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CLT1j Cjel r:-ts A C ~ Olv,9 .I^�^ , vORIGINAL V . \ AMENDMENT NO. 3 TO THE WELL & BOOSTER PREVENTATIVE 'Lq C nFFW15,193 MAINTENANCE AND SERVICES CONTRACT BY AND BETWEEN THE CITY '_." \ `' ° 4,..ity of t `9 -- This Amendment No. 3 ("Amendment No. 3") is hereby entered into this 11+1 day of V1A1 , 2018 by and between the City of Arcadia, a municipal corporation of the Statepf California, and General Pump Company, Inc., with respect to that certain Contract between the parties dated August 5, 2015 ("Agreement") further amended by Amendment No. 1 dated July 27, 2016, and further amended by Amendment No. 2 dated July 12, 2017. The Parties agree as follows: 1. Article 2.2.1 of the Contract, the Term is hereby extended from August 5, 2018 to August 5, 2019 ("Extended Term"). 2. All terms and provisions of the Contract not amended by this Amendment No. 3 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 3 on the date set forth below. CITY OF ARCADIA GENERAL PUMP CO, Y, INC. �By: ' ..�� By: Dominic azzaretto 1110 M►chaeI (3odart City Manager Title: Piesideiri/Dir �'En9iiieer, Dated: �� t l, 2a�� Dated: 6/11/1 g J By: Nan ",� ...--- ATT .T: Title: 3r. Plcojec/ �4'z,e! foj• Enyt. k''�It , 1� Dated: (c I,/ht C y '��rk � APPROVED AS TO FORM CONCUR: 11 —t.i5Ge 74- ,,,, -,-,./ Stephg-NXLt, Deitsch Tdrn Tait City Attorney Public Works Services Director CITY OF ARCADIA WELL & BOOSTER PREVENTATIVE MAINTENANCE AND SERVICES CONTRACT PART "F" PERFORMANCE BOND Bond No. 106210776 Premium: $1,422.00 per annum Annual Contract Term: 8/5/18 to 8/5/19 Issued in Triplicate PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City") has awarded to GENERAL PUMP COMPANY,INC., (hereinafter referred to as the"Contractor")an agreement for WELL&BOOSTER PREVENTATIVE MAINTENANCEAND SERVICES CONTRACT(hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated August 5,2015,and further amended by Amendment No. 1 dated July 27, 2016, further amended by Amendment No. 2 dated July 12, 2017, and further amended by Amendment No.3 dated , (hereinafter referred to as"Contract Documents"),the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we,General Pump Company, Inc. the undersigned Contractor and Travelers Casualty and Surety Company of America as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of SEVENTY-NINE THOUSAND DOLLARS AND NO CENTS ($79,000.00), said sum being not less than one hundred percent(100%)of the total amount of the Contract,for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators,successors or assigns, shall in all things stand to and abide by,and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship;and shall indemnify and save harmless the City,its officers and agents,as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents,the above obligation shall hold good for a period of one (1)year after the acceptance of the work by City,during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity,including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: PERFORMANCE BOND- 1 (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder,the Surety and the City,and make available as work progresses sufficient funds to pay the cost of completion of the Project,less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto,less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent withocal, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term"balance of the contract price"as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City,when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received,hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 27th day of June , 2018. General Pump Company, Inc. CONTRACTOR/PRINCIPAL frte-hae f Sc d ) eS�ed. Name h By: Ale SURETY: revelers Casualty and Surety Company of America By: Attorney-In-Fa , -tty L. Tolentino I , The rate of premium on this bond is $18.00 per thou -nd. The total amount of premium charges, $ 1,422.00 PERFORMANCE BOND-2 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Travelers Casualty and Surety Company of America 21688 Gateway Center Drive Diamond Bar, CA 91765 (Name and Address of Agent or Arthur J. Gallagher&Co. Representative for service of process in California, if different 1255 Battery Street, Suite 450 from above) San Francisco, CA 94111 (Telephone number of Surety and Surety: (909) 612-3670 Agent or Representative for service Agent: (415) 391-1500- Kevin Re of process in California NOTE: A copy of the Power-of-Attorney to local representatives ofthe bonding company must be attached hereto in addition to appropriate Notarial Acknowledgments of Execution by Contractor and Surety. PERFORMANCE BOND- 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 4 c.ae.w.v.Y_TiAa te.,ACva. ,e,C,Nw. ¢!sat.<TVZV.•.sem .�Ya tsvt.aC4.esa.v&V,ev r,.!Cv.