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HomeMy WebLinkAboutContracts & Agreements_92-2022THIRD AMENDMENT TO THE AGREEMENT FOR THE COOPERATIVE USE OF UNUSED WELL CAPACITY, THE TEXAS GROVE RESERVOIR AND THE CENTRAL FEEDER THIS THIRD AMENDMENT TO THE AGREEMENT FOR THE COOPERATIVE USE OF UNUSED WELL CAPACITY, THE TEXAS GROVE RESERVOIR AND THE CENTAL FEEDER ("Third Amendment") is entered into and effective as of June 7, 2022 ("Third Amendment Effective Date"), by and between the City of Redlands ("City") and San Bernardino Valley Municipal Water District ("Valley District") City and Valley District are sometimes referred to herein individually as "Party" and collectively as "Parties" RECITALS A. Valley District owns a well located generally on the north side of San Bernardino Avenue, between Wabash Avenue and Dearborn Avenue, in the City of Redlands, and more particularly on Assessor's Parcel No 0168-091-08-0000, commonly known as the San Bernardino Avenue Well ("Well") B City and Valley District are parties to that certain Agreement for the Cooperative Use of Unused Well Capacity, the Texas Grove Reservoir and the Central Feeder, dated April 2, 2013 ("Original Agreement"), as amended by that certain Amendment No 1 to the Agreement for the Cooperative Use of Unused Well Capacity, the Texas Grove Reservoir and the Central Feeder, dated October 6, 2015 ("First Amendment"), and by that certain Second Amendment to the Agreement for the Cooperative Use of Unused Well Capacity, the Texas Grove Reservoir and the Central Feeder ("Second Amendment" and, together with the Original Agreement and the First Amendment, "Agreement"), which provides, inter cilia, for City's use of the Well under certain terms and conditions C Section 2 C of the Second Amendment provides that City may make modifications to the Well only upon the written consent of Valley District. D The Parties now desire to provide for the City's modification and rehabilitation of the Well to improve its production rate, evaluate and optimize production, rebuild and improve the well pedestal, and reconfigure and replace the wellhead piping, all upon the terms and conditions set forth in this Third Amendment. OPERATIVE PROVISIONS 1 Modification and Rehabilitation of Well a. Valley District hereby consents to City's modification and rehabilitation of the Well materially as set forth in the proposal attached as Exhibit "A" hereto and incorporated herein by this reference ("Project") b City shall commence work on the Project within six (6) months after the Third Amendment Effective Date and shall thereafter diligently prosecute the Project to completion. c Valley District hereby consents to City and City's contractor's access to the Well site for construction of the Project via existing ingress and egress, as provided in the Agreement; provided, however, City shall ensure that Valley District's reasonable access to the Well remains available at all times. d. City shall be solely responsible for all design, environmental compliance, right-of- way acquisitions, permits, and construction of the Project. e City shall ensure that all work on the Project is performed by a qualified, properly licensed contractor in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations f. City shall not issue any change orders or other modifications of the Project without the prior written consent of Valley District, which consent shall not be unreasonably delayed, conditioned, or withheld. g Upon completion of the Project, City shall restore the Well property to substantially the condition existing immediately prior to commencement of work on the Project. h. Prior to commencement of work on the Project, City shall furnish, or shall ensure its contractor furnishes, payment and performance bonds, each in a penal sum at least equal to the contract price for the Project, as security for the faithful performance and payment of all obligations in connection with the Project. Each bond shall name Valley District as an additional obligee and shall be executed by an admitted surety insurer, as defined in Code of Civil Procedure section 995 120 Prior to commencement of work on the Project, at all times during the performance of work on the Project, and for a period of one (1) year thereafter, City's contractor shall, at its own