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19-0315_LAYNE CHRISTENSEN COMPANY_Maintenance and Repair Services Agreement CITY OF SAN JUAN CAPISTRANO ON-CALL WELL AND PUMP MAINTENANCE AND REPAIR SERVICES AGREEMENT 1. Parties And Date. This Agreement is made and entered into this day of JU((LVCJ'1 , 2019, by and between the City of San Juan Capistrano, a municipal corporation organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and Layne Christensen Company, a Delaware Corporation with its principal place of business at 1717 W. Park Avenue, Redlands, CA 92373 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. Recitals. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement and in the task order(s) to be issued pursuant to this Agreement and executed by the City and Contractor ("Task Order"). Contractor represents that it is experienced in providing On-Call Well and Pump Maintenance and Repair Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor will perform the Services and shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such maintenance and repair services for the On-Call Well and Pump Maintenance and Repair Services Project ("Project") as set forth in this Agreement on an on-call, as-needed basis. The Contractor will perform the Project services in accordance with the approved Specifications, Special Provisions, and the Standard Specification for Public Works Construction, Latest Edition, and the Standard Specifications for the Construction of Domestic Water and Recycled Water facility for Water Systems Repair. Including all supplements therefore, on file in the Utilities Division Office of the City of San Juan Capistrano, California. (The "Standard Specifications"). Services shall additionally be ordered by Task Order(s) to be issued pursuant to this Agreement for future projects as set forth herein (each such project shall be designated a "Project" under this Agreement). There is no guarantee of any of the Work of this project occurring, or that the full amount specified in the section on compensation will be spent. 61147 02100\31582879.1 I r 3 TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance and repair services necessary for the Project ("Services"). The types of Services to be provided are generally described in Exhibit "A" attached hereto and incorporated herein by reference. The Services shall be more particularly described in the individual Task Orders issued by the City. No Services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit "C". All Services shall be subject to, and performed in accordance, with this Agreement, the relevant Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall commence on the date first set forth above and expire one (1) year from the commencement date, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established and mutually agreed upon schedules and deadlines set forth in the Task Order. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. The Parties may, by mutual, written consent, further extend the term of this Agreement for two (2) additional one-year periods. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the specific schedule that shall be set forth in the Task Order ("Schedule of Services"). Contractor shall be required to commence pump and motor work within four hours of receiving 61147.02100\31582879.1 2 a fully executed Task Order. Contractor shall be required to commence well rehabilitation work within 72 hours of receiving a fully executed Task Order. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with each Schedule, the City shall respond to Contractor's submittals in a timely manner. Upon the City's request, Contractor shall provide a more detailed schedule of anticipated performance to meet the relevant Schedule of Services as set forth in each Task Order. 3.2.3 Conformance to Applicable Requirements. All work undertaken by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the Director of Utilities and Public Works(Director), or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Cheyne Wells, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement and as described in the relevant Task Order. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors, if any, shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors, if any, have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a city or county business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. In addition, Contractor shall possess a valid State of California C-57 (Well Drilling) Contractors License. The City shall have the right to request a copy of any license for the purposes of verification. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own 61147.02100\31582879.1 3 cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub- contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in this Agreement and any Task Order issued by the City, or which may be provided separately and agreed upon in writing by the Parties. Contractor shall be responsible for the cost of any damages suffered by the City by reason of delay caused by Contractor, its employees or subcontractors, if any. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Agreement, Contractor shall continue to perform the Services while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, 61147.02100\31582879.1 4 but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections. 3.2.10.2 Employment Eligibility; Subcontractors, Sub- subcontractors and consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants, if any, performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontracts, sub-subcontractors or consultants, if any, to meet any of the requirements provided for in Sections 3.2.10.1 ; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, if any, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 61147.02100\31582879.1 5 Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (GARB). Contractor shall specifically be aware of the GARB limits and requirements application to "portable equipment", which definition is considered by GARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by GARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, it subcontractors, if any, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board, the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the state. (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor's non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence or willful misconduct of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors, if any, shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors, if any, will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they 61147.02100\31582879.1 6 may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. 