ITEM 4. 16
CITY MANAGER' S REPORT
APRIL 14, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONSTRUCTION CONTRACT WITH WELL
INDUSTRIES, INC. FOR WELL DRILLING,
DEVELOPMENT AND TESTING FOR THE AQUIFER
STORAGE AND RECOVERY PROJECT, CIP PW 22- 36
RECOMMENDATION: Adopt Resolution to Approve a Construction Contract with Well Drilling Industries, Inc. for Well Drilling,
Development and Testing for the Aquifer Storage
and Recovery ( ASR) Project, CIP PW 22- 36
SUMMARY:
On January 10, 2022, City Council approved the creation of Aquifer Storage and Recovery ( ASR), Capital Improvement Project ( CIP) PW 22- 36 (Project), in order to allow for storing water underground during wet periods for recovery when needed.
The injection and extraction of water is accomplished using a well and is permitted through the State Water Board.
The plans and specifications for the Well Drilling, Development and construction package were formally advertised for bid on March 4, 2025 and March 11, 2025 pursuant to California Public Contract Code ( PCC) 20160 and Lathrop Municipal Code LMC) 2. 36. 060. The City Clerk received and opened five ( 5) bids on March 25, 2025.
Based on the review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be Well Industries, Inc., with a base bid of $ 1, 547, 985.
Staff requests City Council to approve a construction contract with Well Industries, Inc., for the Well Drilling, Development and Testing for the ASR, CIP PW 22- 36 in the amount of $ 1, 547, 985. Staff also requests City Council to authorize a 20% construction contingency of $ 309, 57 for a total cost not to exceed $ 1, 857, 582.
Sufficient funds were allocated in the approved Fiscal Year ( FY) 2024-5 budget to approve the contact.
BACKGROUND:
The City' s drinking water comes from two sources, local groundwater and surface water purchased from the South San Joaquin Irrigation District ( SSJID). The City' s water supply is reliable, and staff has taken the necessary steps to plan for future growth and the corresponding water needs; however, there are some risks that are especially challenging to plan for. These risks include but are not limited to, prolonged droughts, new State regulatory requirements, emerging groundwater contaminants, and management of upstream reservoirs.
CITY MANAGER' SREPORT PAGE 2
APRIL 14, 2025, CITY COUNCIL REGULAR MEETING
APPROVE CONSTRUCTION CONTRACT WITH WELL INDUSTRIES, INC. FOR WELL DRILLING, DEVELOPMENT AND TESTING FOR ASR, CIP PW 22- 36 ASR is a water resources management technique for actively storing water underground during wet periods for recovery when needed. The injection and extraction of water is done using a well and is permitted though the State Water Board.
On January 10, 2022, City Council approved the creation of Capital Improvement Project PW 22- 36 Aquifer Storage and Recovery and approved a Professional Services Agreement with Carollo Engineers, Inc. (Carollo) for completing the engineering feasibility study and preliminary design. On April 10, 2023, Council approved Amendment No. 1 with Carollo for additional engineering services needed to support the project, including preparing plans and specifications for the ASR well drilling and construction.
Staff released the plans and specifications for bid solicitation on March 4, 2025, and March 11, 2025 pursuant to CA PCC 20160 and LMC 2. 36. 060. Five ( 5) bids were received and opened by the City Clerk on March 25, 2025, and all were determined to be from responsive and responsible bidders. The bid results are summarized in Table 1 below:
Table 1: Summary of Bid Results- ASR Well Drilling, Development and Testing, CIP PW 22- 36
Contractor Base Bid
Well Industries Inc. 1, 547, 985
NorCal Well & Pump Drilling Inc. 1, 612, 123
Zinn Industries, Inc. 1, 895, 308
South Valley Drilling, Inc. 1, 983,13
Pacific Coast Well Drilling, Inc. 1, 995, 430
Staff reviewed and evaluated the bids and determined that the lowest responsible bidder is Well Industries, Inc., with a base bid of $ 1, 547, 985. Staff request City Council adopt a resolution approving a construction contract with Well Industries, Inc. for $1, 547, 985for the construction of the Project. Staff also request City Council authorize a 20% construction contingency of $ 309, 57 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 1, 857, 582.
