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MAINTENANCE AND TRADE SERVICES AGREEMENT OSC GENERATOR REPLACEMENT CIP #23456 THIS AGREEMENT is made and entered into this _5th__ day of December 2023 between Wilson General Contracting ("Contractor"), whose address is 1852 West 11th Street, Tracy CA 95376 and the CITY OF PLEASANTON, a municipal corporation ("City"). In consideration of the mutual promises set forth in this Agreement, the parties agree as follows: 1.Services to be Performed. Contractor shall perform, or cause to be performed, the removal of the OSC Emergency Generator and relevant items in preparation of installation of the replacement generator as work further described in Exhibit A. No work shall be performed unless approved by the City’s designated project manager. 2.Term. This contract shall commence on the date written above and shall expire on April 01, 2024. 3.Compensation. City shall pay Contractor as follows $87,231 for all work performed as described in Exhibit A. Total Compensation for this Agreement shall not exceed $95,941 which includes a 10% contingency for unforeseen circumstances and related extra services as determined to be necessary by the City. Payment of such contingency funds is not guaranteed to Contractor unless the City requests in writing such extra services. 4.Method of Payment. Payments shall occur based on the following schedule: a.First Payment shall be made of 25% for project mobilization, $21,808, after the execution of the Agreement and once project start date has been mutually agreed upon. Contractor is to submit a request for payment at the start of the project. b.Final Payment shall occur upon completion of work, acceptance by City staff, and submission by Contractor of a request for final payment. 5.Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its officers, agents and employees (“Indemnities”), against any and all claims, costs, demands, causes of action, suits, losses, expenses, attorney’s fees, or liability, arising from or in any manner related to Contractor’s (includes Contractor’s employees, agents, or subcontractors) negligent act or omission, whether alleged or actual, regarding the work or services performed or caused to be performed pursuant to this Agreement and any amendments thereto. Contractor shall not, however, be obligated to indemnify Indemnities from claims arising from the sole negligence or willful misconduct of Indemnities. This indemnification includes any claim that the materials or equipment provided under this Agreement, or any tool, article or process used, constitutes an infringement of any patent issued by the United States. This indemnification provision shall survive termination or cancellation of the Agreement. 6.Insurance. During the term of this Agreement, Contractor shall maintain at its own cost and expense the following insurance coverage with insurers with an A.M. Best’s rating of no less than A:VII. Contractor shall have the obligation to furnish City, as additional insured, the DocuSign Envelope ID: F525A306-8BF9-48E3-A552-7B4232EE8861DocuSign Envelope ID: AB91FD21-DAE2-4426-9C77-64582A7CE84DDocuSign Envelope ID: F2F8D7DE-DC83-42B9-896F-1B1561925E23