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HomeMy WebLinkAboutContracts & Agreements_22-2010_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT This agreement for the construction of well and pump rehabilitation work at the City of Redlands' Agate 2 well site ("Agreement") is made and entered into this�4k day of February, 2010 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and South West Pump and Drilling, 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 Agate 2 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 1.776 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 1.81.0. 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 of9 oods, 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 Five Thousand Two Hundred Sixty Eight Dollars ($45.268.00) 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: Brian Jeffers South West Pump and Drilling, Inc. 53-381 Highway I I I Coachella, CA 92236 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 Primarv. 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 by Agreement extends to any claim brought , or on behalf of, any Zn W employee of Contractor. This waiver is mutually negotiated by the Z1- 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. 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 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 71EnriquiMr(m6z. "ager City Clerk SOUTH WEST PUMP& DRILLING, INC. B y� 7Z Date Brian Jeffers, Branch Manager Exhibit"A" SCOPE OF WORK City of Redlands Job Quote Subject: Agate 2 Well and Pump Rehabilitation Location: 1580 Agate Avenue Scope: Agate 2 was drilled in 1980 to a depth of 627 feet; with 20 inch casing 0 to 500 feet and 16 inch casing 500 feet to 627 feet Perforations begin at 283 feet and end at 465 feet. Perforations are horizontal louver, 3/16 inch in diameter and 2.5 inch in length. The well was designed to pump 2300 GPM and has significantly declined the past several years and is currently pumping 1500 GPM. In 2006, 120ft. of 10-inch Aquastream was installed on the suction pipe of Agate 2 to alleviate the pumping of sand from the well. Agate 2 is a crucial source of water production to the City, not only because of its high quality, but also due to its location, and it being source water to blend with other wells to meet Department of Public Health requirements. To increase Agate 2's efficiency and long-term reliability,the City has determined rehabilitation of Agate 2 is necessary. Bid Item Specifications 1. Remove 480 ft. of 10" x 2.5" x 1.5" column, bowl assembly and Aquastream suction pipe. Bail out turbine oil from well, approximately 3-5 ft. If applicable furnish a copy of waste removal manifest or recycle certificate. $— 2,900 2. Supply two color video surveys (DVD or CD format) of the entire length of the well. One before rehabilitation work and one after. $ 1,500 3. Perform 24 hours of brush and bailing of well to depth of 627 ft. Casing is 20 in. from 0 to 500 ft. and 16 in. 500 ft to 629 ft. Perforations are horizontal louver 3/16" in width and 2.5" in length. Beginning at 283 ft. and end at 465 ft. $ 4,400 4. Furnish and install 480 ft. of continuous 1/4 in. stainless airline with mounting bracket for snifter.Airline is to be stainless steel, banned to column. $ 800 5. Supply new pump bowl assembly, 2':�00 GPM Ca 224 ft TDH (Floserve or pre- approved equal) $ 7,000 6. Disassemble, inspect, document and rebuild 335ft. of 10" x 2.5" x 1.5" column assembly and 120 ft. of 10" Aquastream suction pipe assembly. Include costs to replace: 5-20*'tube& shaft assemblies (complete). $ 2.500 5- 10"x 20' threaded column pipe with coupling. $ 3,200 Total cost: $— 9.,720 7. Reinstall pump and column assembly and Aquastream. $ 3,000 8. Supply and install new 200 HP motor US VHS WPI STD EFF 460/3PH 60HZ High Thrust"P"Base 17150 lbs Down Thrust Capability. Frame# H445TPA Catalog# H0200S2SLHX. Warranty for two years. $ 13,000 9. Line item to include all taxes, freight, delivery, and special handling charges (overnight, next day, airfreight,etc.). $ 2,948 Total Price: $ 45,268 OPTIONAL LABOR& MATERIAL COSTS 1. 2.5"x 1.5" line shaft bronze bearing(each) $ 40 2. 1.5"x 20' carbon steel line shaft(each) $ 250 3. 