3.2.11 .1 Time for Compliance. Contractor shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor, if any, to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section. 3.2.11 .2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001 , code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence, $4,000,000 aggregate for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 per accident, for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $2,000,000 per occurrence, per accident for bodily injury or disease. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Agreement. 61147.02100\31582879.1 7 (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Juan Capistrano, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor's and its subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Juan Capistrano, its officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City's own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect 61147.02100\31582879.1 8 to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11 .2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11 .3(B). (C) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure 61147.02100\31582879.1 9 a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, if any, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. Not required. 3.2.13.2 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the Total 61147.02100\31582879.1 10 Compensation indicated in this Agreement, and in the form provided by the City attached hereto as Exhibit "D". If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The cost of travel time, bonds, insurance, office support, accounting, regulatory compliance, and other business expenses are covered under the allowed percentage of Overhead and Profit entered on Exhibit "B;" and will not 61147.02100\31582879.1 I I be allowed as a direct expense. The total compensation to be provided under this Agreement, in the aggregate, shall not exceed Forty Five Thousand Dollars ($45,000) ("Total Compensation") without written approval of the City. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 California Labor Code Requirements 3.3.5.1 Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1 ,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771 , 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.5.2 If the Services are being performed as part of an applicable "public works" or"maintenance" project, then pursuant to Labor Code Sections 61147 021M31582879 1 1 2 • 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771 .1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1 . 3.3.5.3 This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Contractor may, by written notice to City, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to City of such termination, and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 61147 02100\31582879.1 1 3 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: Layne Christensen Company 1717 W. Park Avenue Redlands, CA 92373 Attn: Adam G. Ward, General Manager City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Steve May, Director of Public Works and Utilities Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, if any, consultants or agents in connection with the performance of the Contractor's Services, the Project, this Agreement, or any Task Order, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses, except for any claims, demands, causes of action, costs, expenses, liabilities, losses, damage or injuries arising through the sole negligence or willful misconduct of the City, or its officials, directors, officers, employees, agents or independent contractors. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with Counsel of City's choosing and at Contractor's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or instituted against the City or its directors, officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding, except for any judgments, awards or decrees arising through the sole 61147.02100\31582879.1 14 • negligence or willful misconduct of City, or its officials, directors, officers, employees, agents or independent contractors. Contractor shall also reimburse City for the cost of any settlement paid by the City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding, except for any costs of settlements arising through the sole negligence or willful misconduct of the City, or its officials, directors, officers, employees, agents or independent contractors. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse the City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided, except for any legal expenses and costs arising through the sole negligence or willful misconduct of the City, or its officials, directors, officers, employees, agents or independent contractors. Contractor's obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or 61147.02100\31582879.1 1 5 against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, subcontractors, if any, and agents of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors, if any, to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with 61147.02100\31582879.1 1 6 this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.16 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.19 Recitals. The recitals set forth above are true and correct and incorporated herein by reference. [signatures on following page] 61147.02100\31582879.1 17 SIGNATURE PAGE FOR ON-CALL WELL AND PUMP MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND LAYNE CHRISTENSEN COMPANY IN WITNESS WHEREOF. the Parties have entered into this Agreement as of the day of March. 2019. CITY OF SAN JUAN CAPISTRANO LAYNE CHRISTENSEN COMPANY Approved By: / yr �// : -n ami •el Signature ' .