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HomeMy WebLinkAboutC-4090 C-Lio° - 9 bi.,2 C,veirK`s urli1evt. AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT FOR JANITORIAL & PORTER SERVICES AT VARIOUS CITY FACILITIES BY AND BETWEEN THE CITY OF ARCADIA AND ABM INDUSTRY GROUPS, LLC. cITY OF ARCADIA This Amendment No. 4 ("Amendment No. 4") is hereby entered into this i S+ day of bece,rnhe T , 2020 by and between the City of Arcadia, a municipal corporation of the State of California, and ABM Industry Groups, LLC., a Limited Liability Company, with respect to that certain Professional Services Agreement between the parties dated November 1, 2017 ("Agreement"), amended by Amendment No. 1 dated November 21, 2018, amended by Amendment No. 2 dated November 27, 2019, and further amended by Amendment No. 3 dated August 31, 2020. The Parties agree as follows: 1. Section 3.1.2 of the Agreement, the Term is hereby extended from November 1, 2020 through November 1, 2021 ("Extended Term"). 2. Section 3.3.1 of the Agreement is amended to provide that the total compensation for the extended term shall not exceed Three Hundred Sixty Thousand, Twenty-Nine Dollars and Eight Cents ($360,029.08). 3. All terms and provisions of the Agreement not amended by this Amendment No. 4 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 4 on the date set forth below. CITY OF ARCADIA ABM INDUSTRY GROUPS, LLC. By: _-eft "`� By: Dominic azzaretto 1/' / City Manager Title: r Dated:INr 3`;e. 20V Dated: 1/ dr ATTEST: By: Title: V r.0 Ptsesr G1PH t A5515+Cxn+ Dated: Ii/q%0 20 City Clerk • • APPROVED AS TO FORM CONCUR: -71 Stephen P. Deitsch Tm Tait City Attorney Public Works Services Director Bond Number:106727405 PERFORMANCE BOND Effective:November 1,2020 to November 1,2021 KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City") has awarded to AMB INDUSTRY GROUPS, LLC, (hereinafter referred to as the "Contractor") an agreement for 201712018 Janitorial and Porter Services at Various City Facilities (hereinafter referred to as the"Project"). WHEREAS,the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated November 1, 2017, amended by Amendment No. 1 dated November 21,2018, further amended by Amendment No. 2 dated November 27, 2019, further amended by Amendment No. 3 dated August 31, 2020, and further amended by Amendment No. 4 dated November 1,2020 , (hereinafter referred to as 'Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we,ABM Industry Groups,LLC the undersigned Contractor and Travelers Casualty and Surety Company of America as Surety, a corporation organized and duty authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of THREE HUNDRED SIXTY THOUSAND, TWENTY-NINE DOLLARS AND EIGHT CENTS($360,029.08), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,that,if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship;and shall indemnify and save harmless the City, its officers and agents,as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents,the above obligation shall hold good for a period of one(1) year after the acceptance of the work by City,during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights nr the Contractor nr surety's nhligatinns unrder'the Contract law nr equity, includingbut not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or PERFORMANCE ROI`VU- 1 shall promptly; at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder,arrange for a Contract between such bidder,the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract rlr,'i'mete. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term"balance of the contract price"as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract LJVI..IJI merits. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the r rejec.t. The Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 2nd day of November , 20 20. ABM Industry Groups, LLC CONT CTOR/PRINCIPAL T Name Lu Ann Brinkley,Director Insurance Services By: Travelers Casualty and Surety Company of America SURETY: PERFORMANCE BOND-2 • B Y C "mane Gerhard,Attorney-In-Fact The rate of premium on this bond is 24ohn per thousand. The total amount of premium charges, $ (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Travelers Casualty and Surety Company of America 401 Lennon Lane, Walnut Creek,CA,94598 (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and 925.945.4060 Agent or Representative for service of process in California NOTE: A copy of the Power-of-Attomey to local representatives of the bonding company must be attached hereto in addition to appropriate Notarial Acknowledgments of Execution by Contractor and Surety. PERFORMANCE BOND-3 State of Georgia County of DeKalb On November 3, 2020 before me, Chris Hodder, Notary Public, personally appeared Lu Ann Brinkley 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, 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 Georgia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 