2.5"x 5' enclosing tube (each) $ 60 4. 10"x 20' column pipe(each) $ 640 5. 20' section column,tube, shaft assembly(complete) $ 1.100 6. Suction device installed in place of Aquastream. (provide documentation) $ 4.185 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 @ 909-798-7504 ext. I or Jerry Zysek @ 909-841-7660. Bond #2303296 Premium: $498.00 Exhibit "B" PAYMENTBOND WHEREAS, the City of Redlands (hereinafter designated as "City"'), and South West Pump and Drilling, Inc. (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 February q_.__., 2010, and identified as("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 furnish a bond for the faithful performance of said agreentent. NOW,THEREFORE,said Principal and the undersigned as corporate surety, are held apd firmly, bound unto City in the penal sum of Forly Five Thousand Two Hundred Sixty E;aht d1ol'ars(S45,268,00', lawful mors-, of the United States,for the pas'niert of which sum well and truly to be-nade.we bind ourselves.our heirs. successors,executors and administrator .jointly and severully, rinrdy by these presents. The condition of this obligation is such that,if the alboveltxwnded principal. his orit's heirs,executors., administrators,successors or assigns.shall in all things stand to and abide by,and we'l and trub, keep and perform the covenants,conditions and provisions in the sass agreement and any alteration thlereof made as therein Provided.on his or their part,to he kept and per for-med,at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnifk and save harmless City, its officers, agents and employees,as therein stipulated,then this obligation shall b-c-come null and void.,other,'k,Ise it shall be and remain in fall force and effect. As a pan of the obligation secured hereby and in addition to the Pace amount specified therefore,there shall be included costs and reasonable expenses and fee---5,, includinlif reasonable attorney's fees, incurred by Civ, in successfulli enforcing such obligation,a-it to be taxed- as costs and included in a r1%,J s iuda ent rendered. The surety hereby stipulates ank-11 agrees that no change.extension of firne,alteration or addition to the terns of the agreement or to the work to he perfortned thereunder or the specifications a comp n-ving'he same shal I in anw�vise afffect,its obligations on this lbond,and it does hereby oaive nonce aff-aha., sw,"+;change.extension of time, alteration or addition to the terms of the kgreetent or to,the vi or or to the specifi ications, IN WITNESS WHEREOF,this instrument has been dulN executed by the Prncipal and surety narned, on Feb. -3 2010. Bond No, 2,303296 (SEAL) (SEAL) SOUTH WEST PUMP & DRILLING, ;NC. INSU)tAqCE COMPANY OF THE WEST BY: .....................................Mi f Ann Willard (Signature) Attorney-in-Fact Address: 10509 Vista Sorrento Pkwy 4310 San_ (Seal and Notarial Acknowledgmert of Suretv) Tele-PhOne858 Bond #2303296 Exhibit -C" LABOR AND MATERIAL BOND Whereas, the City of Redlands ("City") and South West Pump and Drilling Inc. thereinafter designated as -Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated February , 2010, and identified as the well and pump rehabilitation project at the Agate 2 well site("Project")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 surery', 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 Five Thousand Two Hundred Sixty light Dollars ($45,268.00) for materials turnished or labor thereon of any kind. or for amounts due Linder the L;nemplo%ment Insurance Act with respect to such work or labor. that said surety %v(ll pay the sianie in an amount not exceeding the ainount hereinabove set f'orth, and also in case suit is btht ur-mon this bond, will pay'. in anddivion to the face amount thereof costs- and reasonable exp enses and fees, including reasonable aftome\s' fees. incurred by City in successfully enforcing such obli, anon, to be awardled and fixed bv the court. andw be taxed as costs and to,be included in the judgment therein rendered, it Is hereby expresshy, stipulated and agreed that this hond shall insure *10 thl- enc it of am and all persons. n# antes and corporations entitled to file claims under Title 15 (cornunenctat; v.ith Section M21) ofPar, 4 of