< City Manager Todd A. Howard j (/ Name Date 1 General Manager Att ied : : ► Title / • 0 1/18/2019 M ia,Morris, Cit'Clerk Date Approved As To Form: City Attorney 61147.02100\31582879.1 18 EXHIBIT "A" SCOPE OF SERVICES The Contractor is tasked to perform on-call and as-needed well and pump maintenance and repair services pursuant to Task Orders issued by the City. Such Services may include, but are not limited to, the following work activities: A. The repair of Wells and Pumps of the production and distribution system. The Contractor will perform the Project services in accordance with the approved Specifications, Special Provisions, and the Standard Specification for Public Works Construction, Latest Edition, and the Standard Specifications for the Construction of Domestic Water and Recycled Water facility for Water Systems Repair. Including all supplements therefore, on file in the Utilities Division Office of the City of San Juan Capistrano, California. (The "Standard Specifications") The following are examples of the typical work to be performed, but does not constitute all the work needed in the fulfillment of the needs of the City. • Replace existing equipment • Relocate existing equipment • Any and all repairs and relocations needed in the event of a natural disaster. • Provide Labor, Equipment, from respective lists in (Exhibit B) on an hourly basis. • Provide Material from Material list in (Exhibit B) at rates shown. • Provide Specific Well and or Pump Work on a unit cost basis from respective lists in (Exhibit B). • Perform fixed lump sum work for specific conditions and work per quoted cost on Exhibit B. B. Pump and motor repair work required during regular working hours, work after hours, or on weekends requires a response on site within four (4) hours of receipt of a Work Order. Well rehabilitation work requires a response within four (4) hours of a receipt of a Work Order, and actual mobilization within 72 hours of receipt of a Work Order. C. All emergency work will be done on a time and material basis plus normal markups as offered in the Contractor's proposal in Attachment "B". Daily reports will be prepared and submitted to the City per section 3-3.3 of the Green Book. All work will be performed in compliance with the City's standard specifications and the requirements of the City. 61147.02100\31582879.1 D. The Contractor will be responsible for supplying all labor, equipment, and materials needed as requested by City personnel to complete any job assigned by the City. The City will furnish as agreed upon prior to start of work or on an as needed basis any required materials not supplied by the contractor. The City will call Underground Service Alert (USA) for utility locations prior to the start of work. The City will acquire all permits from the governing agencies as required. In the event that a conflict or contradiction is discovered between the proposal language and the City's standard contract terms, the City's standard contract terms shall prevail. E. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following construction, until that time that the area is opened again to the public for their use. F. Rubbish and construction debris shall be disposed of to an approved dump site. After removal operations have been completed, the grounds shall be left in a neat and presentable condition, satisfactory to the City representative. G. The Contractor shall verify the location of all utilities prior to construction and shall be held liable for all damages incurred due to his operations. H. When saw cutting, all water and residue shall be detained and vacuumed prior to entrance into the storm drain. Vacuumed construction water shall be properly disposed of. The Contractor is subject to severe fines and penalties should he/she allow construction water to enter the storm drain or creek system. I. During construction the Contractor shall provide street sweeping as necessary to meet the requirements of the City of San Juan Capistrano National Pollution Discharge Elimination System Program (NPDES). J. The Contractor shall provide storm drain pollution protection per the City NPDES Program. K. Per City Council Policy 601, an Archeological Monitor is required to be onsite during all excavations in excess of 18 inches. In the event that an Archeological Monitor is required the City shall provide the Monitor at the City's expense. L. The Contractor shall provide traffic control per the Manual on Uniform Traffic Control Devices (M. U. T. C. D. Manual). 61147.02100\31582879.1 M. Work shall proceed in an orderly manner. Wherever possible, repair work shall be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the City representative. N. The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City. The City representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written order of a City representative, Contractor shall proceed with the work as increased, decreased or altered. O. The City representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. P. The On-Call Well and Pump Maintenance and Repair Services are to be provided on an "as needed and when requested" basis. Work will ordinarily be performed between the hours of 7:00 AM and 6:00 PM, Monday through Friday. During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the Utilities Director or his/her authorized representative prior to commencing work during hours outside those stated above. Q. Work will not be performed without prior approval and only as authorized by a City representative. The selective repairs and/or maintenance approach should be performed using a "find it/fix it" approach that consists of four primary steps: 1. Meet with City staff to discuss the proposed work 2. Conduct a site-walk to evaluate field conditions 3. Prepare an itemized cost estimate for proposed work 4. Prepare and execute a task order for proposed work R. Contractor is required to maintain an office within a 55-mile travel distance of the City. S. Contractor shall provide the City with the name of a contact person and a telephone number where he/she can be reached twenty-four (24) hours a day. This person must be available for emergency work scheduling at all times. Contractor shall be able to respond to emergency work requests within one hour of notification by City and have crews available at the event location site within four (4) hours and shall be considered 61147.02100\31582879.1 part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God. T. The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate an emergency condition which threatens to cause damage to any City property. 