REASON FOR RECOMMENDATION:
The ASR project would considerably enhance reliability and mitigate emerging risks to the City' s
water supply by pumping and storing surface water acquired from SSJID during wet periods into the ground allowing for later retrieval and utilization during dry seasons, droughts, or instances of water supply shortage.
CITY MANAGER' SREPORT PAGE 3
APRIL 14, 2025, CITY COUNCIL REGULAR MEETING
APPROVE CONSTRUCTION CONTRACT WITH WELL INDUSTRIES, INC. FOR WELL DRILLING, DEVELOPMENT AND TESTING FOR ASR, CIP PW 22- 36 FISCAL IMPACT:
The proposed construction contract with Well Industries, Inc. is for $ 1, 547, 985. A 20% construction contingency is requested in the amount of $309, 57 for a total cost not to exceed $ 1, 857, 582.
Sufficient funds were allocated in the approved Fiscal Year ( FY) 2024-5 budget for CIP PW 22- 36 to approve the contract; therefore, no budget amendment is needed.
ATTACHMENTS:
A. Resolution to Approve a Construction Contract with Well Drilling Industries, Inc. for Well Drilling, Development and Testing for the Aquifer Storage and Recovery ( ASR), CIP PW 22- 36
B. Construction Contract with Well Drilling Industries, Inc. for WeII Drilling, Development and Testing, for Aquifer Storage and Recovery ( ASR), CIP PW 22- 36
CITY MANAGER' S REPORT PAGE 4
APRIL 14, 2025, CITY COUNCIL REGULAR MEETING
APPROVE CONSTRUCTION CONTRACT WITH WELL INDUSTRIES, INC. FOR WELL DRILLING, DEVELOPMENT AND TESTING FOR ASR, CIP PW 22- 36 APPROVALS:
Greg Gib n
Senior ivil Engineer
Fort
Brad Taylor
City En • ineer
Cari Jam
Finance Iii ector
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Date
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Date
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Date
Michael King — Date
Assistant City Manager
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Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE A CONSTRUCTION CONTRACT WITH WELL DRILLING INDUSTRIES, INC. FOR WELL DRILLING, DEVELOPMENT AND TESTING FOR THE AQUIFER STORAGE AND RECOVERY ( ASR), CIP PW 22- 36
WHEREAS, on January 10, 2022, City Council approved the creation of Aquifer Storage and Recovery, Capital Improvement Project ( CIP) PW 22- 36 (Project), in order to allow for storing water underground during wet periods for recovery when needed; and
WHEREAS, on March 4, 2025 and March 11, 2025, the City solicited bids for the construction of the Well Drilling, Development and Testing package for the Project pursuant to PCC 20160 and LMC 2. 36. 060; and
WHEREAS, a total of five ( 5) bids were received and opened by the City Clerk on March 25, 2025; and
WHEREAS, upon review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be Well Industries, Inc., with a base bid of $1, 547, 985; and
WHEREAS, staff requests the City Council to approve a construction contract with Well Industries, Inc., in the amount of $ 1, 547, 985, for the Well Drilling, Development and Testing for the ASR, CIP PW 22- 36; and WHEREAS, staff also requests Council to authorize a 20% construction contingency in the amount of $ 309, 57and authorize staff to spend the contingency as necessary to achieve the goals of the Project, for a total cost not to exceed 1, 857, 582; and
WHEREAS, sufficient funds were allocated in the approved Fiscal Year ( FY) 2024-5 budget for CIP PW 22- 36 to approve the contract; therefore, no budget amendment is needed.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with Well Industries, Inc. for the Well Drilling, Development and Testing for the ASR, CIP PW 22- 36 in the amount of 1, 547, 985; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 20% construction contingency of $309, 57 for a total cost not to exceed $ 1, 857, 582 for the construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project.
The foregoing resolution was passed and adopted this 14th day of April 2025 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney SECTION 00500
ASR WELL DRILLING, DEVELOPMENT AND TESTING
CIP# PW 22- 36
ATTACHMENT
R ..
