Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutC-2193FO ORIGINAL AMENDMENT NO. 5 TO THE WELL & BOOSTER PREVENTATIVE MAINTENANCE AND SERVICES CONTRACT Aupn 3. If0! BY AND BETWEEN THE CITY OF ARCADIA AND GENERAL C- a \1.3-S ap„t, Of PUMP COMPANY, INC. This Amendment No. 5 ( "Amendment No. 5 ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and General Pump, Inc. with respect to that certain Agreement between the parties dated December 13, 2005 ( "Agreement "). The parties agree as follows: 1. The term of the Agreement is extended to and including June 30, 2010. 2. All terms and provisions of the Contract not amended by this Amendment No. 5 are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 5 on the date set forth below. CITY OF ARCADIA By:� Donald Penman City Manager Date: o t /12- { 39 ATTEST: ity Jerk Date CO Pat Malloy, A!ssistaaftity Manager / Public Works Services Director GENERAL PUMP COMPANY, INC. By: (Print Name & Title) Dated: �o / a 7 , 2009 Bond No. 105175301 FAITHFUL PERFORMANCE BOND Premium $5,700.00 100% of Contract Price KNOW ALL PERSONS BY THESE PRESENTS: That General Pump Company, Inc. , hereinafter referred to as "Contractor" as PRINCIPAL, and Travelers Casualty and Surety Company of America A corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole suretyy upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of TWO HUNDRED EIGHTY -FIVE THOUSAND DOLLARS AND NO CENTS ($285,000.00), 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, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: WELL & BOOSTER PREVENTIVE MAINTENANCE AND SERVICES CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 28th day of October 20 09. General Pump Company, INc. Travelers Casualty and Surety Company of America Principal (notari Surety { arized) (SE L l�Qe/ 8o a/ By. { Richard Adair, Attorney in Fact CALIFORNIA ALL-PURPOSE • DGMENT 5.�:�:!:$.�t � <:�:;:�: . �r�ce :�:3> X35. �3.> ��S; c:. �3: �: �:;::. ��:;: �: �c. �: Cr- �.�.,::�-,.- . <- _.,:�.,c�.,:�.•, .. �.= �.,:��,:. >, :. >_ +_�,:•. s�It? a. _Z. -I- State of California County of Los Angel es On 10-28-09 before me P. Bauer, Notary Public Date ' Here Insert Name and Title of the Officer ' personally appeared Richard Adair Names) of 5fpner(s) P. BAUER Commission # 1698392 -� Notary Public - California Los Angeles County My. omm. Expires Oct 19. 2010 who proved to me on the basis of satisfactory evidence to be the personN) whose name(as) is/aM subscribed to the within instrument and acknowledged to me that he /shy executed the same in his/MSMS Wauthorized capacity(ko, and that by hi~NMX signatureM on the instrument• the person(Q, or the entity upon behalf of which the person( ,X) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Man fficial seal. Place Notary Seal Above Signature i r of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: O Individual ❑ Corporate Officer,—Title(s): — ❑ Partner" ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer fs Representing: RIGHTF THUSIGNER MBPRINT O Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact - ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: •. CALIFORNIA • ACKNOWLEDGMENT State of California County of Los Angeles On November 2, 2009 before me, Bonnie Brunel, Not Public Date Here Insert Name and Title of the Officer personally appeared Michael Bodart Name(s) of Signer(s) " 1 100 ja7 50W 9WRIU BFt. Conrnission • 1828918 NO" Pubfic - CsIbrnla 16 Los Angefts County My Comm. Ejgm Ow 15.2012 who proved to me on the basis of satisfactory evidence to be the personX whose name(A) is/m subscribed to the within instrument and acknowledged to me that heAebsAMW executed the same in hisAmoMbeir authorized capacity(i*, and that by his /hes&sir signature(g) on the instrument the person(,I!�, or the entity upon behalf of which the personV 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. WITNES my hand and official seal. Signature ��-- -^-e –� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .p of . here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact - - ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 Bond No. 105175301 Premium included in FP Bond LABOR AND MATERIAL BOND 00% o Contract Price) KNOW ALL PERSONS BY THESE PRESENTS: That General Pump Company, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and Travelers Casualty and Surety Company of America A corporation duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole. Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of TWO HUNDRED EIGHTY -FIVE THOUSAND DOLLARS AND NO CENTS ($285,000.00), 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, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: WELL & BOOSTER PREVENTIVE MAINTENANCE AND SERVICES CONTRACT Which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, 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 for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, In case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court, This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor. or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 28th day of October 120 09 General Pump Company, Inc. Travelers Casualty and Surety Company of America Principal (notariz =ed) BY: By: ,/",z," z," (SEAL i cha He ai-7` ) Richard Adair, Attorney in Fact CALIFORNIA • ACKNOWLEDGMENT �. . • .i.