61147.02100\31582879.1 EXHIBIT "B" COMPENSATION Qualifications Response Form-On Call Maintenance Parts and Materials Oty Overhead(t Profit as a Materials/Parts Description(2)(3) Cost$ (4) Units Comments Percentage(1) Cost Extension QC21,Wel Khan-Pipe Mean Prebiend;Cotes Chemical Corp Liquid Descaler,VW 310 or equal $74 200 gal 0 $ 14.800 6-inch PVC Certa-Lock column,with spine coupings,and fittings necessary to complete connection to the submersible pump and the discharge head_ $26 110 LF 0 $ 2.860 6-inch NPT x CertaLok SST top adapter,model $285 1 EA 0 s 285 Bending materiel,nuts.bolts. And other misc. Shown in item gaskets. 0 1 EA directly below. 0 $ Electrical pig tail and splice,stainless steel banding and buckles;splice kit,bolts,gaskets, tape,elc for assembly and mate talion for a $260 3 EA 0 $ 7t10 12-inch x 8-inch PVC motor shroud wall collar $562 1 EA 0 $ 562 New Gnrndfos 31658 submersible pump and motor,cable and appurtenances. 480V,3- phase.3460 RPM,with temsrature sensors. na na 0 40 Hp 12888 1 EA 0 $ 12.888 60 Hp 16093 1 EA 0 $ 16.093 75 Hp 18107 1 EA 0 $ 18,107 Powder coated submersible puny plate.and discharge head elbow. $5,711 1 EA , 0 $ 5.711 (1)if overhead and profit are included in the rates provided enter"0"and slate"Included'in Bidders Notes. Otherwise state the percentage added to the final bit (2)For any part not applicable,p ease note w/N/A. (3)Al material prices are to job site,including all tastes,height and handing.• purchase by the City in the course of one year. Where 1 or less may be purchased in the course of the year the quantity stated is 1. Qualifications Response Form-On Call Maintenance Parts and Materials Bidders Niles 1)Far the submersibles motors,no heat sensor surface modules included;only the heat sensor in the motor and 200-ft of RTD cable. 2)Overhead and profit is included in the provided rates 3) 4) 5) Contractor Name:Layne Christensen Contractor Initials 4 61147.02100\31582879.1 EXHIBIT "B" COMPENSATION Qualifications Response Form -On Call Maintenance Equipment and Machinery Overhead&Profit No.Persons in Cost$WITH Cost to Mobilize Qty Units as a Percentage Equipment Description(2X4)(8) Crew Operator(3) (6) (5) (7) (1) Cost Extension 10 ton crane capable of li?bng pump,moter, and well column through skylight of wet building and dewing budding gecmatry in Exhibit 3 d 4 1 51.336 5174 2 day $0 S 2,848 Aur Compressor 600 cfim or larger 0 $921 $0 3 day $0 $ 2,763 Pump puling rig capable of Mfhng pump. motor,and wed column through skylight of well budding and dewing building geometry in Exhibit'4" 2 $1,951 5257 1 day $0 $ 2,208 Air lifting Rig,served truck and compesew 2 $4,839 $280 1 day 50 3 S 119 Cable Tool Rig 2 $1,951- $257, 1 day $0 5 2.208 Test pump and 150 tip Enngine or less 1 $1,495 $104 2 day 50 3 3.094 Crane truck 1 $1,211 $168 1 day 50 3 1,377 Service Truck 1 ton_2_person sew 2 51,927 5205 5 day 50 5 9 340 Service Truck 1 ton_3, person crew 3 52.303 5275 1 day S0 3 2 578 Service Truck 1 ton 4 person crew 4 52.929 5344 1 day SO $ 3.273 Service Trak over t Ion 2_teraon crew 2 $1,927 5205 5 day $0 $ 9,840 Service Truth over 1 ion 3 person crew _ 3 $2,303 $275 1_day $0 $ 2.578 Service Truck over 1 Ion 4 person crew . 4 $2.929 $344 1 day $0 $ 3.273 Electrical service truck 1 $1,167 5138 3 day $0 $ 3,639 Chancel Trailer with Grade II Wate Treatment Operator Certificate 1 $1,097 $125 2 day S0 $ 2.319 Crew bulk.for Labor not associated with malar equipment 2 $1,828 $194 3 dayr $0 $ 5 878 Craw truck:for Labor not associated with manor equipment 3 $2,248 $284 1 day $0 $ 2.510 Flatted truck and Driver 1 $1,155_ $136 3 ray $0 $ 3.601 Welding truck$welding equipment with certified welder 1, 5992 5121 1 day 80 3 1.113 Qualifications Response Form -On Call Maintenance Equipment and Machinery (1)if overhead and profit are included in the rates provided enter V'and state included"in adders notes. Othennnse state the percentage added to the final bill (2)For any part not applicable.please note wl NA (3)Fill m equipment costs.with operator. (4)Provide details an equipment offered in attachments_ If your firm has a equipment of a different sae than noted.state in"Bidder% Noses`below. Attach extra sheets if needed. (5)Quantity is for general estimation purposes. The quantifies listed are the approxanatis amount projected for purchase by the City in the course of one year. Where 1 or less may be purchased in the cotaae Of de year the quantity stated is 1. (6)If cast to mobilize is included in the equipment cost state es$0. (7)A day Is defined as an 8 hour day. (8)Major equipment costs to include the oast of any ancillary crew trucks or other support vehicles. Bidders Notes 1)Overhead and profit is induded in the provided rates 2)Al mobilization costs provided are to the sae only(one-way),end doesn't include demobilization.Demobilization costs are the same as mobilization costs 3)For work durations more than 1 day.crew sustenance and per diem is included In the provided rates 4)Air compressors are delivenid in coryunctOn wt other 5) Contractor Name Lamm Christensen Contractor Initials :— 61147.02100\31582879.1 • EXHIBIT "B" COMPENSATION Qualification Response Form-On Call Maintenance Labor Unit Cost Double-Wee Resider Daytime ar Overtire Ree Rea(Slhour, Overhead& Rate(ii1oar, Cost to mobilize Qty (Hes.) ($lleourr Wel. 3fdep,WW1! Profit Mea Cwt Labor Sides.61Unit)121 (6) 44) Laths Taal $fUnit(2,3) (2.3) Percents.,(1) Extension Troubleshoot pump,provide lest equipment Yidudee moor roper hark. $137 $126 40 Hrs. 3206 $274 $0 $ 5.606 • Shop Work(6) General Shap tabor)Shop helper $65 SO, 40 Hrs Se $130 $0 $ 2.500 Medina step labor $65 30 40 Hrs. Si0 $130 70 $ 2500 pump and motor mechann $65 SO 20 Hrs. $98 $130 $0 $ 1,300 Metal spay+nit $65 $0 8 Hrs. $96 $1330 $0 S 520 Macririst $66 $0 8 Ftf. $33 $130 SO S 520 WddariFabicator $65 $0 8 Hrs. $36 $130 $0 S 520 Professional Work Engnothr41 SO 4 Fit. $0 SO 50 $ - Hy*0$3otonea i0 4)-fl $0 $0 $0 S • (t)if overhead and prott are included In the roles provided anter'0 and state 9ndufed"at Braises Roles Otherwee Mats the psrcantlpe added to tie fired bt 12)Provide the rate for the tabor rate for the bated hank which your firm charges far performance of the described work,or erotism of the dabs Mated. 