Senior Field Tech -Operates various rigs and 40-ton crane rig, and troubleshoots vazious types of pump equipment, well issues and electrical panels. Hu¢hes Aircraft. El Segundo. California 1976 - 1985 Prototype Machinist with a Level 3 Security Cleazance -Produced parts for space shuttle and nuclear submarines as well as McDonnell Douglas jets. Professional Qualifications Grade 2 -Distribution Certificate Grade 2 -Water Treatment Operator c , aesa, JOHN LINCOLN Professional Experience General Puma Comaanv, Inc.. San Dimas. California Safety Manager 1980 -Present Conducts monthly safety meetings; incorporates outside companies to evaluate our safety program; and performs regular inspections of all rigs and trucks to insure all rigs are in safe working condition. Works with different agencies for permitting and inspecting our equipment. Manages maintenance crews to keep our equipment operating in safe manner. General and Pump Machinist -Assembled pumps and dual indicator alignment as well as pump, bowl, head shafts and column pipes; horizontal pump specialist; expert in well chemical treatments and disinfection. Senior Field Tech - Operated a 40-ton crane rig and troubleshoot electrical panels. Johnson Puma Mfr. Reaair Shon 1977 - 1980 Field troubleshooter and mechanic. Layne & Bowler Mfr. Industry 1975-1977 Assembler and machine operator. Professional Qualifications Grade 2 -Distribution Certificate Class A License for Commercial Trucks Hazmat Endorseements Tankers Doubles &Triples w~ r JULIO MARTINEZ Academic Background B.S.M.E. -Cal State University Long Beach Professional Experience General Pump Company, Inc., San Dimas, California Project Engineer 2009 -Present As part of the engineering team; provide pump equipment design and evaluation. Interface with the customer service team for pumping system solutions and equipment recommendations. Procure new materials & pumping equipment for projects. SoCal Pump & Well Drilling, Inc., Riverside, California Sales Engineer 2004 - 2008 Performed inside sales activities for the Southern California municipalities, golf courses and developers. Design new pumping systems, and redesign, rehab and/or refurbishing of existing systems. Manage projects and serve as purchasing agent and expeditor for pump materials. Established and maintained contact with customers throughout the projects. Flowserve Corporation, Los Angeles, California Design/Project Engineer 1999- 2004 Pump design, generating pump drawings and Bills of materials. Worked very closely with project managers to ensure on time product delivery. Supported shop activities during pump assembly and testing. Served as engineering liaison for quality control and manufacturing. Standardized bearing housing Bills of Materials for split case pumps to decrease error and order processing time. Superior Forge, Inc., Huntington Beach, California Quality Engineer 1997 - 1999 Organized, planned and coordinated internal quality audits for Boeing 9001 and ISO 9000 compliance. Planned and coordinated heat-treating and cold working activities for aluminum forgings. Performed and supervised Residual Stress Tests, and hardness and conductivity testing. Prepared Forge Plan Procedures for Hand Forgings and Closed Die Forgings. ruas DAVID HINES Academic Background San Jose State College, San Jose, California, Degreed Mechanical Engineer Professional Experience Has over 35 years of experience, which includes new well construction, well repair and redevelopment projects, groundwater pumping and booster applications. ' Genex~.l Puxx~p ~ox~p~xiya Ix~c. Serving the Water Industry Since 195 General Pump Company, an Engineering Service Company, is dedicated to supporting the ongoing needs of the Water Industry, and committed to providing: • Solution-oriented engineering using problem solving techniques by degreed professionals with diverse well system and groundwater experience, and pump application engineers from major pump manufacturing companies. • Full-time machine shop, staffed with experienced personnel capable of building and repairing standard and custom pump equipment, and specialty products. • Self-contained chemical trailers to include safety support and operational controls. • Trained and certified operators for periodic monitoring and maintenance programs. • In-house training facility and training programs for customers and our own personnel. • Strong project and construction management for any size project. • Instant communications with cellular radio/phones for all staff, engineering, technical, field and shop personnel, resulting in better services at a reduced risk and overall cost. • Modern, safe and reliable equipment with the Only Telescoping Well Rigs in the industry capable of effective redevelopment of wells in pump houses. • The Best Safety Record in the Industry for the Past 10 years!! General Pump Company employs only experienced Engineers, Hydrogeologists and Technical Field Personnel that can offer you assistance in the following areas: • Assess Well Yields to Minimize Operating and Maintenance Costs • Determine the Efficiency of Wells and Pumps • Engineered Pump and Well Equipment • Pump Facility Design and Construction • Booster Facility Design and Construction • Pipeline Design and Construction • Mechanical and Chemical Redevelopment • Periodic Monitor and Maintenance Programs • Water Quality and Production Solutions • Well System Optimization • Engineered Pump Suctions • Packer Design and Installation • Pump and Motor Repair • Electrical, SCADA and Transducer Support • Casing Repair and Swedging • Video and Geophysical Logging Support For additional information on Genenil pump Company or to speak with one of our qualified engineers, please contact us at: GENERAL PUMP COMPANY, INC. 159 North Acacia Street, San Dimas, California 91773 Phone: (909) 599-9606 • Fax: (909) 599-6238 • E-mail: engineering@genpump.com Engineered Pump Suction The Engineered Pump Suction (EPS) is designed to change the energy distribution and hydraulic flow characteristics in a well. EPS's distribute the flow of water to a pump intake over a longer interval, creating a laminar t1ow, and therefore lowering entrance velocities through the well screen. MAJOR BENEFITS The major benefits of installing an EPS as part of an effective and efficient groundwater production system are: • Extend life of the well and well efficiency • Decrease mineral and bacteriological fouling • Decrease entrance velocities and increase well yield • Control sand pumping • Decrease energy costs and increase pump equipment life expectancy • Improve water quality in wells that penetrate multiple aquifer systems • Eliminate the dead-zone in a well bottom resulting in decreased bacteriological constituents EPS's are constructed of PVC or stainless steel with factory slot-perforations. General Pump Company designs each EPS based on well hydraulics for the specific well, screen length and diameter, and design pump capacity. Each unit is installed and tested by our professional Engineering and Technical Support Team. General Pump Company's EPS is a corcective solution to many well performance concerns. However, well owners should continue to evaluate well and pump performance at regularly scheduled intervals. If change should occur, contact one of our engineers immediately for inspection or maintenance. For more information on Engineered Pump Suction and other services provided by GPC, please contact us at: GENERAL PUMP COMPANY, INC. 159 North Acacia Street, San Dimas, California 91773 Phone: (909) 599-9606 • Fax: (909) 599-6238 • E-mail: engineeringCdgenpump.com a. Dov~uhole Evaluation ` ~ . ~ During D~narni~ conditions Serving the Water Industry for Over 50 Years General Pump Company uses a combination of integrated evaluation tools to develop asolution-oriented approach to your groundwater production concerns. Using Downhole Evaluation Techniques performed during dynamic (pump operating) and/or static conditions, General Primp Company has resolved many difficult problems such as: • Water Production -Sanding, air-entrainment, pumping water level, and decreased specific capacity • Water Quality - Fe, Mn, As, HAS, VOC's, perchlorate, nitrate, etc... • Well Plu~cinQ -Encrustation, bio-fouling and sand blockage • Well Intecrity or Condition -Casing splits, eroded perforations, partial collapse, etc... The combined application of data collected during records review, through downhole evaluation, and post- field data review can be used to improve the hydraulics and efficiency of existing wells, and to resolve production and water quality concerns. For more information on Downhole Evaluation During Dynamic Conditions and other services provided by General Pump Company, please contact us at: GENERAL PUMP COMPANY, INC. 159 North Acacia Street, San Dimas, California 91773 Phone: (909) 599-9606 • Fax: (909) 599-6238 • E-mail: engineeringC~genpump.com 7348437• City of Tustln Engineerin Department of Public Works Douglas S. Stack, P.E. Director May 12, 2010 TO: PROSPECTIVE PROPOSERS SUBJECT: ADDENDUM NO. 1 04:35:03 p.m. OS-12-2010 1 /8 Re: As-Needed Services for Well Maintenance and Repairs (P.W. File No. 2805) The following changes are hereby made to previously published information regarding the specifications. Each proposer shall include a signed copy of this Addendum with hisJhe~r proposal. Failure to do so may cause the proposal to be disqualified. V 1. Request for Prouosal. Section 6 Prevailing Wages Pane 5 Add entire text of Section 6 commencing with "Notice is hereby given.....Prevailing Wage Laws). (~2. Professional Services Agreement. Section 10 P~ae 14. Performance Bond Add entire text of two paragraphs commencing with "Consultant shall prior...by the surety". /3. Professional Services Agreement Section 10 8. Pace 16 Add entire V text of paragraph commencing "Notice is hereby....Prevailing Wage Laws)". ,~. EXHIBIT A Sco of Work Add entire page Billlno Schedules and Hourly Rates Remove existing entire page and replace with attached Billing Schedules and Hourly Rates to include Item I. ~~ 6. CITY OF TUSTIN -WATER SERVICES FACILITIES Remove existing page and replace with attached City of Tustin Water Services Facilities to include Well Depth. This addendum consists of two (2) pages. Very truly yours, ~~ Dana R. Kasdan, P.E. Engineering Services Manager 300 Centennial Way, Tustin, CA 92780 • P; (714) 573-3150 ~ F: (7t4) 734-8991 • www.tustinca.org 714734843] City of Tustin Engineerin 04:35:25 p.rn. OS-12-2010 2 /8 Addendum No. 1 to As-Needed Services for Well Maintenance and Repairs May 12, 2010 Page 2 Receipt of this Addendum is hereby acknowledged. Signed: Bidders Name: ~~'~ ~~~~ ~ ~/ ~~t /~ //••' ~~ (~ (~~'iJ~/ct.I f~rr~,v C..c..Tm~y~~2:/ Zi,~ Date: ~~ // 3 ~/~ S:1CSA 8, RFP120101RFP Well Maintenar~ceVldderxlum No. 1.docx 7147348437. City of Tustin Engineerin 04:35:34 p.m. 05-12-2010 3 /8 CITY Of TUSTIN Well tila~tenance and Repairs - RFP Apn12010 Page 5 The City will negotiate the final fee with the top ranked firm(s). Reimbursable expenses shall not be allowed unless negotiated prior to o contract. Price escalations during the contract term are disfavored and will not be allowed unless negotiated prior to execution of contract, The firm shall prepare progress billings, reflective of the project schedule and the scope of work completed, by line item and description. 