-. - = State of California County Of Los Angeles On 10 -28 -09 before me, P. Bauer, Notary Public Date Here Insert Name and Title of the Officer ' personally appeared Richard Adair Name(s) of Signers) P. BAUER Commission # 1698392 Z �� Notary Public - California +' -�� . Los Angeles County My Comm. Expires Oct 19, 2010 who proved to me on the basis of satisfactory evidence to be the person(t) whose name(e) is/aM subscribed to the within instrument and acknowledged to me that he/sioaUW executed the same in hisMiVOW authorized capacity(ies), and that by hi~>?itf XsignatureM on the instrument the person(), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my official seal. Place Notary Seel Above Signature ign of N ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer,—Title(s): _ ❑ Partner = ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer It Representing: RIGHTTHUMRPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact - ❑ Trustee Top of thumb here C3 Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association'- 9350 De Soto Ave., P.O. Box 2402- Chatsworth.CA 91313 -2402- wwwNationalNoteryorg I1em#6907 Reord 'r.CallToll- Free1.8o0- a7"827 CALIFORNIA State of California County of LOS Angeles On November 2, 2009 before me, Bonnie Brunel Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Bodart Name(s) of Signer(s) �i�ME S�A1NIEf1, ColnNMssioa # ie2681a ID NOWY Pwk - Caftmis Lor Anow s Cowry COM- E DIN 15 2012 who proved to me on the basis of satisfactory evidence to be the personof whose nameX is /see subscribed to the within instrument and acknowledged to me that he /sheNwy executed the same in his/IlwafteW authorized capacity(), and that by his /use► signature** on the instrument the person(., 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. WITNESS my hand and official seal Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of e 02007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313 -2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 z WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER IA. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 216350 Certificate No. 002460007 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Richard Adair, Gail Kelch, Patricia L. Rowley, and P. Bauer of the City of Glendale , State of California , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, 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 day of June 2008 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 23rd St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Y q •s1 P OZD� .y�y�y�.,,� �.T t W � "'- ��.�wW : o i a IIAfiTFOfi�� < SEAL:a , cam" ° 1886 .'�'v/ S' OFNEW �a�,�� n tSp AN rs....�..: AIN By: Georg Thompson, enior ice President On this the 23rd day of June 2008 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty 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. eotx In Witness Whereof, I hereunto set my hand and official seal. � My Commission expires the 30th day of June, 2011. Marie C. Tetreault, Notary Public 58440 -5 -07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty 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-i n -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, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty 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 is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seats of said Companies this 28th day of October , 20 09. Kori M. Johann Assistant Secretary �,v„nu�xE eux r 1951 N� �.SE ALioi �ot$EAL'3 y CORN. o ��2 g .,/�`� `y � ��, �'� *� �� F „NCt. �� ufs- NMN,�a'�I >!,. a° s Ant 11�.��_.+'✓✓`io. `V� s' To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CERTIFICATION OF CONTRACTOR IN ACCORDANCE WITH LABOR CODE SECTION 1861 The undersigned is aware of the provisions under Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and it will comply with such provisions before commencing the performance of the work of this Contract. &eher�l / G Inlo ( &An oxnC1 -444 -. Contractor By: 4� Title:�il�r off' E��e� %max, -- nM1a \\00 - Z0 C� 1y3 AMENDMENT NO. 4 TO THE WELL & BOOSTER PREVENTATIVE MAINTENANCE AND SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND GENERAL PUMP COMPANY, INC. This Amendment No. 4 ( "Amendment No. 4 ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and General Pump, Inc. with respect to that certain Agreement between the parties dated December 13, 2005 ( "Agreement "). The parties agree as follows: The revised total contract amount shall be reduced by five percent (5 %). The revised total annual compensation payable by the City to the Contractor shall not exceed TWO HUNDRED EIGHTY FIVE THOUSAND AND NO CENTS ($285,000.00) 2. General Provisions (page GP -18) shall be amended to include the following language: lmmiciration Reform and Control Act. Contractor acknowledges that Contractor, and all subcontractors hired by Contractor to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ( "IRCA'). Contractor is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Contractor to perform services under this Agreement are in compliance with the IRCA. In addition, Contractor agrees to indemnify, defend and hold harmless the City, its agents, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that Contractor's employees, or the employees of any subcontractor hired by Contractor, are not authorized to work in the United States for Contractor or its subcontractor and /or any other claims based upon alleged IRCA violations committed by Contractor or Contractor's subcontractor(s). [SIGNATURES ON NEXT PAGE] "o In witness whereof the parties have executed this Amendment No. 4 on the date set forth below. CITY OF ARCADIA By: pal � Donald Penman City Manager Date: y1 ? ./ o9 ATTEST 0 ty y -(� vq 1 r Date CONC Pat Malloy, Assistanf City Manager / Public Works Services Director GENERAL PUMP COMPANY, INC. By: 1U;e,Aa G I 444✓ % �l ✓, O� �/5'N�+/ N (Print Name & Title) ' Dated: 3 z °/ 12009 P0 a ORIGINAL. 1 r, AMENDMENT NO. 3 TO THE WELL & BOOSTER �• - • - PREVENTATIVE MAINTENANCE AND SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND GENERAL PUMP COMPANY, INC. This Amendment No. 3 ( "Amendment ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and General Pump, Inc. with respect to that certain Agreement between the parties dated December 13, 2005 ( "Agreement "). The parties agree as follows: 1. The term of the Agreement is extended to and including June 30, 2009. 2. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 3 on the date set forth below. CITY OF ARCADIA By: 1 c yw � By: Donald Penman City Manager Dated: 9 , 2008 APPROVED AS TO FORM: City Attorney GENERAL PU , INC. 1'tch&t4 f3oc1�4rt (Print Name) 2)1`rxhr ©f F�99i�1EFfi (Title) % Dated: %/ S , 2008 Pat Malloy Assistant City Manager/ Public Works Services Director CERTIFICATION OF CONTRACTOR IN ACCORDANCE WITH LABOR CODE SECTION 1861 The undersigned is aware of the provisions under Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and it will comply with such provisions before commencing the performance of the work of this Contract. Jin Contractor 0 Title: D`frfOr c)O Fiainee. -�'n� Bond No. 105022327 Premium $6;000:00 -- FAITHFUL PERFORMANCE BOND 100 °0 of Contract Price KNOW ALL PERSONS BY THESE PRESENTS: That General Pump Company, Inc. hereinafter referred tows "Contractor" as PRINCIPAL, and Travelers Casualty and Surety Company of America A corporation duly organlzea ano aorng uusme5s wivai allu uy vn— 11.4 ,u. .,- State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of THREE HUNDRED THOUSAND DOLLARS AND NO CENTS ($300,000.00), 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, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: WELL & BOOSTER PREVENTIVE MAINTENANCE AND SERVICES CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and. in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain In full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, Including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 3rd day of September , 20 08 General Pump Company, I Travelers Casualty and Surety Company of America Principal (notarized) S e otarized) By: 1 By {SEAL) %a!1 {Sp' g uer, Attorney in Fact j l CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California t County of Los Angeles 1 On a -¢_nB before me, Gail Kelch, Notary Public Daze Here 1n Name antl Tine o/ ne Dflmar personally appeared P. Bauer who proved to me on the basis of satisfactory evidence to be the person(L) whose name(g) isM6 subscribed to the within instrument and acknowledged to me that AWshe/t wexecuted the same in histher/tt>f authorized capacity(ies), and that by txiii/her/tHtMKsignature(e) on the instrument the person(s), 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. WITNESS my by /dyand official seal. II Place Notary seal Above Signature- &gnaWre oh Notary Public OPTIONAL Through the information below is not required by law, It may prove mivable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): — ❑ Partner =❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator LEI Signer Is Representing: PoGHrTHUMRPRIM. OF SIGNER ' Number of Pages: Signer's Name ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHURIBPRINT 'DF F SIGNER 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Log AngPIPc r. On September, 5. 2008 before me, Bonnie Btwnel, Notar Pnhlic Date Here Insert Name antl T11 f the '.'r personally appeared Michael Bodati Name(s) of Signer(s) BONNIE BRUNEL m _ Comlasbn# 1574620 Notary Pudic - California Los Angeles County My Comm. Expires Sap 20, 2008 who proved to me on the basis of satisfactory evidence to be the person(yf whose name(,g) is/see subscribed to the within instrument and acknowledged to me that he /rte executed the same in hisA=WN4ek' authorized capacity(to, and that by hisdooNntr signature(s) on the instrument the person(), or the entity upon behalf of which the person(06 acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES my d and official seah Signature�� - Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Net ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER ®200] National Notary Associatim- 9350 De Soto Ave.. PO.13or,2402- 13hataworth,CA 91313- 2402- vmnv.NationalNotary.org Item #5907 Raortler.CaIITOIbFreef- 800.816 -882] Bond No. 105022327 Premium included in FP Bond LABOR AND MATERIAL BOND (100% of Contract Price) KNOW ALL PERSONS BY THESE PRESENTS: That General Pump Company, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and Travelers Casualty and Surety Company of America A corporation Duly organizes ano acing Duslness under ano Dy vinue or ine Taws oT line State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of THREE HUNDRED THOUSAND DOLLARS AND NO CENTS ($300,000.00), 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, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: WELL & BOOSTER PREVENTIVE MAINTENANCE AND SERVICES CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, 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 for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, In case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools; provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 3rd day of September 20 08 General Pump Comps -, —1n—&.,\ Travelers Casualty and Surety Company of America Principa notarized) . Suret (n arized) By: By: 1 / (SE ) . cyurFJ 1le/arf EAL) P. Bauer, Attorney in Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ai �t x w<a• State of California County of Los Angeles On 9 -3 -08 before me, Gail Kelch, Notary Public Date Here IlI60(( Neme end Title of p,e GXicx ' Personally appeared P. Bauer who proved to me on the basis of satisfactory evidence to be the person(t) whose name(6) is4M subscribed to the within instrument and acknowledged to me that lgt/she/tbWexecuted the same in KlWhedtW authorized capacity(", and that by WhertiltU csignature(s) on the instrument, the person(s), 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. WITNESS my ha pd and official seal. Pleoe NOtaq Seal Above Signature - SipruWre olNOlaryP�ppo OPTIONAL Though the information below is not required by law, it may prove mivable to persons relying on the document and could prevent fraudulent removal and reattachment of this torn to another document. Description of Attached Document Tltle or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner = ❑Limited El General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHTTHUMBPRINT J.DF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT TH UUMDPRINT OFBIGIJEfl - ✓5'✓ , »S -a , State of California County of T nc Angeles On September 5 2008 before me, Bonnie Brunel Notary Public Date Here Insert Name an' Title OI the O cer personally appeared Michael Bodart Name(s) of Signeds) BONNIE BRUNEL Commission w � 1514620 e Notary Pu - CalUomh Los Angeles Counly 1Nycomm. Exphu Sep 20, 2008 who proved to me on the basis of satisfactory evidence to be the personpq whose nameo Wam subscribed to the within instrument and acknowledged to me that he/zha& ' executed the same in his/ it authorized capacity(ms), and that by hisAheMheir signature(K on the instrument the person(a)s or the entity upon behalf of which the persona acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my d and official seog Signatur Place Notary Seal Above Signature at Notary Putonc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney "in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Nar ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINr OF SIGNER p o 'hum here 02007National Notary Association•9MO Da SOW Ave., P.O.B=2402 -Chats rth,CA 91313- 2402- yMVNatlonalNOtary0t9 8emu5907 Reorcer: Call Toll -Free 1- 800- 876�7 TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 216350 St. Paul Guardian Insurance Company SL Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. O U 1 4 7 3 9 G 9 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Richard Adair, Gail Kelch, Patricia L. Rowley, and P. Bauer of the City of ^x —, 1 , State of California , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, 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. 26th IN WITNESS WHEREOF, the Companies have caused this mstrument to'be signed and n the corporate seals to be hereto affixed, this day of Febmary 2007 , Farmington Casualty Company Y.`.' z. St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Cpmpany ; St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company or America St. Paul Fire and Marine Insurance Company United Slates Fidelity and Guaranty Company TY e Y rla pW a�°W, der- W�P�txvnc�txl 83 qg .i � 1977 (94 AGso'i ,5EdL '4 55 �cn't+' fs',..��ji •la...� '° x +' State of Connecticut City of Hartford ss. By: J/'�al�G " Georg T'i,. pson, oior /ice President On this the 26th day of February 2007 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice ]'resident of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty 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. l w �� C . � In Witness Whereof, I hereunto set my hand and official seal. w � � � ` ' ` � My Commission expires the 30th day of June, 2011. O '0(IlUp Marie C. Tetreault, Notary Public 0'CF' 58440 -8 -06 Printed in U.S.A. ORIGINAL AMENDMENT NO. 2 TO THE WELL & BOOSTER PREVENTIVE MAINTENANCE AND SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND GENERAL PUMP COMPANY, INC. This Amendment No. 2 ( "Amendment') is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California and General Pump Company, Inc. with respect to that certain Agreement between the parties dated December 13, 2005 ( "Agreement "). The parties agree as follows: The term of the Agreement is extended to and including December 12, 2008. 2. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 2 on the date set forth below. CITY OF ARCADIA By: J't,�P.►vr.a,._ 1419L67 William R. Kelly Date City Manager (SEAL) TTEST� ty ler I Dale AP ROVED AS TO FORM:' Stephen P. Deitsch City Attorney GENERAL PUMP COMA INC. By:// )/ ae -1 nC/4 r7' rint name) r-ecyzn tr Fr/�.nesri _ (Title) 4� Pat Malloy "r Public Works Services Director l i- FAITHFUL PERFORMANCE BOND Bond No. 104869173 100% of Contract Price Premium: $6,000.00 KNOW ALL PERSONS BY THESE PRESENTS: That General Pump Company, Inc. , hereinafter referred to as "Contractor" as PRINCIPAL, and Travelers Casualty and Surety Company of America State" of Californ ia and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of THREE HUNDRED THOUSAND DOLLARS AND NO CENTS ($300,000.00), 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, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: WELL & BOOSTER PREVENTIVE MAINTENANCE AND SERVICES CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 13th day of November 2007 . General Pum Company, Inc. Travelers Casualty and Surety Company of America Principal (notarized) Sure y (no rued By: —✓✓— _ By. (SEA) ( L) Richard Adair, Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 11 -13 -07 before me, P. Bauer, Notary public Date Name and ride of Office, (e.g., 'Jane Doe. Notary Pub(k ) personally appeared