13)For any cNmiksetkwt not apiiiceble,phase rote ad NoA. i4)Quantity is for genual a tinm0on piapaaeL The quantities listed are the approximate amount protected for pirchaas by the Gtr in the mass of one year.Where 1 or tees may be purchased in the course of the year the eism*sw144 s 1. (51 If cost to imbrue is included in the tilling rats sats as$0 161 Shop tebar stout not have mcbilizirson oast. Bidders Notes. 1)Overheadend_i ufit s indicted in the provided rales 2) 3) 4) 5) Contractor Nana:LaynA Christensen • Contractor Infiliak PV/ • 61147.02100\31582879.1 EXHIBIT "B" COMPENSATION Qualifications Response Form-On Call Well and Pump Maintenance-Tasks for Wells Ceder Overhead& of O y Pro/ft es a Existing Submersible Pumps 8 Melees,Work Manes Work Comm.. Cost (2) UNe Percentage(I) Coal Extension Mobilo,.Psi.and Mer work,reins..Motor.Dvtivage bead.cdunn pipe. Pump assembly.rid sound.tube.W wells have roof access ova skylight to pull pump 8 motor,see pale'4'.Size pump ng a...1y, 0 $8,421 2 EA SO S 12 842, Disconnect and reconnect electrical power supply,and SCADA consols wiring born pump/mdor. t $81e 2 EA SO S 1.032 Colon Video Fairing and 300-deg soda scan of was condlors before or Mier dein.work;supply CD-ROM of video. 2A 5400 2 EA SO S 980 Provide Engmeenng ropecbon of tie panp.motor,ine Cabaret well vireo.and siLmil engaleenng report with recommendations for rdiablitalon work. 22 SO 4 EA S0 S Beuren wad with a Nylon brush.swab.and hall will al nedknena remosed. 2.3 93.971 2 EA SO 3 7,942, Well dean ad using air bent and dean method tang elder Boreal9el 26 sealed. AMMO(Bolt At Gum method.Sonar-.et®mulled;or approved equal. 2.3 $2 613 2 EA $0 3 5 226 Chemin.beet eel using(Well faeoai Ppe Keen Problem)or equal provided by to CIM S6 gal+ppm•Pofahls wale..800 gal apron.Preside suable inning tasks.pun .aro piping to seed menials.Place ddlerracab using a Semite wits NM aging swace at each aro over the length of the Wowed area,Add sul&iem chemical le lower pH to 2.0.M,Charraly surge as tinted below(costs included separate line and 8 heir minimum and cap to 20 hours soak_Urns.for the pH rebaa to 8.5-7.Indeaang full macron of mwmreats. Separae scads and MM..Papery per(Local.State and Federal regulations and pump to wade. Al denOcais to be NSF°dead. 2.4 $34,007 2 LA 90 i 68.014 Mechanical edrge wed vee double dim serge abut and sarxltensous side ponying.Again each 10 bot none for a minimum or 20 min(3) 2.5 5611 16 MOWS 50 $ 9.778 'Mechanical surge cad with double disk stage back Bal sag an sediment Is removed Agitate each 10 foot we hos a rrwimum of 20 min.(3) 2.5 $450 16 Hous SO S 7,200 Tramped pump.motor.cad column,and wet.to Cent..shop disassemble as needed,taped and provq,khronnaton for report above on condi. 2.8 5182, 2,EA SO S 324 Clean column pep, Inspect and reMace as needed CerlaLok ceupllnys. 2.9 5797 2 EA S0 S 1,694 Supply.use.and rdnove Innocuity Morays tanks.(1)20.000 galas ant(1)2,500 gallon tanks.Provide.labor.pumps,reutrstra.thermals,and lab teat for well treatment process or web pump water removal and ndlraliaebnand sediment during o erNm1 besenwd.Diachage water to seww system Pump cut well Vealnent drernxye until dew and removed:and dispoae to sewer system at maximum nae of 50 gam. Distance f0 sewer 100 feel Remove and Repose of sediments exlractd b approved deposal facilt). 3.1 54299 2 EA 5O 5 6 598 Qualifications Response Form-On Call Well and Pump Maintenance-Tasks for Wells (Hi rmvhead and profit am esduded In the rates provided enter 0'and stale Included on Bidders Notes. Otherwise state the percentage added to Use final bbl. (2)dmplty Is for general estimation purposes The quantifies listed ere the approximate amount protected for purchase by the Cay et the course of one year.Where S or less may be purchased m the cause or me year the quantity stated Is 1. 43)Only one or the Other would adualy be done. Welders Notes' 1)Ov,rttsld and pf is included in the provided rates 2) 3) 4) 5) Contractor Name Layrja Christensen Contactor Inroala /7 61147.02100\31582879.1 EXHIBIT "B" COMPENSATION Qualifications Response Form-On Call Well and Pump Maintenance-Tasks for Pump Stations Order or Qty Overhead$Profit as a Pumps a Motors,Work Items wort Commits Cost di Lines Percentage(1) Cost Extension Mobiles!Demobilize kir general pump and motor puling and instasatlon 1 $1,102 2 EA $0 $ 2,204 Disconnect and recorrwct electrical power supply,and SCADA controls wiring from pump/mote. 1.5 $681 2 EA $0 $ 1,362 Put Motor,04cherge head.Pump assembly. Pumps must be removed through pump station doors. Sea pump rig amedtngly. See typical pump station in Exhibit e5. _ 1,8 5787 2 EA $0 $ 1.534 Transport pump,&motor to Contractors shop:disassemble as needed,inspect and provide report on condition along wdh recommendations at repel with costa 2.2 $232, 2 EA SO 3 464 Provide Engmeerng inspection of the pump,and motor. Submit Engineering report with recommendations. $0 Fo 3 Refurbish motor 75 Hp Clean,dip,bake.rewind,balance, vohage testing,bearing replacement. 2.3 61,264 1 EA 50 $ 1.284 Refurbish motor loo Hp: Clean,rip,bake.rewind,balance, voltage tasting,beating replacement. 2.3 $1,757 1 EA $0 $ 1.757 Refurbish motor 250 ltp.Clean.dip,bake,rewind,balance. voltage testing.bearing replacement. 