CONTRACT
CONTRACT
This Contract, dated April 14, 2025, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Well Drilling Industries, Inc. (Contractor), whose Taxpayer Identification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:
1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
2. General Scope of Project and Work. Construction Documents for the ASR Well Drilling, Development and Testing, Development and Testing, CIP PW 22- 36 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to the construction of one aquifer storage and recovery well, including drilling, casing, grouting, well development, test pumping, water quality testing, video record, disinfection, and other items, and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 120 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for work actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: $ 1, 547, 985 (One million five hundred forty- seven thousand nine hundred eighty- fivedollars
3. Construction Documents. This Contract shall include the Construction Documents, which are hereby incorporated by reference ( i.e. Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and guaranty), and the Bid Documents submitted by Well Drilling Industries, Inc. on March 25, 2025.
For the purposes of construing, interpreting and resolving inconsistencies between the provisions ofthis Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting 00500- 1
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documentation within the time set forth in the Construction Documents. Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s Public Works Director prior to
commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by aperson who is authorized by that insurer to bind coverage in its behalf.
Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' snoncompliance with any Law respecting the condition, use, occupation or safety ofthe Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision ofthis Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions ofthis Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary 00500- 2
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license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure ofthe Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and ongoing obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements. The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements. d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' s proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' s performance of
Work, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier.
b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s
obligation to: (i) process any request for payment of any portion of the Contract Price; or ( ii) to disburse any portion of the Contract Price to the Contractor. The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or 00500- 3
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Subcontractors for Work pursuant to Labor Code Section 1771. 4and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or (ii) shall not be deemed in default of the CITY' s obligations under the Contract Documents unless the Contractor' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' spayroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request. 2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY, the
Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3)A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request
by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor. c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. 00500- 4
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d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' sname, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated. e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address.
f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice to Contractors.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder; 4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City.
5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
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6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7)
8)
9)
Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' sability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and
12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance 00500- 6
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CONTRACT
with ( 1), (2) or ( 3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City:
To City:
To Contractor:
Mailing Address:
Phone:
Email:
ATTN:
Miscellaneous
City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: ( 209) 941- 7430
FAX: ( 209) 941- 7449
ATTN: Senior Construction Manager
Well Drilling Industries, Inc.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express
authority to grant such approval or consent.
Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California.
Definitions. The definitions and terms are as defined in these specifications.
Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority.
Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract.
Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part ofthis Contract. 00500- 7
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8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract. 9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a
copy of any corporate or partnership
resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City.
Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits.
14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day. 16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. 17) Recovery of costs. The prevailing party in any action brought to enforce the terms ofthis Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party. 18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15.
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19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT ( Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City.
21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City.
Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance ofthe Notice to proceed. 23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' sSubmitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall
be furnished to the City by the Contractor after City Council' s approval with resolution.
00500- 9
SECTION 00500
ASR WELL DRILLING, DEVELOPMENT AND TESTING CONTRACT
CIP# PW 22- 36
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
By:
Name:
Title:
CITY OF LATHROP
Resolution No. 25 -
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
END OF SECTION)
00500- 1
EXHIBIT ha,"
SECTION 00300
ASR Well Drilling, Development and Testing BID PROPOSAL FORMS CIP # PW 22- 36
BID PROPOSAL FORMS
TO: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
A I hNTION: City Clerk
FOR: ASR Well Drilling, Development and Testing, Development and Testing, CIP# PW 22- 36
THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Principals are those named herein; that this Bid is made without collusion with any other person, firm, partnership, corporation, or association; that he has carefully examined the location of the proposed work and the Construction Documents; and he proposes and agrees that ifthis Bid is accepted he will contract with the City ofLathrop, in the form ofthe Contract as set forth in the Construction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in full payment therefore the price as proposed in the following Bid Schedule.
SCHEDULE OF VALUES
All applicable permit fees, licensing costs, sales taxes, State, and/ or Federal, and any other taxes, patent rights, or royalties are included in the prices quoted in the Bid. The Contractor shall prepare and submit for approval a cost breakdown of the Contract price ( Bid Items), to be referred to as the " Schedule of Values", assigning values to each major activity necessary to complete the work.
BASIS OF AWARD
The basis for award ofthe contract will be the price of the base bid. The City of Lathrop reserves the right to award the work contemplated by only the Base Bid, or none of the work. 00300- 1
PW 22- 36- Addendum No. 1
Response to Question # 6 - The City does not place deposits on materials, including casing materials, prior to delivery and acceptance of the work. However, the City understands the challenges associated with material procurement and is open to discussing alternative solutions with the selected contractor to help mitigate potential supply chain issues. Any proposed approach must align with the terms of the contract and applicable procurement policies.
Revision # 1 — Please utilize the revised bid schedule below. The only change is related to bid item # 21 ( Standby time). Original bid schedule assumed 0 hours, and Bid Schedule ( Revision 1) assumes 24 hours of standby time.
ASR Well Drilling, Development and Testing,
CIP# PW 22- 36
BID SCHEDULE ( Revision 1)
BID
ITE
M
DESCRIPTION QUANTIT
Y
UNIT
S
UNIT
PRICE
EXTENDED
TOTAL
1 Well Site Mobilization Lump Sum 1
50, 000. 50, 000.
2 Conductor Casing( 36- inch O. D.
X 3/ 8 -inch Wall ASTM A- 53
Grade B Steel Linear Foot 73
725. 00 52, 925. 00
3 Pilot Borehole Drilling ( 17. 5-
inch max) Linear Foot 980
90. 00 88, 200. 0
4 Geophysical logging Lump Sum 1
6, 800. 0 6, 800. 0
5 Zonal Sampling Each 5
20, 000. 100, 00.
6 Borehole Reaming Linear Foot 980
95. 00 93, 100. 0
7 Blank Well Casing (ASTM A778, Type 316E SS 18 - inch I.D.
X 3/ 8 -inch wall thickness) Linear Foot 40
880. 00 35, 200. 0
8 Blank Well Casing ASTMA778, Type 316L SS 18 -inch
I.D. X 5/ 16 -inch wall thickness) Linear Foot 863
692. 00 597, 196. 00
PW 22- 36- Addendum No. 1
9 Wire Wrapped Well Screen
ASTM A- 778, Type 316L SS
18 -inch I.D., with 0.60 -inch
Slot Size (Preliminary) Linear Foot 130
403. 00 52, 390. 0
10 Sounding Pipes ( 2 -inch,
Schedule 40 Stainless Steel) Linear Foot 606
33. 00 19, 998. 00
11 Gravel Fill Pipes ( 3 -inch,
Schedule 40 Stainless Steel) Linear Foot 723
62. 00 44, 826. 00
12 Gravel Envelope — Glass Beads
SiLi 4507R) Linear Foot 350
455. 00 159, 250. 0
13 Annular Seal Linear Foot 700 95. 00 66, 500. 0
14 Well Development Lump Sum 1 50, 000. 50, 000.
15 Install/ Remove Test Pump Lump Sum 1 17, 500. 0 17, 500. 0 16 WeI1 and Aquifer Testing Hour 24
650. 00 15, 600. 0
17 Plumbness and Alignment
Testing and Well Video Lump Sum 1
6, 500. 0 6, 500. 0
18 Dynamic Flowmeter ( Spinner)
Testing Lump Sum 1
2, 500. 0 2, 500. 0
19 Disinfection of Well Lump Sum 1 2, 500. 0 2, 500. 0
20 Containment and Disposal of
Drill Cuttings and Well
Discharge Water Lump Sum 1
75, 000. 75, 000.
21 Standby time Hour 24
500. 00 1.2, 000.
TOTAL BID 1, 547, 985. 00
TOTAL BID : $ 1, 547, 985. 00
ONE MILLION FIVE HUNDRED FORTY- SEVEN THOUSAND NINE
TOTAL BID IN WORDS : HUNDRED EIGHTY- FIVE DOLLARS AND NO CENTS 3)
4)
5)
SECTION 00300
ASR Well Drilling, Development and Testing BID PROPOSAL FORMS CIP # PW 22- 36
INFORMATION REQUIRED OF BIDDER
The Bidder ( Contractor) shall furnish the following information. This information is considered essential in enabling the Project Manager to determine if the Bidder is experienced in similar types of work and if the Bid is based on a careful study of methods applicable to the work and full realization of the various factors which may affect the progress of the work. Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Additional sheets shall be attached as required.
BIDDER' SINFORMATION
1) Bidder' s name and address:
Well Industries, Inc.