4 HI Chr s id-r COLORADO 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 Colorado County of Weld On NOV 0 2 2020 before me, Beverly McCoy, 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 Colorado that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,` Signature i lh Beverly 17Notary Public BEVERLY MCCOY NOTARY PUBLIC•STATE OF COLORADO Notary ID#20194011592 My Commission Expires 312512023 Travelers Casualty and Surety Company of America IOW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Simone Gerhard,of Los Angeles,California,their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. SVfTy. L(Y ANO • s .1M1 • " o Idt State of Connecticut By: p City of Hartford ss. Robert L. Raney,Sefit"or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. G. `- .� My Commission expires the 30th day of June, 2021 �OJkJ� C ti * * Marie C.Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President, any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which rgmainain full force and effect. Dated this day of NOV 0 ZO 411 e 1 (OA Kevin E. Hughes,Assi tant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. • Bond Number:1 06 72 74 05 Effective:November 1, 2020 to November 1,2021 PAYMENT RnND ( AROR AND MATERIALS) KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Arcadia (hereinafter designated as the 'City"), by action taken or a resolution passed October 20,2020 has awarded to ABM INDUSTRY GROUPS, LLC hereinafter designated as the"Principal," a contract for the work described as follows. 201712018 Janitorial and Porter Services at Various City Facilities (the"Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated November 1, 2017,further amended by Amendment No. 1 dated November 21, 2018,further amended by Amendment No. 2 dated November 27, 2019, further amended by Amendment No.3 dated August 31, 2020 and further amended by Amendment No.4 dated November 1,2020 ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon,for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld,and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. Travelers Casualty and Surety Company NOW THEREFORE,we,the Principal and of America as Surety,are held and firmly bound unto the City in the penal sum of THREE HUNDRED SIXTY THOUSAND, TWENTY-NINE DOLLARS,AND EIGHT CENTS($360,029.08)lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its .L_ _tract_.._ 4.e:. .cora _iI riu... _t,._a___ _!._Il tail a_ p _r the .>UiJ WIIII QI.lVI�, heirs, executors,J, QUlflII IIJUQIVI�, .7U 4GCJ'V1J VI QJJIgI is, shall IGIII to pay any UI the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon,for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld,and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code,with respect to such work and labor the Surety or Sureties will pay for the flame in nn amnlrnt not Pxt_Aarlinr tylia. Cl lm her?in annvA cpor.ifi.Prf_ This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond, It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described,nor by any rescission or attempted PAYMENT BOND- 1 rescission of the contract,agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time,addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 2nd day of November 20 20 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed b its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) ABM Industry Groups,LLC Principal (Property.Name ofContractcr) By: (Signature of Contractor) Lu Ann Brinkley,Director Insurance Services (Seal of Surety) Travelers Casualty and Surety Company of America Surety By: / s • - • -„ in Fact (Attached nu____y ,._ Fact �I`1LLcIt,1.IGU Attorney-In-Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and Surety and a Power of Attorney MUST BE ATTACHED. PAYMENT BOND-2 State of Georgia County of DeKalb On November 3, 2020 before me, Chris Hodder, Notary Public, personally appeared Lu Ann Brinkley 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, 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 Georgia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 4 Chr s 1,dr COLORADO 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 Colorado County of Weld On NOV 0 2 2020 before me, Beverly McCoy, 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 Colorado that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Bey- y • oy,Notary Pip is BEVERLY MCCOY NOTARY PUBLIC•STATE OF COLORADO Notary ID#20194011592 My Commission Expires 3/25/2023 Travelers Casualty and Surety Company of America /OW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make,constitute and appoint Simone Gerhard,of Los Angeles,California,their true and lawful Attorney-in-Fad to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. #.0 veAy fa V A*. 40 Iffintopck s t ca,„„M" 44 Ado to State of Connecticut By: City of Hartford ss. Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. Cr My Commission expires the 30th day of June, 2021 OJu..t. C. t� w t Marie C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President, any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day of NOV 0 2 2020 � y 'J,Jr Ary,fG (OA twiwoco ccaCet tvall'INN°11" V Kevin E. Hughes,Assi tant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Sent: Tuesday, November 24, 2020 3:38 PM To: Rachelle Arellano Subject: RE: City Attorney review - November 24, 2020 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Rachelle, I have reviewed and approve as to form Amendment No. 4 to the PSA with ABM Industry Groups regarding janitorial services. You may use my stamped signature for this purpose. Thanks. Steve Stephen Deitsch Partner stephen.deitsch@bbklaw.com T:(909)483-6642 C:(951)662-9343 www.BBKlaw.com E Stay at home and public health orders issued in multiple counties across the U.S. require our offices to be physically closed Because all staff are working remotely, all documents(including correspondence, pleadings, and discovery) will be served via e-mail until further notice. Because we may not receive regular mail or other deliveries during this period of time, please e-mail copies of anything you send by regular mail or delivery. Send all e-served documents in your case to the e-mail addresses for any Best Best& Krieger LLP attorney who has appeared in your case, or who has communicated with you by e-mail on your matter. From: Rachelle Arellano [mailto:rarellano@arcadiaca.gov] Sent: Tuesday, November 24, 2020 11:19 AM To: Stephen Deitsch Cc: City Attorney Subject: City Attorney review - November 24, 2020 CAUTION - EXTERNAL SENDER. Hi Steve, Attached for your review is a zip folder containing the following items: 1. Covenant— 300 E. Lemon 2. Covenant — 948 Paloma Drive 3. Amendment No. 2 — PSA —Video Production 4. Amendment No. 4 — Janitorial & Porter Services 5. Contract—Annual Sewer CCT Inspection Project 1 C- Hog() -3 • AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT FOR JANITORIAL & PORTER SERVICES AT VARIOUS CITY FACILITIES BY AND BETWEEN THE CITY OF ARCADIA AND l? j ABM INDUSTRY GROUPS, LLC. Il This Amendment No. 3 ("Amendment No. 3") is hereby entered into this 3i St day of AvotuS " , 2020 by and between the City of Arcadia, a municipal corporation of the State bf California, and ABM Industry Groups, LLC., a Limited Liability Company, with respect to that certain Professional Services Agreement between the parties dated November 1, 2017 ("Agreement"), amended by Amendment No. 1 dated November 21, 2018, and further amended by Amendment No. 2 dated November 27, 2019. The Parties agree as follows: 1. Effective July 1, 2020 the monthly maintenance fee for providing janitorial services at Eisenhower Park shall be amended by increasing the monthly fee from $541.21 per month to $814.36 per month. 2. Attachment B — Facility Service & Performance Schedules, Bonita Park & Eisenhower Park, shall be amended to which all activities described under this section shall now be performed and executed by the contractor for two additional restrooms located at Eisenhower Park. 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 INDUSTRY GROUPS, LLC. By: By: � A ohmic Lazzare i ' • . City Manager Title: „ Dated: St 31 2,o2A Dated: / /c By: A EST: - Title: (�r NrskJ xteiwar/ ff,�xs t4 f Dated: cCel 17 2b ity Clerk APPROVED AS TO FORM: CONCUR: C Stephen P. Deitsch Tait City Attorney Public Works Services Director ATTACHMENT B Bonita Park & Eisenhower Park Janitorial Work Hours: Sunday— Saturday at Sundown / (Including Holidays) PERFORMED BY FREQUENCY ACTIVITY DAY NIGHT CREW CREW AS NEEDED REMOVE GRAFFITI ON WALLS X AS NEEDED REFILL SOAP&TOILET PAPER DISPENSERS X AS NEEDED WASH DOWN WALLS X AS NEEDED REFILL TOILET SEAT COVER DISPENSERS X DAILY DISPOSE OF TRASH AT TRASH BIN AND CLEAN AREA AROUND OUTSIDE TRASH BIN X DAILY EMPTY AND CLEAN TRASHCANS, REPLACE PLASTIC LINERS X WHEN TORN,WET OR FULL DAILY SANITIZE ALL SINKS, TOILETS,AND DISPENSERS WITH A X GERMICIDAL SOLUTION DAILY SWEEP, WET MOP,AND SANITIZE ALL RESTROOM FLOORS WITH X A DISINFECTANT SOLUTION DAILY CLEAN AND POLISH ALL STAINLESS STEEL INCLUDING DRINKING X FOUNTAINS City of Arcadia Public Works Services Janitorial&Porter Services for Various City Facilities ATTACHMENT B Cwt C@r 04--(11e4 ORIGINAL O~4 .y,' dr i, ,., J AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT Anse.1.1903 -. FOR JANITORIAL & PORTER SERVICES AT VARIOUS CITY FACILITIES o, BY AND BETWEEN THE CITY OF ARCADIA AND ABM INDUSTRY GROUPS, �m�alcr°tom°` LLC. C ii This Amendment No. 2 ("Amendment No. 2") is hereby entered into this 710+Ii day of (VN Qq,e( , 2019 by and between the City of Arcadia, a municipal corporation of the State of California, and ABM Industry Groups, LLC., a Limited Liability Company, with respect to that certain Professional Services Agreement between the parties dated November 1, 2017 ("Agreement"), and further amended by Amendment No. 1 dated November 21, 2018. The Parties agree as follows: 1. Section 3.1.2 of the Agreement, the Term is hereby extended from November 1, 2019 to November 1, 2020 ("Extended Term"). 