2.3 $2,838 1 EA $0 $ 2 638 Refurbish mechanical seal 2.3 $946 1 EA $0 $ 946 Reenstae refurbished or replacement pump and motor•check rotates,couple pump to motor end mechanical sea,must, sign.seal,and start up. 3.2 $1,447 2 EA 30,$ 2.894 Lae and Coll discharge head with Skotclerate 134 fusion bonded eporor(emosion protection' a $1,193 1 EA $0 $ 1 193 ON change on turbine(Horn or Vert),grease bearings on spit • case motet and pump,grease motor and pump. Included at materials and labor. _ 4 $463 2 EA , 10 $ 926 Replace mechanical seal 4 $1,465 1 EA 10 $ 1.455 Sandblast parts 4 $916 1 EA $0 $ 916 Pressure steam dean site and equipment 4 $458 2 EA $0 $ Ste Qualifications Response Form -On Call Well and Pump Maintenance-Tasks for Pump Stations (1)4 overhead and profit are included in the rates provided tinier Tr and stale Included'in Bidders Notes. Otherwise slate the percentage added to the final bil. (2)Quantity is for general estimation purposes. The quantities baled are the approximate amount progected for purchase by the City in the course of one year. Where 1 or less may be purchased in the course of the year the quantity stated is 1 Bidders Notes. 1)Overhead end profit is included in the provided rates 2) 3) 4) 5) Contractor Name Lam Christensen Contractor Initials /?t'+/ 61147.02100\31582879.1 EXHIBIT "B" COMPENSATION Qualifications Response Form-On Call Well and Pump Maintenance-Tasks for Control Valve Maintence and Repair Stations Order or Qty Overhead 8 Profit as a Pumps t1 Motors.Work Items work Comments: Coat (2) units Percentage(1) 5"Ext Mobilze(Demobize for Control Valve mattenoe 1 3453 4 EA $0 $ 1.812 Disassemble Cha-Valve and COMM.piktry controls,dean. replace needed parte reassemble.(3) 2 8251 48 lours $0 $ 12,048 O S • O $ • O S (1)If overhead and prafict are included in Me rates providedstate Included."Otherwise state the percentage added to the final kite. (2)Quantity is for general estimation purposes. The quantities ksed are the approximate amount propped for purchase by the City in the course of one year Where 1 or less may be purchased in the mase of the year the quantity stated•1. (3)Pols paid by cost plus 01•48P mutt-up. Bidders Notes: 1)Overhead and prott is included in the provided rates 2) 3) 4) 5) • Contractor NameLayne Clslaermcan Contractor tnitikals A 61147.02100\31582879.1 • EXHIBIT "B" COMPENSATION LAYNE-A GRANITE COMPANY vrww.G.ffitcc2or5truction COM Cost Plus Rates Price List(Prevailing Wage Rates) Cffcctirc 0(231010 thrvuyl i 013 2019 "X" Description Crew Size Rate Unit ALL RMT ANb"LIN SI!E"AL I IVI IltS UNIV. REFER TO STANDARD RATE SHEET FOR ALL OTHER ACTIVITIES. O Rig and Service Truck 2 Men $355.00 Hair U frig and Service Truck 3 Men $487.00 Hour O Rig and Service Truck 4 Men $598.00 Hour ❑ Combo Rig and Service Truck 2 Men S362.00 Hour ❑ Rotary Crane-12 Ton&Below 1 Man $235.00 Hour O Crane 12 Ton&Below 2 Men 1393.00 Hour ❑ Rotary Crane-30 Ton&FMC 1 Man $347.00 Hour ❑ Rotary Crane-75 Ton 1 Man 5426.00 Hour O Delivery Trude 1 Man $113.00 Hour ❑ Service Truck 1 Man $189.00 Hour ❑ Service Truck 2 Men $320.00 Hour ❑ Tractor Trailer 1 Man $178-00 Hour ❑ Wire Brush Rental x $815.00 Each ❑ Air Compressor Rental(450 CFM&Smaller) x $107-00 Hour ❑ Air Compressor Rental(451 CFM&Larger) x $195-00 Hour ❑ Water Treatment PLC Programmer 1 Man $215.00 Hour ❑ Electrician and Service Truck 1 Man $195.00 Hour ❑ Service Truck with Boom 1 Man $210.00 Hour ❑ Welding Truck 1 Man $195.00 Hour ❑ General Shop Labor 1 Man $113.00 Hour ❑ Machine Shop Labor 1 Man $113.00 Hour O Welding Shop Labor 1 Man 1113.00 Hour ❑ Additional Rig Helper 1 Man 1130,00 Hour ❑ Tube and Shaft Repair O 2'Through 2-1/2" x $13.65 Foot ❑3'Through 4" x $15.25 Foot ❑ Video Log x $1,365.00 Well ❑ Camera Operator-In Excess of 5 Hours Portal to Portal ADD x $112.00 Hour Camera Operator-In Excess of 5 Hours on Site ADD x $180.00 Hour ❑ Re-Video Same Well x $1,215.00 Well ❑ Photo-Still Shots x $53.00 Each O Duplicate TapeIDVD x $120 00 Each ❑ Test Pump,Operator&Fuel 300 HP&Below 1 Man $398.00 Hour ❑ Test Pump,Operator&Fuel 301 HP-500 HP 1 Man $567.00 Hour O Test Pump,Operator&Fuel 501 HP-750 HP 1 Man $724.00 Hour ❑ Test Pump,Operator&Fuel 751 HP-1000 HP 1 Man $882.00 Hour ❑ Portable Steam Cleaner x $252.00 Day ❑ Aqua Freed Unit,Operator and Pick-up Truck(So Cal Only) 1 Man $230.00 Hour ❑ Chemical Trailer,Tractor,Rig and Service Truck 3 Men $631.00 Hour O Chemical Trailer,Tractor,Rig and Service Truck 2 Men $494.00 Hour ❑ Chemical Neutralization Trailer and Operator 1 Man $217.00 Hour (..L.------"") .owswte GIZMO? Page 61147.02100\31582879.1 EXHIBIT "B" COMPENSATION LAYNE—A GRANITE COMPANY ww.araniteconstrucUon. n Southern California Price Ust(Prevailing Wage Rates) Effective 7/112018 through 6/3012017 `X' Description Crew Size Rata Unit ❑ Backhoe with Trailer and Truck 1 Man $193.00 Hour Q Bucket Rip and Sernrn TI,Wit 2 Men 5120.00 I luu O Water Truck 1 Man $180.00 Hour O Bore Blasting(0 - 500')+Rig Rates x $5,250.00 Lump Sum O Dae Misting(.700 -1000')si R14 PGA!. It 1A6.00 Lump Sum O Bore Blasting(1000-1500')+Rig Rates x $7,875.00 Lump Sum O Bore Blasting(1500-2000')+Rig Rates x $12,075.00 Lump Sum ❑ Operating Engineer- O OVERTIME-Saturday&Over 8 Hours per Day 1.112X ADD $144.00 Man/Hour O OVERTIME-Over 12 Hrs One Day/Over 12 Hrs on Saturday 2X ADD $195.00 Man/Hour O Qt)ERTIME-Sunday ADD 3193.00 N1ari/MeUr ❑ OVERTIME-Holiday ADD $250.00 Man/Hour ❑ Laborer- ❑ OVERTIME-Satuetsy&I)J}?8 Hduf3 Or Uay 1-1l2X ADO $110.00 Mart/Hour O OVERTIME-Over 12 Hrs One Day/Over 12 Hrs on Saturday 2X ADD $110.00 Man/Hour O OVERTIME-Sunday ADO S155.00 1.'ianiliaur ❑ OVERTIME-Holiday Ann $155.44 Man/Hour Notes(applie$t9 all items above!: 13 AP prices,equipment,and teals are subjoin to ovoilability and change without nutit.e. 2) Straight time-first 8 hours per day:Overtime-additional time beyond initial 8 hours per calendar day 3) Alt rig rates include specified crew.standard service truck.and standard rig tooling and equipment. 4) All additional subcontracting services, crew subsistence, materials, drilling bits, drilling fluids, supplies, pump parts,aril,An ma liable!,will IA/JJU41 Ut W.II Watt VS M.!t'ttlg6 Sttitt5 95 A bbSt thus 2b1'/,i 1 up. 51 All support equipment will be invoiced al the rete quoted,plus applicable trucking and handling charges to move equipment to and from our yard location. Equipment provided on a day rate basis will be charged in whole day increments,regardless of actual time utilized. (4....1----;De , ______ ___..