Division J of the Civil Code. so as to give a nght of action to them or their a-signs it., any suit brought upon this lsond. Should the condition of this tx)nd be fully perfortted.then this obfiggwisir, shall become null said void.otherwise it shall lie and remain in fi-di force and effect. The surety hereby supulazes and agrees that no change, extension of time, alteration or addition to the ter-nis of said reel €i or tIe specifications accompanying the same shall in any manner afffiect its obligations on this bond.and it does herebN, waive notice of any such change,extension of time,alteration or addition, In -,vitaess her of this instrurnent has been duiv executed by the Principal and surety, abo-,-e name on �Feb,,_1,20.10--, (SEAL) (SEAL) SOUTH WEST PUMP & DRILLING, INC. INCE COMPANY OF -'HE WEST BY: Ann Willard (Signature) Attorney-in-Fact Address10509 Vista Sorrento Pkwy. #310 92121 (Seal and Notarial Ackno%4edgment of Surety) Telephone(85 8 )-5-5S-3-7JJ0-------"-- No. 0004214 ICW GROUP i Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the taws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the`Companies"),do hereby appoint I PAUL,W.L,EWIS,ANN WIL,L,ARD,DIANE M.NIELSEN their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings..and other similar contracts of suretyship,and any related documents. i In witness whereof.,the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January,2008. Y'UVB•...,. "OMPAkYG,c�bQ„�I�pPO>R CF' ,ee 0SPONft,¢ v° tic, C , ���( �/ -Y' `, INSURANCE COMPANY OFTHE WEST o SEAL I r s i EXPLORER INSURANCE COMPANY _ ' '�a4 ° y' INDEPENDENCE CASUALTY AND SLIRF,TY COMPANY C44mDWs Q JetTrey D.Sweeney,Assistant Secretary I.Douglas Browne,Senior Vice President State of California ;ss Countyof San Diego On May 21,2009,before me,IoAnn Pache,Notary Public,personally appeared J Douglas Browne and Jeffrey D.Sweeney,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal_ JOANN PACHE •» M tCOMW #1848OD4 t� 1 SAN D SW COUNTY MyConwftskm r1 �'j 2M JoAnn Pache,Notary Public i 1 RESOLUTIONS i This Power ofAttorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of-the Companies: "RESOLVED: "Ihat the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attorneys)-in-Fact to date,execute,sign,seal,and deliver on behalfofthe Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if' manually affixed. The facsimile representations referred to herein may he affixed by stamping,printing,typing,or photocopying." CERTIFICATE f,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not revoked,and that the above resolutions were duly adopted by the respective Boards of Directors ofthe Companies,and are now in full force, Q� IN WI'T'NESS WHEREOF,I have set my hand this r -_ � day of Jeffrey D-Sweeney,Assistant Secretary I � 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 named individual(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,San Diego,CA 92130-2045 or call(858)350-2400, STATE OF CALIFORNIA COUNTY OF RIVERSIDE ON Ae , 3 2010 BEFORE NII, LINDA ROCHA, Notary Public PERSONALLY APPEARED: ANN WILLARD who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument & acknowledged to me that she executed the same in her authorized capacity, and that by her signatures on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certity, under penalty of perjury under the laws of the State of California that the forego.ing paragraph is true and correct. WITNESS mv hand and official seal. LINDA ROCHA commisslon # 1777932 2 Notary Public -California Riverside County &VCa=,B#wNav23,2011 Signatures L' da Rocha, Notary ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY CJFRIVERSIDE ON |O. BEFO'RE ME, [.V\AASDORP. Nc¢aryPub|ic PEFSCJNAL[/APPEARD: CURTISMCCAL 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 executed the same in his authorized capacity, and that his signatures on the instrument the person' or the entity upon behalf ofwhich the person acted, executed the instrument. | certify under penalty ofperjury under the laws mf the State ofCalifornia that the foregoing paragraph istrue and correct. C.wjuks� WITNESS d an officW seal. COMM.C$34699 RNM IDE COL*M Signature: �-- ����^=�~~' w~ C.Waasdorp, Nota ' PURPOSE ACKNOWLEDGMENT �^ Feb. 3, 2010 Insured: South West Pump &Drilling, Inc. Policy. 