2. Section 3.3.1 of the Agreement is amended to provide that the total compensation for the extended term shall not exceed Three Hundred Thirty-Six Thousand, Nine Hundred Eighty-Three Dollars and Eighty-Three Cents ($336,983.83). 3. All terms and provisions of the Agreement not amended by this Amendment No. 2 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 2 on the date set forth below. CITY OF ARCADIA ABM INDUSTRY GROUPS, LLC. By: ,-- __,...- , ..--- By: Vt,6,A b�omi is Lazzaretto City Manager --7.- Title: ) V Dated: /7. Z>• t cr Dated: I v(3 l \ (`\ By: r .f' ; \A6TTt Title: _ ./ -- i0 Vk t, Dated: r Yr it C APPROVED AS TO FORM CONCUR: .,c-i-z71-2-4-1- h- zz2 ___6X7,-4e, t...L..... 1 Stephen . Deitsch Tom Tait City Attorney Public Works Services Director Bond Number:1 06 72 74 05 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS,the City of Arcadia(hereinafter referred to as"City")has awarded to ABM INDUSTRY GROUPS, LLC, (hereinafter referred to as the "Contractor") an agreement for 2017/2018 Janitorial and Porter Services at Various City Facilities(hereinafter referred to as the "Project"). WHEREAS,the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated November 1,2017,further amended by Amendment No. 1 dated November 21, 2018, and further amended by Amendment No. 2 dated , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, ABM Industry Groups,LCC, the undersigned Contractor and Travelers Casualty and Surety Company of America as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of THREE HUNDRED THIRTY-SIX THOUSAND, NINE HUNDRED EIGHTY-THREE DOLLARS AND EIGHTY-THREE CENTS($336,983.83),said sum being not fess than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors,administrators, successors or assigns, shall in ail things stand to and abide by,and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents,the above obligation shall hold good for a period of one(1)year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract,law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the PERFORMANCE BOND- 1 Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder,arrange for a Contract between such bidder,the Surety and the City,and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local,California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety maybe liable. The term"balance of the contract price"as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City,when declaring the Contractor in default,notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received,hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 31St day of October , 20 19. ABM Industry Groups,LLC CONTRACTOR/P NCIPAL Name Lu Ann Brinkley,Director Insurance Services By: Travelers Casualty d Surety Company of America SUIAE y: A 4____ By. j Attorney-In-Fact Donna Garcia The rate of premium on this bond is $2 40/m per thousand. The total amount of premium charges, $ $809.00 • PERFORMANCE BOND-2 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Travelers Casualty and Surety Company of America 401 Lennon Lane, Walnut Creek, CA,94598 (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and 925-945-4122 Agent or Representative for service of process in California NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto in addition to appropriate Notarial Acknowledgments of Execution by Contractor and Surety. PERFORMANCE BOND-3 4. State of Georgia County of DeKalb On November 6, 2019 before me, Chris Hodder, Notary Public, personally appeared Lu Ann Brinkley 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, 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 Georgia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. / / ,--- Chr- 7 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 OCT 31 2019 before me, Tracy Aston,Notary Public, personally appeared Donna Garcia 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/theif 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. TRACY ASTON . `i. Notary Public-California = = Los Angeles County WITNESS my hand and official seal. z Commission#2285552 My Comm.Expires May 15,2023 l'id‘ Signature b Signature of Notary Public Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Donna Garcia of LOS ANGELES California , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019. g�� 0 _14 440.tY ANp abOwt HAMRA HARTFORD, I I, omutt 1.4 State of Connecticut By. -�►/ City of Hartford ss. Robert L.Rane , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. Jy F �t _ ..P IN WITNESS WHEREOF, I hereunto set my hand and official seal. i�G ,r woranr �� My Commission expires the 30th day of June,2021 n vu at/4 Anna P.Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this {p� day of _ a- ZO2 tq c R4tY Aryp ri 4 OW 14 WM. I sat R •eor C " Kevin E.Hughes,Ass�retary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. P/ease refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached. Bond Number:106727405 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Arcadia (hereinafter designated as the "City"), by action taken or a resolution passed September 5,2017 has awarded to ABM INDUSTRY GROUPS,LLC hereinafter designated as the "Principal,"a contract for the work described as follows: 2017/2018 Janitorial and Porter Services at Various City Facilities (the "Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated November 1, 2017,further amended by Amendment No. 1 dated November 21, 2018, and further amended by Amendment No. 2 dated ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon,for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. Travelers Casualty and Surety NOW THEREFORE,we,the Principal and Company of America as Surety,are held and firmly bound unto the City in the penal sum of THREE HUNDRED THIRTY-SIX THOUSAND, NINE HUNDRED EIGHTY-THREE DOLLARS AND EIGHTY-THREE CENTS ($336,983.83)lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors,administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract,or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code,with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change,extension of time for performance,addition, alteration or modification in,to, or of any contract,plans, specifications,or agreement pertaining or relating to any scheme or work of improvement herein above described,or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described,nor by any rescission or attempted rescission of the PAYMENT BOND- 1 contract,agreement or bond,nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change,extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, two(2)identical counterparts of this instrument,each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 31st day of October 20 19 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed b its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) ABM Industry Groups,LLC Principal (Property Name of Contractor) OP By: (Si n-7 e o ontractor) Lu Ann Brinkley,Director insurance Services (Seal of Surety) Travelers Casualty and Surety Corppony of America .S IL#y f 1 �/ By: Donna Garcia Attormey`n Fact (Attached Attorney-In-Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and Surety and a Power of Attorney MUST BE ATTACHED. PAYMENT BOND-2 State of Georgia County of DeKalb On November 6, 2019 before me, Chris Hodder, Notary Public, personally appeared Lu Ann Brinkley 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, 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 Georgia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. / L / - i Chri Hod• - v 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 OCT31 2019 On before me, Tracy Aston,Notary Public, personally appeared Donna Garcia who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e)is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/hei authorized capacity(-ies, and that by his/her/theif signature(a)on the instrument the person), or the entity upon behalf of which the persons) 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. TRACY ASTON Notary os Public ngeles Countymy -California WITNESS hand and official seal. "�- Commission#2285552 My Comm.Expires May 15,2023 Signature .�� Signature of Notary Public Travelers Casualty and Surety Company of America Adin Travelers Casualty and Surety Company J TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Donna Garcia of LOS ANGELES California , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019. eMakit 151 State of Connecticut / By: City of Hartford ss. Robert L.Rane , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. P7,6,,„4" IN WITNESS WHEREOF, I hereunto set my hand and official seal. �1//�`�� / coram : !�'/ My Commission expires the 30th day of June,2021 • ++ °~�� Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day of yk` aNe � ♦ s y� Pik 4r 9� HARTfORC)' ' 8 um 1,4 `` .• ' .a f 11'4 Kevin E. Hughes,Assi taut Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached. /41/41r 1-,,C..11' Cri),D6Yk AMENDMENT NO. 1 TO THE PROFESSIONAL SERVIC OR11NA1 FOR JANITORIAL & PORTER SERVICES AT VARIOUS CITY FACILITIES I`C; 'V o `e BY AND BETWEEN THE CITY OF ARCADIA AND ABM INDUSTRY GROUPS, 4c c O o�Q4aity of'" LLC. This Amendment No. 1 ("Amendment No. 1") is hereby entered into this 2.,1- day of EVCv , 2018 by and between the City of Arcadia, a municipal corporation of the State of California, and ABM Industry Groups, LLC., a Limited Liability Company, with respect to that certain Professional Services Agreement between the parties dated November 1, 2017 ("Agreement"). The Parties agree as follows: 1. Section 3.1.2 of the Agreement, the Term is hereby extended from November 1, 2018 to November 1, 2019 ("Extended Term"). 