___ ..., _ __.. Page )2 .011N.11!cum., 61147.02100\31582879.1 EXHIBIT "C" SAMPLE TASK ORDER FORM CITY OF SAN JUAN CAPISTRANO TASK ORDER Task Order No. Agreement: On-call Well and Pump Maintenance & Repair Services Contractor: Layne Christensen Company The Contractor is hereby authorized to perform the following work subject to the provisions of the Agreement identified above: List any attachments: Dollar Amount of Task Order: Not to exceed $ .00 Completion Date: , 20 The undersigned Contractor hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. CITY OF SAN JUAN CAPISTRANO LAYNE CHRISTENSEN COMPANY Dated: Dated: By: By: 61147.02100\31582879.1 Premium Amount: $200.00 Bond No. 106945886 EXHIBIT "D" PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of San Juan Capistrano (hereinafter designated as the "City"), by action taken or a resolution passed , 2018, has awarded to Layne Christensen Company hereinafter designated as the "Principal," a contract for the work described as follows: On-call Well and Pump Maintenance & Repair Services(the "Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and Travelers Casualty and Surety Company of America as Surety, are held and firmly bound unto the City in the penal sum of Forty Five Thousand 00/100 Dollars($45,000.00 ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code,with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described,or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or 61147.02100131582879.1 relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 2nd day of November , 2018. (Corporate Seal) Layne Christensen Company `��titrrr,�i Contra incipal " SEN C '"., `�,<QoT� 2� By i v: ,��;IV � �:-�; Title Kenneth B.Olson, Assistant Secretary '',r ,y,0.:• Tray- s . ualty and Surety Company of America (Corporate Sea!) Sur•;y By Z‘' Att.rney-in-Fact Title Tobi Stonich,Attorney In Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 61147.02100\31582879.1 • Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA COUNTY OF Santa Cruz On_November 2, 2018 , before me, Mariella Flores Notary Public , Notary Public, personally appeared Tobi Stonich , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIELLA FLORES Notary Public-California '. " H: Santa Cruz County ' IzS ''atureCOfriimAstop PUB118923 My Cornet.Expires Jul 14,2022 Mariella Fl res,Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual 0 Corporate Officer Title(s) Title or Type of Document ❑Partner(s) 0 Limited ❑ General Number of Pages ❑Attorney-In-Fact ❑Trustee(s) ❑Guardian/Conservator Date of Document ❑Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above 61147.02100\31582879.1 TRAVELERS J POWER OF ATTORNEY Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company Attorney-In-Fad No.232494 KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Tobi Stonich,of the City of Watsonville,State of California,their true and lawful Attorney-in-Fact to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in trie nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power of Attorney is limited to bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof for Granite Construction Incorporated and all subsidiaries and affiliates,alone or In joint venture. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3rd day of February,2017. Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company Ete 44, 0 State of Connecticut f� By: City of Hartford ss. Robert L.Raney,Senior Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L.Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2021 \OAwt- C t.I.TAR.00,1.1* Marie C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-In-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate ail or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof Is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond, recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which will remain in full force and effect through December 31,2018. Bond Executed on November 2,2018 A-;"'= '" /'Li Kevin E. Hughes,Assistant Secretary (€..........) ' \ N: ,...„„,,...., ......, - To verify the autheTtrify of this Power of Attorney,call 1-800-421-3880 to contact us. Please refer to the Attorney-In-Fact number, the above-named individual and the details of the bond to which the power is attached. I ACCM DATE 0/2018 ) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, trio policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC M0C36861 1-415-403-1491 CONTACT NAME Kimberly Leikam Alliant Insurance Services, Inc. PHONE FAX (FVC,Ne,Eel] 415-403-1491 (NC Net: 415-874-4818 EMAIL kleikaa alliant.com 100 Pine Street, 11th Floor ADDRESS __ INSURER(S)AFFORDING COVERAGE NAICi$ San Francisco, cA 94111 INSURERA: VALLEY FORGE INS CO 20508 INSURED INSURERB: CONTINENTAL CAS CO 20443 t Layne Christensen Company INSURER C TRANSPORTATION /NS CO 20494 585 West Beach Street INSURERD. INSURER E: Watsonville, CA 95076 INSURERF- COVERAGES CERTIFICATE NUMBER: 54555673 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADM-SUERPOLICY EFF ` POLICY EXP MSR TYPE OF I NSURANCE LIMITS LTR BM MND POLICY NUMBER (MMlODNYYYI lMM(DDIYrvYI A X COMMERCIALGENERALLIABILITY X X 0L2074978689 ; 10/01/18 10/01/21 EACH OCCURRENCE $ 2,000,000 I-DAMAGETQRENTED $ 2,000,000 l CLAIMS-MADE X OCCJR PREMISES(Ea,00axronco) X XCU , MED EXP(Any one person) S Nil X Contractual Liability PERSONAL&ADMIN„URY $ 2,000,000 GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 �( 1 PRO- X 1 POLICY[ J JECT t DC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER' t$ A AUTOMOBILELIABILITY X X BUA2074978692 10/01/18 10/01/21 COMBINEOSINGLELIMIT I$ 2,000,000 (Ea acodent) _.. _. X ANY AUTO BODILY INJURY(Per person) $ OWNED —I SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS I HIRED , NON-OWNED PROPERTY DAMAGE X AUTOS ONLY .X AUTOS ON_Y (Per oxidant) $ $ t B X 1 UMBRELLALIAB X OCCUR CUE2068209453 10/01/18 10/01/19 EACH OCCURRENCE $ 8,000,000 1 r--- 8,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATIONX WC274978630 (CA) 10/01/16 10/01/19 IS ATUTE ,ER H • AND EMPLOYERS'LIABILITY Y(N C ANYPROPRIETOR/PARTNER/EXECUTIVE N NIA X WC274978661 (MT,WI,HI) 10/01/18 10/01/19 E.L.EACH ACCIDENT $ 2,000,000 IOFFICERIMEMBEREXCLUDED? -- C '(Mandatory lnNH) X WC274978658 (NY) 10/01/18 10/01/19 E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes.describe under A DESGRIPTIONOFOPERATIONSbelow X WC274978644 (AOS/StopGap)10/01/18 10/01/19 E.L.DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) Re: Steeplechase Pump Station Rehabilitation and Equipment Replacement Project City of San Juan Capistrano, its officials, employees, agents and authorized volunteers are included as an Additional Insured on the General Liability and Automobile Liability policies as required by written contract subject to policy terms, conditions and exclusions. Coverage is Primary & Non-contributory and Waivers of Subrogation apply. Policy includes severability of interest provision. 