22 UEVJC 6817- Hartford Underwriters Insurance Company This endorsement changes the policy. Please read it carefully. ADDITIONAL INSURED- AUTOMATIC STATUS PER CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following persons or oreanizations are an additional insured when you have a�reed 'in a written contract or agreement,that�uch person or organization be added as an additional insured on your policy,proviJed the loss occurs subsequent to the execution of the contract or agreement. The additional insured status applies only f6r that period of time required by the contruct or agreement. HG 00 0106 05 PRIMARY Coverage provided by this policy shall be primary insurance but only as respects.any claim, loss or c' dthe operations of the named insured and any insurance maintained by the additi�nal insureds shall be non-contributing. WAIVER OF SUBROGATION It is agreed that the companies reflected on Certificate waive any right of subrogation against the additional insureds which might arise by reason of any payment unaer the policy. SCHEDULE Name of person or organization City of Redlands LICENSE #oFO,)o43 Feb. 3, 2020 South West Pump & Drilling, Inc. Carrier: Hartford Fire Insurance Co. #22UEV JC 6817 This endorsement modifies insurance provided under the following: Business auto coverage form WHO IS AN INSURED is amended to include as an insured the person(s) or organization(s) shown in the schedule below, but only with respect to their liabaility arising out of: a) your work for the additional insured(s) at the locations designated, or b) acts or omissions of the additional insured(s) in connection with their general supervision of "your work" at the location shown in the schedule. Waiver of subrogation - It is agreed that the above captioned insurance company waives any right of subrogation against the additional insured which might arise by reason of any payment under the policy. Additional insured: City of Redlands LICENSE #MF09643 Check a License or Home Improvement Salesperson(HIS) Registration- Contractors Stat... Page 1 of 1 Contractors state License hoard Contractor's License Detail - License # 723919 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: 723919 Extract Date: 02/11/2010 SOUTHWEST PUMP&DRILLING INC Business Information: 53-381 HIGHWAY 111 COACHELLA,CA 92236 Business Phone Number:(760)398-3977 Entity. Corporation Issue Date: 06/13/1996 Expire Date: 06/30/2010 License Status: This license is current and active.All information below should be reviewed. CLASS DESCRIPTION Classifications: C57 WELL DRILLING(WATER) CONTRACTOR'S BOND This license filed Contractor's Bond number 2174074 in the amount of$12,500 with the bonding company INSURANCE COMPANY OF THE WEST. Effective Date:01/01/2007 Contractor's Bonding History Bonding: BOND OF QUALIFYING INDIVIDUAL 1. This license filed Bond of Qualifying Individual number 2174075 for ROBERT JAMES MC CALLA in the amount of$12,500 with the bonding company INSURANCE COMPANY Of THE WEST. Effective Date:01/01/2007 BQI's Bonding History This license has workers compensation insurance with the ARCH INSURANCE COMPANY NAIC Policy Number:ZAWC19158100 Workers'Compensation: Effective Date:04/01/2009 Expire Date:04/01/2010 Workers'Compensation History Personnel listed on this license(current or disassociated)are listed on other licenses Conditions of Use I Privacy policy Copyright©2010 State of California https://www2.cslb.ca.gov/OnllneServices/CheckLleense/LicenseDetail.asp 2/11/2010 Company Profile Page 1 of 2 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 NAIC #: � 27847 Company Enforcement Action California Company ID #: 2071-9 Composite Complaints Studies Date Authorized in California: 05/17/1972 Additional Info License Status: IUNLIMITED-NORMAL Find A Company Representative In Company Type: Property&Casualty Your Area il 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=companyPr... 2/11/2010 Company Profile Page 2 of 2 LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS'COMPENSATION back to top Oc 2008 California Department of Insurance http://interactive,web.insurance.ca.Dov/com-oanVDrofiIe/comnanvDrofiIe?event=comnanvPr-- ?/110010