@ iitt elte41' a_sax_.as.br Soak 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 Los Angeles On June 28, 2018 before me, Bonnie Brunel,Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Bodart Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($ whose name* is/ere subscribed to the within instrument and acknowledged to me that he/ohc/thoy executed the same in his/4901%4r authorized capacity(ies), and that by his/hcr/thcir signature(e)on the instrument the person($, or the entity upon behalf of which the person(e)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph �.,s. is true and correct. BONNIE BRUNEL NotaryPublic-California Z WITNESS my hand and official seal. Los Angeles County D L: ! CommissionMy Comm.Expires Jan 2,2021 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: �._�.— "..'_d,v,©f-e�--s.s,-a:-e•a � ,`e=L'. 'rtz"d^-w+9�'.-erO"u9:�'w9��9�s-o.�-enpgdg�c.--a ems:e.,qq�--eY-ems a h�'y�®'.. ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ,( .,cue, cz cc�c r.,.c,Me: ,cr x.. c. , . c:e rcxrcnc rY. Fcyk-,e<,' , �cnec�c m,c-'N 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 San Francisco ) On June 27, 2018 before me, K. Zerounian, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Betty L. Tolentino Name(s) of Signer(s) 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. e ,....LK.ZEROUNIAN WITNESS my hand and official seal. 1Notary Public-California z San Francisco County ➢ _ Commission#2199730 IIIIfti Signature "'".•• My Comm.Expires Jun 29,2021 Signat a of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General • Individual E.Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑-Guardian or Conservator ❑Trustee ❑ Guardian or Conservator 11 Other: ❑ Other: Signer Is Representing: Signer Is Representing: ..d,.b,.d.r 'S-,.-,.--.-•� .d,•m,•d •d.d.•d..,_ ._\.�..,,..,..,,•a',-m•.•,•,- ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Travelers Casualty and Surety Company of America iAl► Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY 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 Betty L Tolentino of San Francisco 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 the 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. 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. Habew, Dorn. s naarFORa, State of Connecticut 'r By: City of Hartford ss. Robert L.Raney,Sef r 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. (p.TE NtMy Commission expires the 30th day of June,2021 tkz * * 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 all 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 remains in full force and effect. Dated this 27th day of June , 2018 4.Wo Witty a�4ir aHa s� a - HARTFOCONKRD #.1 MORN Iy i Kevin E. Hughes,Assistant To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. CITY OF ARCADIA WELL & BOOSTER PREVENTATIVE MAINTENANCE AND SERVICES CONTRACT PART "G" PAYMENT BOND Bond No. 106210776 Premium Incl. in Performance Bond Annual Contract Term: 8/5/18 to 8/5/19 Issued in Triplicate PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Arcadia (hereinafter designated as the "City"), by action taken or a resolution passed JUNE 16, 2015 has awarded to GENERAL PUMP COMPANY,INC.hereinafter designated as the "Principal," a contract for the work described as follows: WELL & BOOSTER PREVENTATIVE MAINTENANCE AND SERVICES CONTRACT (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 August 5,2015,and further amended by Amendment No. 1 dated July 27,2016,and further amended by Amendment No.2 dated July 12,2017,and further amended by Amendment No. 3 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 ofany 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. Travelers Casualty and Surety NOW THEREFORE,we,the Principal and Company of America as Surety,are held and firmly bound unto the City in the penal sumof SEVENTY-NINE THOUSAND DOLLARS AND NO CENTS ($79,000.00) 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 relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the PAYMENT BOND- 1 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, two(2)identical counterparts of this instrument,each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 27th day of June 2018 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed b its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) General Pump Company, Inc. Principal (Propel, 'am- . Contractor) By: (Signature of Con r c or (Seal of Surety) Minae( adafi �'F'Si1e� Travelers Casualty and Surety Company of America Surety By: Betty L. Tolentin ttorney in Fact (Attached Attorney-In-Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and Surety and a Power of Attorney MUST BE ATTACHED. PAYMENT BOND-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 .cn•.i5A.aV._v t.vR_ss.t_vs _,a<.a<_a.skt_a t.v.o4<;it/.at_v_.^�. <_at.v. .wt�•.v<_a<_v ...c�t_zL. 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 Los Angeles County of On June 28, 2018 before me, Bonnie Brunel,Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Bodart Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(€). whose name(e) is/.are subscribed to the within instrument and acknowledged to me that he/sey executed the same in his/her.,444e4 authorized capacity(fes), and that by his/her/their signature(e)on the instrument the person4e), or the entity upon behalf of which the person(€)-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. �;•. *L<,�� BONNIE BRUNEL -°rg'w% NotaryPublic-California Z WITNESS my hand and official seal. zr '- Los Angeles County 1 Commission#2178326 ^' My Comm.Expires Jan 2,2021 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee LI Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Ls�,r.!.. ✓a 4C®:4•St: 4x114"m,. e".`e s`.,4-6wwgns Lt®u•-m. '."-en4`AK,,se "er-e'e 4-ew .'-e.:-e:owOce a' 4- ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ..i1'.A.A .A..Va...A '.V .Vs.:A.,A.4+..A-.A.�.^.1.:�.9�.ice\.Cf�.W�.A.A.A_V•-.- M.w .,. V•.A.A.9a.9f..'\.'A.91.'A.i1�.H.Va�.oa.V...V•.M-. 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 San Francisco ) On June 27, 2018 before me, K. Zerounian, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Betty L. Tolentino Name(s) of Signer(s) 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. �`�,..�..,,� K.ZEROUNIAN WITNESS my hand and official seal. NotaryPublic—California Z Z,1 San Francisco County n Commission#2199730 Signature ---PN% !"^�• My Comm.Expires Jun 29,2021 Sy'gnatur of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: I Corporate Officer — Title(s): E Corporate Officer — Title(s): = Partner — E, Limited General Partner — E Limited ❑General Individual E Attorney in Fact 11 11 Individual E Attorney in Fact .i Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator i7 Other: ❑ Other: Signer Is Representing: Signer Is Representing: ,d,.d,N,•M.d..d.d,_�..d_Y.,M..d_.d...Y,.y_.d._.�..A' tf.•y,.d.d.t"*'.b._d..S._.d.d. .S .d,' ' L'•Y,•y..•N=!/ LI`li.-4"S'F 6#_f'N„NQ ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company J TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY 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 Betty L Tolentino of San Francisco 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 the 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. 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. N10 SYECIT 'kly , 4Na 4J sG COWttARTFOV�, ' MOM'$ CONN o ! ,(y+' ty Fpsa 4 * of/ State of Connecticut By: " �.>> ✓r ""1 r. City of Hartford ss. Robert L.Raney,Sef4br 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. o.TtT My Commission expires the 30th day of June,2021 C.. J����kL iJ3 * ,r Marie C.Tetreault,Notary Public q44 Ow 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 all 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 remains in full force and effect. Dated this 27th day of June ,2018 . a��,•.,...^44. + TT y4FF0t HP .� CORA �a�o psKevin E. Hughes,Assistant To verify the authenticity of this Power of Attorney,p/ease call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. \\04 Clill CW105 , n: C 61 g o ORIGINAL �.�G�11FRtyiq rl li._; AMENDMENT NO 1 TO THE WELL & BOOSTER PREVENTATIVE i . .71,�°1 MAINTENANCE AND SERVICES CONTRACT BY AND BETWEEN THE CITY e.e.�s,wc� - - 'r4` .� OF ARCADIA AND GENERAL PUMP COMPANY, INC. I This Amendment No 1 ("Amendment No. 1") is hereby entered into this 17441 day of ULL 2016 by and between the. City of Arcadia, a municipal corporation of the State of■ California, and General Pump Company, Inc., with respect to that certain Contract between the parties dated August 5, 2015 ("Agreement"). The Parties agree as follows: 1. Article 2.2.1 of the Contract, the Term is hereby extended from August 5, 2016 to August 5, 2017 ("Extended Term"). 2. All terms and provisions of the Contract not amended by. this Amendment No. 1 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA GENERAL PUMP COMPANY, INC. By: �Z5 BY: ■,/ Dominic Lazzaretto is cefeoc/art City Manager Title: f'reSidef/Direc or o,e 6ric; Jeerin 1/4-1 Dated: 21 , 20110. Dated: 7/6' J C/ _ By: ,1 i t/ .l I g)-nr�lq er nip.- f. ` 'Tr 7 Title: c5e'ci'eflicy _ ilk L AL ii I ,, .i i' ,.iL i Dated: 7/84A ,irk . . ._ APPROVED AS TO FORM CONCUR: P. ier-4, frt-ti griporp -- A„,tr. Stephen P. Deitsch m Tait City.Attorney Public Works Services Director CITY OF ARCADIA WELL & BOOSTER PREVENTATIVE MAINTENANCE AND SERVICES CONTRACT CONTRACT BETWEEN CITY OF ARCADIA AND GENERAL PUMP COMPANY, INC. CONTRACT FOR THE CITY OF ARCADIA THIS CONTRACT is made this t day of , 2015, in the County of Los Angeles, State of California b and between the City ofArca' d a hh6r 9 y y e einafter called City, and General Pump Company, Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project: WELL & BOOSTER PREVENTATIVE MAINTENANCE AND SERVICES CONTRACT The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor's failure to comply with this obligation. IR ARTICLE 2. TIME FOR COMPLETION. 2.1 The Work shall be commenced on the date stated in the City's Notice to Proceed. IN Contractor shall perform and complete all Work under this Contract for one -year from the date of execution. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. 2.2 Contractor shall coordinate the Work with the other work being performed on the Project, in accordance with those schedules as may be issued from time to time during the performance of the Work, and any other scheduling requirements listed in this Contract, so as not to delay, impede, obstruct, hinder or interfere with the commencement, progress or completion of the whole or any part of the Work or other work on the Project. 2.3 The Contractor shall participate and cooperate with the City in the development of schedules and other efforts to achieve timely completion of the Work providing information for the scheduling of the times and sequence of operations required for its Work ( "Contractor Schedule ") to meet City's overall master project schedule requirements ( "Master Schedule "). The Contractor shall continuously monitor the Master Schedule so as to be fully familiar with the timing, phasing and sequence of operations of the Work and of other work on the Project, and shall execute the Work in accordance with the requirements of the Master ® Schedule including any revisions thereto. The Contractor shall notify the Engineer within 48 °# hours of any slippage in the Contractor Schedule and shall submit a detailed recovery plan to the Engineer for approval within five (5) calendar days of such notice. �! 2.4 Should the progress of the Work or of the Project be delayed disrupted, hindered, obstructed, or interfered with by any fault or neglect or act or failure to act of the Contractor or any of its officers, agents, servants, employees, subcontractors or suppliers so as to cause any additional cost, expense, liability or damage to the City, the Engineer or any consultants retained by the City for the Project, including legal fees and disbursements incurred by the City, the Engineer, or the consultants retained by the City for the Project, (whether incurred in defending claims arising from such delay or in seeking reimbursement and indemnity from the Contractor and its surety hereunder or otherwise) or any damages or additional costs or expenses for which the City, the Engineer or the consultants retained by the City for the Project, may or shall become liable, the Contractor and its surety shall and does hereby agree to compensate the City, the Engineer or the consultants retained by the Contract - 1 F-97 iqCity for the Project„ for and indemnify them against all such costs, expenses, damages and liability. 10 2.5 The City, in its sole discretion, may direct the Contractor to work overtime and, if so directed, the Contractor shall work said overtime and, provided that the Contractor is not in default 14 under any of the terms or provisions of this Contract or of any of the other Contract Documents, the City will pay the Contractor for such actual additional wages paid, if any, at the prevailing wage rates plus taxes imposed by law on such additional wages, plus workers' compensation insurance, liability insurance and levies on such additional wages if 14 required to be paid by the Contractor. 2.6 If, however, the progress of the Work or of the Project is delayed by any fault or neglect or act or failure to act of the Contractor or any of its officers, agents, servants, employees, subcontractors or suppliers, then the Contractor shall, in addition to all of the other obligations imposed by this Contract upon the Contractor in such case, and at its own cost and expense, work such overtime as may be necessary to make up for all time lost in the completion of the Work and of the Project due to such delay. Should the Contractor fail to make up for the time lost by reason of such delay, the Engineer or City shall have the right to cause other contractors to work overtime and to take whatever other action it deems necessary to avoid delay in the completion of the Work and of the Project, and the cost and expense of such overtime and /or such other action shall be borne solely by the Contractor. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of SEVENTY -NINE THOUSAND DOLLARS AND NO CENTS, ($79,000.00). Payment shall be made as set forth in the General Conditions. ARTICLE 4. PAYMENTS 4.1 The City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Contractor shall be paid a sum equal to ninety -five percent (95 %) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments. 4.2 The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment. 4.3 Unless otherwise required by law, the final payment of five percent (5 %) of the value of the Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion. 4.4 Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising from this Contract. 4.5 Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents. 4.6 The Contractor shall submit with each payment request the Contractor's conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms Contract - 2 prescribed by California Civil Code sections 8132, 8134, 8136, and 8138. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or materialmen. ARTICLE 5. PAYMENTS WITHHELD AND BACKCHARGES In addition to amounts which the City may retain under other provisions of the Contract Documents the City may withhold payments due to Contractor as may be necessary to cover: a. Stop Notice Claims. b. Defective work not remedied. C. Failure of Contractor to make proper payments to its subcontractors or suppliers. d. Completion of the Contract if there exists a reasonable doubt that the Work can be completed for balance then unpaid. e. Damage to another contractor or third party. f. Amounts which may be due the City for claims against Contractor. g. Failure of Contractor to keep the record ("as- built ") drawings up to date. h. Failure to provide updates on the construction schedule. i. Site clean -up. Failure of the Contractor to comply with requirements of the Contract Documents. Liquated damages. Legally permitted penalties. Upon completion of the Contract, the City will reduce the final Contract amount to reflect costs charged to the Contractor, back charges or payments withheld pursuant to the Contract Documents. ARTICLE 6. CHANGES AND EXTRA WORK 6.1 The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract amount and Contract time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, in the form attached hereto and incorporated herein as Exhibit 'A," and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. 6.2 All claims for additional compensation to the Contractor shall be presented in writing before the expense is incurred and will be adjusted as provided herein. No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a dispute arises. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item Contract - 3 or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract. 6.3 Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order, unless the City requests that proposals be submitted in less than seven (7) Days. 6.4 Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order. 6.5 Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City. 6.6 Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City. 6.7 If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the work immediately on a force account basis and /or issue a lump sum change to the contract price in accordance with the City's estimate of cost. If the change is issued based on the City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added /deleted work, the Contractor presents written proof that the City's estimate was in error. 6.8 Estimates for lump sum quotations and accounting for cost - plus - percentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows: (a) Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials cost shall be based upon supplier or manufacturer's invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion. (c) Tool and Equipment Use. No payment will be made for the use of small tools, tools which have a replacement value of $1,000 or less. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed. Contract - 4 (d) Overhead, Profit and Other Charges. The mark -up for overhead (including supervision) and profit on work added to the Contract shall be according to the following: "Net Cost" is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and subcontractors at cost only, without mark -up. For Work performed by the Contractor's forces the added cost for overhead and profit shall not exceed fifteen (15 %) percent of the Net Cost of the Work. iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen (15 %) percent of the Net Cost of the Work to which the Contractor may add five (5 %) percent of the subcontractor's Net Cost. iv. For Work performed by a sub - subcontractor the added cost for overhead and profit shall not exceed fifteen (15 %) percent of the Net Cost for Work to which the subcontractor and general contractor may each add an additional five (5 %) percent of the Net Cost of the lower tier subcontractor. V. No additional markup will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty -five (25 %) percent of the Net Cost as defined herein. 6.9 For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor's signed detailed estimate of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub- subcontractors. 6.10 For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed estimate or quotation of the cost to the Contractor, signed by such vendor or supplier. 6.11 Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed. 6.12 Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and /or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and /or actual acceleration due to a multiplicity of changes and /or clarifications. The Contractor may not change or modify the City's change order form in an attempt to reserve additional rights. 6.13 If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and /or time extension. If the Contractor agrees with the City, a change order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such Contract - 5 determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order. 6.14 No dispute, disagreement or failure of the parties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously. 6.15 Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor's surety or sureties. ARTICLE 7. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $100.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. ARTICLE 8. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following: Notice Inviting Bids Instructions to Bidders Contractor's Bid Forms Contractor's Certificate Regarding Workers' Compensation Bid Bond Designation of Subcontractors Information Required of Bidders Non - Collusion Declaration form Iran Contracting Act Certification form Public Works Contractor Registration Certification form Contract Performance Bond Payment (Labor and Materials) Bond General Conditions Special Provisions (or Special Conditions) Technical Specifications California Building Codes as defined in the General Conditions Addenda Plans and Contract Drawings Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. ARTICLE 9. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local Contract - 6 laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project. ARTICLE 10. INDEMNIFICATION. 10.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its respective officials, officers, agents, employees, and representatives ( "Indemnitees ") from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages (including without limitation the payment of all consequential damages and attorney fees and other related costs and expenses) or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to tangible property or persons (including wrongful death, accidents or injuries arising from the alleged failure to inspect or to maintain traffic controllers or traffic signals, injuries or damages occurring during the transport of products or in rendering services under the Contract Documents, such as automobile accidents, trip /slip and fall accidents and third party assaults) arising out of or resulting from the performance of the Work or this Contract (including claims made by subcontractors for nonpayment), to the extent that the acts, omissions or willful misconduct are attributable to the Contractor or anyone employed directly or indirectly by any of them. Contractor shall defend, at Contractor's own cost, expense and risk, with legal counsel of Indemnitee's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its respective officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy anyjudgment, award or decree that may be rendered against the City and its respective officials, officers, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City and its respective officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. 10.2 The duty to defend and to hold harmless, as set forth above, shall include the duty to defend as established by Section 2778 of the California Civil Code, and the duty to defend shall arise upon the making of any claim or demand against the City, its respective officials, officers, agents, employees and representatives, notwithstanding that no adjudication of the underlying facts has occurred, and whether or not Contractor has been named in the claim or lawsuit. 10.3 Nothing contained in the preceding sections shall be deemed to obligate the Contractor to indemnify the City or any of the other Indemnitees, against liability for damages or any other loss, damage or expense sustained, suffered or incurred on account of death or bodily injury to active persons or injury to property caused by the sole negligence or willful misconduct of the City or any of the other Indemnitees set forth above. Therefore, if it is determined by legal proceedings or agreement, that the Contractor has no direct contributory or incidental negligence or other obligation to the City or the other Indemnitees, and the Contractor is in no way a proper party to a particular claim, then the Contractor shall not be obligated to hold the City or any Indemnitees harmless with respect to said claim. However, until such determination is made by legal proceedings or agreement, or if the Contractor is found to have any degree of direct or contributory negligence or if it is determined that the Contractor is in any way or to any degree a proper party to said claim, then the Contractor's obligations under all of the terms and provisions of the preceding section shall remain in full force and effect. Contract - 7 10.4 Nothing in this provision, or elsewhere in the Contract Documents, shall be deemed to relieve the Contractor of its duty to defend the City or any Indemnitee, as specified under this Article, pending a determination of the respective liabilities of the City or any Indemnitee, by legal proceeding or agreement. 10.5 In furtherance to, but not in limitation of the indemnity provisions in this Contract, Contractor hereby expressly and specifically agrees that its obligation to indemnify, defend and hold harmless as provided in this Contract shall not in any way be affected or diminished by any statutory or constitutional immunity it enjoys from suits by its own employees or from limitations of liability or recovery under workers' compensation laws. ARTICLE 11. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the Public Works Services Department or may be obtained online at http / /www.dir.ca.aov /dlsr and which must be posted at the job site. IN WITNESS WHEREOF, this Contract has been duly executed by the above -named parties, on the day and year above written. CITY OF ARCADIA GENERAL PUMP COMPANY, INC. By. By: ominic Lazzaretto - Name AMChaed 0,odcrt City Manager oi Title —� Attest: Attest: 1 By: By_ N IC Name Title Approved as to form: F. VTI ;' �krtlodi Stephe P. Deitsch City Attorney Attestation of Contractor's signature must be obtained when required by the by -laws, articles of incorporation or other laws, rules or regulations applicable to Contractor's business entity. _. Contract - 8