5. Statement of Offer a Signature The Proposal shall contain a statement that the proposals are a firm offer for a 90- day period and signed by an individual authorized to act on behalf of the firm. 6: ~revaillny Witte Notice is hereby given: #hat in ~ccotd~ance: with: California Lab©r Cade"Seicttorl ~172U, et seq., artid 17?0; et . , sea:. ds~ w, cis Colifgmlq trade of Regulatic~n~; tifl~::$R Section 1.:6000, etseq,; ("Prevailing Wade. Saws'), th® Ftrrnas.required to.pcry not;les~ than the general. prevallll~g::rate of:~ _,per. dlam.,wapes;#flr;work: ot.a aimitar .r,~};cupctQr in, the .. locality In .which th® work. or.~ seniiGes pursutint:tq this Agreement are:. . .. pr ed d ® . not ~ . lei than the.` . gen~taf . prevalll ~ rate of ~ ... pn ... . per djeni weges for' holiday. and ov®rtim®wQik..;.ir~_:that~:r...: r~, the~pirector of~tiie,[7~~ .`.:rtiiner~t~sf~~dtJSft!I~aI~~Cl~ns .... of the State'ot: Cal`if~ia; is :i'~qutri~ :tp cind.:has,~.detlne,ci, BuCh~ g®n~ai~~~evalNag rates of per diem iwag~. ,~opl+es.of the.$tgtA: prevdlling. wage. rates:anc# tli~Q latest .. re~rislons thereto.cv;~;~cqugbh.-:,Dn.tMe~ interne#~ at yy r.ccs;aoy ~ ,:~irm-~hcall fully ~.. comply Wrfh: ~gll;:~.o~llcabie,:.federat; artd~;st4t9;.1ol~r: iaws_.~.:. lu~~; ~.R~:~vlthaut IlmltvHon; lf.:apf~lf~.le~;.it~e: f?~ri~liq(dng~.yViygie: [;aw$~: V. GENERAL REQUIREMENTS . Insurance Requirements The Nmn shall famish with the proposal proof of fhe following minimum insurance coverage. These minimum levels of coverage are required to be maintained for the duration of the project: A. Comn-erc! / General Uob1l/!v - One Million Dollars ($1,000,000,00) per occurrence, Two Mllllon Dollars ($2,000,000.00) (n the general aggregate for bodily injury and property damage including coverages for contractual liability, personal in)ury, independent contractors, and broad form property damage, and One Million Dollars ($1,000,000.00) in products and completed operations aggregate. 7147348437 City of Tustin Engineerin 04:36:09 p.m. 05-12-2010 4 /8 9.3 Covenant Against Diser~**~tnation. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, antes Consultant shall ensure that applicants are em to ttY, or national origin. em to p Y~ and that employees are treated during their p yment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 1d ' Performance Bond Consultant sliall• .prior.~.to.. tha. start: of..worl~, aicid;;aerz! pursuant . to. a talci~tg orci~c .under..:thia Agr~em .~ : , . . ... ~ ~ ~ _ t~to•:thti'G' forts .. `:.~ :. :. ~ -_ aP~~~-1-a:Faithful.P.ixfvrnence ~c~nd:in:the sa~~'f ~~°':~ ~ _' - . ,., - - .~ air .. .. ed ~~tsthful T'etf~rma#tc~i Bo~ ~ :„ $ . .. ... _ :~A i~ .~- ... ...... .. .: .. s~ - b ..>x'r ... .. x.ref+e~nce,_ .Thy Rai :. ...,:: ;. .. .:,:cn :_ ..: •.: ~ :flBiYi. an..adriii:.~ .: ,: ...: .:.:.::: .:.._ .. ., Stater.;of ~ali~~a, ~; : - .~ ~ ~ . ~ - ~ - tt+ad,~>u .., ... .. .:..:. ..::...:..:.. ~~ :11:.1 ....smite . ~s1dt~~±ES~de~~rs~~ed ti~enr~i~;~,t::i~,~+i;~i~~ ~ ~:.~ ~::v~ . . ;: Prior. to _ _ ... 'val _ .: . . :. appro..,..: ai'';tliQ:bcrrtd,~ the City shall~venifiy That the.:~uety~, is .aa admttt~t`' ' ~. ~ iu thd~ State' of California. ~ :If requested. by the City, the: Eoc~sultant shell provide other.:irtf foa specified in the Code of Civil Procedure Seetiou9i95,fi60.to enable Ci . to veri .. of the bo~td. should the.1>~nd become insui~cieat~ the,.Consultant: shall cq~ ~ :. ..... :.... w>t in :ten ~ 0) calendar da~+st ai}er recetvin notice fipm tbe`Cty.:.'I~~ ;Gosisult~t~ 'shah: p~svide ... the City: evidenco of sal# co . rI'CCti fl :., o ~- .ten (1(>~• ~~nda~ of ,d corjechoir::; :s~~u1d• ~y sur ~ .. .... . ah!: nt, any. dime be . ut~atia...:.. :ta th..: ~i .. ,.. Wtatten.• i~QtIce v~ill ;tom: ~. to a>~~:E~ :'..... tirut~ tq ~.:. . ~: .... .:: . ~. . that•e#fo~t,:No fiutitetpa}+~~~ ~ _ .;.:,_ :. .. dt~+~or:~iri11 the _:::~~ deemed, _ _ until .be ?~t:ti~v:~3 C~stitltannt .._ . ,..:._. ::,. t~ .:..: ...:. ~: ,• . .., .......:: ~ ~• ~.:.::.~.,...r .~ ~: ait~. ac,~eptab bout} ~oits. - - - _ . . ,. 5 ': 1.: Changes, ut. the work: or; .elG.tensfoi;is: - .....:::.:..~ , a~:: tim .. a ii~ads:~ Consultapif.br: ::.:.:•t' ._" ' 'r::'~'r• ;'' n~' :'.': .:. its:.o1~ :.; .. ~. ,~, ,r :. . :....:., .....:, ..... ,. r. ~:.:.: ....... slta~~:l~r:wrttived b ..... h~tt ..... . ~~~°~.........:' ~`.........._ o ..•..:~. y thu.~e~ty 'sum 10.1 No= All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: Director of Public Works 14 7147348437 City of Tustin Engineerin 04:37:06 p.m. 05-12-2010 5 /8 . , ... ... 1 '~~~ ~ ~; rasa Igo.. Y . ~,: ..:.~.. .. .: .......... , . :, ..= -... ----r~ .::......:.......;..ace~:as:h~`eb ~:'~ ven.,t.~;t~'in::;$~corda~nce::w~~t_;~~k~ornt Labor Cade Section:1720' else ~, anc~1770~ :eta:. ,.ag.w~ll'.as Ca1~,a:.Code~ ~'.1:~~.::.:.. ~' :.. Titl;o~ 8~:~ ., . ~ ~ ~, $~atton.16000 less. .. .:. . . . ......... .. ..... BP ~;awsr');: th~~ ~~tistlta~it is::r~qui to paY;not .thaw.:.the. general: pcvatl#~,g rate:of :p~r:.di~~;wSgi; foi±:.~yvork:af,.a~ ~.simil~r...c ,in~.the ,. locality, in;which the ~wor~: ~r, services .. .. ... . .. .. , ......: _ ... Pursuant: to this Agreanent are performed and=not; :less than e general ptevai~lin w.' ~: rate of .per dim. wa ~:. for l~oll~ay~ and: avertfine u!ark.:~ .In that 8I . a8 ~ . B . . . .., re ..'tie. Director off` the. Dbpart~rtent. of .Indtistrial:Itel`,atlons of t~i8' State_ o£, ~~llforaia'. is required tq. and has detcrmuud~ such 8en~',iX`prevailing rates of per~.dietri.:wages. Copley aftbe State vatlin wa :..... S 8~.: rates,; and,.the.,latest revtsic 'th.,.. ark avalalale::on. they #nt+et~ $t ~~'Y. cap eov:. C~ns~tant agrees to ; ftilly comply v~ntli sli applx~ ~; and `at~e.:labor laws (in~uding, without limitation; if:.hpplicable, the:pievaittna Wgarr Y:awa~: IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above. "CITY" CITY TUSTIN, a California general law city and municipal corporation Jerry Amante Mayor ATTEST: Patty Estrella City Clerk Services Supervisor APPROVED AS TO FORM: (SEAL) Doug Holland City Attorney "CONSULTANT" By: 6ti9732. ~ 16 71473484x7 City of Tustin Engineerin 04:37:34 p.rn. 05-12-2010 6 /8 EXHIBIT A Scope of Work This project is to provide Annual Maintenance and Repair Services for the City of Tustin Water Services Division's (City) well and pump assemblies, on an on-call, as-needed, time-and-material basis for a period of one year. The City's intent is to enter into contract with multiple Firms for the provision of these services on an as-needed basis. The contractor shall be licensed (C-57) Well Drilling Contractor in the state of California. The City expects that the total contract value of the one-or-two Purchase Orders to be issued will be less than $150,000 for the year. These contract(s) may be renewed for two (2) additional one-year options should the parties mutually agree. Any and all performance pursuant to these contracts shall be on an "on-call" or "as-needed" basis. Any tasking shall be initiated solely by the City. Further, execution of a contract by the City does not in any way guarantee that any tasking or request for on-call services will be issued to any party. Moreover, execution of a contract by the City shall not entitle the other party to any form of payment or compensation from the City without first having issued tasking or request for services from the contractor. Through this Maintenance Services Contract, the City wishes to have the Well Contractor mobilize in less ,than 72 hours and perform work as requested by the City. Some services may include, but are not limited to, repair, removal, installation, rehabilitation, replacement of well pumps, motors, well columns, base plates, lube assembly, etc., and the furnishing of parts and tabor in conjunction with such work. For calculating the hours for payment, it is the intent of the City to pay for the hours spent on the project, therefore any commuting time to and from the Project Site shall not be included. The markup for any material purchased from or repaired by a third party shall be as specified in the billing schedule. No other compensation will be allowed therefor. All work and general conditions shall be performed in accordance with the current Standard Specifications for Public Works Construction (the Green Book), Cal-OSHA and shall follow City's NPDES permit requirements (copy of which is available on request). 7147348437 City of Tustin Engineerin 04:38:00 p.m. 05-12-2010 (INSERT NAME OF FIRM] BILLING SCHEDULES AND HOURLY RATES APPLICABLE HOURLY RATES -WEEKDAYS a. General Pump Pulling and Installation Mobilization ~ Demobilization Two (2) men, rig, and service truck $ $ LS Each additional employee /hr $ /hr b. Well Rehabilitation Mobilization & Demobilization Aqua Clear PFD Method (Estimated Hours: ) $ LS _ Two (2) men comb. Rig service truck/Chemical trailer $ /h Bore Blast Method (Estimated Hours: r Two (2) men comb. Rig service truck/Bore blast trailer/Nitrogen gas $ /hr c. Well Repair Well Tear Down & Inspection Two (2) men comb. Rlg service truck $ Rebuild Bowl (Estimated Hours: ) /hr $ /hr d. Well Cleanout Work Cable tool method (wire brush) Two (2) men comb. Rig service truck $ /hr Airlift Method Two (2) men, rig and service truck Air compressor charge $ /hr $ /hr e. Crane: 40-ton with two (2) men $ /hr f. Rotary Crane One (1) man and hydraulic crane - 5-ton $ / One (1) man and hydraulic crane - 8-ton $ hr / One (1) man and rotary crane -10-ton hr $ /hr g. Field Service One (1) man and delivery truck One (1) man and service truck $ $ /hr Two (2) men and service truck /hr Two (2) men and welding truck $ /hr Electrician $ /hr $ /hr h. Shop Labor General shop labor Premium shop labor $ mr Machine shop labor $ /hr Metal spray labor $ ~r Welding shop labor $ /hr $ /hr i. Closed Circuit Well Television with DVD copies $ LS j. Wire brush, Bail Well, or Swab rental $ mr k. NPDES Compliance (Baker Tanks, Neutralizing Equip., Lab Fees, $ LS Fabrication) I. Markup for equipment purchased or repaired by 3rd party ,~o 7 /8 71,47,348437 City of Tustin Engineerin 04:38:17 p.rn. 05-12-2010 CITY OF TUSTIN WATER SERVICE FACILITIES FACILITY Well Depth 1 Main St. Well # 4/Generator Bldg. 900 feet 2 Main St. Reservoir/ Pump Station 3 Beneta Way Well 620 feet 4 Columbus Tustin Well 1180 feet 5 Prospect Well ~ 630 feet 6 Tustin Avenue Well 827 feet 7 Vandenberg Well 920 feet 8 Walnut Well 998 feet 9 Yorba Street Well 850 feet 10 17th Street Desatter 1 ~ Newport Well 375 feet 12 Main ~ Street Well #3 620 feet 13 17~' Street Well #4 500 feet 14 Pasadena Avenue Well 1060 feet 15 ~ Rawlings Booster Station 8 /8 S:1CSA & RFP12010UaFP Well Maintenanrn~wn-e. c.,,.uuf__ ~_ _ EXHIBIT D -SCHEDULE OF COMPENSATION 21 714~348437~ City of Tustin Engineerin 04:38:00 p. m. 05-12-2010 (INSERT NAME OF FIRM] ' BILLING SCHEDULES ANO HOURLY RATES I. APPLICABLE HOURLY RATES -WEEKDAYS a. General Pump Pulling and Installatio n Mobillzetlon & Demobilization Two (2) men, rig, and service truck $~ LS Each additional employee $_~ /hr b. Well Rehabilitation $~~ mr Mobilization & Demobilization Aqua Clear PFD Method (Estimated Hours:~~ T $~ LS wo (2) men comb. Rig service trucWChem cal trailer Bore Blast Method (Estimated Hours: ~ $~ mr _ ) Two (2) men comb. Rig service trucWBore blast trailer/Nitrogen gas $~ /hr c. Well Repair Well Tear Down & Inspection Two (2) men comb. Rig service truck Rebuild Bowl (Estimated Hours:- /~ ~ /hr d. Weil Cleanout Work $ /hr Cable tool method (wire brush) Two (2) men comb. Rig service truck Airlift Method $~QQ /hr Two (2) men, rig and service truck Air compressor charge $=~~2 /hr e. Crane: 40-ton with two (2) men $~- mr f. Rotary Crane $~ /hr One (1) man and hydraulic crane - 5-ton One (1) man and hydraulic crane - 8-ton $ ~ /hr One (1) man and rotary crane -10-ton $~ /hr g. Field Service $ //5' /hr One (1) man and deifverytruck One (1) man and service truck $ /hr Two (2) men and service truck ~ /hr Two (2) men and welding truck $ ~ /hr Electrician $ /hr h. Shop Labor $ /hr General shop labor Premium shop labor $ /hr Machine shop labor $ /hr Metal spray labor Welding shop labor $ /hr $ D /hr i. Closed Circuit Well Television with DVD copies ~ /hr 1• Wire brush, Bail Well, or Swab rental $-/L~2 LS k. NPDES Compliance $~ mr (Baker Tanks, Neutralizing Equip,, Lab Fees, Fabrication) $ 5_~ LS I. Markup for equipment purchased or repaired by 3rd party ~,.~ -~~! 7 /8 EXHIBIT E -PERFORMANCE BOND ~~b~+73?. i 22 Bond No. Amount Premium CITY OF TUSTIN PUBLIC CONTRACT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That General Pumg Comganv , as and hereinafter referred to collectively as "Principal", and corporation organized and existing under the laws of the State of a duly authorized to transact surety business in the State of California, as, and hereinafter referred to as, "Surety", are held and firmly bound unto the City of Tustin hereinafter referred to as the "City", in the sum of $ for payment of which Principal and surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows: THE CONDITION OF THE ABOVE OBLIGATION IS THAT: WHEREAS, Principal has entered into a contract dated City to do and ~ 20_, with perform the following, generally described work, which is more particularly described in said contract for the construction of: As-needed Services for Well Maintenance and Repairs WHEREAS, all of such improvements are to be constructed and installed in accordance with the plans and specifications described, referred to and incorporated in said contract; and WHEREAS, Principal shall commence and complete the construction and installation of such improvements as provided in said contract; and NOW, THEREFORE, if Principal shall faithfully perform all agreements contained in the aforesaid contract, then this obligation shall be null and void. PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements contained in the hereinabove described contract and all obligations, then this obligation shall remain in full force and effect. PROVIDED FURTHER HOWEVER, that Surety hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder; and PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety. IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed this day of 20 SURETY: (Name) BY: (SEAL) Attorney-in-Fact BY: Address of Surety: APPROVED AS TO FORM: City Attorney PRINCIPAL: General Pumg Company (SEAL) APPROVED AS TO CONTENT: BY: Michael Bodart TITLE: Director of Engineering Date City Engineer Address of Principal: 159 N. Acacia Street San Dimas. CA 91773 909.599-9606 Note: Attach proper acknowledgment for both Surety & Principal. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange SS City of Tustin On this day of 20 ,before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person whose nameh s subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. NOTARY SEAL CAPACITY CLAIMED BY SIGNER: Witness my hand and official seal. Signature of Notary SIGNER IS REPRESENTING: ^ Individual(s) ^ Corporate ^ Officers ^ Title(s) Partner(s) ^ General Partner of a Limited ^ Partnership A ^ ttorney-in-Fact T rustee(s) ^ Subscribing Witness ^ Guardian/Conservator ^ Other: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: Professional Services Agreement Layne Christensen Company PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this day of .2010, by and between the CITY OF TUSTIN, a California general law city and municipal corporation, (hereinafter referred to as "City") and Layne Christensen Company, a California corporation, (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties." RECITALS A. City has determined that there is a need to retain specialized services to provide annual maintenance and repair services for the City's Water Services Division's well and pump assemblies on an on-call, as-needed, time and material basis for a one year period (the "Project"). B. Consultant has submitted to City a written proposal, dated May 17, 2010, to provide the requested on-call services to City pursuant to the terms and conditions of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A," which is attached hereto and is incorporated herein by reference and any tasking order provided by the City (hereinafter referred to as the "Services" or "Work") on an on-call, as-needed basis. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 66973 ~. I 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) any specific written tasking order; (4) City's RFP for these services dated April 20, 2010 ("RFP") and (5) the Consultant's signed, original proposal dated May 17, 2010 submitted to City ("Consultant's Proposal"), which shall all be referred to collectively hereinafter as the "Contract Documents." The RFP is attached hereto as Exhibit "B" and the Consultant's Proposal is attached hereto as Exhibit "C" and both are hereby incorporated by reference. All provisions of the Scope of Services, City's tasking order and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency occur or exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1St) the terms of this Agreement; (2"d) the provisions of th h Scope of Services (Exhibit "A"); (3`~) the provisions of any written tasking order by the City; (4 )the provisions of the City's RFP (Exhibit "B"); and (5th) the provisions of the Consultant's Proposal (Exhibit "C"). 1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated hereunder. 1.4 Licenses Permits Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed bylaw and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon .any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and 2 shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as maybe caused by City's own negligence. 1.7 Further Resuonsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 2• COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered pursuant to this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached hereto as Exhibit "D" and is incorporated herein by reference, but not exceeding the maximum contract amount of one hundred fifty thousand and 00/100 dollars ($150,000.00) (hereinafter referred to as the "Maximum Contract Amount"). The method of compensation shall be as set forth in Exhibit "D." The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. 2.2. Method of Pavment. In any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Aanronriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Tustin City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. ~~r~~i73 ~. ~ 3 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon schedule of performance detailed in the specific tasking order issued by the City. 3.2 Schedule of Performance. Consultant shall not commence the Services pursuant to this Agreement until such a time as is receives a written tasking order from the City. Upon receipt of a written tasking order, Consultant shall proceed and shall perform all Services within the time period(s) established in the specific tasking order. 3.3 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect for one (1) year after the effective date of the Agreement. This Agreement may be extended for two (2) additional one (1) year terms at the sole discretion of the City, by the City providing notice to the Consultant of such extension thirty (30) days prior to the expiration of the current term. 3.4 On-Call Services. Consultant hereby agrees and acknowledges that any and al] performance pursuant to this Agreement shall be on an "on-call" basis. Any tasking shall be initiated by the Contract Officer or his/her designee. Further, that execution of this Agreement by the City does not in any way guarantee that any tasking or request for on-call services will be issued to Consultant. Moreover, execution of this Agreement by the City shall not entitle Consultant to any form of payment or compensation from the City without City first having issued tasking or request for services from Consultant. 4• COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: -_Ow ; ~a ~ r~A ~ ~ 4Z Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. r>no? ~ 3. ~ 4 4.3 Prohibition- against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required without prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner 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 Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City. 4.4 Indepnendent Contractor. A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venture or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. r,h~>7t?. I 5 C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Tvaes of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. Insurance required herein shall be provided by an authorized insurance company and having a minimum A.M. Best's Guide Rating of A, Class VII or better (if an admitted carrier), or A-, Class X or better if offered by a surplus line broker. The City will accept workers' compensation insurance rated B-, Class VII or better or from the State Compensation Fund. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his/her designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. All insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. B. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written with a limit of at least One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, and broad form property damage, and One Million Dollars ($1,000,000.00) in products and completed operations aggregate. 