30 Days Written Notice of Cancellation for Non-Renewal and 10 Days Notice of Cancellation for Non-Payment of Premiums CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of San Juan Capistrano THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 32400 Paseo Adelanto AUTHORIZED REPRESENTATIVE 9SZ,e(-.4-, San Juan Capistrano, CA 92675 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ttaganap 54555673 SUPPLEMENT TO CERTIFICATE OF INSURANCE 11/DATE 09/2018 NAME OF INSURED: Layne Christensen Company SUPP(10100) G-140331-D CNA (Ed. 01/13) BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS — WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE(OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by"written contract"per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory'of this Coverage Part) A. Section II -Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage,"or"personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the"written contract"; or b. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the"products-completed operations hazard," and only if: (1) The"written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. If the "written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01), or via the 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph B.1. above, the words 'caused in whole or in part by' are replaced by the words'arising out of. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law; b. That required by the"written contract"; c. That described in B.1. above; or d. That afforded to you under this policy, whichever is less. 4. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or G-140331-D (Ed. 01/13) POLICY#: GL2074978689 Page 1 of 2 EFFECTIVE: 10/01/2018 Copyright, CNA All Rights Reserved • CNA (Ed 0031-D (Ed. 01/13) any other basis. But if required by the "written contract" to be primary and non-contributory, this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 5. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury"arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities;or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence,Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or"suit"that does result; (2) Except as provided in Paragraph B.4. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or"suit"; and (4) Tender the defense and indemnity of any claim or"suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the"written contract"requires this insurance to be primary and non-contributory, this provision (4)does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit." D. Only for the purpose of the insurance provided by this endorsement, SECTION V—DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury"or"property damage"; or b. The offense that caused the"personal and advertising injury," for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. Material used with permission of ISO Properties, Inc G-140331-D (Ed. 01/13) POLICY#: GL2074978689 Page 2 of 2 EFFECTIVE: 10/01/2018 Copyright,CNA All Rights Reserved THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Waiver of Transfer of Rights of Recovery Against Others to Us This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. "Your work" included in the"products completed operations hazard." However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. This endorsement is part of your policy and takes effect on the effective date of your policy, unless another effective date is shown below. Must Be Completed Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to be Effective with the Policy ENDT. NO. POLICY NO. ISSUED TO: EFFECTIVE DATE OF THIS 26 ENDORSEMENT: GL 2074978689 Granite Construction Incorporated 10/01/18 CNA71527XX CNA (Ed. 10/12) ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations Any person or organization whom the named insured is required by written contract to add as an additional insured on this policy. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II—LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident'for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA71527XX(10/12) Policy No: BUA2074978692 Page 1 of 1 Endorsement No: Effective Date: 10/01/2018 Insured Name: Granite Construction Incorporated Copyright CNA All Rights Reserved. POLICY NUMBER: BUA2074978692 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. r Named Insured: Granite Construction Incorporated Endorsement Effective Date: 10/01/2018 SCHEDULE Name(s)Of Person(s) Or Organization(s): Any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 G-19160-B CAR (Ed. 11/97) WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS-CALIFORNIA This endorsement changes the policy to which it is attached. It is agreed that Part One—Workers'Compensation Insurance G.Recovery From Others and Part Two—Employers'Liability Insurance H.Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE—n/a The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure The amount is n/a ok UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties.Schedule : Any person or organization for whom the named insured has agreed by written contract to furnish this waiver. WC43 03 OS(Ed 7.00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT All Other States where allowed(except CA,TX,UT) We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for whom the named insured has agreed by written contract to furnish this waiver WC00 03 13 (Ed 4-84) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2018 WC274978644 Valley Forge Insurance Company WC274978658 Transportation Insurance Company WC274978661 Transportation Insurance Company WC274978630 Valley Forge Insurance Company G-19160-B Page 1 of 1 (Ed. 11/97)