Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contracts & Agreements_23-2010_CCv0001.pdf
AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT This agreement for the construction of well and pump rehabilitation work at the City of Redlands' Orange Street well site ("Agreement") is made and entered into this 9 th day of February, 2010 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Best Drilling and Pump Inc. ("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 I - ENGAGEMENT OF CONTRACTOR 1.1 City hereby retains Contractor to perform construction work for City's well and pump rehabilitation project at the Orange Street Well site ("Project"). 1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required for the work to be performed in connection with the Project, and shall not be debarred pursuant to Labor Code sections 1777.1 and 1777.7. ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR 2.1 The Project which Contractor shall perform is more particularly described in Exhibit "A," entitled "Scope of Work," which is attached hereto and incorporated herein by this reference. 2.2 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Project including, but not limited, to all applicable Labor Code and prevailing wage laws commencing at Labor Code section 1770 et seq. and non-discrimination laws, including the Americans With Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per them 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 Project are on file at City's Administrative Services Department, located at the Civic Center, 35 Cajon Street, Suite 10 (Mailing: P.O. Box 3005), Redlands, California 92373. 2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wage, that City may enforce such provisions by withholding contract payments to Contractor or its subcontractors pursuant to Labor Code section 1771.6. 2.4 If Contractor executes an agreement with a subcontractor to perform work on the Project, Contractor shall comply with Labor 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 Labor Code sections 1775 and 1813. 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 Contractor shall obtain, execute and deliver to City a Performance Bond and a Labor and Materials Payment Bond, in the forms attached hereto as Exhibits "B" and "C." 2.9 Pursuant to Public Contract Code section 7104, if the Project involves digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Health and Safety Code section 25117, that is required to be removed to a Class 1, Class 11 or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the Project site differing from those indicated by information about the site made available to Contractor prior to entering into this Agreement; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order under the procedures described in this Agreement. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by this Agreement or by law which pertain to the resolution of disputes and protests between the Parties. 2.10 Pursuant to Labor Code section 6705, if the Project requires any trench five feet or more in depth, Contractor shall submit, subject to City's approval, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. 2.11 Prior to and during any excavation, Contractor is responsible for complying with, and shall comply with, Government Code section 4216 et seq. 2.12 Because this Agreement was exempt from competitive bidding, prior to commencement, Contractor shall provide City with the information otherwise found in Public Contract Code section 4104. 2.13 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, services, or materials pursuant to this Agreement ARTICLE 3 - PERIOD OF SERVICE 3.1 Contractor shall commence the Project upon City's delivery to Contractor of a written "Notice to Proceed." 3.2 Contractor shall complete the Project within ninety(90)calendar days from and after the date of the Notice to Proceed. ARTICLE 4 - PAYMENT AND NOTICE 4.1 City shall pay Contractor the sum of Forty Nine Thousand Seven Hundred Fifty Dollars ($49,750.00) as complete compensation for the work Contractor performs on the Project. 4.2 Payments by City to Contractor shall be made within thirty (30) days after City's receipt and approval of Contractor's invoice, by warrant payable to Contractor. 