6 (1) The commercial general liability policy shall name the City of Tustin and its officials and employees as an additional insured. (2) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any liability claims made against Consultant, and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the commercial general liability insurer an endorsement providing that the required limits of the policy shall apply separately to occurrences during the rendition of services pursuant to this Agreement. C. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the tenor of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis in the amount of One Million Dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. (1) The automobile policy shall name the City of Tustin and its officials and employees as an additional insured. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self- insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 5.3.1. The commercial general and business automobile policies shall be endorsed to contain the following provision: "City and its officers, council members, officials, employees, agents, and volunteers, and any public agencies whose approval of the project is required, are additional insureds with respect to: liability arising out of acts or omissions of or on behalf of Consultant; products and completed operations of Consultant; premises owned occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. " The coverage shall contain no special limitations on the scope of protection afforded to additional insureds. Additional insured endorsements are not required for the professional liability and workers' compensation policies. 5.3.2 For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, 7 employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, council members, officials, employees, agents, and volunteers, and their respective insurers. 5.3.3 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.4 Each insurance policy required by this section shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified by either Party, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing in this subsection, if coverage is to be suspended, voided, or cancelled because of Consultant's failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice. 5.3.5 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.6 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.7 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 5.3.8 Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and 66973?. I 8 assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 5.3.9 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. 5.3.10 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. 5.3.11 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.12 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. 5.3.13 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.14 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant maybe held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 9 5.4 Verification of Covera a Consultant shall furnish City certificates of insurance and original endorsements, including additional insured endorsements, in a form acceptable to the City, affecting all of the coverages required by this section. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Consultant shall provide to City all certificates and endorsements required by this section before commencing any work on the Project. 6. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense}, protect and hold harmless City and its officers, council members, officials, employees, agents and volunteers and all other public agencies whose approval of the Project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders, and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness, or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless, or willful performance of or failure to perform any term, provision, covenant, or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness, or willful misconduct of the City, its officers, council members, officials, employees, or agents. Consultant shall reimburse the Indemnified Parties for any reasonable expenditure, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims" shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties. In the event a final judgment, arbitration award, order, settlement, or other final resolution expressly determines that Claims did not arise out of, pertain to, nor relate to the negligence, recklessness, or willful misconduct of Consultant to any extent, then City shall reimburse Consultant for the reasonable costs of defending the Indemnified Parties against such Claims, except City shall not reimburse Consultant for attorneys' fees, expert fees, litigation costs, and expenses that were incurred defending Consultant or any parties other than Indemnified Parties against such Claims. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 10 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Re orts. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownershia of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects andlor use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. ~x,uz3 ~. i 11 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of CKange, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shall constitute a default. 12 B. If the City Manager, or his/her designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 13 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Emoloyees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his/her financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant AEalnst Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10 Performance Bond Consultant shall prior to the start of work and services pursuant to a tasking order under this Agreement, submit to the City for its acceptance and approval a Faithful Performance Bond in the same format as set forth in Exhibit "E" entitled "Faithful Performance Bond," a copy of which is attached hereto and incorporated herein by reference. The Faithful Performance Bond shall be issued from an admitted surety in the State of California. The bond shall be in the amount of 100% of the estimated value of the work associated with the tasking order issued to Consultant by City. Prior to approval of the bond, the City shall verify that the surety is an admitted surety in the State of California. If requested by the City, the Consultant shall provide other information specified in the Code of Civil Procedure Section 995.660 to enable City to verify the sufficiency of the bond. Should the bond become insufficient, the Consultant shall correct the insufficiency within ten (10) calendar days after receiving notice from the City. The Consultant shall provide the City evidence of said correction within ten (10) calendar of said correction. Should any surety at any time be unsatisfactory to the City, written notice will be given to the Consultant to that effect. No further payments shall be deemed due or will be made under the Agreement until the Consultant submits ac acceptable bond from a surety or sureties accepted by the City. Changes in the work or extensions of time made pursuant to the Agreement shall in no way release the Consultant or the surety from its obligations. Notice of such changes or extensions shall be waived by the surety. 14 10.1 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: Douglas S. Stack, Director of Public Works/City Engineer City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3150 (Phone) To Consultant: AB Schmitt, President, CEO Layne Christensen Company 11001 Etiwanda Avenue Fontana, CA 92337 909.390.2833 (Phone) 10.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.3 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. ivy; ~. i 15 10.4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.5 Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto. 10.6 Recitals, The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agree that such Party is bound, for purposes of this Agreement, by the same. 10.7 Coraorate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is dul authorized and existin ii he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 10.8 Prevailing Wages Notice is hereby given that in accordance with 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"), the Consultant is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work or services pursuant to this Agreement are performed and not less than the general prevailing wage rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of the State prevailing wage rates and the latest revisions thereto are available on the Internet at www.dir.ca.~_v. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). >nU~~~ ~ 16 IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above. "CITY" CITY OF TUSTIN a California general law city and municipal corporation Jerry Amante Mayor ATTEST: Pamela Stoker City Clerk SEAL) APPROVED AS FORM: Do olland qty Attorney "CONSULTANT" Layne Christensen Company ~~~.~ Douglas L. Watson General Manager 669732) 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Ala~ge SS Cax~-I'- p~,San ,C~t~hara(/rto City of T-~it~- ~Lfy u~ ~c~.:'z~»w On this I C~ ~' day of <~l.!'l-C, 20,L, before me,~zl1~~ M . t~~C Notary Public, personally appeared ~.. who proved to me on the basis of satlstactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. NOTARY SEAL S~HELUE M. FOX Commltslon ~ 1796644 ~ . -r' Notary Public - Cvlltornly ~ z San 6ernardlno County = MyCormn. Bq:-edMoiy20, 2012 Witness my hand and official seal. Signature of Notary CAPACITY CLAIMED BY SIGNER: ^ Individual(s) ^ Corporate ^ Officers Title(s) ^ Partner(s) ^ General Partner of a Limited Partnership ^ Attorney-in-Fact ^ Trustee(s) ^ Subscribing Witness ^ Guardian/Conservatpr ~ Other: Qent ~'a, l~'!an ~,~r SIGNER IS REPRESENTING: Muni Chrc~rnson ~~ »~ ERTIFICA/TE~IMUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: EXHIBIT A -SCOPE OF SERVICES ~~~~~a~ 3 ~. i EXHIBIT A Scope of Work This project is to provide Annual Maintenance and Repair Services for the City of Tustin Water Services Division's (City) well and pump assemblies, on an on-call, as-needed, time-and-material basis for a period of one year. The City's intent is to enter into contract with multiple Firms for the provision of these services on an as-needed basis. The contractor shall be licensed (C-57) Well Drilling Contractor in the state of California. The City expects that the total contract value of the one-or-two Purchase Orders to be issued will be less than $150,000 for the year. These contract(s) may be renewed for two (2) additional one-year options should the parties mutually agree. Any and all performance pursuant to these contracts shall be on an "on-call" or "as-needed" basis. Any tasking shall be initiated solely by the City. Further, execution of a contract by the City does not in any way guarantee that any tasking or request for on-call services will be issued to any party. Moreover, execution of a contract by the City shall not entitle the other parry to any form of payment