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HomeMy WebLinkAboutBEST DRILLING AND PUMP, INC. (WASHINGTON WELL IMPROVEMENTS WELL DRILLING (PHASE 1) RE-BID PROJECT)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CITY CLERK DATE: �CA � v UNANM40US uRMEN CONSENT" OF DIRECTORS OF BEST DRILLING AND PUMP, D4C. A Califorrrnia .oporation The undersigned., constituting aft of the directors of the above.. -Warned corporation, acting pursuant to the authority of Corrorations-Code Section 307(b), hereby adopt the f.ollwMag recitals and resolutions, effective on tl date signed below. VL'I REAS, the :Board has deerned it to be.in the bominterests ofthe corporation to competitively bid on pe blic works contracts far publieprojects, N�$IFREAS, said corporate officers shall also be authorized to eater into any contract arising from a submitted -bid binding thecorporation as set forth herein; h OW, TAE—REFORE; BE IT RESOLVED, that the fal}ovvlag corporate officers are hereby a, zthorized to execute and subnvt bids on public works contracts for public projects and to execute and enter into any contracts arWng from said bids- subui tted on behalf of the corporation: JOHN KENNEDY, President/Secretary MARK 13E.ST, CEO MIF:E KElw`iwTEDY, Vice President DEAN GARCIA, vjce President CONNOR H.ARMON, mice President DAN WOODARD.Controller BE IT 17URTHER RESOLVED that the above -named corporate officers are further authorized to sip any and all documents which may be necessary to final 2e any contract on bebalf of the corporation_ DATED: September 6, 2021 .tohn Kenn .y, Preslderit CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT I9-6423 WASHINGTON WELL IMPROVEMENTS WELL DRILLING (PHASE 1) RE -BID PROJECT This CONSTRUCTION CONTRACT is made and entered into this l 81" day of July, 2023 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Best Drilling and Pump, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Washington Well Improvements: Well Drilling (Phase 1) Re - Bid (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defused by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids + Information to Bidders • Bid Proposal • Bid Bond + Contract Form • Contract Bonds • General Provisions • Special Provisions • TechnicaI Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Two Million Nine Hundred and Seventy -Eight Thousand Five Hundred Twenty -Four Dollars and No Cents ($2,978,524.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev.09/01/2017 ____1 Page I of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance ofallotice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the C WA. The C WA may be found on the City's website at: httn.//www.santa-ana.or7wa/documents/CWA�ndf 7, CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100"%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; Page 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any Iower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any tower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other .Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney p4c m.. Y JOSE MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: a==M f NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRIST1NE RIDGE City Manager CONTRACTOR: Best Drilling and Pump, Inc. N, ME: onnor Harmon TITLE: Vice -President Page 3 of 3 CITY OF SANTA ANA Exhibit A PROPOSAL PROJECT NO.: 19-6423 WASHINGTON WELL IMPROVEMENTS WELL DRILLING (PHASE 1) RE -BID AID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Best Drilling and Pump, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description_ Qr- Unit Unit Price_ Amount 1 Mobilization & Demobilization 1 LS $ 400,000.00 $ 400,000.00 including Noise Attenuation Panels _ i 2 NPDES Discharge Compliance 1 LS $ 300,000.00 $ 300,000.00 3 Conductor (Surface) Casing 52 FT $ 1,300.00 $ 67,600.00 4 Pilot Hole Drilling 1,250 FT $ 200.00 $ 250,000.00 5 Downhole Geophysical Surveying 1 LS $ 8,000.00 $ 8,000,00 6A Isolated Aquifer Zone Testing 6 EA $ 30,000.00 $ 180,000.00 6B Collect, Deliver and Testing of 6 EA $ 8,000.00 $ 48,000,00 Zone Tests 7A s 38-inch Dia. Upper Pilot Hole 450 FT $ 180.00 $ 81,000.00 J Eeam 7B 28-iinhDia.Lower Pilot Hole goo FT $ 170,00 $ 136,000.00 8A Caliper Survey I M LS _ $ 4,000.00 $ 4,000.00 8B Magnetic Deviation Survey 1 LS $ 4,000.00 $ 4,000.00 9A IS -inch ID Blank Casing 502 LF $ 703.00� $ 352,906.00 9B 18-inch ID Blank Well Casin � 170 LF $ 587.00 - $ 99,790.00 Cellar Pipe &End Cap P-1 ofP-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6423 WASHINGTON WELL IMPROVEMENTS WELL DRILLING (PHASE 1) RE -DID Item 9C Des Mon 18-inch ED Louvered Well Casing 600 +422FT Unit �ult FT Unit Price $ 686.00 Amount 411,600.00 9D 3-inch Dia. Gravel Feed Tube $ 79.00 $ 33,338.00 9r 2-inch Dia. Pressure Transducer Tube 452 FT $ 65.00 $ 29,380.00 90 4-inob Dia, Camera Tube 440 FT $ 160.00 $ 70,400,00 9H 3-inch ID Air Vent Tube 4 FT ~ $ 200.00 $ 800.00 10A Pilot Hole Bottom Bentortite Sea] 10 FT $ 55.00 $ 550.00 (Optional) 10B rntm-Annular Seal (Optional) 20 FT $ 55-00 1,100.00 Gravel Pack 890 FT $ 100.00 $ 89,000.00 12 Annular Grout Seal 395 FT $ 130.00 $ 51,350.00 13 Well Casing Alignment Testing t LS 5,000,00 $ 5,000.00 14 Standby Time 24 HR $ 400.00 %600.00 L5 Mechanical Well Development ^ 120 HR $ 800.00 $ 96,000.00 16A Chemical Development (12.5% 257 GAL 30.00 $ 7,710.00 Chlorine Solution) 16D Chemical Development (Polymer 32 GAL 200.00 $ 6,400.00 Dispersant) 17 Color Video Surveys 3 EA rv� $ 2,000,00 $ 6,000.00 18A Temporary Test Pump t LS $ 30,000.00 $ 30,000,00 18B Flow Meter Device 1 LS 5,000,00 $ 5,000.00 18C Water Quality Meter I LS 15,000-00 15,006.00 19 - — ------------ - Pumping Development 60 HR $ 600,00 $ 36,000,00 P-2 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6423 WASHINGTON WELL IMPROVEMENTS WELL DRILLING (PHASE 1) RE -BID Item 20A Descri lion Step Dmwdown Test f 12 Unit HR Unit Price $ 600.00 _ _ Amount_ $ 7,200.00 20B Constant Rate Pumping Test 48 HR $ 600.00 i $ 28,800.00 21 Dynamic Flow Meter Survey I� LS _ $ 5,000.00 $ 5,000.00 22A Depth Specific Sampling 7 EA $ �11000.00 $ 7,000.00 22B Collect, Deliver and Testing of Discrete Sampling ' _ EA _ $ 5,000.00 $ 35,000.00 23 Static Flowmeter Survey 1 LS $ 5,000.00 $ 5,000,00 24 Well Disinfection and Capping �1 LS s$ 10,000.00 $ 10,000.00 ___w_- — Abandonment of Borehole at City's —' 25A Request (This bid item not to be 1300 LF $ 23.00 $ 29,900.00 used In -to of base bid) Destruction of Well at City's 25B Request (This bid item not to be I LS $ 30,000.00 $ 30,000.00 _ used in totaling of base bid -__, 26 Erosion Control and BMPMeasures l I,,S $ 30,000.00 $ 30,000.00 27 City Construction Permit (Allowance) t LS $ 15,000 $ 15,000 P-3 ofP-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6423 WASHINGTON WELL IMPROVEMENTS WELL DRILLING (PHASE 1) RE -BID TOTAL BASE BID I $ 2,978,524.00 1 to 27 excludin¢ Item 25A and 25B1 The lowest responsible bidder shall be selected based on the total base bid (Items I to 27 excluding Item 25A and 25B). The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). TIME FOR COMPLETION OF IMPRQVEMENTS AND LIC�UIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within one hundred and thiriv f130 working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,500 per calendar day. Name of Firm Best Drilling and Pump, hic Signature of BIDDER Title Vice President _ (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-4 ofP-18 s""r CITY OF SANTA ANA OF q 4. i PUBLIC WORKS AGENCY * * CONTRACT CHANGE ORDER J F OS Project Number Project No. 19-6423 Washington Well Improvements Change Order Number 2 To Best Drilling and Pump Co. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED PRICE 1. Request for additional Well development directed by Richard Slade & Associates on July 18,24. The work included the following: Removal of pump and bail fill. Installation and removal of Aqua Clear PFD. Line swabbing of Aqua Clear PFD before removal. Installation and removal of Chlorine. Reinstallation of pump and motor. (Change Event#5). TOTAL AGREED PRICE =$155,012.06 2. Additional Well water sampling for PFAS under method 533 and Title 22 sampling at Wellhead surface. (Change Event#7) TOTAL AGREED PRICE = $8072.43 3. Per direction from City of Santa Ana to clean out the existing concrete channel along the property line. (Change Event#8) TOTAL AGREED PRICE =$1147.51 TOTAL AGREED PRICE = $164,232.00 Page 1 of 2 S "r CITY OF SANTA ANA of a ."M s .: 45) � PUBLIC WORKS AGENCY . * CONTRACT CHANGE ORDER isP Project Number Project No. 19-6423 Washington Well Improvements Change Order Number 2 To Best Drilling and Pump Co. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ INCREASE $ 164,232.00 By reason of this order the CONTRACT TIME completion will be adjusted as follows: 80 non-compensable working days We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept as full payment therefor the prices shown above. Accepted,Date 10/23/2024 Contractor Best Drilling and Pump Co. By $2 1/ g Title ed ffr Vice President Approval recommended by Date e% IC WORKS A NCY EXECUTIVE DIRE INA Approved by Date CITY MANAGER ATTEST° illih -� Page 2 of 2 , erk