4.3 All notices shall be made in writing and shall be given by personal delivery or by mail. Notices sent by mail shall be addressed as follows: City: Chris Diggs, Assistant Utilities Director Municipal Utilities and Engineering Department City of Redlands Post Office Box 3005 Redlands, CA 92373 Contractor: Dean Garcia, Pump Division Manager Best Drilling and,Pump Inc. Post Office Box 389 Bloomington, CA 92316 When so addressed, such notices shall be deemed given upon deposit in the United States mail; in all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices are to be given by giving notice pursuant to this section 4.3. 4.4 Pursuant to Public Contract Code section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300. ARTICLE 5 - INSURANCE AND INDEMNIFICATION 5.1 Contractor's Insurance to be Primary. All insurance required by this Agreement shall be maintained by Contractor for the duration of the Project, and shall be primary with respect to City and non-contributing to any insurance or self- insurance maintained by City. 5.2 Workers' Compensation and Employer's Liability A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance for its employees throughout the duration of the Project pursuant to Labor Code sections 3700 and 1860, in an amount which meets statutory requirements, with an insurance carrier acceptable to City. The insurance policy shall include a provision prohibiting the policy's modification or cancellation except upon thirty (30) days prior written notice to City. Contractor shall execute and deliver to City a Worker's Compensation Insurance Certification in the form attached hereto as Exhibit'*D"prior to commencement of the Project. B. Contractor expressly waives all rights to subrogation against City and its elected officials, officers and employees, for losses arising from work performed by Contractor on the Project by expressly waiving Contractor's immunity for injuries to Contractor's employees. Contractor agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by, or on behalf of, any employee of Contractor. This waiver is mutually negotiated by the Parties. 5.3 Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and defend City and its elected officials, employees and agents from and against any and all claims, losses and liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any act or omission of Contractor, and its officers, employees and agents, in performing the Project. 5.4 Assignment. Contractor is expressly prohibited from assigning any of the work associated with the Project without the express prior written consent of City. In the event of mutual agreement by the Parties to assign a portion of the Project, Contractor shall add the assignee as an additional insured to its insurance policies and provide City with the insurance endorsements prior to any work being performed by the assignee. Assignment does not include printing or other customary reimbursable expenses that may be provided for in this Agreement. 5.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force throughout the duration of the Project comprehensive general liability insurance, with carriers acceptable to City, with minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting its modification or cancellation except upon thirty (30) days prior written notice to City. A certificate of insurance and endorsements shall be delivered to City prior to commencement of the Project. 5.6 Business Auto Liability Insurance. Contractor shall have business automobile liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles used on the Project, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting its modification or cancellation except upon thirty (30) days prior written notice to City. Certificate of insurance with endorsements shall be delivered to City prior to commencement of the Project. 5.7 Liquidated Damages. Failure of Contractor to complete the Project within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Contractor shall pay to City, or have withheld from monies due it, the sum of Five Hundred Dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the Project. Contractor's execution of this Agreement shall constitute agreement by City and Contractor that Five Hundred Dollars ($500) per day is the minimum and actual damage caused by the failure of Contractor to complete the Project within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs. ARTICLE 6 - GENERAL CONSIDERATIONS 6.1 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 recover its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party. 6.2 All documents, records, drawings, electronic data files and data base, photographic prints and negatives, designs and specifications, cost estimates, and other Project documents developed by Contractor for the Project shall become the property of City and shall be delivered to City upon completion of the Project. 6.3 Contractor is, for all purposes under this Agreement, an independent contractor with respect to the Project and not an employee of City. All personnel employed by Contractor to perform the Project are for its account only, and in no event shall Contractor or any 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. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties. 6.4 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Project by City. 6.5 City may terminate this Agreement for any reason, at any time at its sole discretion, upon five (5)calendar days prior written notice to Contractor. 6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work associated with the Project and (2) deliver or otherwise make available to City, copies of any data, design calculations, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by Contractor in performing the Project. Contractor shall be compensated on a pro-rata basis for any work completed up until notice of termination. 6.7 This Agreement, including the exhibits incorporated by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein and any prior negotiations, proposals and verbal agreements relating to the subject matter hereof are superseded by this Agreement. Any amendment to this Agreement shall be in writing and approved by the City Council and signed by City and Contractor. of the State of California. 6.9 Claims by the Contractor in the amount of Three Hundred Seventy-Five Thousand Dollars ($375,000) or less shall be made by Contractor and processed by City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. 6.10 If any provision or part of this Agreement is held to be void or unenforceable under any law or regulation, it shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of this Agreement. CITY OF REDLANDS ATTEST: B Enriqu arfmez, Cid M_a�nger City Clerk BEST DRILLING AND PUMP INC. By �_64kj"j_- Date � _/0 Dean Garcia, Pump Division Manager Exhibit"All SCOPE OF WORK City of Redlands Job Quote Subject: Pump Station Orange Street, Well and Pump Rehabilitation Location: 580' west of Orange Street and 450' north of Riverview Drive Scope: Orange Street well was drilled in 1957 to a depth of 506 feet, with 20 inch steel casing the entire depth of the well. Perforations begin at 153 feet and end at 490 feet with 10 holes every 5 inches. Perforations are 5/16" in width and 2-1/4" in length. The well was designed to pump 2000 GPM and has significantly declined the past several years and is currently pumping 1100 - 1300 GPM. Throughout the past year the Orange Street well has tested positive for coliforms on several occasions. Orange Street well is a crucial source of water production to the City, due to its location and ability to supply blend water with Church Street well. Church Street well has percolate and the City must blend with water produced from Orange Street well per a California Department of Public Health permit. To increase Orange Street well's efficiency and long-term reliability, the City has determined rehabilitation of Orange Street well is necessary. Bid Item Specifications 1. Remove 255 ft. of 12" x 3" x 1-15/16" column assembly and an 8 stage bowl assembly. Bail out turbine oil from well, approximately 3-5 ft. If applicable, furnish a copy of waste removal manifest or recycle certificate. $ 2.480 2. Supply two color video surveys (DVD or CD format) of the entire length of the well. One before rehabilitation work and one after. $ 1,800 3. Perform 24 hours of brush and bailing of well to depth of 506 ft. Casing is 20 in. and perforations begin at 153 ft. and end at 490 ft. $ 5.616 4. Furnish and install 250 ft. of continuous 1/4 in. stainless airline with mounting bracket for snifter. Airline is to be stainless steel, banned to column. $ 654 5. Supply new pump bowl assembly, 2000 GPM � 372 ft TDH (Floserve or pre- approved equal) $ 9 53 6. Disassemble, inspect, document and rebuild 255 ft. of 12" x 3" x 1-15/16" column assembly. Include costs to replace: 5- 20"tube& shaft assemblies (complete) $— 3,843 5- 12"x 20' threaded column pipe with coupling $ 4,324 Total cost:$ 11,292 7. Reinstall pump and column assembly. $ 2,480 8. Supply& install new 250 HP motor US VHS WPI STD EFF 460/3PH 60 HZ High Thrust"P" Base 17,150 lbs. Down Thrust Capability. Frame# H445TTPA. Catalog# H0250S2SLHX. Warranty for two years. $ 15.390 9. Line item to include all taxes, freight, delivery, and special handling charges (overnight, next day, airfreight, etc.). $ 500 Total Price $ 49,750 OPTIONAL LABOR& MATERIAL COSTS 1. 3"x 1-15/16" line shaft bronze bearing(each) $ 81 2. 1-15/16" x 20' carbon steel line shaft(each) $ 378 3. 3"x 5' enclosing tube (each) $ 110 4. 12" x 20* column pipe (each) $ 865 5. 20' section column, tube, shaft assembly (complete) $ 1,633 Performance Schedule • Contractor will have 90 days from notice to proceed to complete the well and pump rehabilitation project. After 90 days liquidated damages of $500 per calendar day until project is finished. • Contractor will supply certified prevailing wage reports with all partial and final invoices. • City of Redlands insurance requirements are attached. Contractor must provide insurance requirements before or at the time of submitting bid proposal. Questions relating to insurance, contact Kim Braun, Risk Manager for the City of Redlands at 909-798-7679. • Questions related to bid items or to schedule a job walk, contact: Mike Taylor Ca, 909-798-7504 ext. I or Jerry Zysek @ 909-841-7660. Band#:2285715 Premium included with Labor&Materials Bond Exhibit"B" PAYMENT BOND WHEREAS, the City of Redlands (hereinafter designated as "City"), and Best Drilling and Pump Inc. (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete contain designated public improvements, which by said agreement dated Ian=-y,,. 28,,201 o-, and identified as("Project")is hereby referred to and made a part hereof,and WKWAS, under the terms of said agreement, Principal is required, prior to performance of the Project, to furnish a bond for the faithful performance of said agreement. NOW,THEREFORE,said Principal and the undersigned as corporate surety,are hold and firstly bound unto City in the penal sum of Forty Nine Thousand Seven Hundred Fifty dollars($49,750.00)lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors, executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs,executors, administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perforin the covenants,conditions and provisions In the said agreement and any alteration thereof made as therein provider,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless City,its officers, agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part ofthe obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. Tho surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF,this instrument has been duly executed by the Principal and surety named, on February 4 ,2010, Bond No. 2285714 11rst Drilling awl Pump, Inc. SEAT..) (SEAL) Insurance Company of the West tor) Mf r ty) W'\dA-^41!�>TrD� BY: (Signature) {Slgttature} homey-lura- act Address. 11455 El Camino Real San Dieg%f,;A YZ t J1J {Seal sad NoWial Acknowledgment of Surety) Telephone(559 ) 224-7778 No. 0004149 ICW GROUP Power of Attorney Insurance ance Company of an Weal Explorer Insatance Company Independence Casualty and Surety Company KNOW ALL til BY THESE PRESENTS: That Insurance Company of the West,a Corporation duty organized under the laws of the State of California, Explorer Insurance Company,a Corporation duty organized under the lases of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under ft laws of the State of Texas,(collectively referred to as the"Companies'%do hereby appoint JON H.NELSON,STELLA M.CHAVEZ,TODD P.NELSON,DENISE M.HANSE their true and lawful Attorney(s)-in-Fact with authority to date,execute.sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings.and odd similar contracts of suretyship,and any related documents. In wimeas w mwf,the Cies have caused these presents to be wrocutel by its duly authorized officers this 2nd day of January.2008. sW►'wr �No w o �� 'pe�Mt`° ,SEALEXPLORER,+ 1�►�LORE INSURANCECCOCE COMPANY OF MPMPANY 4W&t,io WEST o*iy ',•` v V INDEPENDENCE CASUALTY AND SURETY COMPANY ekrsaa* � T '9W ,► s� Jeffrey D.Sweeney,Assistant Secretary J.Douglas Browne,Senior Vice President State of California County of San Diego On May 21.2W9.before me,JoAnn Pache,Notary Public,personally appeat od J.Douglas Browne and Jefftey D.Sweeney,who proved to me on the basis of satisfactory evidence to be the persont(s)whose name(s)Ware subscribed to the within tnsbument,and acknowledged to the that they executed the some in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the inshvmeai. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tree and correct. Witness my hand and official seal Nttwati JOAW PAM MUM COM JoAnn Pache,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures mut seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President;an Executive or Senior Vice President of the Company,together with the Secrenary or any Assistant Seaotary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attorney(s)-in-Fact to date,execute.sign,seal,and deliver on behalf of the Company,fidelity and surety bands,un4ertaimp,and other similar contracts of Ruetyship,and any related docuntads. RESOLVED FURTHER: That the signatures of the officers making the appointment.and the signature of any officer certifying the validity and current atatu of the appointment may be facsimile rations of those signetnras;and the sigmriue and seat of any notary,and the seal of the Company,may be f icatmile reprantetions of those signatures and seals,and such facsimite representations shall have the same force and effect as if manually atfbw& The facannile represefttions refereed to heroin any be affixed by sbnpu g,pareitfng,typing,or ptrotocepyfng." CERTIFICATE I,the undersigned,Assistant Secretary of htsuraace Company of the West,Explorer Insurance Company,and hdependence Casualty and Surety Company,do hereby ow* that the foregoing Power of Attorney is in full force and effect,and has not beat revoked,and that the above resolutions were duly adopted by the respective Boards of Directors ofthe Companies,and are now in flail fare. IN WITNESS Wlil?ItEOF I peeve ser my hand oris 4th day of February 2010 J4�r - f Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,the above tamed indivfduai(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 EI Camino Real.Sam Diego,CA 92130-2045 or call(858)350-2400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County,of Com( Z YU Pa�i On °�' D !� afore me, �/Gl ye , Here Inert Name and Tfk of the personally appeared J1 f meta)or saner(:) who proved to me on the basis of satisfactory evidence to be the person(whose nameW istAre" subscribed to the within instrument and acknowledged to me that Wshe/thgy' executed the same in Walher/titir authorized capacitypes), and that by tjWher/ter signature(aj on the instrument the person 0,_gr the entity upon behalf of which the EJ1Ci�1VEt perso acted, executed the instrument. 81Ei;tA MA �#t&B692 i certify under PENALTY OF PERJURY under the Commkvs c�myC&Irte laws of the State of California that the foregoing �County � 9 � g Ex fres Mar 26.2013 paragraph is true and correct. WITNESS my nd and official seal. Signature: Place Notary Seat aneVor Stamp Above Signature N tary Pubic OPTIONAL Though the information below is not required by law,It may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): D Corporate Officer—Title(s): ❑ Individual ❑Individual e ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer is Representing: Signer Is Representing: y��os:easrr�o.�,.seo 02008 National Notary Assoaaion•9360 De Soto Ave.,P.O.Box 2402•Chalswtxth,CA 91313-2402•www.NdliDrWNotary.org nem N5907'Reorder:Call TW-Free 1.806876.8827 Bond#' 2285715 Premium: $547.00 Exhibit"C" LABOR AND MATERIAL BOND Whereas,the City of Redlands("City")and Best Drilling and Pump Inc. (hereinafter designated as"Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvetnents, which said agreement, dated January p , 2010, and Identifled as the well and pump rehabilitation project at the Orange Street Well site("Pmject")is hereby referred to and made a part hereof,and Whereas, under the terms of said agreement, Principal is required before entering upon the performance of the Project,to file a good and sufficient payment bond with City to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code. Now,therefore,the Principal and the undersigned as corporate surety, are held firmly bound unto City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Forty Nine Thousand Seven Hundred fifty Dollars($49,750.00)for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insuranco Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fears, including reasonable attorneys, fees, incurred by City in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein 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 claims under Title IS(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition. In witness whereof, this instrument has been duty executed by the Principal and surety above named, on February 4,2010 Bat Drilling and Pump, Inc, (SEAL) (SEAL) Insurance Company of the W st r ( r�" BY-10 (Signature Signature Denise M.H�pse Attorney-in-kart Address: 11455 El Camino Real San Diego,CA 9 1.0 (Seal and Notarial Acknowledgment of Surety) Telephone(559 )_224-7778 �'� Na 0004149 IC W GROUP Power of Attorney Iasnraaes Company of ttie West Explorer Insurasim Company Iadependeg"Casualty and Surety Congwq KNOW ALL MEN BY TIME PRESENTS: That Innumoe Company of the West,a Corporation daily organized ander the Iaws of the State of Cdff0 mix. BxpbRr insurance Company,a Cotporahm duly armed under the laws of the Safe of Califormw and independence Casualty and Surety Company,a C.apoation duly organized under the laws of the State of Texas,(cotloctively referred to as the'Companies*),do hereby appoint JON H.NELSON,STELLA M.CHAVEZ,TODD P.NELSON,DENISE M.HANSE their arae and iawfft Atbomey(s)-m-Fact with authority to date,execute,sign,sal,and deliver on behalf of the Companies,fidelity and surety bands.mtdertaldrtgs,and other similar ecntrae" of su oysi*and any reload doernaus. In witness wberoot the Compania have caused these presents to be c recused by its duly authorized offlem this 2nd day of January.2008. 44p. s INSURANCE COMPANY OF THZ WEST 1XPLORER U49URANCZ COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY JeiDey D.Sweeney,Assistant Secretary L Douglas Browm Senior Via Pres State OfCdif"ia )ss. County of San Diego On May 21,2009,before me,JoAm Pact%Notary Public,penooally appeared J.Douglas Browne and Jeffiey D.Sweeney,who proved to me on the basis of satfsflicsory evidence to be the persons)whose namne(s)talars subscribed to the within,instrument,and acknowledged to me that they axe mad the same in their awed apacides,arid that by drain signaures on the iestrume ,the entity upon behalf of which the persons acted,o wcuted 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 seat. tllgU�IlatAttarii Adds t �1► JoAnn Pache,Notary Public RESOLUTIONS This Power of Attorney is grained snd a signed,so and notarized with thamuile signoures and sub under authority of the followitrg resolutiaa adopted by the respective Boards of Dtroctoo of each of the Camp: "RESOLVED: That the Prmldett,an Executive or Senior Via President of the Company,toptha with the Secretary or any Assixtaot Secretary,ere hereby authorized to taascute Powers of Attorney appointing the person(s)named as Attemey(s)-in-Fact to date,execute,sign,seal,and deliver on behalf of ten Company.f3detity and surety bonds,undamidnp.and other similar contracts of uayshq,and any related documents. RESOLVED FURTHER: That the sipstrts of the officers malting she appolamnat,and the siven of any offloa certifying the"duhty and current mann of the appokst me w.may be Scsimmb repraer moa of those signatures,and the signature and said of say notary,and the seal of the Compsmy,may be hosimile eeprissenustlow of Mae signatures and seals,and such f uesimile representations doll harm the semis gree and effect as if mutually afteed. The tttsimila repraattataor refarrod to hack may be aftbced by stunpin&per•"M or p er" CERTIFICATE i.the under4iod,Anistemt Secretary of hiiniaoee Company of the Wost,Explorer Insurance Company,and Independence Casualty and Surety Compaay,do hereby oaedty that the Power of Atsmney is in Mi force and effect,and has not bean revoked,and that the shove mdutfons were duly adopted by the respom"Boards of Directon ofthe C impudes,ad are mow in fill face. IN WITNESS WHEREOF Iha"somyhanddds 4th day0f February 2010 J16r: - t4e� JefBey D.Sweeney.Assistant Secretary To verify the authenticity of this Power of Attorney you may all 1-60""-1 111 and ask for the Surety Division. Ptase refbr to the Power of Attorney Number.the above named individual(s)and details of the bond to which the power is attached. For m%rui tion or filing claims,Please contact Surety Claims,ICW Group, 11455 El Camino Red,San Diego,CA 92130-2045 or all(958)350-MM, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 6, YA 6� 1 Oq jflbefore me, ateHere Insert Name and Title of the Officer personally appeared'D,VA/1_Sl� A� Name(s)of r(s) who proved to me on the basis of satisfactory evidence to be the perso Kwhose namg,Wis/af subscribed to the within instrument and acknowledged to me that W�she/t d executed the same in h�eftr/tWr authorized capacity(), and that by MESA CHAVEZ er/tkir signatur9W on the instrument the Catrrnlsa"*1836M perso , or the entity