or compensation from the City without first having issued tasking or request for services from the contractor. Through this Maintenance Services Contract, the City wishes to have the Well Contractor mobilize in less than 72 hours and perform work as requested by the Ciry. Some services may include, but are not limited to, repair, removal, installation, rehabilitation, replacement of well pumps, motors, well columns, base plates, tube assembly, etc., and the furnishing of parts and labor in conjunction with such work. For calculating the hours for payment, it is the intent of the Ciry to pay for the hours spent on the project, therefore any commuting time to and from the Project Site shall not be included. The markup for any material purchased from or repaired by a third party shall be as specified in the billing schedule. No other compensation will be allowed therefor. All work and general conditions shall be performed in accordance with the current Standard Specifications for Public Works Construction (the Green Book), Cal-OSHA and shall follow City's NPDES permit requirements (copy of which is available on request). EXHIBIT B -CITY'S REQUEST FOR PROPOSAL rib971? I 19 TUST I [~1 ~~` =L ~ ~ ~ !I.II iVV fSUll KING OIIR FIITI1Rf IIUNURINIi OUR PA51' CITY OF TUSTIN 300 Centennial Way Tustin, California 92780 REQUEST FOR PROPOSALS for As-Needed Services for Well Maintenance and Repairs A rll 20 I O PROPOSAL SUBMITTALS: Responses to the Request for Proposal (RFP) are to be submitted to: Mr. Dana R. Kasdan, P.E. Engineering Service Manager Public Works Department City of Tustin 300 Centennial Way Tustin, California 92780 no later than 4:00 P. M. on May 17, 2010. Five (5) copies of the proposal shall be submitted in a sealed envelope and marked: "Proposal for Well Maintenance and Repair Services for City of Tustin Water Services." Proposals received after the specified time will not be accepted and will be returned unopened. Fees shall be provided in a separate sealed envelope. Questions regarding this request will be limited to written form and shall be submitted no later than 14 calendar days prior to the deadline for proposal submission. Verbal inquiries will not be accepted. Questions shall be directed to Mr. Dana Kasdan. INDEX i. Project Description 2 ii. Schedule of Events 2 ni. Scope of Work 2 iv. Proposal Requirements 3 v. General Requirements 5 vi. Evaluation 8~ Selection Process 6 vu. Administration Specifications 7 ATTACHMENTS CITY OF TUSTIN Well Maintenance and Repair - RFP April 2010 Page 2 PROJECT DESCRIPTION This project is to provide Annual Maintenance and Repair Services for the City of Tustin Water Services Division's (City) well and pump assemblies, on an on-call, as-needed, time-and- material basis for a period of one year. The City's intent is to enter into contract with one to two Firms for the provision of these services on an as-needed basis. The contractor shall be licensed (C-57) Well Drilling Contractor in the state of California. The City expects that the total contract value of the one-or-two Purchase Orders to be issued will be less than $150,000 for the year. These contract(s) may be renewed for two (2) additional one-year options should the parties mutually agree. Any and all performance pursuant to these contracts shall be on an "on-call" or "as-needed" basis. Any tasking shall be initiated solely by the City. Further, execution of a contract by the City does not in any way guarantee that any tasking or request for on-call services will be issued to any party. Moreover, execution of a contract by the City shall not entitle the other party to any form of payment or compensation from the City without first having issued tasking or request for services from the contractor. II. SCHEDULE OF EVENTS 4/20/10 Issuance of Request for Proposals 5/3/10 Deadline for Written Questions. 5/ 17/ 10 Proposals Due at Tustin City Hall by 4:00 P.M. b/ 15/ 10 City Council Approval of Contract (est. date) 6/ 16/ 10 Issuance of Notice-to-Proceed (est. date) III. SCOPE OF WORK Although the City is attempting to identify the limits and services required, this should not unnecessarily limit the firm in the development of a scope it believes is necessary to meet the City's goals and objectives: Through this Maintenance Services Contract, the City wishes to have the Well Contractor (with C-57 license) (Firm) mobilize in less than 72 hours and perform work as requested by the City. Some services may include, but are not limited to, repair, removal, installation, rehabilitation, replacement of well pumps, motors, well columns, base plates, tube assembly, etc., and the furnishing of parts and labor in conjunction with such work. All work and general conditions shall be performed in accordance with the current Standard Specifications for Public Works Construction (the Green Book) and the City's Standard Drawings. CITY OF TUSTIN Well Maintenance and Repair -RFP April 2010 Page 3 IV. PROPOSAL REQUIREMENTS Although the City requires no specific format, this section is intended to provide guidelines to the firm regarding features that the City will look for and expect to be included in the proposal. 1. Content 8~ Format The City requests that proposals submitted be organized and presented in a neat and logical format and are relevant to these services. Firm's proposals shall be clear, accurate, and comprehensive. Excessive or irrelevant material will not be favorably received. Proposals shall contain no more than 10 typed pages using a 10 point minimum font size, including transmittal/offer letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, and graphic exhibits. The purpose of these restrictions is to minimize the costs of proposal preparation and to ensure that the response to the RFP is fully relevant to the project. The proposal should include the following: • Transmittal/offer letter. • Page numbering. • Index/Table of Contents. • Statement of Qualifications including descriptions of similar projects by key staff to be assigned during the term of the contract. • Brief resumes of key staff. • A list of rigs, equipment, etc., owned by your Firm and their availability to do this work • Completion of the cost and billing schedules of current hourly billing rates for each of the specialized skill, material, and support service, (please see Attachment "B"). 2. Team Organization The purpose of this section is to describe the organization of the project team including subcontractor and key staff. A project manager shall be named who shall be the prime contact and be responsible for coordinating all activities with the City. An organization diagram shall be submitted showing all key team members and illustrating the relationship between the City, the project manager, key staff, and subcontractor. There also should be a brief description of the role and responsibilities of all key staff and subcontractor identified in the team organization. C[TY OF TUSTIN Well Maintenance and Repars - RFP April 2010 Page 4 3. Statement of Qualifications The information provided in this section should describe the qualifications of the firm and key staff in performing projects within the past five years that are similar in scope and size to demonstrate competence to perform these services. The projects listed should be those that the key staff named for this project were responsible for performing. Information shall include: • Names of key staff that participated on named projects and their specific responsibilities. • The client's name, contact person, addresses, and telephone numbers. • A brief description of type and extent of services provided. • Completion dates estimated, if not yet completed). • Total costs of the projects. • The Firm shall maintain an office staffed with qualified technical and field personnel. • The Firm shall maintain competent and experienced service personnel to service the well and pump assemblies. • The Firm shall provide a list of rigs, equipment, etc., owned by the Firm and available to do this work. There should be included in the section brief resumes of key personnel who will provide these services demonstrating their qualifications and experience. Resumes should highlight education, relevant experience, licenses, and specific responsibilities for services described. 4. Fee Proposal All Firms shall provide complete cost and billing schedules of current hourly billing rates for each of the specialized skill, material, and support services in Attachment ~~B„ A work program together with a breakdown of labor hours by employee billing classification together with the cost of non-labor and sub-contractor services shall be included with the fee proposal. The labor breakdown shall be compiled based upon a listing of work tasks that correlates with the firm's defined scope of work for the project proposal. This information will be used by the City staff to evaluate the reasonableness of the fee proposal and may be used in negotiating the final fee amounts for the contract agreement. The firms will be ranked and the City shall select the one or two top ranked firms, at the sole discretion of the City, and enter into contracts for the on-call, as-needed services described above. CITY OF TUSTIN Well Maintenance and Repars - RFP April 2010 Page 5 The City will negotiate the final fee with the top ranked firm(s). Reimbursable expenses shall not be allowed unless negotiated prior to a contract. Price escalations during the contract term are disfavored and will not be allowed unless negotiated prior to execution of contract. V. The firm shall prepare progress billings, reflective of the project schedule and the scope of work completed, by line item and description. 5. Statement of Offer 8~ Signature The Proposal shall contain a statement that the proposals are a firm offer fora 90- day period and signed by an individual authorized to act on behalf of the firm. 6. Prevailing Wages Notice is hereby given that in accordance with 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"), the Firm is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work or services pursuant to this Agreement are preformed and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of the State prevailing wage rates and the latest revisions thereto are available on the Internet at www.dir.ca.aov. Firm shall fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). GENERAL REQUIREMENTS . Insurance Requirements The firm shall furnish with the proposal proof of the following minimum insurance coverage. These minimum levels of coverage are required to be maintained for the duration of the project: ~4. Commercial General Liability - One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, and broad form property damage, and One Million Dollars ($1,000,000.00) in products and completed operations aggregate. CITY OF TUSTIN Well Maintenance and Repars -RFP Apn12010 Page 6 8. Automobile LiabilifyCoverage -One Million Dollars ($1,000,000.00) for bodily injury and property damage. C. Worker's Compensation Coverage -State statutory limits. Deductibles, Self-Insurance Retentions, or Similar Forms of Coverage Limitations or Modifications, must be declared to and approved by the City of Tustin. The firm is encouraged to contact its insurance carriers during the proposal stage to ensure that the insurance requirements can be met if selected for negotiation of a contract agreement. The City shall be named as Additional Insured and no colicv may be modified or cancelled prior to thirty (30) days written notice. Certificates of insurance and insurer endorsements evidencing the required insurance shall be provided. 2. Standard Form of Agreement The firm will enter into an agreement with the City based upon the contents of the RFP and the firm's proposal. The City's standard form of agreement is included as Attachment A. The firm shall carefully review the agreement, and include with the proposal a description of any exceptions requested to the standard contract. If there are no exceptions, a statement to that effect shall be included in the proposal. 3. Disclaimer This RFP does not commit the City to award a contract, or to pay any costs incurred in the preparation of the proposal. The City reserves the right to extend the due date for the proposal, to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified firm, or to cancel this RFP in part or in its entirety. The City may require the selected firm to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from negotiations. 4. Assigned Representatives The City will assign a responsible representative to administer the contract, and to assist the firm in obtaining information. The firm also shall assign a responsible representative (project manager) and an alternate, who shall be identified in the proposal. The firm's representative will remain in responsible charge of the firm's duties from the notice-to-proceed through project completion. . CITY OF TUSTIN Well Maintenance and Repairs -RFP April 2010 Page 7 5. City Business License A City Business License will be required of the firm and any subcontractors for services under this agreement. VI. EVALUATION 8 SELECTION PROCESS The City's evaluation and selection process is based upon Qualifications Based Selection (QBS) for professional services. In general, the evaluation of Proposals and the selection of Firm (s) will be based upon the following: * Capability to perform necessary tasks and solve problems, warranty, and safety records and timeliness of repairs. * Maintain a full service shop with all necessary field and machine shop equipment required for well rehabilitation and treatment projects. * Qualifications and relative involvement of Firm's key personnel proposed for assignment to the project. * Rationality of Firm's fee schedule. Record of success by Firm on similar projects previously performed for City and/or other public agencies. The following criteria will be used in evaluating the proposals using a point value system (100 points) based upon the weighting indicated below: 1. Qualifications and experience of the project manager and other key individuals. (25 points) 2. Capability to perform necessary tasks and solve problems, warranty, and safety records and timeliness of repairs (25 points) 3. Results of reference checks. (15 points) Reference checks will only be conducted for a short list of firms or the top rated firm. 4. Clarity of proposal. (15 points) 5. Rationality of firm's fee schedule. (10 points) 6. Compliance with proposal requirements including the 10 page limitation. (10 points) City staff will rank the responsive firms and City staff will negotiate a contract with one or two top ranked firms, at the sole discretion of the City. Should City staff be unable to negotiate a satisfactory contract with one or more of those Firms, the City staff will terminate negotiations and may continue the negotiation process with the next most qualified Firm in order of their evaluation ranking until an agreement is reached with the number of firms desired by the City. Please refrain from making any verbal inquires or requests for a formal debriefing related to the subject RFP until the City of Tustin completes the ongoing contract process. CITY OF TUSTIN Well Maintenance and Repairs - RFP April 2010 Page 8 VII. ADMINISTRATION SPECIFICATIONS A. The City of Tustin's Riahts to Proposals All proposals, upon submission to the City of Tustin shall become its property for use as deemed appropriate. By submitting a proposal, the offer covenants not to make any claim for or have any right to damages because of any misinterpretation or misunderstanding of the specification, or because of any misinformation or lack of information. The City of Tustin has the following prerogatives with regard to proposals submitted: - to accept or reject any or all proposals; - to correct any arithmetic errors in any or all proposals submitted; - to utilize any or all the ideas from proposals submitted; - to change the proposal's due date upon appropriate notification; - to adopt any or all of an offeror's proposal; and - to negotiate modifications to the scope and fee with selected offeror prior to contract award. ATTACHMENTS Attachment A -- Sample Professional Services Agreement Attachment B --- Billing Schedule and Hourly Rates Attachment C --- List of City Facilities EXHIBIT C -CONSULTANT'S PROPOSAL h6y73? ~ 20 a ne Layne Chriistensen Coin an P Y Professional Services 11001 Etiwanda Ave. Fontana CA 92337 (909) 390-2833 Fax (909) 390-5541 LETTER OF TRANSMITTAL Nn Mr. Dana R. Kasdan, P.E. To: Engineering Service Manager Public Works Department City of Tustin 300 Centennial Way Tustin, CA 92780 Date: Job No. 17 Ma , 2010 Project: Well Maintenance and Re airs Sub'ect: Bid - due 17 Ma , 2010 4:00 .m. CC: We Are Sending You: ~ Attached ^ Hard copy via U. S. Mail ^ Shop Drawings ^ RFI ^~ Prb~s~@lans ~ Sa~QLes ^ Samples ^ Speciflcadons ^ Change Order ^ Copy of Letter - ^ Other ^ For Approval ~ For Your Use ^ As Requested ^ For Review & Comment Remarks: Signed: ~~~~~~~ ~~ The above are transmitted as checked. Lyne Layne Christensen Company 11001 Etiwanda Avenue Fontana, CA 92337 909 390 2833 909 390 6097 (fax) www.la vnechristensen. com Calendar Year 2010 Subject: Layne Christensen Company's Statement of Qualifications and Capabilities Dear Colleague: Thank you for the opportunity to submit the attached information. We are providing a brief and general summary of our qualifications and capabilities. Please take a moment to review this information and feel free to contact me with questions or comments. Layne Christensen Company Layne has been locating, developing and maintaining groundwater sources for our Clients since 1882. Our professional staff utilizes sophisticated techniques for finding, developing, injecting, pumping, and treating water sources for your project and customers. Layne leads the country in developing practical solutions to challenges affecting subsurface and water related issues. Disclosure Statement The contents of this proposal, drawings and attachments thereto contain proprietary and confidential information that is being presented to recipients for their sole benefit and as a means to further enable the recipients to independently evaluate the information contained herein and arrive at an objective decision as to the technical and economic merits of Layne's proposed system. Disclosure of the Confidential Information to its Recipients will not be construed in any way as granting to recipients any rights in the Confidential Information. Contents of this proposal are not be used in any manner that would be detrimental to Layne's interests, and it is not to be reproduced in whole or part other than for the purpose intended and the contents are not to be knowingly reproduced and transmitted to any party that is not directly involved with evaluating the merits of this proposal. The recipients will take all reasonable precautions and steps to ensure that the contents of this proposal are maintained in recipients' confidence. This proposal and all copies thereof are to be returned to Layne upon request. 1 of 2 Layne Christensen Company's Statement of Qualifications and Capabilities Calendar Year 2010 ~l /1 Minimum Standards Layne Christensen Company will diligently and without compromise conduct all of the work on this project to the following standards: -All employees of Layne Christensen Company will be compensated to the full intentions of Local, State and Federal Labor Laws, including Section Prevailing Wages when required. -All employees of Layne Christensen Company will follow our Safety program's policies and procedures. -All employees of Layne Christensen Company will follow our SOP for applied practices involved in this project. -All employees of Layne Christensen Company will follow Local, State and Federal OSHA policies and procedures, including internal and external enforcing and reporting. -All employees of Layne Christensen Company are screened, prior to and randomly throughout their employment, for illegal drug use. -All employees of Layne Christensen Company conduct all activities in a professional and respectful manner. -All employees of Layne Christensen Company follow the requirements of our site specific NPDES and all other local environmental regulations necessary to preserve and promote environmentally safe work practices. The Layne Way We will diligently contact customers to determine their needs, tailor a combination of unique Layne products and services to meet the identified needs and deliver the products and services in a consistently courteous and professional Layne Way. I<Ve recognize that our goal can only be achieved through the diligent efforts of our valued employees We will work together to achieve our goad We will create opportunities for each other through continuous self and team improvement We will treat each other and our customers with the respect that all professionals deserve. Closing We are eager to provide any additional information you require regarding our capabilities and experience. We are solution providers, and will cater our services to meet or exceed your needs. I will be available to assemble the appropriate team members and meet with you to discuss your needs at any location and date that is convenient to you. Sincerely, ~ ~~ Account Manager Layne Christensen Company.......Develuping Wuter Kesources Si~rce 188J, 11001 Etiwanda, CA Fontana, CA 92337 Office: (909) 390-2833 Website: http://www.LayneChrisiensen.com 2 of 2 AB SCHMITT PRESIDENT CEO D.D. SINGLETON SENIOR VP WATER OPERATIONS DOUGLAS WATSON GENERAL MANAGER WESTERN REGION TODD HOWARD OPERATIONS MANAGER WESTERN REGION RICK TRUJILLO OPERATIONS MANAGER FONTANA, CA OFFICE CIS HEPBURN PROJECT MA FIELD CREWS, SERVICE CREWS, RIG AND WORK ALLOCATION CURRENT LAYNE CHRISTENSEN RESPONSIBLITY FLOW-CHART DAVID D. SINGLETON, P.E. TITLE: VP-Western Region, Water Resources Division/Civil Engineer PROFESSIONAL/ACADEMIC CERTIFICATIONS BS/ 1981/Civil Engineering, Iowa State University Chi Epsilon National Civil Engineering Honor Society Registered Professional Engineer: Kansas, Nebraska, Minnesota, Arizona Well Driller's Licenses: Nebraska and Minnesota PROFESSIONAL POSITIONS Layne Christensen Company, Fontana, Caiifomia (2001-Present) General Manager Layne-Westem, Omaha, Nebraska (1992-2001) General Manager Layne-Western, Omaha, Nebraska (1986-1992) District Manager Layne-Westem; Kansas City, Kansas (1982-1986) Sales Engineer/Project Manager SPECIALIZATIONS 0 Iowa, South Dakota, Business Development Specialized Drilling and Sampling Project Management of Water Supply and Techniques Environmental Projects Water Supply Design Capabilities Profit/Loss Management and Contract Computer Skills Administration PROFESSIONAL ORGANIZATIONS American Society of Civil Engineers American Water Works Association National Society of Professional Engineers Mr. Singleton has 23 years of experience in all aspects of water supply services. Currently, he is responsible for profit/loss management of Layne Christensen Company offices in various California locations. Responsibilities include all functions from business development through accounts receivable collection, including project management. He oversees a 150 person staff of engineers, geologists and field personnel involved in municipal and industrial water supply design and construction services, as well as investigative and remedial environmental services. Mr. Singleton has managed projects ranging in size from a few hundred dollars to multimillion programs being conducted concurrently at multiple locations. Douglas L. Watson TITLE: General Manager- Layne Christensen Fontana PROFESSIONAL/ACADEMIC CERTIFICATIONS B.B.A./ 1971/ Economics and Finance, Southern Methodist University-Dallas, Texas PROFESSIONAL POSITIONS Layne Christensen Company, Fontana, California, General Manager- Western Division Production Drilling Manager (2004-Present) Beylik Drilling Incorporated, LaHabra, California, President (1997-2004) Beylik Drilling Incorporated, LaHabra, California, Executive Vice President (1994-1997) Beylik Drilling Incorporated, LaHabra, California, Vice President- Production/Pump Division (1990-1994) Layne Western Company, St. Louis, Missouri, Division Manager (1985-1990) Layne Western Company, Columbus, Ohio, Division Manager (1979-1985) Layne Western Company, St. Louis, Missouri, Sales Engineer (1971-1979) SPECIALIZATIONS Reverse Circulation Drilling Pump Application Direct Air/Mud Rotary Drilling Pump Troubleshooting/Service Cable Tool Drilling Well Rehabilitation Hollow Stem Auger Drilling ..4 CRIS HEPBURN TITLE: Sales Engineer, Fontana, California Office PROFESSIONAL/ACADEMIC CERTIFICATIONS BS/ 1975 Brigham Young University (Sociology/English/Secondary Education) PROFESSIONAL POSITIONS Layne Christensen Company, Fontana, California (1989-Present) Sales Engineer Gilbert Pump, Tucson, Az (1985 - 1989) Sales Engineer Aurora Pump Company, Idaho Falls, Idaho (1984-1985) Sales Representative Ag-Tronic, Inc., Hastings, Ne (1982-1984) National Sales Mgr. National Pump Co, Grand Island, Ne (1980-1982) Upper Midwest Sales Representative House of Pumps, SLC, Ut (1976 -1980) Rig operator /Salesman SPECIALIZATIONS Marketing, Pump & System Design Electrical System Design & Waterwell Design and Bidding Troubleshooting Water Well Rehabilitation Waterwell Reconstruction Pump, Motor and Control O&M Mr. Hepburn has 32 years of experience in all aspects of water supply services. Currently, he is responsible for water-well & pump sales, services and repairs plus business development for wellhead water treatment for the Layne Christensen Company, Fontana, California office. Responsibilities include all functions from business development through accounts receivable collection, including project design and management. He oversees project staff as required involved in municipal and industrial water supply design and construction services, as well as investigative and remedial services. Mr. Hepburn has managed projects ranging in size from a few hundred dollars to multimillion dollar projects being conducted concurrently at multiple locations. OPERATIONS SUPERINTENDENT RICHARD A. TRUJILLO: HAZ MAT VERIFIED, SERCURITY AWARENESS, ENTRY LEVEL, SMITH SYSTEM, BACKHOE, FORKLIFT SAFETY, FIRE EXTINGUISHER, CPR/FIRST AID, WELL REHABILITATION, OPERATIONS AND SHOP SUPERINTENDENT, 2010 FIELD TECHNICIANS MARK EVANS: HAZ MAT VERIFIED, SERCURITY AWARENESS, ENTRY LEVEL, SMITH SYSTEM, BACKHOE, FORKLIFT SAFETY, CPR/FIRST AID, CRANE SAFETY, WELL REHABILITATION GUSTAVO FRIAS: BACKHOE, FORKLIFT SAFETY, FIRE EXTINGUISHER, CRANE SAFETY. CERTIFIED FABRICATOR AND WELDER THOMAS D. GILES: HAZ MAT VERIFIED, SERCURITY AWARENESS, ENTRY LEVEL, SMITH SYSTEM, BACKHOE, FORKLIFT SAFETY, FIRE EXTINGUISHER, CPR/FIRST AID JAl'~IES P. GRUBBS: HAZ MAT VERIFIED, SERCURITY AWARENESS, ENTRY LEVEL, SMITH SYSTEM, BACKHOE, FORKLIFT SAFETY, CPR/FIRST AID GABRIEL HURTADO: HAZ MAT VERIFIED, SERCURITY AWARENESS, ENTRY LEVEL, SMITH SYSTEM, BACKHOE CPR/FIRST AID GARRY SQUIRES: HAZ MAT VERIFIED, SERCURITY AWARENESS, ENTRY LEVEL, SMITH SYSTEM, BACKHOE, FORKLIFT SAFETY, FIRE EXTINGUISHER, CPR/FIRST AID, CRANE SAFETY RONALD J. WEBER: HAZ MAT VERIFIED, SERCURITY AWARENESS, ENTRY LEVEL, SMITH SYSTEM, BACKHOE, FORKLIFT SAFETY, CPR/FIRST AID, WELL REHABILITATION DONALD STRATAN: HAZ MAT VERIFIED, SERCURITY AWARENESS, ENTRY LEVEL, SMITH SYSTEM, BACKHOE, FORKLIFT SAFETY, CPR/FIRST AID, CRANE SAFETY LAYNE CHRISTENSEIV CUMPANY CA License # 510011 11001 Etiwanda Avenue, Fontana, CA 92337 • Phone: 909-390-2833 • Fax: 909-390-6097 Layne Christensen Company's References City of Buellton: Address of Owner: 107 W. Highway 246, Buellton, CA 93427 Telephone #: (805)688-5177 Name of Project: Well No. 9 Location of Project(s): Buellton, CA Brief Description of Project(s): Chemical Rehab, Test Pumping, Pump Repair www.laynechristensen.com Contract Amount: $123,000.00 Date of Completion of Contract: 6/2006 Name, Address, and Telephone # of Architect or Engineer: 107 W. Highway 246, Buellton, CA 93427 Name of Owner's Project Engineer: William Albrecht Golden State Water Comoanv: Address of Owner: 3070 Skyway Dr, Santa Maria, CA 93455 Telephone #: (805)349.7407 Name of Project: Mira Flores, Well No. 6 Location of Project(s): Santa Maria, CA Brief Description of Project(s): Liner Placement, Chemical Rehab, Bore Blast, Test Pumping, AquaGuard Installation, Pump Repair Contract Amount: $120,000.00 Date of Completion of Contract: 4/2006 City of Manteca• Address of Owner: 1001 W. Center St, Manteca, CA 95337 Telephone #: (209)239.8458 Name of Project: We1120 -Chemical Rehab Location of Project(s): Manteca, CA Brief Description of Project(s): Pull Pump, Brush and Bail, Chemical Inject Acid into Perfs, Dual-Swab & Airlift, Video Log Contract Amount: $57,656.33 Date of Completion of Contract: 10/2009 City of Pismo Beach: Address of Owner: 760 Mattie Rd, Pismo Beach, CA 93449 Telephone #: (805)773-7054 Name of Project: Pump No. 5, 8~' Street Location of Project(s): Pismo Beach, CA Brief Description of Project(s): Rehab Equipment, Chlorinate Well, orifice to reduce flow Contract Amount: $30,000.00 Date of Completion of Contract: 1/2008 Name of Owner's Project Engineer: Tom Hembree 100 HP Sub Pump, Hi Speed added 1~~ Professional Services for Water Systems City of Santa Ana: Address of Owner: 220 S. Daisy Ave, Santa Ana, CA 92703 Telephone #: (714)647.3378 Name of Project: We1124 -Liner Installation Location of Project(s): Santa Ana, CA Brief Description of Project(s): Brush and Bail, Install SS CWW Screen, Consolidate Gravel, Dual- Swab and Airlift, Develop Pump, Stop Test, Continues Pump, Install Final Design Pump Contract Amount: $196,370.50 Date of Completion of Contract: 8/2008 Name of Owner's Project Engineer: designed in house by Layne Christensen South Coast Water District: Address of Owner: 31592 West St, Laguna Beach, CA 92651 Telephone #: (949)499.4555 Name of Project: AquaFreed & AquaGuazd Location of Project(s): Dana Point, CA. Brief Description of Project(s): Pull Pump, AquaFreed, Video Log, Install AquaGuazd System w/ Packer and Pump. Contract Amount: $64,243.00 Date of Completion of Contract: 8/2009 Name of Owner's Project Engineer: Designed in house by Layne Christensen Los Angeles County - Deut of Public Works: Address of Owner: 900 S. Fremont Ave, Alhambra, CA Telephone #: (626)458.6137 Name of Project: Injection Well Redevelopment Location of Project(s): Redonda Beach, Manhattan Beach, Hermosa Beach, Torrance Brief Description of Project(s): Pull Injection Pipes and Packers, Inject Acid and Chlorine, Dual-Swab and Airlift, Discharge, Video, Reinstall Injection Pipes Contract Amount: $1,143,462.00 Date of Completion of Contract: 6/2009 Henry Ito: Address of Owner: 900 9462 Telephone Rd, Ventura, CA 93004 Telephone #: (805)676.9018 Name of Project: Ito Bros. - Olivas Park Location of Project(s): Ventura , CA Brief Description of Project(s): Pull Pump, Video, Brush and Bail, Mix and Inject Granulaz Acid, Sonaz Jet, Bail Well, Install Pump Contract Amount: $55,755.00 Date of Completion of Contract: 5/2009 ~~~~ Professional Services for Water Systems Disnevland• Address of Owner: 1313 S. Harbor Blvd, Anaheim, CA 92802 Telephone #: (714)781.7841 Name of Project: New Indaz Submersible Pump Location of Project(s): Anaheim, CA -Rivers of America Well Brief Description of Project(s): Pull Failed Submersible, Video Log Well, Insta1150 HP Indar Sub Contract Amount: $52,517.00 Date of Completion of Contract: 11/2009 Santa Ynez River Water Conservation District: Address of Owner: 3622 Sagunto St., Santa Ynez, CA 93460 Telephone #: (805)688.3511 Name of Project: Well 27 Location of Project(s): Santa Ynez Brief Description of Project(s): Supply and Install Vertical Turbine, 200 HP for 1400 GPM. Contract Amount: $76,000.00 Date of Completion of Contract: 10/2007 Name, Address, and Telephone # of Architect or Engineer: Eric Tambini, 3622 Sagunto St., Santa Ynez, CA 93460, (805)688.3511 Name of Owner's Project Engineer: Same Long Beach Water Deuartment: Address of Owner: 1800 E. Wazdlow Rd. Telephone #: (714)807.4994 Name of Project: Well COM1 S -New Indar Submersible Pump Location of Project(s): Long Beach, CA Brief Description of Project(s): Pull 150 HP submersible, Video Log, Replace with 150 HP Indar Sub Contract Amount: $90,740.63 Date of Completion of Contract: 2/2009 Pettv Ranch• Address of Owner: 11971 Dazling Rd, Saticoy, CA 93004 Telephone #: (805)647.7090 Name of Project: Petty Ranch -Irrigation Well Location of Project(s): 11971 Dazling Rd, Saticoy, CA 93004 Brief Description of Project(s): Pull Pump, Replace Equipment as needed and Reinstall. Contract Amount: $26,996.00 Date of Completion of Contract: 8/2009 **Other references available upon request Professional Services for Water ~e terns --~", A~ ~. CERTIFICATE OF LIABILITY INSURANCE pRQDIlCER ~~ LLGt Kansas City 444 W. 471h Suite 900 Kansas Gay MO 84112-1906 (818)960.9000 aAre IMWOOrrrrrl sn,~o l l 4rz trio to rND INSURERS AFFORdNG COVERAGE NAIC ~ LAYNE CNRISTENSEN COMPANY ~NSUgER A : Old tic Instusrlce Co 24147 4..6 11001 ETiWANDiA A4ENUE ,N9(P1ER e : A.M. BEST RATING A + xt FONTANA, CA 92337 r«au~ c RD: D/eIAER E coVERAGES LAYINOI FK i ~- IeEUtI~, TE1W oIe coND1T1oN of AMY cON7RACT oIt 071f8R oOCUMENt• vM?1I REtipECT TO rft#C11 ~ CEf1TIRiC1-TE MAY es ISSUlD oft MAY PE1tTAN1, 11! MgUIlANCE AFfpROEp BY TF~ POLICES OED HEf1EB/ Is Stle,lECr r0 ALL t1IE TERfpI, EXCLUSION= AIO CONDITiONf OP SllC1I POLICEB. ARiGilElfA?E L11MiE SlwrfN MAY HAVE SEEN leEDUCw sY PAD c1.Aat1s. TYPe Oi MIMNWi1Ce PO~,X,y au1HlR ~~ E/6T~Y! ~Y CPSIATIO M `~ ~~ A X ~++~ f 2000 000 i Ce-SedACNL OENHtAI. LIMlJTY XO MWZY SE672 5/1R4I4 5/1!201 t f 500 X cLArrs wwrl occua CONTR "~ ol- ar f 10 00 ACTUAL PERSaN~L tAOV wruRY f ~ GENT AG cfNE~sL AcaaRE~1s f S 000 ~ (iNE~iATE LMMT APPUEB PER: PRO- X PRmI/CTR, COiPgP A03 f S D00 000 POLICY lOC A AU TO110SLe ' x o ellti Y MWTB 20934 5!! X010 5! I; 2011 cOMeN1E0 sx~os-E ~wxr {E~ soeidry) s ~ 000 000 - , , i ALL 04Vt1E0 AUT08 BCHEOULED AUT08 l~ ornanN0.,JaY f }(~(](3C~( ' X X HrgEO AUT08 NON~yVNEO AUT09 aoDr.Y wruRY Spy atC~duti) s XXXXXXX PROPERTY LIAAAAGE tOM ~oc+drlt) : xaooocxx . cAR Aae LiASrurY ANY A T NOT APPLICABLE AUTO ONLY . EAACCIDENT f XX3IXXXX U O OTHER THAN EA ACC i XXXXJUIX OICe~alMeRlLLA LIAeWTY AUTO ONLY ~ f p EACH OCCURRENCE XX~OOOCX ~ oc~~R CWgt,i,ADE NOT APPLICABLE ~~ uws~LU- FoR~ ~ DEOUCT~.E A woR+ a>!M RETENTION f ~ ANO M WC 11653600 S/ /2 s ~~K7000C7C ~ A p~~I,~, v~N ,uro STOP GAP ND W OH ! 010 5/(12411 X OF1C°""'~"'°1D1~- Q (M/~My Y1 NN) ( , , A, WV, ELEACNACCDENr 5,000,000 M M aMS~M rNu !P[CIAI PNpylpQy GtlO~ E.L 018EAeE - EA EMPLOYEE i S.~OO,000 orHea E.L0r8EA9e-POUCYIeRT { S.000.OOO Acoan u tzoos~o~t ~o~oVo EVIDENCE OF INSURANCE BMOIAD ANY a TNe A~OYe oespgaeo POLIGEe eE G4iGEL1,80 sSroRe TNe ExsetATION DAre T1~REOP, rNe rsewa wswmt wIU eNOeAVOR ro rAr. _~ DAYS w+uTreN Nonce ro rHe cERnncAT>~ NocoeR wuieo m n+e LePT. Sur iAe.uwE ro 0o so fNALL Mtrose No osLwAnoN oR LuwLtrY os ANr awo uPON r-re rNauReR, rrs AQeNT7 OR TI» ACORD nine an0 ane a 19~$00~ CORPORATION. All rlyAb reserved • wr ww~ar. e.r.~ r. ~.~...~~ .~ ~telyd rllli-IIf of ACORO .~~ ~~ ~. CERTIFICATE OF LIABILITY INSURANCE 'ROObCd1 ~~ LLC-1 Kansas Ciry THIS CERTIthCATE IS ~ 444 W. 4T~$llile 900 ONLY ANQ CONFERS Kansas Crty M0 6411Z-1908 HOLDER THIS CERTII 181619E-9000 e~rFO rue ~~,..~... '"s°RED LAYNE CHRISTENSEN COMPANY 1 ~i7S 3 11001 ETIWANQA AVENUE PHONE (9~ 390.2833 FONTANA, CA 92337 snnoll INSURERS AFFORDING COVERAGE ~ : Old Republic Inaluance Company NsuREIe s : Artlaican Guarsluee sod Liab, Ins. Co. oA~ inn 4ntr_oto NAIC of 24147 26247 :ovERA~ES LAY[NUI FK ---- - ~ T ANY REOLMIEIIENT, Ttltll OR CONDITION Of ANY CONTRACT OR OTHER W1Y PERTAMI, TIC MIf1N1/HOC! AFFORp[p dY TFIE POLICIES WITH ~~ TO YNiICN THIS CERTlICATE MAY d! RlSI~D OR P~OLIClE~S. AGCREGAT>E LdlTS 1I10YYN MAY NAVE BEEN REDtIC aisrst~ SUQJECT TO ALL THE TEAMS, EJSCIUEION>! AND CONOfT10Nd OP StJC1i ~1R FYPS aP wsss>fANCE Paler NuMaai a~u-n s ~Y EIf/rMTiDN GENERAL IJAwLfTY ~~ A X cwIERCIa c~NER,•~ uABI~m MwZY 58672 ~ ~ s snnolo Sn2oll ~ cuulAt -auE X~ accuR X CONTRACTUAL ~~ °" s PEnsoNK a Aov roust t GEM. AGtii~EGATE LMMT MIMJE8 PER ~~ S ~~ AuTO~0EILL k1A8M,Rr X MWTB 20934 Si 1T10 i 0 <, 12011 GGMew ANY AUTO Ep SN+G1.E LMA1T iE..ma.r) s 2,000,000 ACL D6VNED AU'rOB BCHEOtJLEO AIJ~O6 8001LY N~IAJRY X {PV p«.on) s XXXXXXX HKIEO ~uTOs X NON.p4VNE0 AV FOS BODN.Y fNlURY (Pv axidrnl s XXXXXXX PROPERTY DAMAGE cPr a~a«,II s XXXXXX~( GARADE uAaN.I1r ANV Auto NOT APPLICABLE Auto oNCr . eA ACCEIEM s XXXXXXX oFtiER FFIAN ~ ACC • 3CJQ000(X AUTO ONLY: EXClpI1NIMlLIA LIAi!'IY AC+D ' ~~}~C~ B X ~~ ~ cows MADE 3807886-06 5/ i /20 I 0 3! 112011 ~ oCCtatRENCE s QQ~ ~_ D -'~ : S 000 0 OEDUCTIB~ P xx~oootx RETENFgN r O '~ ~uPEMEAT1oNAN0 MWC i 1633600 A EMPLCYrAILWLIir yIN 5/12010 5/1/2011 }( ~o Q STOP GAP {ND, Oi-i, WA, WV, 5/120!0 S/11101 t illrryrB in NNi EL EACH ACC K yM. awwr wrr SPECNL PIIOUM~pNS Erbr EL DISEASE . DTNER EL DISEASE. 7V~YY AS EVIDENCE OF INSURANCE ACORO 25 (2009/01) Ths, ACORD nano and ~ ~.o.+ti. Mr...~.. m...e ... SFIOULD ANr OP THE AlOV! DEBCItl!® Pa1C7ES K CA1YC~p SORE THE E7IPNIATgN DATE THEREI'fP, FHE Irrurlcs wauRei +aL ENDEAVOR To MAL 3,~ a-ra w~TrEN NoncE To TILE cERTSRCATa IIOI.DaR NAMED To THE LEiT. snrT PAS:ORE m Do so sNAa,L w.oaE No OBl.IfiAT10N oR ~uaa.nY of ANY Iwo uPaN THE MlSURER, Its AGE}ITS oa foRPORA110N. All ~hts nsarvsd 7147348437 City of Tustin Engineerin 04:4425 p m. 05-12-2010 t /8 Department of Public Works Douglas S. Stack, P.E. Director May 12, 2010 TO: PROSPECTIVE PROPOSERS SUBJECT: ADDENDUM NO.1 Re: As-Needed Services for Well Maintenance and Repairs (P.W. File No. 2805) The following changes are hereby made to previously published information regarding the specifications. Each proposer shall include a signed copy of this Addendum with his/her proposal. Failure to do so may cause the proposal to be disqualified. 1. Request for Procosai Section 6. Prevailing Wages Page 5 Add entire text of Section 6 commencing with "Notice is hereby given.....Prevailing Wage Laws)." 2. Professional Services Agreement Section 10, Page 14. Performance Bond Add entire text of two paragraphs commencing with "Consultant shall prior...by the surety". 3. Profess_ Tonal Services Agreement. Section 10 8. Page 16 Add entire text of paragraph commencing "Notice is hereby....Prevailing Wage Laws)". 4. EXHIBIT A Scoae of Work Add entire page 5. Billing Schedules and Hourly Rates Remove existing entire page and replace with attached Billing Schedules and Hourly Rates to include Item I. 6. CITY OF TUSTIN -WATER SERVICES FACILITIES Remove existing page and replace with attached City of Tustin Water Services Facilities to include Well Depth. This addendum consists of two (2) pages. Very truly yours, ~ ~/~~~~ G%~~~ Dana R. Kasdan, P.E. Engineering Services Manager 300 Centennial Way, Tustin, CA 92780 • P: (714) 573-3150 • F (714) 734-8991 • www.tustinca.org 71 4 734843 7 City of Tustin Engineerin 04:44:41 p. m. OS-12-2010 Addendum No. 1 to As-Needed Services for Well Maintenance and Repairs May 12, 2010 Page 2 Receipt of this d' um ' her by acknowledged. Signe . ~ ' iii /I`~-P13c.r rt,(J Bidders Name: _ L~Y~fi c G/~if,~'r~ -5 ri,~ ~ Date: .~' /3 -~iv 2 !8 S:1CSA d, RFP12010~RFP Well MainfenanceWddendum No. i.docx EXHIBIT D -SCHEDULE OF COMPENSATION r>~<a7 ~ ~. i 21 !t 47348437 Cdy of iwdn En~neann 04 48 24 p rn OS-t?-?010 7 .8 (INSERT NAME Ai iIRM~ BIIIING SCHEOUIES ANp NOUIIL~ RATES A~UCABLte HOUF~Y RATE$ -WEEKDAYS a. General Pump PtNNnp and InstaNafion IiAobiNsa<fon 8 D~obNlaagon Two (2) men, rig„ and sarvica tnkk Each additional empbyee b. WeN RehabNNatbn Moblllzastior, a DemobNltation Aqua Cleo PFO flAstltod (Estlmatad Hours: ~ Two (2)' men comb, Rig service truclNt`,h~~ iraiNr ~n Bf1a1 A+Islhod (Estirrytdd Hours: f Two (Z) men comb. Rig service lruck/Bon bIW traileNNitrogen gss c. WeN Repair well tsar oown a Inspsdicn Two (Z] msn corntr,, Rlg ssrvtoa truck Rebuild Sorts (EaWnard Houn:.~, d. WeN Ctwwirt work cablt- toa maatoe (wln blush) Two (2) msn comb. Rlg servip tnxlt Airlift tAslhod Two (2) msn, rq and service truck Air c«npn.scr charge e. Cnuu: ~0-ton with two (2) m.r- f. Rotary Crane One (1) man and hydraulic rare - S-ton One (1) man and hydraulic rran• . 8-ton One (1) man and rotary crane • labs g. Field 3enice One (1) man and dsNrery tnxk on• (1) man arw :arotce tn,ck Two (Z) msn and ssrvioe tn~1C Two (~ man and wekNng buds Elscirician h. $11pp ~~ GMnraf shop IabOr PnrrllurA shop labor . chop labor Matal spray labor wekNng shoo labor i. Cbsed Circuit WeN Teiwiaion wNh OVD copies j. Win brush, Bail WeN, or Swab rental k. NPOES Corrrpiancs (Baker Tanks, Neutralizing Equip., Lab Fees, Fabrication) I. Markup for equipment purchased or repalind by 3-d party jsOO i _ LS s 1 d /hr i ~ /hr s 39s~L5 s ~~ /hr S~~ /hr s Zlo ,I,r s 4~ mr s~0 ~hr s-13''r' ~n S ;S3 mr s/11 ~ s ~ ~s ~hr 3 /fl /hr s~7 nx S/y~Y Mr sI~ /hr ~~ /hr std /hr s $~ Rtr s~ n,r s_~Z R,r s_$2! _ mr sg,.L mr S~ LS S~~ Rx s~ Ls ZS ~ ~~ ~-e C(~,.~.~c.,.sa--. ~, . ~~ ~_ ~ . , EXHIBIT E -PERFORMANCE BOND ~,~y~~ ~. i 22 Bond No. Amount Premium CITY OF TUSTIN PUBLIC CONTRACT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Lavne Christensen Companv , as and hereinafter referred to collectively as "Principal", and a corporation organized and existing under the laws of the State of and duly authorized to transact surety business in the State of California, as, and hereinafter referred to as, "Surety", are held and firmly bound unto the City of Tustin hereinafter referred to as the "City", in the sum of $ for payment of which Principal and surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows: THE CONDITION OF THE ABOVE OBLIGATION IS THAT: WHEREAS, Principal has entered into a contract dated 20_, with City to do and perform the following, generally described work, which is more particularly described in said contract for the construction of: As-needed Services for Well Maintenance and Repairs WHEREAS, all of such improvements are to be constructed and installed in accordance with the plans and specifications described, referred to and incorporated in said contract; and WHEREAS, Principal shall commence and complete the construction and installation of such improvements as provided in said contract; and NOW, THEREFORE, if Principal shall faithfully perform all agreements contained in the aforesaid contract, then this obligation shall be null and void. PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements contained in the hereinabove described contract and all obligations, then this obligation shalt remain in full force and effect. PROVIDED FURTHER HOWEVER, that Surety hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder; and PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety. IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed this day of 20_. SURETY: (Name) (SEAL) BY: Attorney-in-Fact BY: Address of Surety: APPROVED AS TO FORM: City Attorney (SEAL) APPROVED AS TO CONTENT: PRINCIPAL: Lavne Christensen Comoany BY: AB Schmitt TITLE.: President/CEO Date City Engineer Address of Principal: 11001 Etiwanda Avenue Fontana. CA 92337 909.390.2833 Note: Attach proper acknowledgment for both Surety & Principal. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange SS City of Tustin On this day of 20 ,before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. NOTARY SEAL CAPACITY CLAIMED BY SIGNER: ^ Individual(s) ^ Corporate ^ Officers Title(s) ^ Partner(s) ^ General Partner of a Limited Partnership ^ Attorney-in-Fact ^ Trustee(s) ^ Subscribing Witness ^ Guardian/Conservator ^ Other: Witness my hand and official seal. Signature of Notary SIGNER IS REPRESENTING: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: