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HomeMy WebLinkAboutContracts & Agreements_9-2009_CCv0001.pdf AGREEMENT FOR PUBLIC WORK PROJECT This agreement for Pump Station No. 38, Well and Pump Rehabilitation Project ("Agreement") is made and entered into this 22nd day of January, 2009 ("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 I - ENGAGEMENT OF CONTRACTOR 1.1 City hereby retains Contractor to complete Pump Station No. 38, Well and Pump Rehabilitation Project("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 per-form is more particularly described in Exhibit "A," which is attached hereto and incorporated herein by this reference. Exhibit "A" includes the Scope of Work. 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 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 Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373. 2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages 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. Layne Christensen-2009 No Bid Public Works 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 this Agreement. City shall promptly investigate the conditions and, if it finds that the conditions do materially so difTer 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 Project, and shall issue a change order under the procedures described in this Agreement. If a dispute arises between City and Contractor as to whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the Project, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by this Agreement or by law which pertain to the resolution of disputes 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 shall comply with Government Code section 4216 et seq. 2,12 Because this Agreement was exempt from competitive bidding, prior to commencement of the Project, Contractor shall provide City with the information otherwise found in Public Contract Code section 4104. Layne Christensen- 2009 No Bid Public Works 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' ANL} NOTICE 4.1 City shall pay Contractor the sum of Thirty Three Thousand Four Hundred Ninety Seven Dollars ($33,497.00) 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: Michael Taylor Water Distribution Supervisor City of Redlands P.O. Box 3005 Redlands, CA 92373 Contractor: Dennis Skinner Account Manager Layne Christensen Company 11001 Etiwanda Avenue Fontana, CA 92337 When so addressed, such notices shall be deemed given upon deposit in the United States mail; in all other instances, notices, bills and payments 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. =1 4.4 Pursuant to Public Contract Code section 22300, Contractor has the option to deposit securities with an Escrow Agent as a substitute for any monies withheld by City to ensure Contractor's Layne Christensen-2009 No Bid Public Works performance pursuant to Public Contract Code section 22300. 4.5 Pursuant to Government Code section 4215, City assumes the responsibility for the timely removal, relocation or protection of existing main or trunkline utility facilities located on the site of the Project, if such utilities are not identified by City in the plans and specifications attached as part of Exhibit "A." City shall compensate Contractor for the costs of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the Project necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay in completion of the Project, when such delay was caused by the failure of City or the owner of the utility to provide for removal or relocation of such utility facilities. However, City is not required to indicate the presence of existing service laterals or appurtenances whenever presence of such utilities on the Project site can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the Project site, provided that City must identify main or trunklines in the plans and specifications attached as part of Exhibit"A." 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,' Compnsation 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 per-formed 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. 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 negligent or intentionally wrongful act or omission of Contractor, and its officers, employees and agents, in performing the Project. Layne Christensen-2009 No Bid Public Works 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 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 ($1,040,000) 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 secure and maintain in force throughout the duration of the Project business automobile liability coverage, with minimum limits of One Million Dollars 01,040,000)per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used on the Project, hired and non-owned vehicles, and employee non-ownership vehicles. City shalt 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. 5.7 Liquidated Damages. Failure of the Contractor to complete the work 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 $500 for each consecutive calendar day in excess of the specified time for completion of the Project. Execution of this Agreement shall constitute agreement by City and Contractor that $500 per day is the minimum and actual damage caused by the failure of Contractor - d shall to complete the Project within the allowed time. Such sum represents liquidated damages an i - not be construed as a penalty, and may be deducted from payments due the 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 Layne Christensen-2009 No Bid Public Works 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 City al be deemed to have been employed by City or engaged by Ci 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 agreements relating to the subject matter hereof are superseded by this Agreement. Any amendment to this Agreement shall be in writing and approved by City and Contractor. 6.8 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 6.9 Claims by 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 clain-L-, shall be in writing and include the documents necessary to substantiate the claim. 6.10 If any provision or 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. Lavne Christensen-1-009 No Bid Public Works IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of this Agreement. CITY OF REDLANDS ATTEST: By Enri M C"Inez City rk City M ager LAYNE CHRISTEN,;SEN COMPANY B Date t ' ` Y Layne Christensen-2009 No Bid Public Works EXHIBIT"A" Lavne Christensen-2009 No Bid Public Works City of Redlands Job Quote Subject: Pump Station No.38, Well and Pump Rehabilitation Location: 90 Nevada St. Redlands Ca. 92373 Scope Well 38 was drilled in 1991 to a depth of I 100 feet, the casing is 16"I.D. with four stages of wire wrap well perforations starting at 540 feet. The well is designed to pump 1500 GPM and has continued to pump efficiently. Well 38 is a crucial source of water production to the City not only because of its high quality, but also due to its blending requirement with Well 39 water. With the loss of Well 38, Well 39 cannot be operated thereby the City losing production of Well 39. To ensure Well 38's long-term reliability and to ensure Well 39's continued use, City has determined rehabilitation of Well 38 is necessary. Bid Item Specifications I. Remove 250 feet of 12" x 3" x 1-15116" (VTP) vertical turbine pump. Bail of turbine oil from well, approximately 6-8 foot. If applicable flu-nish a copy of waste removal manifest or recycle�cefic�ate,. ', zw) :- ' ydollars. 3 '3> '2 2. Supply two color video surveys (DVD or CD format} of the entire length of the well. One ----�� before rehabilita 'on work done after. dollars. 3. Perform 24 hours brush and bailing of well to drilled depth of 1100'. Blank casing is 16" I.D. perforations are 16" I.D. of 45 slot double extra dollars. 4. Furnish and install 250' continuous !/4" stainless airline with mounting bracket for snifter and airline is to L_ stainless steel, banned column. -dollars. $ ell* 5. Rebuild and existing 8 stage Floway 14 DIAL pump bowl assembl. 7,,W, Y dollars. 6. Refurbish and install 250'existing 1-15116" line shaft and 3" shaft /9-- dollars.tube 49,2 8. Clean & chase threads, refurbish and install 250' existing 12"column . 51 -- 7, dollars. 9. Rebuild present USED 300 HP, 1775 RPM, frame 5006ph, 460 VAC, 60 cycle, Hu type, VHS, high thrust, ID No.: 6564V0IU281R074M4. Reconditioned motor is to include, 3 new 7226 thrust bearings, one 6219 guide bearing, rewind stator for 460vac part winding start, 115vac space heaters, balance and test rotor for open bars. Finished overall vibration level 2.0 mills or less. Replace oil site glasses, clean and paint all parts, exterior paint desert tan. Warranty for one year. UN Of 10. Line item to include all taxes, freight, delivery, and special handling charges (overnight, next day, airfreight, etc-). D dollars. Total Price in Figures OPTIONAL LABOR& MATERIAL COSTS 1. New pump bowl assembly, 1600 GPM (@. 575 TDH ' dollars. 2. 3"x 1-15116" line shaft bronze bearing(each) :!5"eIZZ,.,2--& ► a - dollars. 74 3. 1-15116"line shaft'(each) :4 r7-,* 4,f47- dollars. J� 4. 3" shaft tube (each) dollars. 5. 12"x 20' column 'pe each dollars. 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, Administrative Analyst for the City of Redlands at 909-798-7679. • Questions related to bid items or to schedule a job walk, contact: Mike Taylor @ 909-798-7504 ext. I or Jerry Zysek @ 909-841-7660. Exhibit "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Project: Pump Station No. 38, Well and Pump Rehabilitation Project Every employer except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self- insure, either as an individual 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. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against 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 of this Agreement. (Labor Code §186 1). Layne Christensen Company Date: By: J14,-/4--,4L= -5 ) 00 11 DenfAs 91 M*Aff"am Contractor's License No. T)o\- cd Los wck-!V� ey- Lavne Christensen- 1-009 No Bid Public Works Bond No. 105200630 Exhibit"B" PERFORMANCE BOND WHEREAS, the City of Redlands (hereinafter designated as "City"), and Layne Christensen Company (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated January 22, 2009, and identified Pump Station No. 38,Well and Pump Rehabilitation Project("Project'`)is hereby referred to and made a part hereof,and WHEREAS, under the terms of said agreement, Principal is required, prior to performance of the Project, to famish a bond for the faithful performance of said agreement. NOW,THEREFORE,said Principal and the undersigned as corporate surety,are held and finely bound unto City in the penal sum of Thirty Three Thousand Four Hundred Ninety Seven Dollars($33,497.00),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 perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,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 mill and void;otherwise it shall be and remain in Rill force and effect. As a part of the 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. Thesurety 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 instrurnent has been duly executed by the Principal and surety named, J on Uanuary 22 2009. Bond No. 105200630 Layne Christensen Company 11001 Etiwanda Avenue (SEAL) Travelers Casualty and Surety Company (SEAL) FoKana, Q 92337 n of America tract BY: J J are N A ancy A. over , ( ignature) ttorney-in-Fact Address:0ne Tower. Square-- Hartford,_ —CT 06183-6014 (Seal and Notarial Acknowledgirent of Surrety) Telephone( 860 )277-0111 Layne Christensen-2009 No Bid Public Works PRINCIPAL ACKNOWLEDGMENT STATE OF COUNTY 0R-,- On JdPiUdrj before me, a Notary Public in and fo the a ove county, personally appeared , who proved to me on the basis of satisfactory evidence to be the p son whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. IN WITNESS WHEREOF, 1 have hereunto subscribed by name and affixed my official seal the day and year first above written. My Commission Expires: Mdtij Signature of Notary SURETY ACKNOWLEDGMENT STATE OF MISSOURI ) COUNTY OF JACKSON) On January 22, 2009 before me, Kristina L. Fielder, a Notary Public in and for the above county, personally appeared Nancy A. Clover, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she is Attorney-in-Fact of Travelers Casualty and Surety Company of America, a corporation organized and existing under the laws of the State of Connecticut, that the seal affixed to the foregoing instrument is the corporate seal of the said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledged the said instrument and the execution thereof to be the voluntary act and deed of said corporation by his/her voluntarily executed. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and year first above written. My Commission Expires: 06/02/2012 Si to of Notary KRISTINA L FIELDER Notary Public- Notary Seal STATE OF MISSOURI Cass County My Commission Expires: June 2, 2012 Commiur , r # C?:,'�x67246 WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER / OWER OFATTORNEY f TRAY�{ELERS J Farmington CasualtyCompany p St.Paul guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paxil Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety' Company of America � St.Paul Eire and'_urine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. C:s rtilicate w o, 0 6 0 110-11. 0s.5 220601. KNOW ALI,MEN BY THESE PRESENTS That Seaboard Surety Company is a corporatism caul} organized under the laws of the State of New York.that St.Paul. Fire and Marine,Insurance.Company,St.Paul.Guardian Insurance Comp anv ansa St.Paul Mercury Insurance Company are corporations dole organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are, corporations duly organized trader the laws of the State of Connecticut,that Un ted States Fidelity and Guaranty Company is a corporation drily organized under the laws of the State of Maryland,that fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of lova,and that Fidelity arid Guaranty Insurance Underwriters,Inc, is a corporation drily organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make.,constitute and appoint. Melissa D.Evans,Patrick T.Pribyi,Debra J.Scarborough, David M.Lockton,Christy M.McCart,Mary T.Flanigan, Ronald J.Lockton,Clifford B.Young, Claudia Mandato, Laura E.Coon,Jeffrey C.Carey,Kathy L. Fagan,Charles R.Teter III,Adam J.Cantu.Laura M.Murren,Nancy A.Clover,and Mark Duggan of the Crty or State � —Ir�dt2'. — :heir true and lawful Attc�rr e ! j-n Fact, each in theitate o r separate capacity ifincne than one is named above,to sign,execute,seal and Iacknowledge any and all hands recognirarces,conditional undertakings and s other evratmgs oblr atory in the nature thereof on behalf of the Con paanies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakin"s required or permitted in any actions or proceedirn s allowed by law. s IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their coo porate seals to be hereto affixed.this 7th day of November . 2008 Farmington Casualty Company g y St.Paul Guardian Insurance Company � Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Gee ( n+�4�°4}0tt�tj , s.7!! 7 1cJ :fi l I e NiPTFOFIDf � a y } c4 .M "C ,�.Ct�il.S" State of Connecticut By: — --City of Hartford ss. Georg thcrn ,oi,�nunr aiscnt 1ice On this the. 7th day of November 2008 before,me personally appeared George W.Thompson,who acknowledged himself Vice to be the Senior Vicc President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and.Gaaranty Insurance l.indexwriters. Inc.. Seaboard Surety Company, St. Paul Fie and Marine. Insurance,Company, St. Paul Guardian Insoratace Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Traveler,Casualty and Surety Company of America, and t,',rted State,Fidelity and Guaranty C"s.rllla<any, and that he. .as such, being authorized ser to do,executed the foregoing instrument for the pure ses therein contained by sit ning on behalf of the corpormions by himself as a du€ly authorized officer. T+ In Witness Whereof I hereunto et in rand and official yI}'Ce tir,r sr=n expires the 30th dab Of aurae,-10 1 i- lB#.1 Ar -- `✓t-tragi 58440-5-07 Printed it U. ,A. AVPGCVFACN NVALI`WITHOUT UT THE RED BIRDER Bond No. 105200630 Exhibit"C" LABOR AND MATEMAL BOND Whereas, the City of Redlands ("City") and Layne Christensen Company (hereinafter designated as "Principal")have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated January 22, 2009, and identified as Pump Station No. 38, Well and Pump Rehabilitation Project('Troject")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 Thirty Three Thousand Four Hundred Ninety Seven Dollars($33,497.00), for materials 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 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 fees, 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 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code,so as to give a right of action to theirt 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 duly executed by the Principal and surety above named, on January ,22 2009, Layne Christensen Company Travelers Casualty and Surety Company 11001 Etiwanda Ave. (SEAL) (SEAL) Fon�jna, CA 92337 och of America actor) BY: Ay,1fi J r/1711 _7 laver` (Signature) Nancy A. (Signature) Attorney-in-Fact Address: One Tower Square Hartford, CT 061-83-6014 (Seat and Notarial Acknowledgment of Surety) Telephom(860 ) 277-0111 Layne Christensen-2009 No Bid Public Works PRINCIPAL ACKNOWLEDGMENT STATE OF } COUNTY OFO I before me, _ a�� �i r" e, a Notary Public in and for the above county, personally appeared Am) Mm; who proved to me on the basis of satisfactory evidence to be the pe an whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and year first above written. t t My Commission Expires: Alk watwy Pubft e callf0fr4a SM ftmwd1no County zs Signature of Notary SURETY ACKNOWLEDGMENT STATE OF MISSOURI } COUNTY OF JACKSON} On JanuarV22, 2009 before me, Kristina L. Fielder, a Notary Public in and for the above county, personally appeared Nancy A. Clover, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she is Attorney-in-Fact of Travelers Casualty and Surety Company of America, a corporation organized and existing under the laws of the State of Connecticut, that the seal affixed to the foregoing instrument is the corporate seal of the said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledged the said instrument and the execution thereof to be the voluntary act and deed of said corporation by his/her voluntarily executed. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and year first above written. My Commission Expires: 06/02/2012 §)gKature of Notary HI DEQ rttary PubliL i otari Seal STATE OF NUSSOURI I Cass coun"ty I IMY Commission :x t s- june 2, 20121 r+ '% WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and C>uaracity Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company a Seaboard Surety Company `travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. or 22a iCertificate No. 0�` 9 _I_ 6 .. . KNOW ALL MEN BY THESE PRESENTS:That Seaboard Suety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul.Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of.America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation drily organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and[halt the Companies do hereby make,constitute and appoint Melissa D.Evans,Patrick T. Pribyl,Debra J,Scarborough,David M.Lockton,Christy M.McCart,Mary T.Flanigan, Ronald J. Lockton,Clifford B.Young, Claudia Mandato, Laura E.Coon,Jeffrey C.Carey,Kathy L. Fagan,Charles R.Teter III,Adam J.Cantu,Laura M.Murren,Nancy A.Clover,and Mark Duggan of the Ctrx of — cn obitN if State of, their true and lawful Attornecfs)-m-Fract, each in their separate capacity if mare than on is name aboxe,tc}si,grc execute,seal and acknowledge any and all brands..rc c,ignizances,conditional undertakings and r other cyritings li atory in the nature thereof can behalf of the Companies in their business >f gtraranteein the fidelity of Pers€>ra , gu4tranteein the performance of her contracts and exp outing or guaranteeing bonds and undenakin;s required or permittee'in ant actions or proceedings allo'ed by hok. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto aft£xed,this 7th da)e of November 2008 , Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company r Fidelity and Guaranty Insurance Underwriters,Inc, Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity,and Guaranty Company r �i 'a aS,y e rr_,1�4,, y96f _ uaaT Dual. ii§itr rrrx �Y `'1 �t � ,t • � :ale.xr.ori. _�a SEA.L,i.�= cervi. � sa. 8 � l896 State of Connecticut By: City of Hartford ss. — ----.. ------... C:rea7re 7'horrip 0e tnic7r ice.President On this the 7th .0 day of November --- - 2'708 before m personally appeared George W,Thompson,when acknowledged himself' to be the Senior Vice President of Farmington C tsuafty ,Corupauv Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance. Underwriters, Inc.., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St, Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Travelers,Casualty and Surety Company of:America and United States Fidelity and Guaranty Company,and that he, as such, bein authorized so to do,executed the fore boinz=instriuncnt f'z'rr the pu; abrs-,herein contained by signing on ltchalf of the corporation' by himself as duly authc,ized officer. In Witness Whereof I h reu t=set r st hand and official seal. � d yiy Commission expiresthe 30thof v cat June, [sr I, ' 18Lf * ?'a 3��'.7ct�„�ai�,�,tats Piaetr t 58440-5-07 Printed in U.S.A, 1 f _ I(S I ` sreM, oe CAr.=RW-k DEPARTMXNT OF INSURANCE UK FMCISCO Amended Certificate of Authority T=rs TO Cwt T&--,par=wrt to the rr=MnC.0 Coda G'f AS 3tc a of Cc.£tfmnlla, Travelers Casualty and Surety Company oe Rmericm Of Hartford, Connecticut , cKgcnf-.--duslerthe lc=of Connecticut ,=e fcC_to i:s drbi:Tu'af rrr or other ftcrti3rsrrtier.,� as tern .-� i�ci doC.�rner��, Tiereby a: -.ted to t&C s b this sus, v6fecf to alI prosqpeostt of this CertFfrcate, the folLowig, cl=e:of asssaf Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compendatio7, Common Carrier Liability, Boiler and Machinery, Burglary, Crad.it, Sprinkler, Team and Vehicle, XQtomabile, Aircraft, and Mia=allaneaus 6a svrh d=&,st are now or may haredto be d6 fawd fr;the Inruarms Lazy of the SEafs of Califa stit. i�as CM==A'TE is =Praecly cr {tlancd upas rhe holder tcreaf M= cnd hsraafeer brLV i+-t full C&mplies.6 W'-'A all,and rut is ofa101(on of anis,of the aYpli=ble latae and tawfcad fsqufrc:rwnta ode under at;6iorftw of the Za=of:h€Ratr of Calffarnia rr lord as such IatDs or requi;erWnfa are in efayf end cppticabie,and as such laws cnaroqulr8mesits nbw are, or rtzzy hrreafrt-Be changed or amended IN Wrrhes WAP, e cc:fcaa ar of the <s _._.._._.darty of Jul V , 19-9-Lp I haw heresxto rst y my Land and racscd MY Of idd rt;55I to bs a5=d f. , 16 fps day cF ,3u IIs hu ck gu e By �uali&at3na� .a tFrn Sera'.�.-y of S`��s:st be na�°uPLss�3 cs r�,uiz� �K Ca3S pra=;rdyy tfbur SsCttars of Ff.iiia Cita eE tuC 'y.Bre ats tz 'Ic ea Q-Q 5e it 7al a'Li will ba*a=U3t for rVw1:5rg this C=tfsctia M1'kUL1 1!T 7i,-ntt5a to t1ja Mv='r--ts=1.38 in L'mtSoa cVfrr=d case= ��...as b w.•t ACORD,, CERTIFICATE OF LIABILITY INSURANCE PRODUCER ; 1;2004 DATE16�00 Lockton Companies.LLC-1 Kansas Cin- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 444 W.47th Street,Suite 900 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kansas Cir MO 64112-1906 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR (816)960-9000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, I INSURERS AFFORDING COVERAGE NAIC# INSURED LAYNE CHRISTENSEN COMPAN`t' INSURER A: ACE AMERICAN INStIILANCE Co 426 11001 ETIWANDA AVENUE PHONE: (909)390-2833 INSURER B: A.M.BEST RATING:A4-Xti FONTANA.CA 9233' INSURER C: � INSURER D: INSURER E: COVERAGES LA1 INU 1 NK THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING lNSURER(5),AUTHORIZED REPRE5ENTATIVE OR PRODUCER ANO THE CERTFICA7E HOLDER. 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 MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT S ALL THE TERMS,EXCLUSIONS AND CONDITIONS D SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' LTR INSRE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE(MMIDID DATE(MM/DD/YY) LIMITS GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY HDOG23738909 EACH OCCURRENCE $ 2,000,000 5/1/2008 5/1/2009 DAMAGETORENTED PREMISES Ea occurence $ 500,000 CLAIMS MADE X OCCUR X CONTRACTUAL MED EXP(Any one person) $ 10.000�� PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMI7 APPLIES PER: X POLICY PRO- PRODUCTS-COMP/OP AGG $ 5,000,000 JECT LOC AUTOMOBILE LIABILITY A X ANYAUTO ISABO8233937 5/1/2008 5/1/2009 (EaCOMaccident)dentINED SINGLEUMIT $ 2,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ XXXXXXX X HIRED AUTOS X NON-OWNED AUTOS BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE GARAGE LIABILITY (Per accident) $ }{}XXXXX ANY AUTO NOT APPLICABLE AUTO ONLY-EA ACCIDENT $ XXXXXXX OTHER THAN _EA ACC $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX EXCESS/UMBRELLAL1ABILITY OCCUR CLAIMS MADE NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX DEDUCTIBLE 0 UMBRELLA $ FORM XXXX30CX RETENTION $ $ XXXXXXX WORKERS COMPENSATION AND $ XXXXXXX 4 EMPLOYERS'UABILITY WLR C44-462692(AOS) X WC STATU- OTH- A ) 5/1/2008 5/1/2009 TORYLIMTS ER ANY PROPRIETORIPARTNEWEXECUTIVE SCF 044462734(WI) 5/1/2008 5/1/2009E.L.EACH ACCIDENT $ 5,000,000 OFFICER/MEMBER EXCLUDED? If yes,describe under NO E.L.DISEASE-EA EMPLOYE $ 5,000,000 SPECIAL PROVISIONS below OTHER El,DISEASE-POLICY LIMIT $ 5,000.000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS I I CERTIFICATE HOLDER CANCELLATION 3663860 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'TY OF REDLANDS DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 OAY5 WRITTEN TNI : FINANCE DEPARTMENTIRISK MANAGEMENT DIVISION NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Y_O.BOX 3005 REDLANDS CA 92373 W IMPOSE NO OBLIGATION OR LBIUTY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHOR PRESENTATIVE NCORD 25(2001/08) Far gwstions regarding Nis c-tifiwte,comaa the number iisted in the'Pr"d 1 sec ion above and sr—ey Ne ciie ode' Npt'_ ©ACORD CORPORATION 1988