upon behalf of which the No"Public-WorrAl pens n(�Yacted, executed the instrument. MY Catton =Mu 28 2013 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and official seal. Signature: Piave Notary Seel ardor Stamp Above OPTIONAL Sionmture of=Public Though the Information below is not required by taw,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual ❑Individual ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner---❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02008 National Notary Amociatbn•9350 De Soto Ave.,P.Q.Box 2402•Chatsworth,CA 91313-2402•www.Ne0onaft"." Item#5907 Reorder:Ceq Toto-Free/-800.87&8827 ACORD? CERTIFICATE OF LIABILITY INSURANCE DATE 009 PRODUCER (559)564-4495 FAX: (559)564-4516 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CARL, NELSON INSURANCE AGENCY INC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1519 N 11TH Ave ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Hanford CA 93230 INSURERS AFFORDING COVERAGE NAC# INSURED INSURER A:Hartford Insurance Co Best Drilling and Pump Inc INSURER Ek 2950 Oleta Lane INSURER C: INSURER D: Highland CA 92346 INSURER E: V 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. A R LIMITS SHOWN H MAY H YH VEB N C YP I INSR'�.ADD'L TYPE 4F INSURANCE I POLICY EFFECTIVE POLICY EXPIRATION LIMBS POLICY NUMBER DATE MNIDDIYY DATE(MWDDIYY GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY ED PREEMMISE50 R="nee S 300,000 I 413012009 4/30/2010 S 10,400 A X CLAIMS MADE IOCCUR 22T3FIVJ PERSONAL 4 ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE UMIT APPLIES PER: P $ 2,000,000 PDUCY Fx7c°r7 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 (Ea ac ddsnt) X ANY AUTO A X ALL 0,,NNEDAUT OS 22UCNJC8419 4/30/2009 4/30/2010 BODILY INJURY -.k..,,C�, a+�r_ (Per P--) $ SCHE DUI.En AUTOS `•`r 7 � HIRED AUTOS c. .. ` �-�:?`` BODILY INJURY S NOh.OWNEO AUTOS (Per axident) a PROPERTY DAMAGE ` n IfJ (Peraccident S GARAGELIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN SA ACC S AUTO ONLY: AGG 5 PD EXXCESLIABILITY S 4,000,000 OCCUR CLAIMS MADE AGGREGATE S4,000,000 A RDEDUCTIBLE 22RHVJC9260 4/30/2009 4/30/2010 S X RETENTION S 14 DO{IS WORKERS COMPENSATION AND �i�T OT EMPLOYERS'LIABILITY EL EACH ACCIDENT 5 ANY PROPRIETORfPAFMNER/EXECUTIVE OFFICE"EMBER EXCLUDED? E.L DISEASE•EA EMPLOYEE S If yes,describe under A OVI IONS below EL DISEASE-POLICY LIMIT S SPECIOTHER DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLESE=LUSIONS ADOIED BY ENOORSEMENTISPECIAL PROVISIONS certificate holder is named as additional insured with respect to General Liability per form attached BG 00 01 06 05. Is named as additional insured with respect to Auto Liability per form attached CA 20 48 02 99. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CAI,CELLED BEFORE THE City Of Redlands EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Finance Dept./ Risk Management 10 DAYS WRITTEN NOTICE TO THE CERTtFrATE HOLDER NAMED TO THE LEFT,BUT PO Box 3005 FAILURE TO DO SO SHALL IMPOSE NO OBLIOATION OR LIABILITY 5F ANY KIND UPON THE Red ands, CA 92373 INSURER,ITS AGENTS OR ftEPRESENTATNES. AUTHORIZED REPRESENTATIVE _. Nieolette Lopez/NICO ` ACORD 25(2401148] (D ACORD wORPORATION 1888 Page i of 2 INS025 pioa).aaa IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement :)n this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may rpqjire an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu cf such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the 'ssuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alterthe coverage afforded by the policies listed thereon. v V.4 ig ACORD 26(2001/02) INS025 pioap8a Page 2 ot 2 Check a License or Home Improvement Salesperson (HIS) Registration - Contractors Stat... Page 1 of 1 Contractors State License Board Contractor's License Detail - License # 826672 41 DISCLAIMER:A license status check provides information taken from the CSLB license database.Before relying on this information,you should be aware of the following limitations. CSLB complaint disclosure is restricted by law(B&P 7124.6), if this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071,17,only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number: 826672 Extract Date: 02/09/2010 BEST DRILLING AND PUMP INC Business Information: 2950 OLETA LANE HIGHLAND,CA 92346 Business Phone Number:(909)425-9998 Entity: Corporation Issue Date: 10/24/2003 Expire Date: 10/31/2011 License Status: This license is current and active.All information below