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HomeMy WebLinkAboutContracts & Agreements_168A-2019NPS 2.2 (04/8/19) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the repair of the California Street Well ("Agreement") is made and entered in this 8th day of August, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Layne Christensen Company ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows ARTICLE 1 — ENGAGEMENT OF CONTRACTOR 1 1 City hereby engages Contractor to perform repairs to City's California Street Well (the "Services") 1 2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR 2 1 The specific Services that Contractor shall perform are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference 2 2 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act Pursuant to Labor Code section 1773 2, copies of the prevaihng rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing P 0 Box 3005), Redlands, California 92373 2 3 Contractor acknowledges that if it violates the Laboi Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Laboi Code section 1771 6 2 4 If Contractoi executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Laboi Code sections 1775 and 1777 7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815 Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Laboi Code sections 1775 and 1813 1 L 1ea\djmlAgreements\California Street Well Repair Agreement.NPS 2.2.doc�n NPS -2.2 (04/8/19) 2 5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection 2 6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810 2 7 Contractor shall comply with the provisions of Labor Code section 1777 5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815 2 8 Pursuant to Public Contract Code section 7103 5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U S C section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, Work or materials pursuant to this Agreement ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services 3.2 City designates Chris Boatman, Municipal Utilities and Engineenng Department Interim Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 Contractor shall perform and complete the Services rn a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A " The Services shall commence as of the Effective Date of this Agreement 4 2 Contractor shall complete the Services by September 13, 2019, unless the Services are earlier terminated as permitted herein 4 3 Contractor shall furnish a labor and matenal bond in the form attached hereto as Exhibit "B," in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement 4 4 Contractor shall guarantee the Services against defective materials or workmanship for a period of ane (1) year from the date of completion specified in Section 4 2 of this Agreement, except where longer warranty periods are specifically stated Any defective matenal or workmanship which may be discovered before final acceptance or within one (1) year from the completion date specified rn Section 4 2 shall be corrected immediately by the Contractor at his own expense notwithstanding that it may have been overlooked rn previous inspections and estimates Failure to inspect at any stage shall not relieve the Contractor from any obligation to perform sound and reliable work as herein descnbed 2 L1ca\dim\Agreements\Cahfomia Street Well RepacrAgreement.NPS 2.2.docin NPS 2.2 (0418119) ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 Total compensation foi Contractor's performance of the Services shall be in the amount of forty six thousand six hundred thirteen dollars twenty seven cents ($46,613 27) City shall pay Contractoi in accordance with Exhibit "C," entitled "California Street Well Repair Fee Schedule," attached hereto and incorporated herein by reference 5 2 Contractoi shall submit an invoice to City upon completion of the Services City shall pay Contractor no later than thirty (30) days aftei receipt and approval by City of Contractor's invoice 5 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in wilting Any such notice shall be deemed delivered (i) on the date of delivery in person, (n) five (5) days aftei deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section City City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands org (909) 798-7531 Contractoi Todd Howard Layne Christensen Company 1717 West Park Ave Redlands, Ca, 92373 todd howard@layne coin 909-390-2833 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Contractoi foi the duration of its performance of the Services Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies shall include a provision prohibiting cancellation 01 modification of the policy except upon thirty (30) days prior written notice to City A Workers' Compensation and Employer's Liability insurance m the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers' compensation laws of the State of California Contractor shall execute and provide City with Exhibit "D," entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two 3 L 1caldrmlAgreementslCahfomia Street Well Repair Agreement.NPS-2.2.doc.jn NPS 2.2 (04/8/19) Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contnbutmg to any insurance or self-insurance maintained by City 6 2 Contractor shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services ARTICLE 7 -- CONFLICTS OF INTEREST 7 1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 7 2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, (ii) issue, deny, suspend or revoke any City perrriit, license, application, certification, approval, order or similar authorization or entitlement, (iii) authorize City to enter into, modify or renew a contract, (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract, (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof B Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision of otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 4 L Ica\djm\Agreements\California Street Well Repair Agreement.NPS 2.2.doedn NPS 2.2 (04/8/19) 7 3 In the event City deteiiiiines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Fouii 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk ARTICLE 8 _.. GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 8 2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement 8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth Contractor shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authonty, express or implied, to bind City to any obligation 8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior wntten notice to Contractor of City's intent to terminate If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic fonn, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services Contractor shall be compensated an a pro -rata basis for Services completed up to the date of terinination 8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a penod of three (3) years, or for any longer penod required by law, from the date of final payment to Contractor pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Contractor 5 L Ica\dim\Agreernents\Calit'ornna Street Well Repair Agreement NPS 2.2.docdn NPS -2.2 (0418119) 8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any pnor negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be m writing, approved by City and signed by City and Contractor 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of Cahforma 8 8 If one or more of the sentences, clauses, paragraphs or sections contained m this Agreement is declared mvand, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would depnve a Party of a material benefit of its bargain under this Agreement IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed m confirmation of this Agreement CITY OF REDLANDS By QM�`u- Jani cConnell, Assistant City Manager ATTEST "nine Donaldson, City Clerk Layne Chnstensen Company By 6 L lcaldjmlAgreements\California Street Well Repair Agreement.NPS-2.2.doe jn Kenneth B Olson, Treasurer `,1,01111111.44. NSE 0A1,0 %�/ �yPT E ;:••11::-.; 4 : :: co `,` %•tu 2.4 = �b, ti (•• //ill+ ittiO`` NPS -2.2 (04/8/19) EXHIBIT "A" SCOPE OF SERVICES California Street Well is a submersible well located at 1651 California Street The Well supplies water to the non -potable distribution system and has failed The 320 feet of pumping equipment will need to be pulled, inspected and repaired Contractor shall provide the following services • Mobilize to site, pull pumping equipment for tear down and inspection • Inspect pumping equipment and provide findings to City and coordinate mobilization • Mobilize to site and install pumping equipment • Wire motor, test rotation and perform start up • Perform pump performance test including a vibration analysis and a sand test • Turn over all inspection reports, records, log books, drawings and diagrams associated with the job to the City 7 L Ica\djmlAgreements\California Street Well Repair Agreement.NPS 2.2.doc.jn Premium Amount $209 76 EXHIBIT "B" LABOR AND MATERIAL BOND Bond No 107085007 NPS -2.2 (04/8/19) Whereas, the City Council of the City of Redlands, State of California, and Layne Christensen Company (hereinafter designated as "Prmcipal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated August 8th, 2018, and identified as California Street Well Repair is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Prmcipal is required before commending the performance of the Work, to file a good and sufficient Labor and Matenal bond with the City of Redlands to secure the claims to which reference is made m Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, matenal men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Forty Six Thousand Six Hundred Thirteen Dollars Twenty Seven Cents (546,613.27) for matenals furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same m an amount not exceeding the amount heremabove set forth, and also m case suit is brought upon this bond, will pay, m addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, mcurred by the City m successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included m the judgment therem rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file clamps under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond 01111111�o Should the condition of this bond be fully performed, then this obligation shall become null and void, ,,1•% �P1ieis it shall be and remain m full force and effect ek G. 6, b , lre surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the z t� Yrfie or the specifications accompanying the same shall in any manner affect its obligations Nfnbonct and it does hereby waive notice of any such change, extension of time, alteration or addition '°o-,,,, '0,7 ' It�`witness whereof, this instrument has been duly executed by the Principal and surety above named, SiUr l..j gl �.`• August 12 , 2019 f'`,,/1f1F1151\\ (SEAL) Layne Christensen Company (SEAL) Travelers Casualty and Surety Company of Amenca (Contractor)63 (Surety) (Signature) Kenneth B Olson, Treasurer (Seal and Notarial Acknowledgment of Surety) Executed In 2 Counterparts (Signature) Isabel Barron, Attorney In Fact Address 1 Tower Square Hartford, CT 06183 Telephone(860 ) 277-1914 8 L 1caldjmlAgreements\California Street Well Repair AgreementNPS 2.2,doc.jn A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy or validity of that document. State of California County of Santa Cruz ACKNOWLEDGMENT On August 12, 2019 before me, Mariella Flores, Notary Public (insert name and title of the officer) personally appeared Isabel Barron who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature (Seal) ar�ella Fiore Notary ry Public MARIELLA FLORES COMM #2249923 z Notary Public California a Santa Cruz County p' m Mir ComExpires Jultr 14,+2522 1 NPS -2.2 (04/8/19) EXHIBIT "C't California Street Well Repair Fee Schedule Item No. Item Description Unit Cost Per Unit Total Units Total Cost I Mobilize Mobilize all equipment and crews needed to complete proposed work (Maximum 5% of total bid) Lump Sum• $1,540 00 ' 2 Remove Pumping Equipment Pull 320 of submersible pumping equipment Take to vendor shop for tear down and inspection Lump Sum $4,340.00 3 Tear Down and Inspect Tear down and inspect pumping equipment for damages Provide a detailed report of damages and recommendations for repair to City Sump $735.00 4 Furnish and Install New Submersible Motor furnish and install new Franklin 2 pole 8" I00HP 3 phase 480v submersible motor Lump Sum tiR $10,721 12 5 Furnish and install new Bowl Assembly Furnish and install new Gould's 9RCLC 3 stage bowl assembly or City approved equal Lump Sum $3,808.46 6 Furnish and Install Motor cable Furnish and install 340' of 2/0 cable for 3 phase motor Lump Sum $4,125.96 7 Furnish column pipe Furnish 8"x 20' NPT sch 40 column pipe Ea S770.41 15 $11,55615 8steel Furnish and install airline Furnish and install 320' of new stainless airline Lump Sumf- $738.08 9 Install submersible pumping equipment. Install 320' of 8" submersible pumping equipment Lump Sum ,"*.e„;;„ $5,510.00 ' 10 Perform Start Up, Wire Motor, and Test Rotation Perform start up wire motor test rotation per Hour $165 00 4 $660 00 11 Perform Pump Performance and Sand Test. Perform pump performance and sand test Provide detailed report to City Provide all associated information, pump curve, installation sheet, drawings, work logs and test reports per Hour $165 OD 4 $660.00 12 Demobilize Alt equipment and crews used to complete proposed work Lump Sum '' $1,205.00 13 Crane Work. Provide hourly rate for additional crane work if required Per Hour $495.00 1 $495.00 14 Electrician Work Provide hourly rate for additional electrical work if required Per Hour 8165 00 1 $165.00 15 Laborer work Provide hourly rate for additional labor if required Per Hour 865 00 1 $65.00 16 Machine work. Provide hourly rate for additional machine work 11 required Per Hour 575 00 1 575.00 17 Provide Labor and material bond Provide labor and material bond per the City of Redlands nonprofessional service agreement exhibit C Lump sum $210.00 Total Cost $46,613 27 9 L Ica\djm1Agteements\Califoima Street Well Repair Agreement.NPS 2.2 doe in NPS -2.2 (04/8/19) EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) (b) CHECK ONE By being insured against liability to pay compensation by one or more insurers duly authorized to wnte compensation insurance in this State By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an mdividual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CI I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured agamst liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct Layne Christensen Company 6' By Kenneth B Olson, Treasurer 10 L Ica\djm\Agreemerits\Calforma Street Well Repair Agreement.NPS-2.2.doc in Date 08/12/19 TRAVELERS) Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company and St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the Companies ), and that the Companies do hereby make, constitute and appoint Isabel Barron of WATSONVILLE California their true and lawful Attorney in Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017 State of Connecticut City of Hartford ss ( By Robert L Raney Sefror Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company and St Paul Fire and Marine Insurance Company and that he as such being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer In Witness Whereof 1 hereunto set my hand and official seal My Commission expires the 30th day of June 2021 Marie C Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company and St Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President any Senior Vice President any Vice President any Second Vice President the Treasurer any Assistant Treasurer the Corporate Secretary or any Assistant Secretary may appoint Attorneys in Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds recognizances contracts of indemnity and other writings obligatory in the nature of a bond recognizance or conditional undertaking and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED that the Chairman the President any Vice Chairman any Executive Vice President any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary, and it is FURTHER RESOLVED, that any bond, recognizance contract of indemnity or writing obligatory in the nature of a bond recognizance or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President any Vice Chairman any Executive Vice President any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or (b) duly executed (under seal if required) by one or more Attorneys in Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority, and itis FURTHER RESOLVED, that the signature of each or the following officers President, any Executive Vice President, any Senior Vice President, any Vice President any Assistant Vice President any Secretary any Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certifsate,'rolating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys in Fact for purposes only of executing and attesting bonds and uncle iakings and other writings obligatory in the nature thereof and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile se;;I snail be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached 1, Kevin E Hughes, the undersigned Ass;stant Secretary of Travelers Casualty and Surety Company of Amenca Travelers Casualty and Surety Company and St Paul Fire and Marine Insu.anre Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Campaniiee, which,rernains in full force and effect Dated this 12th day of August , 2019 Kevin E Hughes Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney in -Fact and the details of the bond to which the power is attached A�C�RL7� CERTIFICATE OF LIABILITY INSURANCE 08/09/20119YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER LIC 40C3S861 1-415-403 1491 Alliant Insurance Services, IncE 100 Pine Street, llth Floor San Francisco, CA 94111 CONTACT NAME.Kimberly Leikam FAX AHGNNo Ext) 415-403 1491 AlC.Nol. 415-874-4818 E-MAIL kleikam@alliant com ADDRESS. INSURERS) AFFORDING COVERAGE NAIC 5 INSURERA VALLEY FORGE INS CO 20508 INSURED Layne Christensen Company 585 West Beach Street Watsonville CA 95076 INSURERS TRANSPORTATION INS CO 20494 INSURER C . 10/01/21 INSURERD. 5 2,000,000 INSURER E INSURERF: X COVERAGES CERTIFICATE NUMBER 56919831 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD..MD SUBR POLICY NUMBER POLICY EFF (MM/ODPYYYY) POLICY EXP (MM(0DIYYYY} LIMITS A X COMMERCIALGENERALLIABILITY X GL2074978689 10/01/18 10/01/21 EACHOCCURRENCE 5 2,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES IEa occurrence] $ 2,000,000 X XCU MED EXP (Any one person) 5 Nil X Contractual Liability PERSONALBAOVINJURY 5 2,000,000 GEN'LAGGREGATELIMITAPPLIESPER POLICY X PROC X OTHER LOC GENERAL AGGREGATE $ 10,000,000 PRODUCTS COMPIOPAGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON•OWNED AUTOS ONLY X BUA2074978692 10/01/18 10/01/21 COMBINEOSINGLELIMIT (Ea accident) $ 2 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLALIAB EXCESS LIAB ._.m_. OCCUR CLAIMS -MADE EACHOCCURRENCE $ AGGREGATE $ DED 1 RETENTIONS $ A B B A WORKERSCOMPENSATION AND EMPLOYERS LIABILITY Y I N ANYPROPRIETOR)PARTNERIEXECUTIVE,jam OFFICERIMEMBEREXCLUDED? 1'� I (MandatoryinNH) eunder Dyes IPTIONOFO ❑ESCRIPTION OF OPERATIONS below NIA WC274978630 (CA) WC274978661 (MT,WI,NI) WC274978658 (NY) WC274978644 {AOS/StopGa p 10/01/18 10/01/18 10/01/18E.L 10/01/182 10/01/19 10/01/19 10/01/19 10/01/19 X STATUTE OTER E,4 EACHACCIDENT $ 2 000 000 DISEASE EAEMPLOYEE 5 2,OOD,ODO El DISEASE POLICY LIMIT S 000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101 Additional Remarks Schedule may bo attached if more space Is required) Re: California Street Well Repair City of Redlands is included as additional insured as respects General Liability on a primary and non contributory basis, and Automobile Liability, per the attached endorsements 30 Days Written Notice of Cancellation for Non -Renewal and 10 Days Notice of Cancellation for Non -Payment of Premiums GL Per ISO Form CG 0001 10/01 AL Per ISO Form CA0001 10/13 CERTIFICATE HOLDER CANCELLATION City of Redlands P 0 Box 3005 Redlands CA 92373 i USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZEDREPRESENTATIVE 9SZeel ACORD 25 (2016/03) ttaganap 56919831 © 1988-2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 08/09/2019 NAME OF INSURED Layne Christensen Company SUPP (10100) CNA G -140331-D (Ed 01/13) BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS — WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A below ) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part ) A Section II - Who Is An Insured is amended to include as an additional insured 1 Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part and 2 The particular person or organization, if arty, scheduled above B The insurance provided to the additional insured is limited as follows 1. The person or organization is an additional insured only with respect to liability for "bodily Injury," "property damage or 'personal and advertising injury" caused in whole or in part by a Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the "written contract", or b "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the "products -completed operations hazard," and only if (1) The "written contract" requires you to provide the additional insured such coverage, and (2) This Coverage Part provides such coverage 2 If the "written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01), or via the 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph B 1 above, the words 'caused in whole or in part by are replaced by the words 'arising out of' 3 We will not provide the additional insured any broader coverage or any higher limit of insurance than a The maximum permitted by law, b. That required by the "written contract", c That described in B 1 above or d That afforded to you under this policy, whichever is less 4 Notwithstanding anything to the contrary in Condition 4 Other Insurance (Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or G -140331-D (Ed 01/13) POLICY # GL2074978689 Page 1 of 2 EFFECTIVE 10/01/2018 Copynght CNA All Rights Reserved CNA G -140331-D (Ed 01/13) any other basis But if required by the "written contract" to be primary and non-contributory, this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured 5 The insurance provided to the additional insured does not apply to "bodily injury," "property damage " or "personal and advertising injury" arising out of a The rendering of, or the failure to render, any professional architectural, engineering, or surveying services including (1) The preparing, approving, or failing to prepare or approve maps, shop drawings opinions reports surveys, field orders, change orders or drawings and specifications, and (2) Supervisory, inspection, architectural or engineering activities, or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part C SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows 1 The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured An additional insured under this endorsement will as soon as practicable (1) Give us written notice of an 'occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result, (2) Except as provided in Paragraph B 4 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part, (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit", and (4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a Toss we cover under this Coverage Part But if the "written contract" requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit " 0 Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement 1 Is currently in effect or becomes effective during the term of this policy, and 2 Was executed prior to a. The "bodily injury" or "property damage" or b The offense that caused the "personal and advertising injury," for which the additional insured seeks coverage under this Coverage Part All other terms and conditions of the Policy remain unchanged Material used with permission of ISO Properties Inc G -140331-D (Ed 01/13) POLICY # GL2074978689 Page 2 of 2 EFFECTIVE 10/01/2018 Copyright CNA All Rights Reserved CNA CNA71527XX (Ed 10/12) ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows SCHEDULE Name of Additional Insured Persons Or Organizations Any person or organization whom the named insured is required by written contract to add as an additional insured on this policy 1 In conformance with paragraph A 1 c of Who Is An Insured of Section II — LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy 2 The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy All other terms and conditions of the Policy remain unchanged CNA71527XX (10/12) Page 1 of 1 Insured Name Granite Construction Incorporated Copynght CNA All Rights Reserved Policy No SUA2074978692 Endorsement No Effective Date 10/01/2018