3282 Hwy 32, Chico, CA 95973
2) Bidder' stelephone number: 530- 891- 5545
Bidder' sfax number:
530- 891- 0793
Bidder' sContractor' s License # / Expiration Date / Classification:
812678 / 7/ 31/ 2025 / C- 57
Bidder' sDIR Registration # / Expiration:
1000037977 / 6/ 30/ 226
6) Person who inspected site of proposed work for Contractor' sfirm:
Name:
Justin Brandon
Date of Inspection:
3/ 12/ 2025
7) List at least 3 Aquifer Storage and Recovery (ASR) well drilling projects of a nature similar to this project that have been conducted within the last 5 years:
Project Contract
Price
Name, Address and
Telephone Number of Owner
Carmichael Water District -
Winding Way Well 1,02, 363. 00 Carmichael Water District - 7837 Fair Oaks Blvd, Carmichael, CA 95608 - 916- 483- 2452 - Ken Glotzbach
Carmichael Water District -
Ladera We11 1,27, 880. 0
Carmichael Water District - 7837 Fair Oaks Blvd,
Carmichael, CA 95608 - 916- 483- 2452 - Ken Glotzbach
Beale Air Force Base
Well 09 671, 850. 0
Beale AFB - Yuba County, CA 95903
530- 272- 1459- Gene Yu
00300- 4
SECTION 00300
ASR Well Drilling, Development and Testing BID PROPOSAL FORMS CIP # PW 22- 36
LIST OF SUBCONTRACTORS:
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' sTotal Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words "and/ or" will not be permitted.
Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Should the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing " Not Applicable" in the list below.
Subcontractor
License Percent of
Work to be Performed Number Total Contract Subcontractor' sName & Address
1. Geophysical/ Videos/ Spinner DIR# 1000059125 1. 02% Stewart Well Logging Services 18166 Mallard St, Woodland, CA 95695
2. 3.
4. 5.
6. Note: Attach additional sheets ifrequired.
00300- 5
SECTION 00300
ASR Well Drilling, Development and Testing BID PROPOSAL FORMS CIP # PW 22- 36
ADDENDA
Bidder certifies he reviewed ARC Stockton' swebsite for addenda within 48 hours of bid opening and acknowledges receipt of the following addendum ( addenda):
Addendum # 1
3/ 19/ 2025
Respectfully submitted,
DatedY/ e2- 6- WA/
Legal Name ofFirm
Signature of Authorized Representative
Seal)
If Bidder is a corporation, show State in which incorporated.) The full names and post office addresses of all persons and parties interested in the foregoing Bid as principals are as follows:
NOTICE): Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case of partnerships and joint ventures, give names and Post Office addresses of all the individual members.
3) e1 ley a ck7(. 0c A00300- 6
PW 22- 36- Addendum No. 1
Revision # 2 — Please utilize the revised Bidder' sBond Form Below. The only change is related to the surety bond. Original Bidder' sbond included a dollar amount, and this revision assumes Ten percent (10%) of the total amount of the bid.
In addition, the Bidders Bond should be notarized.
Section 00300
ASR Well Drilling, Development and Testing
BIDDER' SBOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
BID Proposal Forms
Well Industries, Inc dba North State Electric & Pump
3282 Hwy 32, Chico, CA 95973
as PRINCIPAL, and Granite Re, Inc. dba Granite Surety Insurance Company 14001 Quailbrook Drive, Oklahoma City, OK 73134
as SURETY are held; and firmly bond unto the City of Lathrop in the penal sum of TEN PERCENT ( 10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described below. for the payment ofwhich sum in lawful money ofthe United States, well and truly to be made to the City of Lathrop to which the bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by those presents. In no case shall the liability of the surety hereunder exceed the sum of $ Ten percent ( 10%) of the total amount of the bid.
THE CONDITION OF THIS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as follows. for which bids are to be opened at the City Hall, 390 Towne Centre Drive, Lathrop. CA: ASR Well Drilling, Development and Testing, Development and Testing, CIP# PW 22- 36.
NOW, THEREFORE, if the Principal is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature enters into a 11 ritten contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 25 of March , 2025.
Well Industries, Inc. dba
North State Electric & Pump
Address: 3282 Hwy 32
Seal)
Seal)
Chico, CA 95973
PW 22- 36- Addendum No. 1
N\ SE t
4 Granite Re. Inc. dba Granite = `
Surety Insurance Company
3NES!
Kenneth D. Whitti on, Attorney- 4140Oia %‘``
Address: 14001 Quailbrook Drive
Oklahoma City, OK 73134
NOTE: Signatures ofthose executing for the surety must be properly acknowledged. 1/ 46
SECTION 00300
ASR Well Drilling, Development and Testing BID PROPOSAL FORMS CIP H PW 22- 36
NONCOLLUSION AFFIDAVIT
STATE OF ea. i
COUNTY OF Ali , -1 c,
SS.
4 5/ 77, e , being first duly sworn, deposes and says that he or she is 4aostti of 4— / f
A / ) ' ty the party making the foregoing bid
that the bid E' not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price ofthe bidder or any other bidder, or ofthat of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, organization, bid depository, or to any member or agent thereof to effectuate a col dsive or sham bid.
Signature of: '' resident, Secretary,
Manager, Project Manager or Representative
The County of
State of
Subscribed and sworn to ( o • ffirmed) before me
on this day of , 20_, by
proved to
me on the basis of satisfactory evidence to be the
person( s) who appeared before me.
Seal
Signature3A. eA CCU
00300- 8
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 See Attached Document ( Notary to cross out lines 1-6
below)
See Statement Below ( Lines 1- 6 to be completed only by document signer[ s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (ifany) 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 Cal' mia
County of
Subscribed and swom to ( or affirmed) before me
on this' 5 day of r' \ C„ r--- ch , 20. S,
by Date Month Year
1) CC) c 2 _ Ski i w Z.. \ k
LISA M MCAFEE I ( and ( 2)
COMM. # 2507878
NOTARY C Ii MA C COUNTY of Bunt --
Seal
Place Notary Seal Above
Name( s) of Signer( s)
proved to me on the basis of satisfactory evidence
to be the erson( s) who appeared before me.
Signat
OPTIONAL
i'O
Signature of Notary Public
Though this section is optional, completing this information can deter alteratio , = e document or fraudulent reattachment of this fo to an unintended • : ument.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer( s) ! - r Than Named Above:
2014 National Notary Association • www. NationalNotary. org • 1 - 800 -US NOTARY ( 1- 800-76- 6827) Rem # 5910 SECTION 00300
ASR Well Drilling, Development and Testing BID PROPOSAL FORMS CIP # PW 22- 36
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the Bidder, any officer ofthe Bidder, or any employee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No \ k,
Ifthe answer is yes, explain the circumstances in the following space.
PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable fording of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor' sfailure to comply with an order of a federal court which orders the Contractor to comply with an order ofthe National Labor Relations Board.
NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
END OF SECTION)
00300- 9
GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
KENNETH D. WHITTINGTON; KYLE MCDONALD its true and lawful Attorney- in- Fact( s) for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and admowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC.. DBA GRANITE SURETY INSURANCE COMPANY a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said:
KENNETH D. WHITTINGTON; KYLE MCDONALD may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Assistant Secretary, this 31st day of July, 2023.
STATE OF OKLAHOMA
SS:
COUNTY OF OKLAHOMA )
Kenneth D. Whittington, President
Kyle' P. McDonald, Assistant Secretary
On this 31st day of July, 2023, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY and Kyle P. McDonald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly swom, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE, INC DBA GRANITE SURETY INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Assistant Secretary, respectively, of the Company.
My Commission Expires:
April 21, 2027
Commission II: 11003620
GRANITE RE, INC.
Certificate
Notary Public
THE UNDERSIGNED, being the duly elected and acting Assistant Secretary, of GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY, a Minnesota Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY and that said Power of Attorney has not been revoked and is now in full force and effect.
RESOLVED, that the President, any Vice President, the Assistant Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attomeys- in- fact or under other appropriate tides with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the Company in the course of its business.
On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." % 1 I i I r
i
01 i
i
IN WITNESS WHEREOF, the undersigned hfs‘ thtietitpcate and affixed the corporate seal of the Corporation this March 25 , 2025 . r `pa kipF
GR- 40 (CA) Ed. 06- 24
6 ` rig, 1,4/
i,ir tip` - • Kyle P. McDonald, Assistant Secretary
IiIt