2. Section 3.3.1 of the Agreement is amended to provide that the total compensation for the extended term shall not exceed Three Hundred Eighteen Thousand, Four Hundred Nine Dollars and Ninety-Eight Cents ($318,409.98). 3. All terms and provisions of the Agreement not amended by this Amendment No. 1 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA ABM INDUSTR GROUPS, LLC. /11.4095Y Dominic Lazzaretto' " City Manager Title: , ., gie Dated: LA Dated: 2 , By: 9 ) Arnold Klauber AT :ST: Title: Senior Vice President �Li / ''IAAlAii t AA Ail .A ./ Dated: 1441410 Cit' ler APPROVED AS TO FORM CONCUR: ireivt"7-a Stephen P. Deitsch om Tait City Attorney Public Works Services Director Bond Number:106727405 PERFORMANCE BOND Effective:11/1/2018 to 11/1/2019 KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia(hereinafter referred to as"City")has awarded to AMB INDUSTRY GROUPS, LLC, (hereinafter referred to as the "Contractor") an agreemEABM^ 201712018 Janitorial and Porter Services at Various City Facilities(hereinafter referred to as Erie "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated November 1, 2017, and further amended by Amendment No.1 dated— No\je,4e,c2\1 at,(hereinafter referred to as"Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performarce of said Contract Documents. NOW, THEREFORE, we, ABM Industry Groups,LLC the undersigned Contractor and Travelers Casualty and Surety Company of America as Surety,a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of THREE HUNDRED EIGHTEEN THOUSAND,FOUR HUNDRED NINE DOLLARS,AND NINETY-EIGHT CENTS($318,409.98), said sum being not less than one hundred percent(100%)of the total amount of the Contract,for which amount well and truly to be made,we bind ourselves,our heirs, executors and administrators,successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship;and shall indemnify and save harmless the City,its officers and agents,as stipulated in said Contract Documents,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents,unless otherwise provided for in the Contract Documents,the above obligation shall hold good fora period of one(1) year after the acceptance of the work by City,during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract,law or equity,including,but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or PERFORMANCE BOND-1 (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder,the Surety and the City,and make available as work progresses sufficient funds to pay the cost of completion of the Project,less the balance of the contract price, including other costs and damages for which Surety may be liable. The term 'balance of the contract price' as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto,less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent withiocal, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term"balance of the contract price"as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City,when declaring the Contractor in default,notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received,hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect Its obligations on this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the Contract Documents or to the Project,including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 30tl, day of October = 20 18 ABM Industry Groups,LLC , _ _�_ .• _ CONTRACTO INCIPAL / -2.-- _„ ._. . ..,.-- Name Lu Ann Brinkley,Director Insurance Services By: Travelers Casualty and Surety Company of America SUS • By: �- - • l?' n-F,r Simone Gerhard The rate of premium on this bond is $2.40jm per thousand. The total amount of premium charges, $ $764.00 (The above must be filled in by corporate attorney.) PERFORMANCE BOND-2 THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Travelers Casualty and Surety Company of America 401 Lennon Lane, Walnut Creek,CA,94598 (Name and Address of Agent or Representative for service of process in California, if different _ from above) (Telephone number of Surety and 925-945-4122 Agent or Representative for service of process in California NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto in addition to appropriate Notarial Acknowledgments of Execution by Contractor and Surety. PERFORMANCE BOND-3 State of Georgia County of DeKalb On October 31, 2018 before me, Chris Hodder, Notary Public, personally appeared Lu Ann Brinkley 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, 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 Georgia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Cirsilrfidder CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NT 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 OCT 3 0 2010 before me, Sam Fazzini, 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. p SAM FAllIN! A OWk COMM. #2192119 z WITNESS my hand and official seal. ;lit Notary Public• California o z14;,' Los Angeles County M Comm.Ex+ires Air. 16,2021 C Signature �r yam Fazzini,No ary P b Travelers Casualty and Surety Company of America Almh. Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Simone Gerhard,of Los Angeles,California,their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. . � Yn-*44%. , 1 V 440 F lk 4.4 4"HARp TF0:0)w rW W State of Connecticut By: City of Hartford ss. Robert L.Raney,Senior Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. �TI My Commission expires the 30th day of June,2021 "TIN C tirMiluia * /'ueua,* Marie C.Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which re n full force and effect. Dated this day of OCT 3 0 L pL".480 _cilY �C 1Ya iugCy gJ @% 5bn--• "HARTFORD, 7 W HARTFORD < it caingot PI e CONN. a 4 7IK /C4 0 6f ` 'Haar iv i1� le-- evin E. Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. Bond Number:106727405 Effective:11/1/2018 to 11/1/2019 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Arcadia(hereinafter designated as the"City"), by action taken or a resolution passed September 512017 has awarded to ABM INDUSTRY GROUPS,LLC hereinafter designated as the "Principal," a contract for the work described as follows: 2017/2018 Janitorial and Porter Servicesat Various City Facilities(the "Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated November 1, 2017, and further amended by Amendment No. 1 dated Ng\l \pek 2\jaQ2 ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender,equipment, or other supplies used in, upon,for or about the performance of the work contracted to be done, or for any work or labor done theren of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld,and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. Travelers Casualty and Surety NOW THEREFORE,we,the Principal and Company of America as Surety,are held and firmly bound unto the City in the penal sum of THREE HUNDRED EIGHTEEN THOUSAND, FOUR HUNDRED NINE DOLLARS, AND NINETY-EIGHT CENTS ($318,409.98) lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves, our heirs, executors,administrators,successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors,heirs, executors, administrators,successors or assigns,shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials,provisions or other supplies,used in, upon,for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract,or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code,with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change,extension of time for performance,addition, alteration or modification in,to,or of any contract,plans, specifications,or agreement pertaining or relating to any scheme or work of improvement herein above described,or pertaining or relating to the furnishing of labor, materials,or equipment therefore,nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract,agreement or bond,nor by any conditions precedent or subsequent in the bond attempting PAYMENT BOND- 1 to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition,alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, two(2)identical counterparts of this instrument,each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named,on the 30th day of October 20 18 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed b its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) ABM Industry Groups,LLC Principal (Propert Name of Contractor) By: 1 , (Signature of Contractor) Lu Ann Brinkley,Director Insurance Services (Seal of Surety) Travelers Casualty and Surety Company of America Surety By: . Atorney in Fact (Attached Attorney-In-Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and Surety and a Power of Attorney MUST BE ATTACHED. • PAYMENT BOND-2 State of Georgia County of DeKalb On October 31, 2018 before me, Chris Hodder, Notary Public, personally appeared Lu Ann Brinkley 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, 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 Georgia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Chr :; der 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 OCT 3 0 2018 before me, Sam Fazzini, 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. SAM FAllINI WITNESS my hand and official seal. �_ �"�:� COMM. #2192119 z �'—� Notar Public- California o — Los Angeles County ? ��4 M Comm.Ex fires i r.16,2021 ` f Signature Sam Fazzini, ota u li Travelers Casualty and Surety Company of America 'MIl'' Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Simone Gerhard,of Los Angeles,California,their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. 0046. 4 1: S CG#4* 4? « COWL ' 8 L., 71 State of Connecticut By: _ City of Hartford ss. Robert L. Raney,Senior Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. C P TI My Commission expires the 30th day of June,2021 V\ R- C.. Marie C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day of OCT 3 0 2010 �� �Y tl%P,,,,,,,•.,0'` F ..... _„-, gE lo, i Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached.