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HomeMy WebLinkAboutC-4252 C Cis
7
AMENDMENT NO. 2 TO THE WELL & BOOSTER PREVENTATIVE
r-- MAINTENANCE AND SERVICES CONTRACT BY AND BETWEEN THE CITY
UT'1 of
OF ARCADIA AND GENERAL PUMP COMPANY, INC.
ARCA DI A,
r
This A mendment No. 2 ("Amendment No. 2") is hereby entered into this I . day of
- iviii 1I_-x , 2021 by and between the City of Arcadia, a municipal corporation of the
State •f California, and General Pump Company, Inc., a California Corporation, with respect to
that certain Contract between the Parties dated August 7, 2019 ("Contract"), and further
amended by Amendment No. 1 dated August 31, 2020.
The Parties agree as follows:
1. Pursuant to Section 2.1 of the Contract, the Term is hereby extended from August 7,
2021 through August 7, 2022 ("Extended Term").
2. All terms and provisions of the Contract not amended by this Amendment No. 2 are
hereby reaffirmed.
In witness whereof the Parties have executed this Amendment No. 2 on the date set
forth below.
CITY OF ARCADIA GENERAL PUMPFOMPANY, INC.
By: �.��,ss By: r �Ji
Do's azzarett•
City Manager Title: I I$' iJ i , If i I .a i 5.
Dated: ` 'ire-' .152--1 i 2.521 Dated: VI 7,021
By:
'll7L
ATTEST: Title: )'n h � .trt 111-. Lary.
_ 11.4e/ z#
De49144y Dated: 71Drifial
City Clerk
APPROVED AS TO FORM: CONCUR:
CiefgroveL
.e.-r.:,---/
stepheri P. Deitsch om Tait
City Attorney Public Works Services Director
CITY OF ARCADIA
WELL & BOOSTER PREVENTATIVE MAINTENANCE
AND SERVICES CONTRACT
PART "F"
PERFORMANCE BOND
(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 Prosect 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 with local, 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 28th day of
July 20 21.
General Pump Company, Inc.
CONTRACTOR/PRINCIPAL
thad11 '141
Name
By: 27__ ,
SUR TY:Travelers Casualty and Surety Company of America
•
By: ,4
Attomey-Ind=ct -
PERFORMANCE BOND -2
Thuyduonq Le,Attorney-in-Fact
The rate of premium on this bond is $16.00 per thousand. The total amount of premium
charges, $ 2,201.00
(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 2100 N. California Blvd., Suite 350
from above)
Walnut Creek, CA 94596
(Telephone number of Surety and Surety 909.612.3674/Agent: 925.299.1112
Agent or Representative for service
of process in California
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be
attached hereto in addition to appropriate Notarial Acknowledgments of Execution by Contractor
and Surety.
PERFORMANCE BOND - 3
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Alameda )
OnJV(,kk.{ 2 D 1 Z�-1 before me, Brittany Kavan, Notary Public
1 (insert name and title of the officer)
personally appeared Thuyduong Le ,
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. �IuIIIr�rrrr�����������������r��r�����
'.°`..: '"^ BRITTANY KAVAN
WITNESS my hand and official seal. :: WfsA-
+�T COMM.#2338092 Z
NOTARY PUBLIC-CALIFORNIA
• CONTRA COSTA COUNTY -•
y Ccmm)ssidn Expires 12/11/2024
IIuIIIIIIIrrrrllrrlllnrrrrrrrnrrr�
Signature (Seal)
• . Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
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 Thuyduong Le of
SAN FRANCISCO , California , their true and lawful Attorney(s)-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 21st day of April,
2021.
awry p r aNa
0,5°,0
° so
m
HARTFORD 0-, it CV10141109
i 4t, SEAL
State of Connecticut �
By:
City of Hartford ss. Robert L.Rane , enior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
"1.4-,v4-, ,/
IN WITNESS WHEREOF, I hereunto set my hand and official seal. 'r'�ea/LAG !/ �����My Commission expires the 30th day of June,2026 t ,orr,nr* 's+" *`
Ps:ra •
Anna P.Nowik,Notary Public
evFcs�'
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies,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 each of the Companies, 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 28th day of July , 2021 .
r/w '" ��,..1v a,yo c
JJ/ 9µ
3�'H,yqGeq �' MARTiORD, , r:r*.lti.Willi m. ,,,,. !e " core,. o .„y
IR
Kevin E. Hughes,Ass' tant
To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880.
Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached.
CITY OF ARCADIA
WELL & BOOSTER PREVENTATIVE MAINTENANCE
AND SERVICES CONTRACT
PART "G"
PAYMENT BOND
Bond No. 106957302
Premium included in Performance Bond
Executed in Three Counterparts
Renewal Term: August 7, 2021 to August 7, 2022
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 18, 2019 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 712019 ("Contract Documents"), further
amended by Amended No. 1 dated Aufust 31, 2020,and further amended by Amendment No.
2 dated r&A)f \ • Z) , the terms and conditions of which are expressly
incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender,equipment, or other supplies used in, upon,for or about the performance of
the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts
due under the Unemployment Insurance Code or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of employees
of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond
will pay for the same to the extent hereinafter set forth.
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 sum of ONE HUNDRED THIRTY-SEVEN
THOUSAND, FIVE HUNDRED FIFTY DOLLARS AND NO CENTS ($137,550.00)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
PAYMENT BOND - 1
rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the
bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any
such contract or agreement or under the bond, nor by any fraud practiced by any person other than
the claimant seeking to recover on the bond and that this bond be construed most strongly against
the Surety and in favor of all persons for whose benefit such bond is given, and under no
circumstances shall Surety be released from liability to those for whose benefit such bond has been
given, by reason of any breach of contract between the owner or City and original contractor or on
the part of any obligee named in such bond, but the sole conditions of recovery shall be that
claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full
amount of his claim and that Surety does hereby waive notice of any such change, extension of
time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and
2845 of the California Civil Code.
IN WITNESS WHEREOF, 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 28th day of July 20 21 the name and corporate
seal of each corporate party being hereto affixed and these presents duly signed by its undersigned
representative pursuant to authority of its governing body.
(Corporate Seal of Principal, if
corporation)
General Pump Compan , Inc.
Principal (Prope a Na •e of Contractor)
� r--
(Si nature of Contractor)
(Seal of Surety) Macid tolforAclvt
Travelers Casualty and Surety Company of America
Surety
tit
By:
Thuyduong L:, 'ttorney i ct
(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 ACKNOWLEDGMENT CIVIL CODE § 1189
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 ofLos Angeles
On August 4, 2021 before me, Alexa Juarez,Notary Public ,
Date Here Insert Name and Title of the Officer
Michael Bodart
personally appeared , II
Name(`)of Signer(!)
who proved to me on the basis of satisfactory evidence to b th person(I)whose name() is/4e subscribed
to the within instrume t and acknowledr�ed t• me that he/s /th y executed the same in hi / er/their
authorized capacity(i ), and that by his/Per/t eir signature(s on e instrument the person( ),/It
he entity
upon behalfof which he person( actec, exe�uted the instr ment.
be a p (�)
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
, � Notary Public CaliforniaWITNESS my han•.ri"-!--7416.1116 "46.4317,7.
/_, a .ffi�ial seal.
: ., �_; Los Angeles County
r'.•75/ Com,^`scion;2266422
\�"-1'' Expires Nov 10,2022
�• �My CornT._Xp
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public
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): 0 Corporate Officer— Title(s):
❑ Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General
❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact
❑ Trustee 0 Guardian or Conservator 0 Trustee ❑ Guardian or Conservator
O Other: 0 Other:
Signer is Representing: Signer is Representing:
©2019 National Notary Association
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Alameda )
On J 1ti1 - 2S t--©Z( before me, Brittany Kavan, Notary Public
(insert name and title of the officer)
personally appeared Thuyduong Le ,
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.
Pt Ot
WITNESS my hand and official seal.
BRITTANY KAVAN
a =u�, �,�';e�.im COMM.#2338092 Z
Z -`4� ,�, NOTARY PUBLIC-CALIFORNIA
p . N CONTRA CO57A COUNTY
My Commission @xplres 12/19/2024
Signature (Seal) """'11111111i1ra11irtr���iir�rriIl
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
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 Thuyduong Le of
SAN FRANCISCO , California , their true and lawful Attorney(s)-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 21st day of April,
2021.
cN,nwner Jp�iY AyO +�
g dL W__
_ � �
H 9 wP HARTPoN
CONN. i 2 .
, > i f[Ai
t " z
State of Connecticut
By:
City of Hartford ss. Robert L.Rane enior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal. j ,
• NOTARY
My Commission expires the 30th day of June,2026 * ia,L4
R'�t0 ` Anna P.Nowik,Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies,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 Attomeys-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 each of the Companies, 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 28th dayof July , 2021 .
4w° Y
SHARTFORD.
HiC1 1 y tJ AL _
GOtY1. Y CORN. n
v •
Kevin E. Hughes,Assistant tory
To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880.
Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. .
Cr111L�Prl�
i )00-go 6,16(L.
AMENDMENT NO. 1 TO THE WELL & BOOSTER PREVENTATIVE
MAINTENANCE AND SERVICES CONTRACT BY AND BETWEEN THE CITY
OF ARCADIA AND GENERAL PUMP COMPANY, INC.
CITY Of
ARCADIA
This Amendment No. 1 ("Amendment No. 1") is hereby entered into this 315f day of
(ARI , 2020 by and between the City of Arcadia, a municipal corporation of the
State of/California, and General Pump Company, Inc., a California Corporation, with respect to
that certain Contract between the Parties dated August 7, 2019 ("Contract").
The Parties agree as follows:
1. Pursuant to Section 2.1 of the Contract, the Term is hereby extended from August 7,
2020 through August 7, 2021 ("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: —:/7`
:���c•�7 ' By:
Dominic Lazzarett•
City Manager Title: r t Y{ �'or bt G110r
Dated: Qcv > Dated: 7' Zo
By: c� G`
A EST: Title:Nit Q,r *1I,(Seco ' J
t/'Tf Dated: 4`7/6612 v
City Clerk
APPROVED AS TO FORM: CONCUR:
Stephen P. Deitsch Tait
City Attorney Public Works Services Director
• Bond No. 106957302
Premium: $2,201.00
Executed in Three Counterparts
Renewal Term: August 7, 2020 to August 7, 2021
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 Maintenance and 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 AUl`ti s# ':I 16._o , (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.
General Pump Company, Inc.
NOW, THEREFORE, we, 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 ONE HUNDRED THIRTY-SEVEN THOUSAND,FIVE HUNDRED
FIFTY DOLLARS AND NO CENTS ($137,550.00), 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. *under the State of Connecticut
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:
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
PERFORMANCE BOND - 1
(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 with local, 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 30th day of
July , 20 20.
General Pump Company, Inc_
CONTRACTOR/PRINCIPAL
X29 fi f Prodoti-Jr,
Name
By:
SURETY:Travelers Casualty and Surety Company of America
By:T. Le, Attorney-In-Fact
The rate of premium on this bond is $16.00 per thousand. The total amount of premium
charges, $ 2,201.00
(The above must be filled in by corporate attorney.)
PERFORMANCE BOND - 2
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 1160 Battery Street, Suite 360
from above)
San Francisco, CA 94111
(Telephone number of Surety and Surety: (909)612-3270/Agent: (415)546-9300
Agent or Representative for service
of process in California
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be
attached hereto in addition to appropriate Notarial Acknowledgments of Execution by Contractor and
Surety.
PERFORMANCE BOND - 3
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
a
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 1
County of Los Angeles J}
On August 3, 2020 before me, Alexa Juarez, Notary Public
Date Here Insert Name and Title of the Officer
Michael Bodart
personally appeared
Name(4)of Signer(
who proved to me on the basis of satisfactory evidence to be the person()whose name( ) is/a+ s bscribed
to the within instrument and acknowledg d to me that he/s /tl-4ey executed the same inhis/her/th it
it
authorized capacity(iis), and that by his/h�r/th signature(jon the instrument the person( ), or the entity
upon behalf of which the person( )acted, executed the inst ment.
I certify under PENALTY OF PERJURY under the
h ALEXA JUAREZ laws of the State of California that the foregoing
�� Notary Public California paragraph is true and correct.
l- .'. Los Angeles County
Commission#2266422 WITNESS my hand a • : ' ial seal.
''`"°`" My Comm.Expires Nov 10,2022 n
iSignature 1,
Place Notary Seal and/or Stamp Above Signatur-•otary Public
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): 0 Corporate Officer—Title(s):
o Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General
❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact
o Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator
❑ Other: 0 Other:
Signer is Representing: Signer is Representing:
©2018 National Notary Association
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Contra Costa )
On J `{ Z- 0� before me, Brittany Kavan, Notary Public
J (insert name and title of the officer)
personally appeared T. Le
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.
..,-,- ,.<., BRITTANY KAVAN
\
W/ COMM. #2176183 =
WITNESS my hand and official seal. te I "#4-- - NOTARYPUBLIC-CALIFORNIA A
SAN FRANCISCO COUNTY
My Comm.Exp.December 19,20201
- p ------)
Signature (Seal)
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
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 T.Le 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.
twouroro.vmsookiii invf
II•
State of Connecticut
By:
City of Hartford ss. Robert L.Raney,Se or Vice President
On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that
he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by
himself as a duly authorized officer.
In Witness Whereof,I hereunto set my hand and official seal.
My Commission expires the 30th day of June,20216ritt OJkJL c.
* 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 Attomeys-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 Attomeys-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 30th day of July , 2020
,car:0) .J•�tr pyo
4� �1
*if
Kevin E.Hughes,Assi ant Secretary
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.
• Bond No. 106957302
Premium included in Performance Bond
Executed in Three Counterparts
Renewal Term:August 7, 2020 to August 7, 2021
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 18. 2019 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,4uc)r si 3 i ,2C)20 ("Contract Documents"),the terms
and conditions of which are expressly incorprated 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 ,abor done thereon of any kind, or for amounts
due under the Unemployment Insurance Code or for any amounts required to be deducted
withheld, and paid over to the Employment Development Department from the wages of employees
of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond
will pay for the same to the extent hereinafter set forth.
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 sum of ONE HUNDRED THIRTY-SEVEN
THOUSAND, FIVE HUNDRED FIFTY DOLLARS AND NO CENTS ($137,550.00)lawful money of
the United States of America, for the payment o' 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
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
PAYMENT BOND - 1
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, nave beer duly executed by the Principal and Surety
above named, on the 30th day of July 20 20 the name and corporate
seal of each corporate party being hereto affixed and these presents duly signed by its undersigned
representative pursuant to authority of its governing body.
(Corporate Seal of Principal, if
corporation)
General Pump Company, Inc. _
Principal Pro rty a le of Contractor)
(Yll(Xla �e ar o r
By: ��
(Signature of Contractor)
(Seal of Surety)
Travelers Casualty and Surety Company of America
Surety
By: __
T. Le, Attorney 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 ACKNOWLEDGMENT CIVIL CODE § 1189
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 1
County of Los Angeles J}
On August 3, 2020 before me, Alexa Juarez,Notary Public
Date Here Insert Name and Title of the Officer
Michael Bodart
personally appeared
Name )of Signer
who proved to me on the basis of satisfactory evidence to be the persons}whose name(s) is/1i subscribed
to the within instrument and acknowledged to me that he/s a/thty executed the same in hi /h�r/th4ir
authorized capacity(i�s), and that by his/hr/thir signature( on he instrument the person(, or the entity
upon behalf of which he person() acted, executed the inst ment.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
, .ol•,� ALEXAJUAREZ
< = Notary Public California WITNESS my hand - a offi ial seal.
Aget
CommisLosnsion les s4 Coun2266422y a
I 21"f My Comm.Expires Nov 102022 i
Signature 40110111:dierwie
Place Notary Seal and/or Stamp Above Signature of '•arry Public
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): 0 Corporate Officer— Title(s):
❑ Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General
❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact
❑ Trustee ❑ Guardian or Conservator 0 Trustee 0 Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
©2018 National Notary Association
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Contra Costa
On J ULk i 3 CC 1 -2-0—LO before me, Brittany Kavan, Notary Public
(insert name and title of the officer)
personally appeared T. Le
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.
BRITTANY KAVAN
WITNESS my hand and official seal. - 7: � COMM.#217b183
W � . '. ,
;�-�.?, • NOTARY PUBLIC-CALIFORNIA m
cc
•?4Ci. "•' , SAN FRANCISCO COJNTY
_ _gkSg My Comm.Exp.December 19,202
� ..�...+.....�t
Signature (Seal)
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
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 T.Le 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.
e
l
State of Connecticut
By:
City of Hartford ss. Robert L. Raney, Seofit 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. wT"
My Commission expires the 30th day of June, 2021 �ON"t'
* + Marie C.Tetreault,Notary Public
�'otiy S
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 30th day of July , 2020
C� fr` C,mow ANO
�Corre CO/OMR
/7C..--
06
evin E. Hughes,Ass�crettary
To verify the authenticity of this Power of Attorney,please call us at 1-800-411-3880.
Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached.
C L\267—
\\OO <6t)
CONTRACT FOR THE
CITY OF ARCADIA
THIS CONTRACT is made this 7k day of AA9L('* , 2019, in the County of Los
Angeles, State of California, by and between the City of rcadia, hereinafter 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.
ARTICLE 2. TIME FOR COMPLETION.
2.1 The Work shall be commenced on the date stated in the City's Notice to Proceed.
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
City for the Project, for and indemnify them against all such costs, expenses, damages and
liability.
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
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
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 ONE HUNDRED THIRTY-
SEVEN THOUSAND, FIVE HUNDRED FIFTY DOLLARS AND NO CENTS ($137,550.00).
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
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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 rnaterialmen.
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.
Site clean-up.
j. Failure of the Contractor to comply with requirements of the Contract Documents.
k. 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, backcharges 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
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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.
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(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.
ii. 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 mark up 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
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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
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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 attorneys 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 any judgment, 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.
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
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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.gov/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 GENERAP PUMP COMPANY, INC.
Dominic Lazzaret Sianatur"e�
City Manager 11IChI1 J1 Eildtlii-`ktholat}-i pir
Print Name and Title
Attest'
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2
By: /IA tit,Li i1 1:[,, AL . L / 0
By:
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Signature
elivr £4un l - Santa/
PrintName and Title
Approved as to Form:
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Stephen P. Deitsch
City Attorney
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