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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.