expense, maintain the following minimum levels of insurance coverage (a) workers' compensation as required by law; (b) employers' liability insurance with a limit of liability not less than $1,000,000 per occurrence, (c) commercial general liability insurance with a combined single limit of liabihty not less than $1,000,000 per occurrence, (d) automobile liability insurance for owned, non -owned, leased, and hired vehicles, with a combined single limit of liability not less than $1,000,000 per accident; and (e) all-risk installation floater insurance, including builder's risk/course of construction coverage, for the full value of the Project. All insurance policies required pursuant to this Third Amendment shall. (1) for commercial general liability policies, include an additional insured endorsement at least as broad as ISO CG 20 10 10 01 naming as additional insureds "San Bernardino Valley Municipal Water District and its directors, officers, employees, representatives, agents, affiliates, subsidiaries, predecessors, successors, and assigns", (2) be on an "occurrence" basis, not a claims -made basis, (3) contain an aggregate limit not less than the occurrence limit; (4) be primary and non-contributory with any insurance carried by or available to Valley District; (5) waive all rights of subrogation and contribution against Valley District and its insurers, (6) provide that coverage shall not be revised, cancelled, or reduced without at least thirty (30) days prior written notice to Valley District; and (7) be j issued by insurance companies which are qualified to do business in the State of California and which have a current rating of A-VII or better in Best's Insurance Report. City's contractor shall provide to Valley District endorsements and certificates reasonably acceptable to Valley District evidencing the specified insurance coverage promptly upon request. Except as may be provided by separate agreement of the Parties, Valley District shall be the sole owner of the Well and all modifications constructed pursuant to this Third Amendment. City shall acquire no ownership right, title, security interest, or other interest in the Project facilities as a result of this Third Amendment. 2 Cost Sharing a. The total estimated contract price for the Project ("Project Cost") shall be as set forth in Exhibit "A" plus a contingency of ten percent (10%) due to current material and supply shortages and unknown downhole conditions of the Well, provided, however, that the Project Cost shall not exceed Three Hundred Fourteen Thousand Dollars ($314,000) unless approved in advance in writing by both Parties b All costs and expenses reasonably incurred by City in the construction of the Project shall be shared equally by City and Valley District, as follows (1) City shall pay when due the Project cost arising out of or related to the Project, subject to retention provisions as permitted by law (2) City shall invoice Valley District each month for Valley District's 50% portion of Project Cost paid during the preceding month. Valley District shall pay all undisputed invoices within thirty (30) days after receipt, subject to retentions equal to the amounts provided under City's agreement with City's contractor c City shall keep and maintain accurate accounting records of all costs incurred in connection with the Project. Accounting records for the Project shall utilize generally accepted accounting practices and be consistent with the terms of this Third Amendment. City's Project accounting records shall clearly distinguish and separate all Project costs from City's other operation, maintenance, repair, replacement, or other costs in connection with the Well. 3 Indemnification To the maximum extent permitted by law, City shall indemnify, defend, and hold harmless Valley District and its directors, officers, employees, agents, and representatives from and against any and all claims, losses, damages, liabilities, fines, penalties, costs and expenses (including all legal costs such as reasonable attorneys' fees, expert costs, court costs, and settlement expenses) (collectively, "Claims") arising out of or related to the Project; provided, however, that City's indemnification obligations under this Section 3 shall not apply to the extent any Claims are caused by the negligence or willful misconduct of Valley District. City shall include language materially similar to this Section 3 in favor of Valley District in any agreement with its contractor The obligations of this Section 3 shall survive any termination of the Agreement. 4 CEQA Compliance. City shall be responsible for obtaining or conducting any and all Cahfornia Environmental Quality Act (Pub Resources Code § 21000 et seq) analysis, board actions, regulatory approvals, and filings associated with its activities carried out under the terms of this Third Amendment. 5 General Provisions a. Incorporation of Recitals Each and every one of the Recitals set forth above is a material part of this Third Amendment and is hereby incorporated by reference into and made part of this Third Amendment by this reference b Authority Each signatory of this Third Amendment represents that he or she is authorized to execute this Third Amendment on behalf of the Party for which he or she signs Each Party represents that it has legal authority to enter into this Third Amendment and to perform all obligations under this Third Amendment. c Further Amendment This Third Amendment may be amended or modified only by a written instrument executed by each of the Parties to this Third Amendment. d. Jurisdiction and Venue This Third Amendment shall be governed by and construed in accordance with the laws of the state of California, except for its conflicts of law rules Any suit, action, or proceeding brought under the scope of this Third Amendment shall be brought and maintained to the extent allowed by law in the County of San Bernardino, California. e Headings The paragraph headings used in this Third Amendment are intended for convenience only and shall not be used in interpreting this Third Amendment or in determining any of the rights or obligations of the Parties to this Third Amendment. f. Construction and Interpretation This Third Amendment has been arrived at through negotiations and each Party has had a full and fair opportunity to revise the terms of this Third Amendment. As a result, the normal rule of construction that any ambiguities are to be resolved against the drafting Party shall not apply in the construction or interpretation of this Third Amendment. g. Entire Agreement This Third Amendment constitutes the entire agreement of the Parties with respect to the subject matter of this Third Amendment and supersedes any prior oral or written agreement, understanding, or representation relating to the subject matter of this Third Amendment. h. Partial Invalidity If, after the Effective Date of this Third Amendment, any provision of this Third Amendment is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Third Amendment, such provision shall be fully severable However, in lieu thereof, there shall be added a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable 1. Successors and Assigns This Third Amendment shall be binding on and inure to the benefit of the successors and assigns of the respective Parties to this Third Amendment. No Party may assign its interests in or obligations under this Third Amendment without the written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Waivers Waiver of any breach or default hereunder shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or of another provision of this Third Amendment and forbearance to enforce one or more of the remedies provided in this Third Amendment shall not be deemed to be a waiver of that remedy k. Attorneys' Fees and Costs The prevailing Party in any litigation or other action to enforce or interpret this Third Amendment shall be entitled to reasonable attorneys' fees (including fees for use of in-house counsel by a Party), expert witnesses' fees, costs of suit, and other necessary disbursements in addition to any other relief deemed appropriate by a court of competent jurisdiction. 1. Necessary Actions Each Party agrees to execute and deliver additional documents and instruments and to take any additional actions as may be reasonably required to carry out the purposes of this Third Amendment. m. Representations and Warranties Each representation and warranty contained herein or made pursuant hereto shall be deemed to be material and to have been relied upon and shall survive the execution, delivery and termination of this Third Amendment. n. Compliance with Law In performing their respective obligations under this Third Amendment, the Parties shall comply with and conform to all applicable laws, rules, regulations, and ordinances o Third Party Beneficiaries This Third Amendment shall not create any right or interest in any non -Party or in any member of the public as a third party beneficiary p Counterparts This Third Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. [Signature Page Follows] IN WITNESS WHEREOF, the Parties have duly executed this Third Amendment as of the Third Amendment Effective Date ATTEST. Donaldson, City Clerk CITY OF REDLANDS, a California municipality By Paul T Barich, Mayor SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, a California municipal water district By Heather P Byer CEO/General Manager [Signature Page for Third Amendment to the Agreement for the Cooperative Use of Unused Well Capacity, the Texas Grove Reservoir and the Central Feeder] 6 EXHIBIT "A" SAN BERNARDINO AVENUE WELL MODIFICATIONS PROPOSAL RFB # 20210304PM for Well and Booster Pump Maintenance BID SCHEDULE SB Muni Well & Equipment Rehabilitation TASK 3.4 Item No. Item Description Unit Total Units Cost Per Umt Total Cost 1 Mobilize All equipment and crews needed to complete proposed work (Maximum 5% of total bid) Lump Sum 9,000 2 Remove Pumping Equipment Remove 505' of Oil lube turbine pump equipment consisting of 12" x 4" x 2 7/16" column tube and shalt Lump Sum 20,800 3 Tear Down and Inspect Tear down and inspect pumping equipment for damages Provide a detailed report of damages and recommendations for repair Lump Sum 1,500 4 Video Log Well Video log well after pumping equipment has been removed Provide detailed report recommendations for rehabilitation and 2 DVD copies to the City Lump Sum 1,100 5 Demo and Install New Pump Base Existing concrete pump base is 78 "x 78" x 6" New pump base shall utilize AWWA Standard A 100-06 and extend no less than 24" above final ground level elevation Lump Sum 14,000 6 Raise Discharge Piping Raise 12" discharge piping 10" to meet new pump head height Provide a Victaulic fitting for flex at pump discharge. Lump Sum $ 1,500 *The below proposed work may differ from the bid schedule depending on findings in the inspection report Some items in the bid schedule will not be necessary and all items shall be bid as a worst case scenario !\ 7 Wire Brush and Bail Brush and bail well to bottom of 18" casing x 590' Brush type will be decided based on well conditions and recommendations All removed bailing materials must be disposed of offsite Note. Estimate 40 hours of down hole work City will consult with the contractor to determine and finalize hours based on well condition. Flours 40 350 $ $ 14,000 8 Video Log Well. Video log well post brush and bail. Provide 2 DVD copies to the City Lump Sum $ 1,100 9 *Rebuild Tube and Shaft Assembly Rebuild 505' of 4" x 2 7/16" tube and shaft assembly with all new bearing couplings and any other needed hardware Rebuilt tube end sections shall consist of machining faces of all tube ends parallel and concentric Linear foot 505 $ 26 $ 13,130 10 *Furnish and Install New Tubing and shaft assembly Furnish and install entire tube and shaft assembly consisting of 505' of 4" x 2 7/16" steel tubing and shaft Linear foot 505' $ 38 $ 19,190 I1 *Furnish and install New Column Pipe Famish and Install 505 of 12' schedule 40 steel column pipe Include all necessary couplings Linear foot 505' $ 100 $ 50,500 12 Rebuild Stretch Brass Assembly Rebuild stretch brass Lump Sum $ 800 13 Rebuild Layne & Bowler Head Sand blast and epoxy coat pump head Rebuild Layne & Bowler pump head assembly with 416SS head shalt and all necessary hardware for installation of pumping equipment and motor All rebuild matenals shall meet NSF/ANSI 61 standards Lump Sum 4,000 $ 14 *Rebuild Bowl Assembly Rebuild 6 stage Layne & Bowler l6KHM bowl assembly Replace all necessary materials including brass bushings wear rings and 416SS shafting. All rebuild materials shall meet NSF/ANSI 61 standards Lump Sum 7,000 $ Page 75 of 116 RFB # 20210304PM for Well and Booster Pump Maintenance 15 *Furnish And Install New Bowl Assembly Supply new Goulds pump bowl assembly or City approved equal capable of meeting pumping conditions of 2650 GPM u. 480' TDH Pump bowl assembly shall meet NSF/ANSI 61 drinking water standard Write inmanufacture name, pump model number and number of stages 14RFIHC-6 Lump Sum 91$00 16 Furnish and Install New Airline Furnish and install 505' of continuous 1/4" stainless steel airline with direct read gauge airline to be banded every 20' with stainless steel bands Lump Sum 1 700 $ 17 Install Oil lube Turbine Pumping Equipment Install 505' of oil tube turbine pumping equipment. Restore well site to pre rehabilitation condition Provide all necessary gaskets and needed hardware. Lump Sum 21,000 $ 18 Perform Start Up Wire Motor Test Rotation Perform start up wire motor test rotation Lump Sum $ 1,100 19 Pump Performance Testing Perform pump performance testing and provide detailed report to city Provide all associated install information pump curve NSF certification installation sheet, drawings, work logs and test reports Test reports to include AIv1P/voltage Rossum sand test, Motor temp & vibration, flow & pressure static, pumping and drawdown water levels Lump Sum 500 $ 20 Provide as built drawing. Provide as built of pumping equipment Lump Sum 100 21 Demobilize All equipment and crews used to complete proposed work Lump Sum $ 200 BID SCHEDULE TOTAL PRICE $ 192,420.00 Last Minute Additions/Deductions* N/A Last Minute Additions/Deductions* N/A BID SCHEDULE TOTAL PRICE: 192,420 00 Bid Item No Bid Item No N/A N/A BID SCHEDULE TOTAL PRICE WRITTEN IN WORDS. One hundred ninety-two thousand four hundred twenty Page 76 of 116 Qs MEP s 159 N. ACACIA STREET * SAN DIMAS, CA 91773 PHONE (909) 599-9606 * FAX (909) 599-6238 CAMARILLO, CA 93010 * PHONE (805) 482-1215 www.genpump com WELL & PUMP SERVICE SINCE 1952 Lic #496765 Serving Southern California and Central Coast May 9, 2022 Via Eniazl City of Redlands 35 Cajon Street Redlands, Cahfornia 92373 Attn Paul Mariscal Subject Muni Well (Expanded Scope) General Pump Company performed a job walk with City personnel to review the site layout and discuss an expanded scope of work outside of the line items found on task 3 4 The main items under the expanded scope focused mainly on replacing and resizing the main transition discharge piping from the discharge head flange to the existing 14" butterfly valve The new piping will be 12" steel, without coatings, 150# SOW flanges, with nut bolt, and gasket kits Additional matenals and labor to mcorporate the additional pipe hoer that runs to the west of the well that will be raised due to the current height of the well pedestal The followmg is a takeoff of materials proposed, along with field labor Cost Materials • 400 HP USEM VHS Motor • 12" flanged McCrometer FxF 4-20MA totalizer 100 cf • Steel weld on flanges (6) • 12" Stnd Blk A53B Pipe w/BxB end • 12" 150# RF weld Neuc Flange • 16" 150# RF s/o flange • 16"x12" Stnd, CR • 12" 150# Flanged swing check • Pipe stands (2) • Ultra -Sonic Level Transducer • 2x4-6 THREDOLET (3) • 1" Corp stop (2) • 1" THREDOLET (6) • 1 1/z" THREDOLET (2) • 1x3 3M THREDOLET (5) • 12" Smith Blair flex coupling • 12NB&K(5) • Spool section for waste lme • Sample station • 10" NB&6 set Total Materials, Includes Frezght and Sales Tax S76,778 59 4 GANENAL A m COMPANY MEV Shop Labor • Load equipment, piping valves • Cutting supplies, welding materials Feld Labor • Mobilize to site, conduct brief tailgate safety meeting • Rig up crane, remove all shade structures And store safely on site • Remove existing piping, valves, spools that will be replaced • Unload new materials • Demobilize Rotary Crane and 1 Man Crew @ $265/Hr Service Truck, Pump Mechanic and Helper @ $303/Hr Est 10 Hrs @ $573/Hr Est OT 2 Hr @ $168/Hr Cont • Mob to site, conduct bnef safety meeting • Fabricate spools with new piping, flanges • Install all new spools, motor, check valve • Bolt up & align to new discharge center line • Fabricate new pipe stands Service Truck with Welder and 1 Man Crew Est 40 Hrs @ $185/Hr Est OT 8 Hrs @ $60/Hr Paul Manscal City of Redlands January 31, 2022 Page -2- 5,730 00 336 00 7,400 00 480 00 13,946 00 Outside Service • Program existing VFD panel for 400 HP motor 1,620 00 Additional Labor and Materials Total $93,104 59 If you have any questions or need additional information regarding the above, please do not hesitate to contact us Thank you GENERAL PUMP COMPANY, INC. T©m g\ranchy Tom Nanchy Sr Project Manager/ Project Engineer