should be reviewed. CLASS DESCRIPTION Classifications: C57 VVELL DRILLING(WATER) CONTRACTOR'S BOND This license filed Contractor's Bond number 100026664 in the amount of$12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date:07/18/2007 Bonding: Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer(RMO)MARK EARL BEST certified that he/she owns 10 percent or more of the voting stock/equity of the corporation.A bond of qualifying individual is not required. Effective Date: 10/24/2003 This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:059-0000400 Workers'Compensation: Effective Date:07/01!2005 Expire Date:07/01/2010 Workers'Compensation History BEFAMM Conditions of Use I Privacy Policy Copyright©2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asn 2/9/2010 POLICY NUMBER: 22UUVJC8419 COMMERCIAL ALTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement This endorsement identifies person(s) or organization(s)who are"Insureds"under the Who Is An Insured Provi- sion of the Coverage Form.This endorsement does not alter coverage provided In the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 4/30/2009 Countersigned By: -92 Named Insured: Best Drilling an&Purn I AP _p, ne A, t Authorized Re reser ative) EllPil SC.. DE Name of Person(s)or Organ ization(s): City of Redlands (if no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an"insured"for Liability Coverage,but only to the extent that person or organization qualifies as an "insured!' under the Who Is An insured Provision contained in Section 11 of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 11 of 1 POLICYHOLDER COPY NEI S- TATI:'- P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-01-2009 GROUP: 000059 POLICY NUMBER: 0000400-2009 CERTIFICATE ID: 142 CERTIFICATE EXPIRES- 07-01-2010 07-01-2009/07-01-2010 CITY OF REDLANDS NE FINANCE DEPT-RISK MANAGEMENT PO BOX 3005 REDLANDS CA 92373-1505 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the em:)Ioyer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy �HORIZED REP(7RESENTATI\6j PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - MARK BEST, P,T - EXCLUDED. ENDORSEMENT #1600 - JOHN KENNEDY, VP - EXCLUDED. ENDORSEMENT #1600 - MIKE KENNEDY, VP - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER BEST DRILLING AND PUMP INC BEST ENGINEERING 2950 OLETA CT HIGHLAND CA 92346 M0410 PRINTED : 06-16-2009 iREV.2-05) POLICYHOLDER COPY NE STATE P-0. BOX 420807, SAN FRANCISCOCA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-01-2009 GROUP: 000059 POLICY NUMBER: 0000400-2009 CERTIFICATE ID: 143 CERTIFICATE EXPIRES: 07-01-2010 07-01-2009/07-01-2010 CITY OF REDLANDS NE PO BOX 3005 REDLANDS CA 92373-1505 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 84 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. tTHORIZED REPRESENTATI r PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - MARK BEST, P,T - EXCLUDED. ENDORSEMENT #1600 - JOHN KENNEDY, VP - EXCLUDED. ENDORSEMENT #1600 - MIKE KENNEDY, VP - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER BEST DRILLING AND PUMP INC BEST ENGINEERING 2950 OLETA CT HIGHLAND CA 92346 M0410 (REV.2-05) PRINTED 06-16-2009 Company Profile Page 1 of 2 a COMPANY PROFILE Company Profile Company Search Company Information Company Search Results Company INSURANCE COMPANY OF THE WEST Information PO BOX 85563 Old Company SAN DIEGO, CA 92186-5563 Names 800-877-1111 Agent for Service Reference Old Company Names Effective Date Information. NAIC Group List back to top Lines of Business Financial Statements Agent For Service PDF's Annual Statements MARY CANNON 11455 ELCAMINO REAL Quarterly SAN DIEGO CA 92130 Statements CA Supplements back to top Company Complaint Company Reference Information Performance& Comparison Data � Company I NAIC #: 27847 Enforcement Action California Company ID #: 1 2071-9 -� Composite _ Complaints Studies Date Authorized in California: 05/17/1972 Additional Info License Status: UNLIMITED-NORMAL Find A Company _ Representative In Company Type: Property&Casualty Your Area View Financial State of Domicile: CALIFORNIA Disclaimer back to top NAIC Group List NAIC Group #: 0922 American Assets Grp back to top Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPro... 2/9/2010 Company Profile Page 2 of 2 LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS'COMPENSATION back to top Cc)2008 California Department of Insurance http://interactive.web.insurance.ca.gov/companyprofile/companyprofile9event--companyPro... 2/9/2010