Richard Adair- . Names) of Signers) apersonally known tome — OR —❑ proved tome on the basis of satisfactory evidence to be the perscn(sl whose name(t) is /aag subscribed to the within instrument and acknowledged to me that he /aOAAiw_y executed the same in h)s /Aef /their authorized capacity(rer.), and that by his /#erdtkeir signature(,on the instrument the personO, or the entity upon behalf of which the person(ii) acted, Cariffinfilloon 0 1~ executed the instrument. Notary Am -commm Los Ang" W ftp X10 WITNESS my hand and official seal. 4//6�� Signature of Notary Pubik OPTIONAL Though the information below is not required bylaw, It may prove valuable to persons relying on the document and could prevent fraudulent. removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑Limited ED General Attorney -in -Fact Trf fstPa Guardian or Conservator Other: . Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact q Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: 0 1994 National Notary Assacml on . 8236 Remmal Ave.. P.O. So. 9184 • Canoga Park, OA 91309 -7184 prod. No. 5907 Reorde, Caa To14Free 1.800-8968827 State of California County of Los Angeles On November 14, 2007 before me, Bonnie Brunel, Notary Public Date Name antl The of Officer (e.g., "Jane toe, Notary Public ") personally appeared Michael Bodart , M Rinnnds) personally known to me /❑ (or proved to me on the basis of satisfactory evidence) to be the person( whose name( sill subscribed to the BONNIE BRUNEL within instrument and acknowledged to me that Commission # 1514620 he /91�wq..executed the same in his/los9ieeil' authorized ,6 Notary Public - California Los Angeles County capacity( , and that by hisilundheir signatureo) on the If My Comm. Expires Sep 20,2W8 instrument the person(h), or the entity upon behalf of which the personA) acted, executed the instrument. WITNESS my hand and official seal. y� Place Notary Seal Above 4 %L7K.Z�f�'y Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General 1 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Ttle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 7RIGHTTRUMBPRINT OF SIGNER 0 ® 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313 -2402 Item No. 590J Reorder: Call Toll-Free 1$00 - 0]6-662] C LABOR AND MATERIAL BOND Bond No. 104869173 (100% of Contract Price) KNOW ALL PERSONS BY THESE PRESENTS: That General Pump Company Inc hereinafter referred to as "Contractor" as PRINCIPAL, and Travelers Casualty and Surety Company of America A corporation duly organized and doing business unaer ana oy virtue of ULU iawa Vi Lilt; State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City' in the sum of THREE HUNDRED THOUSAND DOLLARS AND NO CENTS ($300,000.00), 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, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: WELL & BOOSTER PREVENTIVE MAINTENANCE AND SERVICES CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, 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 for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 13th day of November 20 07 General Pump Co , Inc. Travelers Casualty and Surety Company of America Principal (notarize )N Suret (notarized) By By (SEA (SEAL) Richard Adair, Attorney -in -Fact CALIFORNIA,ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 11 -13 "07 before me,.. P. Bauer, Notary Public Dale - Name and Title of Office, (e.g., •Jane Doe, Notary PoElic) ' personally appeared Richard Adair . Name(s) of Signer(s) ' IXpersonally known tome — OR — ED proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is /afe subscribed to the within instrument and acknowledged to me that he /ekpAhey executed the same in his /�P-"/threir authorized capacity(+es), and that by Y yip hisl+t wdtheir signatureO on the instrument the person(, Comm * 16"392 or the entity upon behalf of which the person(} acted, executed the instrument. to nro•W11 Cou* Myccnvr B4+yppOt19.401 WITNESS my hand and official seal. naWra of Notary Publk OPTIONAL Though the information below is not required bylaw, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. :Description of Attached Document . Title or Type of Document: Document Date: Number of Pages: Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's .Name: ■ Individual Corporate Officer Title(s): Partner —❑ Limited ❑ General Attorney -in -Fact . Trustee Guardian or Conservator Other:. _ Signer Is Representing: Signer's Name: 9 Im Individual Corporate Officer Title(s): Partner —❑ Limited Attorney -in -Fact Trustee ❑ General Guardian or Conservator Other: Signer Is Representing: W 1 996 National Notary ASaoCoatlon • 8296 Remmel Ave.. P.O. Box 9184 • Canoga PaM, OA 91309 -7184 Prod. No. 5947 Reorder Call To14F,ea 1. 800- 876-6W7 TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 216350 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No, 001473692 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that SL Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company and SL Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the Suite of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Richard Adair, Gail Kelch, Patricia L. Rowley, and P. Bauer of the City of Glendale , State of California , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, 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 perm ttedlin any actions or proceedings allowed by law. a, 26th IN WITNESS WHEREOF, the Companies have caused this instrument t6 be st ned and their corporate seals to be hereto affixed, this day of February 2007 Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company ` 'J St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, lnc Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company c n Starry a; a,�4 _ixs�\ ap.,r�isuyry gfl�i yswtn. y�'Nb a': pPOfl1> 9 y j /pf, 9Hp tpu/ �5 6[� * al�O riff'. I . COW049 )e',� 'S� ` t. £' t9ex 3 7977 g 1°g E0 1Y927 °,•..SEa[...'e SsaL;: u• "LONnfle.L� �"'.+tnass • ie `xt E s�Tiw +eEl `'r._:.'ry+• A1N State of Connecticut City of Hartford .ss. By: Georg Thompson, nior lice President On this the 26th day of February 2007 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty 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. p,Tq In Witness Whereof, I hereunto set my hand and official seal. � My Commission expires the 30th day of June, 2011. i SIGs* O 58440 -8 -06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY Marie C. Teneault, Notary Public IS INVALID WITHOUT THE RED BORDER r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On November 14, 2007 before me, Bonnie Brunel, Notary Public Date Name and Title of Officer (e.g.,'Jane Doe, Notary Public") personally appeared Michael Bodart BONNIE BRUNEL Commission # 1514620 Notary Public • California • `��?:�� Los Angeles County my, Comm. Exphes Sep 20.2008t Place Notary Seal Above �i personally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person(,0 whose naml isilme subscribed to the within instrument and acknowledged to me that he Wiakm executed the same in hisillmokkol authorized capacity(, and that by hiss signatul on the instrument the personA, or the entity upon behalf of which the person I, acted, executed the instrument. WITNESS my hand and official seal. `� "tryi'•c'1�`� <2�r Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 0 Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER LN 0 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 Item No. 5907 Reorder: Call Toll -Free 1- 80P8]8-682] CERTIFICATION OF CONTRACTOR IN ACCORDANCE WITH LABOR CODE SECTION 1861 The undersigned is aware of the provisions under Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and it will comply with such provisions before commencing the performance of the work of this Contract. Contractor By: Title: ORIGINAt AMENDMENT NO. 1 TO THE WELL & BOOSTER PREVENTIVE MAINTENANCE AND SERVICES CONTRACT L Y AND PUMP TWEE OMPANYN TH NC. OF ARCADIA AND This Amendment No. 1 ("Amendment") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California and General Pump Company, Inc. with respect to that certain Agreement between the parties dated December 13, 2005 ( "Agreement "). The parties agree as follows: The term of the Agreement is extended to and including December 12, 2007. 2. All of the terms and provisions of the Agreement 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 By. llkc4j�l q I. ,roe( William R. Kelly Date City Manager (SEAL) ATTE 31 tl3°f a1 City K D to APPROVED AS TO FORM:' C). " Stephen P. Deitsch City Attorney GENERAL PUMP CO PANY, INC. By. . Michael Bodart (Print name) Director of Enoineerino (Title) Pat Malloy *� Public Works Services Director r FAITHFUL PERFORMANCE BOND Bond No. 104869126 100% of Contract Price Premium $6,000.00 KNOW ALL PERSONS BY THESE PRESENTS: That General Pump Company, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and Travelers Casualty and Surety Company of America A corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of THREE HUNDRED THOUSAND DOLLARS AND NO CENTS ($300,000.00), 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, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: WELL & BOOSTER PREVENTIVE MAINTENANCE AND SERVICES CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. in the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 15th day of January 20 07 General Pump Company, Inc. Travelers Casualty and Surety Company of America Principal (notate Sur notarized) By: ' By: (SEAL)PiCy4, j 4SEAL) P. Bauer, Attorney in Fact o jo e .�Etnir r i CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On January 15. 2007 before me, Date personally appeared P. Bauer I Gail Kelch, Notary Public Name and Title of Officer (e.g., "Jane Doe Notary n personally known to me–OR –❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name( is /air subscribed to the within instrument and acknowledged to me that 1N13 /shl executed the same in) NN /her/UlliNxauthorized capacity(ies), and that by Ift /her /tIMr signatureM on the instrument the personN), y �( or the entity upon behalf of which the personM acted, C I GAIL KELCH r executed the instrument. .r ommesion # 1693632 i Notary Public • Caufarr is t Lae Angeles County WITNESS my ha and official seal. My Comm. Expires Aug 21, 2010 /� rr� l ^ ,t, Signature of No ary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ El Individual Corporate Officer Title(s): Partner —❑ Limited Attorney -in -Fact Trustee ❑ General Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINIT OF SIGNER Signer's Name: ❑ Individual a ❑ El El El Number of Pages: Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRINIr GF SIGNER T 1995 Netiona; Notary Association • 8236 Remmet Ave.. P.O. Box 716e "Cando. Psi. CA 913097)89 - Prod No. 5907 Roomer: Call Toll -Free 1 -800- 876 -6132' ia. rrnOMIA All t _ouRIOOSE ACKNOWLEDGMENT State of California I ss. County of � aaPlNs J e e January 17, 2007 Bonnie Brunet, Notary Public On before me Dale Michael B Title of Officer (eg.,-Jane Doe, Notary Public ") personally appeared Narce(a) of Slgnar(s) p❑ ersonally known to me proved to me on the basis of satisfactory evidence to be the person(4 whose name(,$) iskgrw BONNIE BRUNEL subscribed to the within instrument and @,My CommWlon # 1514620 acknowledged to me that he executed Notary Public- California _ the same in his /hsd eir authorized LOSNgelescounty capacity�i, and that by hiseu Comm. Explres Sep 20.200B signature �,sJ"on the instrument the person(a), or the entity upon behalf of which the person(ol acted, executed the instrument. WITN SS my hand and off cial seal. i Place Notoy Seal Above Signature of Notary Punic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: O 1999 Nabonal NO a Ans mton • 9 N Solo Ave., P.O. aoa 2492 • Cnatawvtn. CA 913152992 • www.ne�ronananaw� u RIGHT THUMBPRINT OF SIGNER i j LABOR AND MATERIAL BOND (100% of Contract rice) KNOW ALL PERSONS BY THESE PRESENTS: That General Pump Company, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and Travelers Casualty and Surety Company of America Bond No. 104869126 Premium included in FP Bond State* of Califomia, ind duty licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of THREE HUNDRED THOUSAND DOLLARS AND NO CENTS ($300,000,00), 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, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: WELL & BOOSTER PREVENTIVE MAINTENANCE AND SERVICES CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, 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 for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court.. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 15th day of January 20 07 General Pump Company, Inc. Travelers Casualty and Surety Company of America Principal (nota trae Sur notarized) (5EAL�ieJ F Cld , � $Y (S L T- 7Yi/I>a'Ei iIk: P. Bauer, Attorney in Fact I� CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of County of California Los Angeles On January 15, 2007 Date personally appeared before me, Gail Kelch, Notary Public Name and Title al D6icar (e.g., 'Jane Doe, Notary Public ?) P. Bauer Name(s) of Signegs) E personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name( is /105 subscribed to the within instrument and acknowledged to me that I* /she /#W# executed the same inUX /her/XhMauthorized capacity(ies), and that by IXWher /*Ar signature(V) on the instrument the personN), GAIL KELCH or the entity upon behalf of which the personoo acted, Commpdm f 16!3672 executed the instrument. No" Pubic • caffa a MN Ca Lon E !S 21, 2010 WITNESS AZ official seal. '� ture of Notary Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ Attorney -in -Fact ❑ Trustee ❑ General ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHrTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(sl: ❑ Partner — ❑ Limited IE General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER C 1995 f:3uonal Not., A...0 lcm • 8236 Ramo,ei Ave.. P.D. Box 71 80 - Canoga Park, CA 913097184 Prod, No 5907 Reorder. Call Toll -Free 1.800 - 876 -6827 ST PAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 216350 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 001145259 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut. that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Richard Adair, Gail Kelch, Patricia L. Rowley, and P. Bauer of the City of Glendale , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, sea] 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 perrmrt d'in any-Adons or proceedings allowed by law. filth IN WITN@g S WHEREOF, the ComparJ -0ave caused this m®stnUnen to be SJgne ,and thei(�corl4orate seals to be hereto affixed, this day of May WW r 3]`a'43°J,,'Sa".k_:'`�� Farmington Casualty C9,%P n}`- ,,.; `�� -' -�g*XX Fidelity and GuarantylAsura �p pagp Fidelity and Guaranty `(nsupaticnderwdlers, Inc. Seaboard Surety Company SL Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company SW T 00-1 xM INSef 011-� � ♦ xleo„r- "! HRMw[W a1mPtIG eg-=82) trc °o 19771927 �I.SEAL %a C0"' ' . I- : O mod.. e Yr 'fit T OFrEa +S rM a State of Connecticut City of Hartford ss. By: J orge W ompsan, Sen r Vic President 11th May 2006 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty 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. aT In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. * A(/B�\� 58440 -6 -06 Printed in U.S.A. `nqA;.b C , j � � �' Marie C. Teneault, Notary Public CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California I ss. County Of �T 4nrtnlac J January 17, 2007 Bonnie Brunel, Notary Public On before me, y y��'1' Data Michael BVl1WGd Tine of Officer (e.g.,'Jere Doe. Notary Public') personally appeared BONNIE BRUNEL Commission # 1514620 `e Notary Public - CalBornla Los Angeles County My Comm. Expires sep 20, 2008 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person�4 whose nl isbell subscribed to the within instrument and acknowledged to me that hety executed the same in hisr authorized capacity, and that by hisAuwAly it signature;4 on the instrument the person(O, or the entity upon behalf of which the personol acted, executed the instrument. CWITN SS my hand analseal. yc� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 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 Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 Nalonal Notary Asaonalion • 9350 De Soto Ave., P.O. Box 2402 • Chatmorl6 CA 91313 -2402 • wwx.naf.n.lnata,.T Prod No. 5907 NeoNec Cell Tollfrea 1- 806876-689 CERTIFICATION OF CONTRACTOR IN ACCORDANCE WITH LABOR CODE SECTION 1861 The undersigned is aware of the provisions under Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and it will comply with such provisions before commencing the performance of the work of this Contract. P�17Eiir.� PCmp C_c*ml�cr� Contractor Y: iC QOC' /'i Title: AGREEMENT THIS AGREEMENT is entered into this 13"' day of D nIW 2005 between the CITY OF ARCADIA, whose address is 240 W. Huntington Drive, Arcadia, California, 91007 (hereinafter referred to as 'CITY') and GENERAL PUMP COMPANY, INC. whose address is 159 N. Acacia Street, San Dimas, CA 91773 (hereinafter referred to as CONTRACTOR'). RECITALS A. City has invited bids relative to the Well & Booster Preventive Maintenance and Services Contract. B. Contractor has submitted a bid for the performance of the work above described and warranted to the City that it is possessed of the skills requisite in order to complete the said project. C. City has accepted the bid submitted by the Contractor and authorized the award of the contract to the Contractor. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein provided, City and Contractor agrees as follows: The Contract Documents consist of the Notice Inviting Bids, Information to Bidders, the Bid Security Form for Check or Bond, the Accepted Bid, this Agreement, General and Special Provisions, the Labor and Material Bond, and Faithful Performance Bond, the Non - Collusion Affidavits, the Specifications, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, and all supplemental agreements amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner. All of the provisions of said Contract Documents are hereby incorporated in and made a part of this Agreement as truly as if fully set forth herein. 2. For and in consideration of the payments and agreement to be made and performed by the City as set forth in said Contract Documents, the Contractor agrees with the City to provide' Well & Booster Preventive Maintenance and Services Contract as described above and as specified in these specifications, all in accordance with the Specifications, of which award of Contract was made, to furnish at his own proper cost and expense all tools, equipment, services, labor and materials said Contract Documents. 3. For furnishing all said services and materials, obtaining all permits and licenses of a temporary nature, furnishing tools, and equipment, and doing all the work contemplated and embraced in this Agreement, also for all losses and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance, from the action of the elements, and from any unforeseen difficulties which may arise or be encountered in the prosecution of the work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof within the stipulated time and in the manner shown and described in the said documents and in accordance therewith, the City will pay the Contractor in full compensation in the amounts specified in the bid proposal. OM Agreement Page 2 4. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ said Contractor to provide the material and to do the work according to the terms and conditions herein contained and referred to" for the price aforesaid, and hereby contracts to pay the same at the time in the manner, and upon the conditions set forth in the Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained. 5. Should any action or proceeding be brought pursuant to this Agreement, the City, should it prevail, shall recover its reasonable attorney's fees and experts' fees in addition to all other costs and necessary disbursement. 6. No work, services, material, or equipment shall be performed or furnished under this Agreement unless or until a Notice to Proceed has been given to the Contractor by the City, which notice shall be given within five (5) days from the date of signing this Contract, and the Contractor shall commence work within five (5) calendar days after said notice is given. 7. Standard of Performance/Determination of Compliance: It is acknowledged and agreed that the maintenance to be performed pursuant to this agreement is crucial to the well being and aesthetics of the City, and that it involves the proper care and cleaning of City -owned buildings and equipment. This Agreement will be administered consistent with this statement and failure to abide by the concerns of the City as expressed including strict adherence to the provisions of the contract and directives and orders by the City with regard to administration and management of same. All provisions of the Contract including those relating to termination shall be applied and interpreted with reference to this section and the specific intent of this contract that the areas of work shall be kept in a clean, well kept state at all times. 8. The City's Public Works Services Director shall be the judge of all work performed by the Contractor. If in the Director's opinion, the Contractor fails to perform the work to the extent that the provisions of this Agreement are not being accomplished, the Contractor shall, upon order from the Director, immediately take the steps necessary to fully comply with said provisions. Should the Contractor fail to take the necessary steps after orders of the Director to do so, the Director may suspend the Agreement for any period of time to and including the next regular meeting of the Arcadia City Council, at which time the Arcadia City Council may reinstate or terminate the Agreement. No sums shall be due or payable to the Contractor for or during any time of such suspension. Supplemental to these contractual provisions, at the discretion of the Director, Section 10 (General Provisions) is applicable. 23 Agreement Page 3 IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF ARCADIA _. w City Manager Date (SEAL) APPROVED AS TO FORM: ti P I)-e,, City Attorney 24 CONTRACTOR: By: i aeI ar Title: DirPC,Jcri(' '"/ o Ens i�n�°Priinf License No. -5` 96 7(-s