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HomeMy WebLinkAboutC-2819 116E 0 CitAlci-3 jt-tig' 0e/l/KIS .GPLSPOR/�,�9" � �., c::.:.:',51 _`, AMENDMENT NO. 3 TO THE JANITORIAL & ORG1NAL `-, , I.�.m .a L _ PORTER SERVICES AT VARIOUS CITY FACILITIES ,1=f.190) m-3/ 1.,s CONTRACT BY AND BETWEEN THE CITY OF ARCADIA oy ABM SERVICES, INC..dba ABM ONSITE SERVICES —WEST, INC. This Amendment No. 3 ("Amendment No. 3") is hereby entered into this 23 day of , 2015 by and between the City of Arcadia, a municipal corporation of the S to of California, ABM Services, Inc. dba ABM Onsite Services - West, Inc., a Delaware Corporation, with respect to that certain Contract between the Parties dated August 6, 2013, as amended by Amendment No. 1 dated October 22, 2014, and further amended by Amendment No. 2 dated December 10, 2014 ("Contract"). The parties agree as follows: 1. Section 3.2.2 of the.Contract is amended by extending the term from August 6, 2015 to August 6, 2016 ("Extended Term"). 2. Section 3.4:1 of the Contract is amended to provide that the total compensation • for the extended term shall not exceed Three Hundred Five Thousand, Five Hundred Forty-Seven Dollars and No Cents, ($305,547). This includes a 6% contract price increase of $17,295 to offset an increase in employee health and welfare costs due to the implementation the Affordable Health Care Act and new paid sick leave requirements per Assembly Bill 1522. 3. All terms and provisions of the Contract not amended by this Amendment No. 3 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 3 on the date set forth below. CITY OF ARCADIA ABM SERVICES, INC. dba AB NSI S VICES-WEST, INC. By: ��1Th By: Dominic Lazzaretto Arnold Klauber . City Manager _ Title: SPnin.1Vico Pffs;drr,t Dated: Z3) 201 Dated:. 71 ( l s�! // (SEAL).. By: rii pp ,��_ Title: • ,/LA IIIIIA A;/� . I it L Dated: / ile k APPROVED AS TO FORM T- CONCUR: getc --P. 1)-61Z;:e 70e.., . Stephen P. Deitsch ie m Tait City Attorney Public Works Services Director • Bond Number:105916440 PERFORMANCE'BOND WHEREAS the CITY OF ARCADIA(also herein "Obligee) has awarded to ABM SERVICES INC. dba. ABM ONSITE SERVICES — WEST, INC. (hereinafter "Contractor"), a.contract for Work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of JANITORIAL &PORTER SERVICES CONTRACT-and all other required-structures and facilities within the rights-of-way, easements and permits; WHEREAS,the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated Auqust 6, 2013, as amended by .Amendment No 1 dated October 22, 2014, and further amended by .Amendment No.'2 dated December 100 2014,,andiurther amended by Amendment No. 3 dated (hereinafter the "Public Work Contract"); and WHEREAS, the. Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we ABM Onsite Services—West, Inc. , the undersigned Contractor, as Principal, and Travelers Casualty and Surety Company of America a corporation organized and existing under the laws of the State of Connecticut , and duly authorized to transact business under the laws of the State of California,as Surety, are held and firmly bound unto the CITY OF ARCADIA in the sum of THREE HUNDRED FIVE THOUSAND, FIVE HUNDRED FORTY-SEVEN DOLLARS AND NO CENTS, ($305,547.00), said sum being not less than 100% of the total amount payable by the said.Obligee under the terms of the said Public Work Contract, for which payment well and truly-to be made,we,bind.ourselves, our heirs, executors and administrators, suctessors and atsigns, jointly and severally; firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, 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 said Public Work Contract and any alteration thereof made as therein provided, on his or their 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 the one-year guarantee of all materials and workmanship; and indemnify and save harmless. the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect In the event legal action is required to enforce the provisions of this agreement,the prevailing party-shall be entitled to recover reasonable attorneys' fees in addition to court coSts, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys'fees in addition to court costs, necessary-disbursements and other consequential damages. 2VpUBORD-362370 PERFORMANCE BOND- 1 GB-STATE&LOCAL(610)(7/24:00) Bond Number:105916440 The said SureW, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to,the terms of the Public Work Contract or to the Work to be performed there under, or the specifications accompanying the same •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,orto the Work or to Specifications. IN WITNESS WHEREOF,we have hereto setour hands and seals this 18th, day on August , 20 15 •. - _ • , ABM Onsite Services- West,Inc. Princip; w ; to - , By: eside t Travelers Casualty and Surety Company of America Surety By: - Simone Gerhard The rate of premium on this band is 54.95 per thousand. The total amount:of premium charged, $. $1,512.00 (The above must be filled in by corporate surety.) 12NPUERART)%562370 PERFORMANCE BOND - 2 GB•STATE LOCAL(610)(7/24.1)0) Bond Number:105916440 CERTIFICATE AS CORPORATE PRINCIPAL Christopher B. Bouvier ,certify that armthe Assistant _ Secretary of the corporation nbrned as - principal to - the Within ,bond; that Rene Jacobsen _ _ _ who signed the said bond On behalf of the prinbibgl. was then President of said .corporation; that 1•:linow his signature, and his signature thereto is genuine .and that said bond was duly signed,sealed and attested for and in behalf of said corporation by authority of its governing:Board: 0';okporate Seal) - sighoture _ September 10, 2015 _ DatG. - , NOTE: A copy of the power of attorney to local,representatives of the bonding company may be attached. hereto. :M111131)RD,'..56237C? PERFORMANCE BOND $ GE STATE&LocAL( mv.i24,09) • ACKNOWLEDGMENT State of California County of San Francisco On September 8, 2015 before me, Kathy Conforti, Notary Public (insert name and title of the officer) personally appeared Rene Jacobsen who proved to me on the basis of satisfactory evidence to be the person whose name()is/a subscribed to the within instrument and acknowledged to me that he/ Ltty executed the same in his/Beth authorized capacity(c ), and that by his/IxhrLtb signature( on the instrument the person(), or the entity upon behalf of which the person(K),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. KATHY CONFORTI a Commission# 1978398 7 Notary Public-California V. . `, San Francisco County Comm. Tres Ma 17,2016 Signature /e CCYypJ. 1L7 (Seal) CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT e A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On AUG 18 2015 before me, Tracy Aston, Notary Public, personally appeared Simone Gerhard 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. WITNESS my hand and official seal. Signature Tracy Aston, otary Public «c TRACY ASTON _• Commission#2107456 a i s0� Notary Public-California z E Tj Los Angeles County 3___'� _ My Comm.Expires Ma/152019F • WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS, Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. Certificate No. 0 0 6 3 2 0 12 6 229300 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty 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 are corporations duly organized under the laws of the State of Connecticut,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 Tracy Aston,Kristine Mendez,KD Conrad,Simone Gerhard,Edward C. Spector,Paul Rodriguez,Lisa K.Crail,B.Aleman,Daravy Mady,James Ross,Misty Wright,Nathan Vamold,and Renato F.Reyes of the City of Los Angeles ,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 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 15th day of April , 7015 " .. Farmington Casualty Company f `; i.+"; • ;,; St.Paul Mercury Insurance Company I Fidelity and Guaranty nsurance'Company.: Travelers Casualty and Surety Company Fidelity and Guaranty Insurace-Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company �w I,SU _tooNy ,• rk 1')I,. �`FtPE µ I//S rygU'^4 �lY A/y `'0 nnnnI�r� C3'F 9♦� ti ,yo 04--.....G,� ,,`�P�:......,Ayt �Jr csL 1Z!rry \p�1'A/r0 h 5 O CII�ARP �LL m9 jlCORGORA)f-m i W:'CARPORq TF O 9a c .n' a HARTFORD, < 1982 0 19]7 4.nV m; "' £ :FE —._1951 1Y ?? :;.SE AL.os >� 'mil CONNo R �r+ 1896 a w e s o o`., r 6..SSAL;ia t a. °<r �'"�^qmN�� \�............H lS....... r ai Ada f . `C,‘ "q AM�d+�- State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 15th day of April , 2015 ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,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. G•T0 In Witness Whereof,I hereunto set my hand and official seal. •�AQ�/� �����'�^�v1 My Commission expires the 30th day of June,2016. *0:4)08L10 * Marie C.Tetreault,Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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.,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 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 Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,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 Fidelit}r-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;whrchcis iMfull force ail effect and has not been revoked. AUG 1 8. 2015 IN TESTIMONY WHEREOF,I have hereunto set my hand and{affixed thetseals o‘t"Said-Cotripanies this day of ,20 _. <� Gam,. ittkaI Kevin E.Hughes,Assistant Sec -tary y i 5, � • ob: "4v0,3 ( Y l 4�Ykk0 J Y �6 0 Qn u f\: NG fc+ :m.poµ: T 1982 0 197 O: mc 16- HARTFORD. k NARt{ n y* ct( a 1951 c !t' �`SEAL,°s ' SE CONN. o v y r r Arti 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 Bond Number:105916440 PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ARCADIA(hereinafter"Obligee") has awarded to ABM SERVICES INC. dba ABM ONSITE SERVICES — WEST, INC. (hereinafter "Contractor"), a contract for work consisting of but not limited 0, furnishing all labor, materials, tot:As, equipment, services, and incidentals for the construction of the. JANITORIAL & PORTER SERVICES CONTRACT and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS,the Work to be performed.by the Contractor is more particularly set-forth in that certain contract for the said Public*Work dated August 6, 2013, as as amended by Amendment No. 1 dated October 22, 2014, and further amended by Amendment No 2 dated December 10, 2014, and further amended by Amendment No. 3 dated (hereinafter the "Public Work Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any o. or its. subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms 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 provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW,THEREFORE,we ABM Onsite Services—West, Inc. .,-the undersigned Contractor,as Principal and Travelers Casualty and Surety Company of America , a corporation organized and existing under the laws of the State of connecticut and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA and to any and all material mon, persons, companies or corporations furnishing materials, provisions; and other supplies used in, upon, for or about the performance of the said Public VVork, and all persons, companies or corporations renting or hiring teams, or implements or machinery; for or contributing to said Public Work to be done,and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the-said Contractor, the sum of THREE HUNDRED FIVE THOUSAND, FIVE HUNDRED FORTY-SEVEN DOLLARS AND NO CENTS, ($305,547.00),said sum being not less than 100%of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators,successors and assigns jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs,executors, administrators,successors,or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon,for or about the performance of the Work contracted to be done,or for work or labor thereon of any kind, or RVPUBTRD579026 PAYMENT BOND - 1 GB—STATE 8c LOCAL( 20)(7,2+4,10)) Bond Number:105916440 fail tat pay any ofthe persons named in California CM COde Section 3181,or amounts due under the Unemployment Insurance Code with respect to work Or labor performed by any such claimant; Or for any amounts required tobe deducted, Withheld, and paid over to the. Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to.Section 13020 of the Unemployment Insurance Code with :respect to such work and labor, and all Other applicableiaWs,Of the State of California and rules and regulations of its agencies,then said Surety will pay the same in or to an amount not exceeding the SUM specified:herein. In case legal action is required to enforce the.provisionsiof this bond, the :prevailing party shall be entitled to recover reasonable attorneys'fees in addition to court costs, necessary disbursements and other consequential damages. in addition to the provisions hereinabOve, it is agreed that this bond Will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111 3112 and 3181 of the California Civil Code, so asto give a right of action to them or their assigns in any suit brought upon this bond. The said'Surety, for Value received, hereby stipulates and agrees that nor change,,,extension of time, alteration or additions to the terms of the said Public Work Contract prto thesWork to be performed thereunder or the specification accompanying the Same shall in any Way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of fime,alteration oraddition to the terms of the.Contract or to the Work or to the.Specific6tjoris. IN-WITNESS WHEREOF,we have hereto tet oUr hanclsand ealsthis"limp - day on August , 20_15 _ ,, , ,; • ABM Onsite Services—West, Inc. — • - Principal/ or I By: •re s id 7:nt Travelers Casualty and Surety Company of America Surety By: . oiro-.7"._ n.=Fact one Gerhard 10/PUBDRD570026 PAYMENT BOND - 2 GB-STATE&LOCAL(620)(7/24:00) • Bond Number:105916440 CERTIFICATE AS TO CORPORATE PRINCIPAL I, ChristopherB. Bouvier. , certify that I am the Assistant Secretary of the corporation named as principal lathe attached bond, that Rene Jacobsen _ _ who signed the said bond on behalf of the principal was then President of said corporation; that I know his signature,and his signature thereto is genuine,and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its gtiVernirig BeardL (Corporate,Seal) _ 5ignature, - _ September 10, 2015 • Date NOTE: A copy of the power of attorney to'local representatives of the bonding company may be attaclied heratO. RVPUIVDRDS70026 PAYMENT BOND-3 00-STATE&L0C.41-(520)(7/24:00) ACKNOWLEDGMENT State of California County of San Francisco On September 8, 2015 before me, Kathy Contort', Notary Public (insert name and title of the officer) personally appeared Rene Jacobsen who proved to me on the basis of satisfactory evidence to be the person(.whose name(>4is/ar subscribed to the within instrument and acknowledged to me that he/sbditlidy_executed the same in his/k rlth authorized capacity( ),.and that by his/ I i ignaturejs n 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. 166.****rtakarrawbg■dra„*01 1 C4mrM=abe#�1978398 WITNESS my hand and official seal. •',r,,,�,+ �•' PIO�pi1bIIC Ci1i<Off118 }?.% San Francisco County rnm.Ex Tres May 17.2016 Signature 00M,16.-0��7 (Seal) ify\,@}A* --16)(10( CALIFORNIA ALL-PURPOSE 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 Los Angeles On AUG 18 2015 before me,Tracy Aston, Notary Public, personally appeared Simone Gerhard 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 TRACY ASTON of California that the foregoing paragraph is true and correct. �, Commission#2107456 Z �� Notary Public California z WITNESS my hand and official seal. z Los Angeles County y j_ _ _ _My Comm.Ex ill res May 15_2019 C '4///i/ Signature Tracy Aston,Notary Public WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AllOk POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. Certificate No. 0 0 6 3 2 012 9 229300 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty 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 are corporations duly organized under the laws of the State of Connecticut, 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 Tracy Aston,Kristine Mendez,KD Conrad,Simone Gerhard,Edward C. Spector,Paul Rodriguez,Lisa K.Crail,B.Aleman,Daravy Mady,James Ross,Misty Wright,Nathan Varnold,and Renato F.Reyes of the City of Los Angeles ,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 permittedin any actions or proceedings allowed by law. ,lam'• ,. `.l IN WITNESS WHEREOF,the Companies have caused this instrumentyto'be signed.and their corporate seals to be hereto affixed,this 1 5th day of April , 2015 Farmington Casualty Company- •,> St.Paul Mercury Insurance Company Fidelity and Guaranty 4nsnrance(Company,!rr, Travelers Casualty and Surety Company Fidelity and Guaranty Insurance`Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company 04(4 1'll•Iny I-0�1S{J,'p p��R f,` C pq� _ ` "°FIft E 6 L 2i•.!T.s N Nf�: sp 0Y AN smo0 tiY�I�t\ 1 0 S} P /PZQRA F W.c OR 0 1 98 2o 4 *c b 4 � `<i � 14"10' .... s i F� 44 AtN " State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 15th day of April , 7015 ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,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. In Witness Whereof,I hereunto set my hand and official seal. G`*A + "QILIJ� C . �..lu1M My Commission expires the 30th day of June,2016. * PUBUG * Marie C.Tetreault,Notary Public GI*� 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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.,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 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 Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,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•S.iates Fidelify'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 Compan�es,which is in:full force ZS`.3� and effect and has not been revoked. s ,7 43 c IN TESTIMONY WHEREOF,I have hereunto set my hand and:affixed the seals of'said:Companies this day of AUG fJ .0 IJ 20 i \ t- -`,(+ ,�y.•..y � (JG v>` Kevin E.Hughes,Assistant Sec tary - ,2 5yr'G�T4+F5•C U'fF,SS R'�a s I D,�12 ��.IN ,,.l.�• y 6 Yw¢ 9@AJ`O-\.•:��N••�•NS"�G`F9!J d,+4J•p`�•!!:&..,E9y t i y Jp ltY AN°y.a fi4Nt!!4 (t ITYitY0.W? (4/4*4'E 2S p1qfis C ` � °R�Am RPORA U 61. 1982 o 19]7 A,H Tm m: HARTFORD, t a NARtFOFD,1951 a T°2 E A 1.�of 't;SEAL:D s CONN. ° £ 1696 r )-1‘ 94 •ti\. 2 m N1:6 1 1-2. bbl N -7,10 •Y l G �44 At 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 �FFARC fix" 1 iGA kN,99dI C � � V AMENDMENT NO. 1 TO THE JANITORIAL & PORTER SERVICES AT VARIOUS CITY FACILITIES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA t at�A` ABM SERVICES, INC. dba ABM ONSITE SERVICES - WEST, INC. o, This Amendment No. 1 ( "Amendment No. 1") is hereby entered into this day of 2014 by and between the City of Arcadia, a municipal corporation of the State of California, ABM Services, Inc. dba ABM Onsite Services - West, Inc., a Delaware Corporation, with respect to that certain Contract between the Parties dated August 6, 2013 ( "Contract'). The parties agree as follows: Section 3.2.2 of the Contract is amended by extending the term from August 6, 2014 to August 6, 2015 ( "Extended Term "). 2. Section 3.4.1 of the Contract is amended to provide that the total compensation for the extended term shall not exceed Two Hundred Eighty -Eight Thousand, Two Hundred Fifty -Two Dollars and No Cents ($288,252). This includes an additional $8,292 to offset an increase in the state minimum wage that became effective July 1, 2014; and an additional $3,577 to perform janitorial services at the Museum Education Center. 3. The Special Provisions section shall be amended to which all activities described in Exhibit 13a (attached) under this section shall now be performed and executed by the contractor at the Museum Education Center located at 382 W. Huntington Drive. 4. 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 By: ' Dominic Lazzar City Manager Dated: -2-2,, W tlf (SEAL) TTE ity Clerk APPROVED AS TO FORM n� Stephein P. Deitsch City Attorney ABM SERVICES, INC. dba ABKONSITE SERVICE Title: Dated: By: `I' 1 Arnold Klauber Title: Senior Vice President Dated: :3z� om Tait Public Works Services Director , INC. JANITORIAL DUTIES MUSEUM EDUCATION CENTER Janitorial Work Hours: Sunday — Thursday 10:00 p.m. to 3:00 a.m. Exhibit 13a PERFORMED BY FREQUENCY ACTIVITY DAY NIGHT CREW CREW NIGHTLY CLEAN ALL GLASS TOPS AND SURFACES X NIGHTLY CLEAN AND DAMP MOP KITCHEN AREA FLOOR X NIGHTLY CLEAN COUNTER TOPS AND SINKS IN EACH ROOM X NIGHTLY CLEAN ENTRY DOORS AT MAIN AND REAR ENTRANCES OF X BUILDINGS CLEAN KITCHEN SINK, COUNTER TOPS AND TABLES NIGHTLY AFTER LUNCH X NIGHTLY CLEAN KITCHEN STAINLESS STEEL COUNTERS, SHELVES X AND RACKS AND MOP FLOORS NIGHTLY CLEAN MICROWAVES AND TOASTERS X CLEAN SMOKING RECEPTACLES OUTSIDE AND REPLACE NIGHTLY SAND AS NEEDED X CLEAN SANITIZE, REMOVE WATER SPOTS, AND POLISH NIGHTLY DRINKING FOUNTAINS USING A CLEANER THAT WILL X CONTROL ALKALINE BUILDUP NIGHTLY DAMP CLEAN COUNTER TOPS AND TABLES X NIGHTLY DISPOSE OF TRASH AT TRASH BIN AND CLEAN AREA X AROUND OUTSIDE OF TRASH BIN DUST FURNITURE, FIXTURES, BOOKSHELVES AND X NIGHTLY TELEPHONES Exhibit 13a JANITORIAL DUTIES MUSEUM EDUCATION CENTER Exhibit 13a PERFORMED BY FREQUENCY ACTIVITY DAY NIGHT CREW CREW NIGHTLY EMPTY AND CLEAN TRASHCANS, REPLACE PLASTIC X LINERS WHEN TORN, WET OR FULL NIGHTLY EMPTY AND CLEAN WASTE BASKETS AND SANITARY X NAPKIN RECEPTACLES NIGHTLY KEEP RESTROOM AND KITCHEN DRAINS IN GOOD ORDER, X FLUSH DAILY IF NECESSARY MAINTAIN A CLEAN AND ORDERLY JANITOR'S OFFICE, NIGHTLY CLOSET, AND STORAGE AREA. CLEAN AND DISNFECT X JANITOR SINKS NIGHTLY MOP ALL VCT FLOORS, TILE AND LINOLEUM X NIGHTLY PICKUP RECYCLING CONTAINERS X NIGHTLY PROVIDE EMERGENCY CLEAN UP AND STOCKING IN X RESTROOMS NIGHTLY REFILL ALL KITCHEN DISPENSERS X REFILL ALL RESTROOM DISPENSERS (SOAP, HAND NIGHTLY TOWELS, TOILET TISSUE, SANITIZERS, FEMININE NAPKINS, X TAMPONS) NIGHTLY SECURE DOORS UPON COMPLETION OF ASSIGNMENT X SPOT CLEAN WINDOWS, DISPLAY CASES WALLS, NIGHTLY PARTITIONS, DOORS, DOORWAYS, FRAMES, WOODWORK, X AND WALL SWITCHES SWEEP, WET MOP, AND SANITIZE ALL RESTROOMS WITH NIGHTLY GERMICIDAL SOLUTION DAILY WITH SPECIAL ATTENTION X TO CORNERS AND SIDES Exhibit 13a JANITORIAL DUTIES MUSEUM EDUCATION CENTER Exhibit 13a PERFORMED BY FREQUENCY ACTIVITY DAY NIGHT CREW CREW NIGHTLY TURN OFF ALL LIGHTS UPON COMPLETION OF X ASSIGNMENT NIGHTLY WASH AND DISINFECT ALL SPLASH MARKS FROM WALLS X AND CHROME PLATES AROUND BASINS NIGHTLY WASH AND POLISH ALL MIRROS, POWDER SHELVES, X METAL HARDWARE, CHROME AND EXPOSED PIPING NIGHTLY WASH SINKS, BASINS, FIXTURES, TOILETS, AND URINALS X WITH PROPER DISINFECTANTS WEEKLY PRESSURE WASH FRONT CANOPY ENTRY, PATIO AND X OUTSIDE TRASH BIN AREA WEEKLY SCRUB TOILET BOWLS AND URINALS REMOVING STAIN X MARKS AND SCALE WEEKLY VACUUM UPHOLSTERY OF ALL FABRIC COVERED X FURNITURE WEEKLY WET MOP AND SPRAY BUFF ALL VCT FLOORS X MONTHLY BASEBOARD AND KICKPLATE CLEANING X MONTHLY CLEAN GRILLS ON ALL WALL AND CEILING VENTS X Exhibit 13a JANITORIAL DUTIES MUSEUM EDUCATION CENTER Exhibit 13a PERFORMED BY FREQUENCY ACTIVITY DAY NIGHT CREW CREW MONTHLY CLEAN INTERIOR DIVIDING WINDOWS, FRAMS, BRICK X LEDGES, DISPLAY CASES AND DOOR WINDOWS DUST AND REMOVE ALL DIRT AND COWBWEBS FROM MONTHLY INSIDE AND OUTSIDE WINDOW FRAMS LEAVING A SPOT X FREE SURFACE MONTHLY PERFORM DETAIL VACUUMING OR CARPET EDGES, X CORNERS, AND UNDER DESKS, TABLES AND CHAIRS MONTHLY SCRUB AND SEAL CERMAIC TILE FLOOR X WASH ALL CERAMIC TILE WALLS AND PARTITIONS IN MONTHLY RESTROOMS WITH DISINFECTANT LEAVING A STREAK X FREE SURFACE QUARTERLY REPLACE URNIAL FILTERS IN MEN'S RESTROOM X QUARTERLY REPLACE AIR - FRESHENER BATTERIES IN ALL X RESTROOMS QUARTERLY SANITIZE ALL TRASH CONTAINERS X Exhibit 13a JANITORIAL DUTIES MUSEUM EDUCATION CENTER SPECIAL CLEANINGS Exhibit 13a PERFOMRED BY FREQUENCY ACTIVITY DAY NIGHT CREW CREW QUARTERLY CLEAN WINDOWS INSIDE AND OUTSIDE TO INCLUDE X ENTIRE METAL FRAME ANNUAL STRIP AND WAX VCT TILE FLOOR WITH TWO COATS AND X BUFF SPECIAL EVENT CLEANINGS: RESTROOM CLEANING AS NEEDED SERVICES, KITCHEN CLEANING SERVICES, AND MOPPING X OF CERAMIC FLOORS AND LOBBY FLOORS Exhibit 13a . 1k V,c I Bond Numbe: 105916440 Effective: 8/1/2014 PERFORMANCE BOND WHEREAS the CITY OF ARCADIA (also herein "Obligee") has awarded to ABM SERVICES INC. dba ABM ONSITE SERVICES — WEST, INC. (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of JANITORIAL & PORTER SERVICES CONTRACT and all other required structures and facilities within the rights-of-way, easements and permits: WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated Auqust 6, 2013, as q amended by Amendment No. I datedlobi it, hm_ (hereinafter the "Public Work Contract"); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we ABM Onsite Services – West, Inc. the undersigned Contractor, as Principal, and —Travelers Casualty and Surety_ onnpany of America -1 a corporation organized and existing under the laws of the State of Connecticut , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA in the sum of TWO HUNDRED EIGHTY-EIGHT THOUSAND, TWO HUNDRED FIFTY-TWO DOLLARS AND NO CENTS, ($288,252.00), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents_ THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, 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 said Public Work Contract and any alteration thereof made as therein provided, on his or their 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 the one-year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. RMUDRU-5623710 PERFORMANCE BOND - 1 GB- STATE& LOCAL (60)(724 00) � 1 The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or ,addition to the terms of the Public Work Contract or to the Work to be performed there under, or the specifications accompanying the same 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, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 1701 day on September —,20 14 ABM Onsite Services — West, Inc. Principal ontracto Sy; Qravrtvr UtckPr ide Travelers Casu d Surety Company of America Surety By: A&nev--LA-Fack Simone Gerhard The rate of premium on this bond is $4.95 per thousand. The total amount of premium charged, $ _ $1,427.00 _. (The above must be filled in by corporate surety.) uvruB.1)xn562370 PERFORMANCE BOND - 2 GU— STATE & LOCAL (610)(72d'Ob) k 's CERTIFICATE AS TO CORPORATE PRINCIPAL I. � _ �OGt V I L� , certify that i am the "S�1" _ L► Secretary of the corporation name as principal ,J to the within �ond; that c�GGObS� who signed the said .bond on behalf of the principal was then a!((►.G 247 Mr' 9L&A,7* of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Sea[) Signature `x('61 V ' A Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. ItVPUtiDIk0562370 PERFORMANCE BOND -3 Gil- STATER LOCAL (610)(7,14%) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On SEP 17 2014 before me, Tracy Aston, Notary Public, personally appeared Simone Gerhard who proved to me on the basis of satisfactory evidence to be the person(&) whose name( &) is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity(+es), and that by her 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. I RAG YASION Commission # 1933075 a -C=�4 A I Notary Public - California z Z`�� ��:� Los Angeles County D My Comm. Expires May 15, 2015 Tracy Aston, Notary Public ACKNOWLEDGMENT State of California County of San Francisco On September 25, 2014 before me, Kathy Conforti, Notary Public (insert name and title of the officer) personally appeared Rene Jacobsen who proved to me on the basis of satisfactory evidence to be the person(s) whose name(`A is /cw subscribed to the within instrument and acknowledged to me that he /sue /tl ey executed the same in his /l*#4-th6j[ authorized capacityOO4 and that by his /ftsrh signatureW 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 C� ba- - - - -- - KATHY CO" "' COMMIS "M 1 1976396 NOts►y Public - Catifornii 1 Son Francisco County Comm. Expirn Ma 17.2016 (Seal) INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 227584 Certificate No. 005913164 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty 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 are corporations duly organized under the laws of the State of Connecticut, 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 Tracy Aston, Kristine Mendez, KD Conrad, Simone Gerhard, Edward C. Spector, Paul Rodriguez, Lisa K. Crail, B. Aleman, Daravy Mady, James Ross, Misty Wright, and Nathan Varnold of the City of Los Angeles , 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 May 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 22nd St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company cASU,� � FARE N �N �NSy T• QN Y i 1 9 8 2 0 � 19%% F m i '� i I i --- :°: W NARiFORD, < 3• NAR'fFORD, 7 <� ry �H �.� w� "' %p��nNCE� dl...... a� s...... ..i a s a 'y • r � f State of Connecticut City of Hartford ss. By: '44:ez Robert L. Raney, Kim Vice President On this the 22nd day of May 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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. G,TlT In Witness Whereof, I hereunto set my hand and official seal. TM My Commission expires the 30th day of June, 2016. jOtIBU� it 58440 -8 -12 Printed in U.S.A. can;► C . Mane C. Tetreault, Notary Public 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., 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 -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 Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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 seals of said Companies this day of S E P 17 2014 30 fe Kevin E. Hughes, Assistant Sec tary r(, a ,t\aue ad PO: *M!MrGN J�+ \NSUq'� 9 p tV 4Na s` �yUgFrY` 4\O�jy L �' �, � o INCORPORATED 1982 0 � � m Em z; � U NARif-0RD. nAarFOrm, �- 1896 � �`��, a 1977 � 1 � � n " S81LLrr° CONN. 0 3 caw+• J r N � r 195 day "�'� *� ^",',;.+*°' . AN'�a °1 •« �....!.a° W�`s< a s +y�...+ v� l�h)) AHD °" 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 Bond Numbe: 105916440 Effective: 8/1/2014 PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ARCADIA (hereinafter "Obligee ") has awarded to ABM SERVICES INC. dba ABM ONSITE SERVICES — WEST, INC. (hereinafter "Contractor "), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of the JANITORIAL & PORTER SERVICES CONTRACT and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the . Id Public Work dated August 6, 2013, as amended by Amendment No. 1 dated S1 (hereinafter the "Public Work Contract "), and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms 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 provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we ABM Onsite Services — West, Inc. _ the undersigned Contractor, as Principal and T Travelers Casualty and Surety Company of America a corporation organized and existing under the laws of the State of Connecticut and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be none, and a!l persons performing work or labor upon the same and all persons supplying bath work and materials as aforesaid excepting the said Contractor, the sum of TWO HUNDRED EIGHTY -EIGHT THOUSAND, TWO HUNDRED FIFTY -TWO DOLLARS AND NO CENTS, ($288,252.00), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due RVi'I1ft`DRIY670026 PAYMENT BOND - 1 QII, STATE &LOCAL(620)(72400) under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their as-signs in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to he performed thereunder or the specification accompanying the same 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 or to the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 17th day on September , 20 14 , ABM Onsite S es — PrinCi Da/Contract( By: ELI tiles Travelers Casualty-Lnd Surety Company of America Surety M n-t' act Simone Gerhard RVVUB'DRD370026 PAYMENT BOND - 2 GB- STATE & LOCAL (620) (7-1-4 Of)) CERTIFICATE AS TO CORPORATE PRINC1PAt- I, ML 1 . 20iLI OC4,, certify that I am the Secretary of the corporation named as principal in the attached bond, that C,D -who signed the said bond on behalf of the principal was then ��_Yc°� ! re Si of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. s (Cciporate Seat) Signature Date Date - ...___._._. NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. KVPUWDRDS70M(3 PAYMENT BOND - 3 cD. srnIU e LOCAL IQ01(7 241)o0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On SEP 17 2014 before me, Tracy Aston, Notary Public, personally appeared Simone Gerhard who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity(+es), and that by her signature( &) 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 hand and official seal. TRACY ASTON r", `'�, Commission # 1933075 Z _+� Notary Public - California Z �' y� Los Angeles County i My Comm, Expires May 15, 2015 + Tracy Aston, Notary Public ACKNOWLEDGMENT State of California County of San Francisco On September 25, 2014 before me, personally appeared Rene Jacobsen Kathy Conforti, Notary Public (insert name and title of the officer) 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. WITNESS my hand and official seal. KATHVCONFORTi Commission # 1978398 Notary Public - California Son Francisco County My Comm. Expires mav 17, 2016 Signature �r (Seal) WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • A POWER OF ATTORNEY TRAVE L E R S J Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 227584 Certificate No. 005913163 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty 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 are corporations duly organized under the laws of the State of Connecticut, 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 Tracy Aston, Kristine Mendez, KD Conrad, Simone Gerhard, Edward C. Spector, Paul Rodriguez, Lisa K. Crail, B. Aleman, Daravy Mady, James Ross, Misty Wright, and Nathan Varnold of the City of Los Angeles , 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 May 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 22nd St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GI.SUA �F�RE6 wN �N ,NS �1YA ? o �• �,y +oa1°°°s.' y 0.:.....59 J+ uq sJP NQe [,�,p S�q�TDr \�Z�'WO �'�6 ` WCORPDRAiEDG° �i ,I�ORP�RA�f Qom:. PORAt �� �" ; E a • tiA4rfoH0. 5 - "aw°",Ep f' W 1898 > �a � n � i • o ' % CONK• �� '^ < q,�• S' D r � � 1951 � ~P� �;SEALio! o:SBALia W �N• 6 � � a .! T 4.. c�NC¢ S•�• N,� s1 •. .: '�2 ad aD t v0` fit}] State of Connecticut City of Hartford ss. By: '441611� Robert L. Raney, enior Vice President On this the 22nd day of May 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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. G.7", In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. '0!/BLO '19VEC�'� 58440 -8 -12 Printed in U.S.A. Marie C. Tetreault, Notary Public 1100 -40 /C -2819 CITY OF ARCADIA 2013/2014 Janitorial and Porter Services at Various City Facilities 1. Parties and Date. This Contract is made and entered into this day of 2013, by and between the City of Arcadia, a charter city organized under the �Iat e of California (hereinafter referred to as "City ") and ABM Services, Inc. dba ABM Janitorial Services, a Delaware Corporation, with its principal place of business at 5200 S. Eastern Avenue, Los Angeles CA 90040 (hereinafter referred to as "Contractor "). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. 2. Recitals. 2.1 Contractor. Contractor desires to perform certain janitorial maintenance services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing janitorial al necessa licenses and permits that it and its services employees he State of subcontractors have necessary California, and that it is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such services for the 201312014 Janitorial and Porter Services at Various City Facilities project ( "Project ") as set forth in this Contract. 3. Terms. 31 Incorporation of Documents This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract e. Contract Appendix Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Special Provisions Part "D" - Specifications Part "E" - Drawings Part "F" - Performance Bond Part "G„ - Payment Bond CONTRACT- The above documents, including the General Conditions, are an integral part of the Contract Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately below acknowledging that he or she has read, understood and agrees with all of the terms of the Contract Documents, including, but not limited to, provisions of the General Conditions relating to indemnification, insurance, standards of performance, termination, compensation and time of the essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any term or provision of the Contract Documents, and agrees to strictly abide by their meaning and intent. In the event that Contractor fails to initial below, the City shall have the right to declare the Contract unexecuted and to award the Contract to another contractor in accordance with state law. Contractor, s In 3.2 Scope of Services and Term. 3.2.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the janitorial maintenance services necessary for the Project ( "Services "). The Services are more particularly described in the project specifications. All Services shall be subject to, and performed in accordance with, this Contract, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.2.2 Term. The term of this Contract shall be for one year from date of execution, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. 3.3 Responsibilities of Contractor. 3.3.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.3.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Contract, and in accordance with the Schedule of Services set forth in the project specifications. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. CONTRACT -2 3.3.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.3.4 City's Representative. The City hereby designates Tom Tait, Public Works Services Director, or his or her designee, to act as its representative for the performance of this Contract ( "City's Representative "). City's Representative shall have the powerto act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.3.5 Contractor's Representative. Contractor hereby designates James Altieri, Regional Vice President, ABM Janitorial Services, or his or her designee, to act as its representative for the performance of this Contract ( "Contractor's Representative "). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Contract. 3.3.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.3.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by similar workers or service providers in the State of California. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re- employed to perform any of the Services or to work on the Project. 3.3.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal /OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. CONTRACT -3 3.3.9 Immigration 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). 3.3.10 Insurance. (a) Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. (b) Types of Required Coverages. As a condition precedent to the effectiveness of the Contract for work to be performed under these hereunder and without limiting the indemnity provisions of the Contract, the Contractor in partial performance of its obligations under such Contract, shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance: (i) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office occurrence form CG 0001, with minimum limits of at least $1,000,000 per occurrence. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) products and completed operations; (2) contractual liability; (3) third party action over claims or (4) cross liability exclusion for claims or suits by one insured against another; or (5) explosion, collapse or underground hazard (XCU). (ii) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1) with minimum limits of $1,000,000 each accident. (iii) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (c) Endorsements. (i) The policy or policies of insurance required by Section 3.3.10(b)(i) Commercial General Liability and 3.3. 1 0(b)(ii) Automobile Liability Insurance shall be endorsed to provide the following: CONTRACT -4 (1) The City its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such Work; and (2) the insurance coverage shall be primary insurance as respects the City and its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self - insurance maintained by the City or its directors, officials, officers, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. (2) Primary Insurance and Non - Contributing Insurance: This insurance shall be primary and any other insurance, deductible, or self- insurance maintained by the indemnified parties shall not contribute with this primary insurance. (3) Severability: In the event of one insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy shall cover the insured against whom claim is or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance shall not be increased thereby. (4) Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non- payment of premium. (5) Duties: Any failure by the named insured to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the indemnified parties. (6) Applicability: That the coverage provided therein shall apply to the obligations assumed by the Contractor under the indemnity provisions of the Contract, unless the policy or policies contain a blanket form of contractual liability coverage. (ii) The policy or policies of insurance required by Section 3.3.10(b)(iii) Workers' Compensation shall be endorsed, as follows: (1) Waiver of Subrogation: The insurer shall agree to waive all rights of subrogation against the City and its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (2) Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non - payment of premium. (iii) Deductible. Any deductible or self - insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self- insured retention. CONTRACT -5 (d) Evidence of Insurance. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before Work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. (e) Failure to Maintain Coverage. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Contract. In the event that the Contractor's operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. (f) Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California insurance Code or any federal law. (g) Insurance for Subcontractors. All Subcontractors shall be included as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of this Contract, including adding the City as an Additional Insured to the Subcontractor's policies. 3.3.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3.12 Displaced Janitor Opportunity Act. If applicable, Contractor, as the "Successor Service Contractor ", shall comply with California Labor Code Sections 1060 and 1061 pertaining to the retention of employees for a minimum 60 -day transition employment period, employees who have been employed by the terminated Contractor or any Subcontractors. Contractor expressly agrees to indemnify all of the indemnified parties for any damages or claims of any type arising from Contractor's breach of its obligations under these provisions of law. CONTRACT -6 3.3.13 Payment Bond. (a) Payment Bond. Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not -to- exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. (b) Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. (c) Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. 3.4 Fees and Payments. 3.4.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Contract at the rates set forth in the bid specifications. The total compensation shall not exceed Two Hundred Seventy -Six Thousand, Three Hundred Eighty -Three Dollars and No Cents, ($276,383.00), without written approval of City's Assistant City Manager /Public Works Services Director. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Contract. 3.4.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty -five (45) stays of receiving such statement, review the statement and pay all approved charges thereon. 3.4.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. CONTRACT -7 3.4.4 Extra Work. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.6 General Provisions. 3.6.1 Termination of Contract. (a) Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least three (3) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. (b) Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Deliver of Notices. All notices permitted or required under this Contract shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose: CONTRACTOR: ABM Services, Inc. 5200 S. Eastern Avenue Los Angeles, CA 90040 Attn: Jose Alarcon, Sr. District Manager CITY: City of Arcadia Public Works Services Department 11800 Goldring Road Arcadia, CA 91066 -6021 Attn: Dave McVey, General Services Superintendent CONTRACT -8 Such notice shall be deemed made when personally delivered or when mailed, forty - eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. (a) Cooperation' Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Contract. (b) Attorney's Fees. If either Parry commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.6.3 Indemnification. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of al! of the Services, the Project or this Contract, including without limitation the pay consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy anyjudgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.6.4 Entire Contract. This Contract contains the entire Contract of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or Contracts. This Contract may only be modified by a writing signed by both Parties. 3.6.5 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. 3.6.6 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.6.7 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.6.8 Successors and Assigns. This Contract shall be binding on the successors and assigns of the Parties. CONTRACT -9 3.6.9 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.10 Construction-, References; Cautions. Since the Parties or their agents have participated fully in the preparation of this Contract, the language of this Contract shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Contract. All references to City include its elected officials, directors, officers, employees, agents, and volunteers except as otherwise specified in this Contract. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Contract. 3.6.11 Amendment: Modification. No supplement, modification, or amendment of this Contract shall be binding unless executed in writing and signed by both Parties. 3.6.12 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.13 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.14 Invalidity' Seyerabilit . If any portion of this Contract is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.15 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.6.16 Equal Opportunity Em to ment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. CONTRACT-10 3.6.17 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.6.18 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.6.19 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.7 Subcontracting. 3.7.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. CITY OF ARCADIA By: ' -------� Dominic Lazzare City Manager ; ATTE T: Approved as to Form: By: 9�[� P, Stepheh P. Deitsch City Attorney ABM SERVICES, INC. dba ABM JANITORIAL SERVICES By: ZeA�_ Jampg M. Altien R gional Vice President By: Carey Doss Via Pk'-r►ae*JT OF aA­V'PA�a+'K CONTRACT-11