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HomeMy WebLinkAboutAGMT - ABM Electrical & Lighting Solutions Inc (Almond Park Lighting Improvements Project CIP No PR2103RECORDING REQUESTED BY 1�1►11ri�lCl���:7xK�777���1�Ci7 CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111111111[IJ11111111111�111J]111 �11111111111[111111I IIIll1 NO FEE11111]1�� 2021000673169 9:26 am 11/08/21 63 410A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 Space of above this line for Recorder's use. 11 No Recording Fee Pursuant to Government Code Section 6103, 27383 NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 - 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on September 15, 2021. The work was Almond Park Lighting Improvements Proiect, CIP PR2103. 6. The name of the contractor(s), if any, for such improvement was: ABM Industries, Inc. dba ABM Electrical & Lighting Solutions Inc. The date of the Contract Award was September 28, 2020. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Almond Park, Almond Avenue, City of Seal Beach. Date: 7 -__ Steve yrter, P.E., rector of Public Works City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. � �19 �� I declare under penalty of perjury the foregoing is true and correct. Executed on r/2 2 , 2021, at Seal Beach, California. NOV 1 2021 (D& of Signature) UJITY CE+ RK CITY W' SEAL BEACH Steve Wer, Direct o of Public Works City of Seal Beach PUBLIC WORKS AGREEMENT ALMOND PARK LIGHTING IMPROVEMENTS PROJECT CIP NO. PR2103 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 E:a ABM Industries Inc. dba ABM Electrical & Lighting Solutions Inc. 14201 Franklin Avenue Tustin, CA 92780 (949) 702-9229 This Contract ("Contract") is made as of September 28, 2020, by and between the City of Seal Beach, a California charter city ("City"), and ABM Industries Inc., a Delaware corporation, dba ABM Electrical & Lighting Solutions Inc., a Delaware corporation, ("Contractor"). Page 1 of 13 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Almond Park Lighting Improvements, CIP PR2103 ("Project") with respect to design criteria and technical requirements; and B. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(D), City solicited bids for the Project through The Gordian Group EZIQC - Contract #: CA -08 -SL -CE -B -030618 -ABM. C. WHEREAS, Contractor submitted a bid to the City for the Project, dated June 17, 2020, in the amount of $159,898.82 ("Accepted Bid" hereinafter), attached hereto as Exhibit K and incorporated herein by reference, which constitutes the lowest acceptable bid. The Accepted Bid contains, among other things, provisions defining the Project scope. D. WHEREAS, Contractor is a California licensed "C-10" Electrical Contractor and "B" General Building Contractor (State Contractor's license number (License #967676, DIR #1000003477). E. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(D), City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1.0. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: CONTRACT Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work ("Work") required by this Contract and the documents listed in Subsection 1.2 for the Project. 1.2 Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Accepted Bid, Non -Collusion Declaration, Contractor's Industrial Safety Record, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of Bid opening Page 2 of 13 setting forth any modifications or interpretations of any of said documents, this Contract, Exhibits attached to this Contract, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Indemnification and Hold Harmless Contract (Exhibit G), Standard Specifications and Reference Documents (Exhibit H), Non -Collusion Declaration (Exhibit 1), Contractor's Industrial Safety Record (Exhibit J), Accepted Bid (Exhibit K), Sourcewell Indefinite Quantity Construction Agreement (Exhibit L), and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Contract. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this Contract and the provisions of the other Contract Documents, the provisions of this Contract shall prevail. 2. Effective Date. This Contract is effective as of September 28, 2020 (the "Effective Date"), and shall remain in full force and effect for until a Notice of Completion has been filed with the Orange County Clerk -Recorder, unless sooner terminated or extended pursuant to this Agreement. 3. Contractor's Compensation. 3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit K for the Work but in no event will City pay more than the total not -to -exceed amount of $159,898.82 (One Hundred Fifty Nine Thousand Eight Hundred Ninety Eight and 82/100 dollars). Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 3.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Page 3 of 13 4. Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state law, the Seal Beach Municipal Code, and other local laws and by the Sourcewell Indefinite Quantity Construction Agreement (Exhibit L) to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, actions, causes of action, proceedings, suits, Page 4 of 13 losses, bid protests, stop notices, judgments, fines, penalties, liens, liabilities, costs and expenses (including, without limitation, attomey's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim," collectively, "Claims"), in any manner arising out of, incident to , related to, in connection with or resulting from any act, failure to act, error or omission of the Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers, agents, servants or employees, and/or arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents; including, without limitation, the payment of all consequential damages, attorneys' fees, experts' fees, and other related costs and expenses (individually, a "Claim," or collectively, "Claims"). Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Contract. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. 5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any Bid protest. 5.3 Civil Code Exception. Nothing in this Section 5.3 shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City's active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract. 5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 5.6 Survival. The provisions of this Section 5 shall survive the termination of the Contract and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of Page 5 of 13 judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subcontractors. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D-1: Additional Insured Endorsement - Commercial General Liability. 6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile Liability. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. Page 6 of 13 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers' Compensation Insurance in the amount required by law. 6.4 Deductibles and Self -Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 6.5 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.5.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 6.5.2 For any claims related to this Contract, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6.5.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5.4 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6.5.5 Each insurance policy required by this Section 6 shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City or agency officials. 6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. Page 7 of 13 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7. Liguidated Damages. Should the Contractor fail to complete the Project, or any part thereof, within fifteen (15) weeks of the date of issuance of the Notice to Proceed, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of 500.00 per calendar day for the remainder of the Project. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: Page 8 of 13 Solutions Inc. If to City: City Clerk City of Seal Beach 211 -8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211 -8th Street Seal Beach, California 90740 If to Contractor: ABM Industries Inc. dba ABM Electrical & Lighting 14201 Franklin Avenue Tustin, CA 92780 Telephone: (949) 702-9229 Attn: Nate Piorek 10. Non -Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys' Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys' fees. 14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation Page 9of13 against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract. 15. Workers' Compensation. Labor Code Sections 1860 and 3700 provide tthat every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract." 16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply. 17. Claim Dispute Resolution. 17.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. 18. Antitrust Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties. Page 10 of 13 19. Prohibited Interests, Conflict of Interest 19.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 19.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 19.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non -contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 20. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract. 21. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract. 22. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it. Page 11 of 13 23. Authorily. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 24. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. Page 12 of 13 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above. CITY OF SEAL B H By: Jill R. Ingram, City Manager i �li.,r, „ �,�• Attest: B y, G oria D. Ha , C D i Approvs-F�r CONTRACTOR: By. Name: Title: (Please note, two signatures required for City Attorney corporations pursuant to California Corporations Code Section 313.) Page 13 of 13 Ir ABM ELECTRICAL & LIGHTING SOLUTIONS, INC. RESOLUTION I, J. Harrison Anthony, hereby certify that I am the duly elected and acting Officer of ABM Electrical & Lighting Solutions, Inc. (the "Company"), a limited liability company duly organized and existing under the laws of the State of Delaware, and: BE IT RESOLVED, that Joseph Zentgraf, Is a designated officer of the Company and is therefore authorized to bind the Company by signing and executing contracts, among oth�ties. iN WITNESS WHEREOF, I have hereunto set my signature on this day of January, 2019. J, Anthony stant Secretary State of Georgia § § as. County of Forsyth § On January .� - 2019, before me, lWt& , Notary Public, personally appeared J. Harrison Anthony, personally known to me to be thWperson whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Instrument, the person, or the entity upon behalf of which the person acted, executed the document. WITNESS my hand and official seal. PrintedNartf ' S England Notary Public NOTARY PUBLIC Gwvinnett County, GEORGIA My Comm. Expires 11104/2019 EXHIBIT A FAITHFUL PERFORMANCE BOND Bond No. 09361061 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City'), has awarded to ARM Electrical & Lighting5olutions, Inc. 14101 Franklin Avenue, Tustin, CA 92780 ("Principal") (Name and address of Contractor) a contract (the "Contract") fof the Work described as follows: ALMOND PARK LIGHTING IMPROVEMENTS (PROJECT CIP NO. PR2103) (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and Fidelity And Deposit Company Of Maryland 1199 Zurich Way, Schaumburg, It 60196-1056 (Name and address of Surety) ("Surety's a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of One Hundred Fifty -Nine Thousand Eight Hundred Ninety -Eight and 82 Dollars ($ $159,898.82 ), this amount being not less than the total Contract Price, in 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, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall Qn all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as It applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City Is the principal beneficiary of this Bond and has all rights of a party hereto. Scanned with CamScanner IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duUy signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: October 7, 2020 w''Prircipal" �MF�qricw & Lighting Solutions, Inc. �x\\``\ Its LoAmHeiAk DiewWkwmcese m l By: 11! (Seal) "Surety" Fidelity And Deposit Company Of Maryland B Its r ttornerin-Fad By. Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Scanned with CamScanner State of Georgia County of DeKalb On October 8, 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. 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 OCT 0 7 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 McCoy, Ndtary Public BEVERLY MCCOY NOTARY PUBLIC - STATE OF COLORADO Notary ID MI 94011592 My Commission Expires 3/25/2023 Scanned with CamScanner ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint B. Aleman, Tracy Aston, Tom Branigan, Simone Gerhard, Ross E. Rivas, Edward C. Spector, Marina Tapia, Nathan Varnold, Donna Garcia and KD Wapsto, all of Los Angeles, California, EACH, its true and (awful agent and Attorney -in -Fact, to snake, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duOy executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN ONSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 0" day of March, A.D. 2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Robert D. Murray Vice President �aal�t, 4 " w)x-- By: Dawn E Brawn Secretary State of Maryland County of Baltimore On this 6th day of March. A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brows, Secretary of the Companies, to me personally known to be the individuals and officers described ao and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporste Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. M TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 0„uwlp, g�.�� 1 Constance A. Dunn. Notary Public My Commission Expires: July 9.2019 Scanned with CamScanner EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomeys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By - Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on &he Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMON�nEl ye hereanto subscribed my name and affixed the corporate seals of the said Companies, this da of II u INAL tw ..5,� r By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER. AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg. IL 60196-1056 www.reoortsMO-aimsr<zurichna.com 800-6264577 Scanned with CamScanner EXHIBIT B PAYMENT BOND Bond No. 09361061 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), State of California, has awarded to ABM Electrical & Lighting Solutions, Inc. 14201 Franklin Avenue, Tustin, CA 92780 ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: ALMOND PARK LIGHTING IMPROVEMENTS (PROJECT CIP NO. PR2103) (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and Fidelity And Deposit Company Of Maryland 1199 Zurich Way, Schaumburg, IL 60196-1056 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all) contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of One Hundred Fifty -Nine Thousand Eight Hundred Ninety -Eight and 82 Dollars ($ $159898.81 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of Its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; othervAse, it shall be and remain In full force and effect. Scanned with CarnScanner The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obNgations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set fodh below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: October 7, 2020 By: r (Seal) 'Surety" Fidelity And Deposit Company Of Maryland i one Ger Attorneydn-Fact _ By. Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomeyan-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Scanned with CamScanner _ .•"Principal" _ := %rdiPg dedyical & Lighting Solutions, Inc. ..... . ts IAAffiHriaklry,DnecWclmmoeeSeevicd By: r (Seal) 'Surety" Fidelity And Deposit Company Of Maryland i one Ger Attorneydn-Fact _ By. Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomeyan-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Scanned with CamScanner State of Georgia County of DeKalb On October 8, 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_ 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 OCT 0 7 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 names) 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 Notary Public NOTARY IMIC D 011 STjTj COLORADO Ne Scanned with CarnScanner ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (hcrcin collective0y called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint B. Alemon, Tracy Aston, Tom Branigan, Simone Gerhard, Rosa E. Rivas, Edward C. Spector, Marina Tapia, Nathan Varnold, Donna Garcia and KD Wapato, all of Los Angeles, California, EACH, its true and lawfull agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of March, A.D. 2019. i ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn h Brown Secretary State of Maryland County of Baltimore On this 6th day of March, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preccding instrument are the Corporate Sees of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,011111try, rua� /h.• Constance A. Dunn, Notary Public Expires: July 9, 2019 My Commission Scanned with CamScanner EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognisances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By - Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMEROCAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy -of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN'TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this = - day of OCI 0 7'W'41I dima _3f' / By: Brian M Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reDonsklairrisny zurichna.com 800-626-4577 Scanned with CamScanner EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] Page 1 of 2 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) : TYPE OF INSURANCESo 09/17/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Towers Watson Southeast, Inc. C/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA CONTACT Willis Towers Watson Certificate Center NAME: PHONE 1-877-945-7378 FAX AIC N Ext : A/C No 1-888-467-2378 EMAIL ADDRESS: certificates@willia.com INSURERS AFFORDING COVERAGE NAIC # INSURERA: ACE American Insurance Company 22667 PREMISES(Ea Eoccurrence) $ 2,000,000 INSURED ABM Electrical t Lighting Solutions, Inc. any INSURER B: ACE Property 6 Casualty Insurance Comp20699 INSURER C: an ABM Industries Incorporated Company 4151 Ashford Dunwoody Road, Suite 600 Atlanta, GA 30319 INSURER D: INSURER E: ' OTHER: INSURER F : - ----- ----------• r�GwrJIV1� MunnoCM. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR' LTR : TYPE OF INSURANCESo ADDL SUER POLICY EFF WVDPOLICY NUMBER MM/DD POLICY EXP MM/D LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE '�XJ OCCUR �X 1 $1, 000, 000 SIR y ! Y XSL 671228988 11/O1/2019i11/01/2020 EACH OCCURRENCE $ 2,000,000 PREMISES(Ea Eoccurrence) $ 2,000,000 MED EXP (Any one person) $ Excluded XCU PERSONAL SADV INJURY 1 $ 2,000,000 GEL AGGREGATE LIMIT APPLIES PER: I~ N' POLICY F] PRO- T LOC GENERAL AGGREGATE $ 6,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY X . ANY AUTO . OWNED SCHEDULED X'' AUTOS ONLY AUTOS X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY Y ISA E25292510 j 11/01/2019'11/01/2020 COMBINED SINGLE LIMIT $ 5,000,000 Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per acddenq, $ PROPERTY DAMAGE Per accident $ B �X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE. XOO G27910865 005 11/01/2019 11/01/2020 EACH OCCURRENCE $ 10,000,000 AGGREGATE �'�.$ 10,000,000 DED X ' RETENTION $ 10, 000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ' ANYPROPRIETOR/PARTNER/EXECUTIVE NO (Mandatory in (Mandatory in NH) If yes, describe under A N/AI '�, ,. � WCU C6589581A 111/01/2019 !I11/01/2020 j $ X PER 0TH - STATUTE ER E.L EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE; $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 107 Additional Remarks Schedule, may be attached if more apace is required) Worksite Location: Almond Park, Oleander Street 6 Almond Avenue, Seal Beach, CA 90740 SIR - Excess Workers Compensation: CA -$1,000,000 SIR OH WA OR IL MI- $500,000 SIR CCRTICIPATC Urnl nCn City of Seal Beach, City Hall 211 8th Street Seal Beach, CA 90740 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Q t �~ v Inoo-"IaAILUKU GUKPUKATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 20090558 BATCH: 1817697 AGENCY CUSTOMER ID: LOC #: Aco ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis Towers Watson Southeast, Inc. ABM Electrical 6 Lighting Solutions, Inc. an ABM Industries Incorporated Company 4151 Ashford Dunwoody Road, Suite 600 POLICY NUMBER See Page 1 Atlanta, GA 30319 CARRIER NAIC CODE See Page 1 See Page 1 1 EFFECTIVE DATE: See Page 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Description of Job: Lighting improvement project. PROJECT CIP NO PR2103 The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents, employees, and volunteers are included as Additional Insureds as respects General Liability and Automobile Liability as required by written contract with the Named Insured. If required by the written contract or agreement with said Additional Insured, this insurance shall be primary insurance to any other insurance available to said insured covering the same loss. Such other insurance available to said Additional Insured shall be excess to and non-contributing to this insurance. Waiver of subrogation applies in favor of Additional Insured as respects General Liability, where allowed by law as required by written contract with the Named Insured. Amen 4141 1-2nnorn4t W cuU0 AGURU WKIFURATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 20090558 BATCH: 1817697 CERT: W17804028 WILLIS TOWERS WATSON CANCELLATION NOTICE NAMED INSURED ABM Electrical & Lighting Solutions, Inc. POLICY NO. All policies listed on the enclosed certificate EFFECTIVE DATE SEE PAGE 1 Holder Name: City of Seal Beach, City Hall 211 8th Street Seal Beach, CA 90740 Project: See Page 1 Cancellation Terms: IN ADDITION TO THE NOTICE PROVISIONS IN THE POLICY, WILLIS TOWERS WATSON HAS AGREED WITH THE CARRIER THAT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, WILLIS TOWERS WATSON WILL SEND WRITTEN NOTICE TO THE CERTIFICATE HOLDER WITHIN 30 DAYS EXCEPT FOR NONPAYMENT OF PREMIUM. WILLIS TOWERS WATSON WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED. Cancellation Terms Apply to the Following Coverages: All policies listed on the enclosed certificate Willis 102 BLANKET ADDITIONAL INSURED Named Insured ABM Industries Incorporated Endorsement Number 9 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G71228988 11/01/2019 To 11/01/2020 Issued By (Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: EXCESS COMMERCIAL GENERAL LIABILITY POLICY Any person or organization whom you have agreed to include as an additional insured in a written contract is included as an additional insured under this policy, but only to the extent required by and in accordance with the terms of such written contract, provided that written contract does not specify an ISO endorsement or other specific wording, and only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of your ongoing and completed operations. MS -17238 (11/18) CChubb. 2016. All rights reserved Page 1 of 1 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Endorsement Number ABM Industries Incorporated 5 XSL G71228988 111/01/2019 to 11/01/2020 Issued By (Name of Insurance Company) ACE American Insurance Company j number The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY Organization Additional Insured Endorsement Any additional insured with whom you have agreed to provide such non- contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss (lf no information is filled in, the schedule shall read: "All persons or entities added as additional insureds through an endorsement with the term "Additional Insured" in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IVA: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss and is primary (subject to satisfaction of the "retained limit"), meaning that we will not seek contribution from the other insurance available to the Additional Insured. Your "retained limit" still applies to such loss, and we will only pay the Additional Insured for the "ultimate net loss" in excess of the "retained limit" shown in the Declarations of this policy. Authorized Representative XS -20288a (05/14) @Chubb. 2016. All rights reserved. Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Named Insured Endorsement Number ABM Industries Incorporated 6 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XS L G71228988 11/01/2019 to 11/01/2020 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name of Person or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in t Schedule above. n Authorized Agent XS -6W34 (09/95) Ptd. in U.S.A. Page 1 of 1 ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named insured ABM Industries Incorporated Endorsement Number 2 Policy Symbol Poky Number Policy Period Effective Date of Endorsement ISA H25292510 11/01/2019 TO 11/01/2020 Issued By (Name of Insurance Company) ACE American Insurance Company Insed the ootiev number The re—dwr of thw mrnm.n-- - tie — . o., - , e11dorse—i is ssueo suasequent to the preparawn or the policy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract orovided such contract was executed prior to the date of loss A. For a covered "auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury" or "property damage" resulting from acts or omissions of: 1. You. 2. Any of your "employees" or agents. 3. Any person operating a covered "auto" with permission from you, any of your "employees" or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. &�� 1".&a Authorized Representative DA-91J174c (103116) Page 1 of 1 EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre -qualification questionnaire and financial statement. Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder. L)J C) + 15 1 License No.: 90-742740 4 Class: C.) G * J3 Expiration Date: + ! Date: Ow EXHIBIT F LABOR LAW REQUIREMENTS AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 37001 The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the Work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before co ncing the performance of the Work of this Contract." Xl Date Q Signature,, i EXHIBIT G INDEMNIFICATION AND HOLD HARMLESS AGREEMENT INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION OFFICIAL TITLE OF PROJECT: ALMOND PARK LIGHTING IMPROVEMENTS (PROJECT CIP NO. PR2103) Indemnitor(s) (list all names): Contractor shall defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, actions, causes of action, proceedings, suits, losses, bid protests, stop notices, judgments, fines, penalties, liens, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim," collectively, "Claims"), in any manner arising out of, incident to , related to, in connection with or resulting from any act, failure to act, error or omission of the Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers, agents, servants or employees, and/or arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents; including, without limitation, the payment of all consequential damages, attorneys' fees, experts' fees, and other related costs and expenses (individually, a "Claim,' or collectively, "Claims"). Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Contract. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. "Indemnitor' Name: By: Its EXHIBIT H STANDARD SPECIFICATIONS AND REFERENCED DOCUMENTS 1, Standard Specifications for Public Works Construction ("Greenbook") 2. Construction Specifications Institute ("CSI) EXHIBIT I NON -COLLUSION DECLARATION NON -COLLUSION DECLARATION FORM (PUBLIC CONTRACT CODE SECTION 71061 The undersigned declares: '�� n i4�ii �Ci21C,�L4- 1 am the V,CL' %,Asf�l of Ldi1f� ©11J, the party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of Califorpia t at the foregoing is true and correct and that this declaration is executed on Cl [date], at .) [city], [state]. Project Name: Z-) no PMK UC�T/k(:2i P 63 Legal Business Name of Bidder ,r- Business Address -A ) �j(l�lN �V� T��T�ry �/�-r 9� � 06 iY 0 Business Tel. No. Printed Signature: Printed Name: Date: I/-- ,-3 CYC 0 Date: This form must be notarized. EXHIBIT J CONTRACTOR'S INDUSTRIAL SAFETY RECORD CONTRACTOR'S INDUSTRIAL SAFETY RECORD Bidder's Name: ABM Electrical & Lighting Solutions, Inc. /Joseph P. Zentgraf The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary -Occupational Injuries and Illnesses, OSHA No. 102. A &Yr i�: x -F• -c =-?"2/ cl4L 4- Legal Business Name of Bidder L>U j/,AJ&' T�• Business Address: la'tnlF�W1►,A1 Business Tel. No.: !2401 _ Vj0;4 _ Lj•; { State Contractor's License No. and Classification:_ Title V, L �c— Ted , _:,j Current Year of 2019 2018 2017 2016 2015 Total Record Number of 350(+) 300(+) 400(+) 550(+) 570(+) 450(+) 2,620(+) contracts Total dollar $22,221,713 $43,544,738 $31,055,638 $39,416,327 $42,715.169 $32,887,994 $211,841,039 amount of contracts (in thousands of dollars) Number of 0 0 0 0 1 0 1 fatalities Number of 0 0 1 1 1 1 4 lost workday cases Number of 0 0 0 0 0 0 0 lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary -Occupational Injuries and Illnesses, OSHA No. 102. A &Yr i�: x -F• -c =-?"2/ cl4L 4- Legal Business Name of Bidder L>U j/,AJ&' T�• Business Address: la'tnlF�W1►,A1 Business Tel. No.: !2401 _ Vj0;4 _ Lj•; { State Contractor's License No. and Classification:_ Title V, L �c— Ted , _:,j EXHIBIT K ACCEPTED BID Work Order Signature Document C' THE GORD AN GROUP EZIQC Contract No.: CA -08 -SL -CE -B -030618 -ABM F_x] New Work Order F-1 Modify an Existing Work Order Work Order Number.: 080619.00 Work Order Date: 06/17/2020 Work Order Title: Seal Beach - Almond Park Lighting Owner Name: CALIFORNIA -City of Seal Beach Contractor Name: ABM Electrical & Lighting Solutions Inc. Contact: Iris Lee Contact: Nate Piorek Phone: 562-431-2527 Phone: 9497029229 Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA -08 -SL -CE -B -030618 -ABM. Brief Work Order Description: City of Seal Beach - Almond Park Lighting: - Add 2 Light poles with LED lighting for park area. - Meter Base, switch ear, poles, lights, under ground conduit and feeders. - Trenching and backfill for under ground conduit and cables. Time of Performance Estimated Start Date: Estimated Completion Date: Liquidated Damages Will apply: X Will nota I : Work Order Firm Fixed Price: $159,898.82 Owner Purchase Order Number: Approvals CALIFORNIA- City of Seal Beach Date Contractor Date vvorK uraer Signature uocument Page 1 of 1 6/17/2020 Sou rcewel I!'• Detailed Scope of Work To: Nate Piorek ABM Electrical & Lighting Solutions Inc. 14201 Franklin Avenue Tustin, CA 92780 9497029229 Date Printed: June 17, 2020 Work Order Number: 080619.00 Work Order Title: Seal Beach - Almond Park Lighting 41 X C' THE QG-O-RDIAN GROUP From: Iris Lee CALIFORNIA- City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 562-431-2527 Brief Scope: City of Seal Beach - Almond Park Lighting: - Add 2 Light poles with LED lighting for park area. - Meter Base, switch gear, poles, lights, under ground conduit and feeders. - Trenching and backfill for under ground conduit and cables. F]Preliminary F]Revised EX Final The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. • Locate underground utilities and mark location depth where applicable for trenching and light standards • Install approx. 1,800 linear feet of 4' orange construction fencing and maintain throughout the project • Excavate, form and pour new meter pedestal pad • Intercept existing SCE transformer to provide power for new meter pedestal, SCE to make final utility connections • Install (2) new 100a SCE approved meter pedestal at the corner of the park near the SCE transformer • Trench Approx. 600 linear feet total in the grass landscape , including approx. 100 linear feet in heavily rooted area near playground, Trenches to be dug at a depth of 20" below grade • Install conduit and wire in trenches to provide electrical infrastructure for new pole lighting locations • Excavate, form, set rebar and pour concrete footings for (2) new pole locations • Backfill, compact native soil and re -install grass along trench line and excavated areas • Install (2) new Ameron concrete tapered poles 28' with GE LED cobra head luminaries to match existing city roadway lighting. Run new branch circuit to irrigation pedestal • Make final electrical connections and test lighting/electrical for proper operation. • Provide all heavy equipment and misc. material required for project completion. • Provide lighting controls as required by the city • Provide permitting and coordinate with local utilities Subject to the terms and conditions of JOC Contract CA -08 -SL -CE -B -030618 -ABM. Scope of Work Page 1 of 2 6/17/2020 Detailed Scope of Work Continues.. Work Order Number: 080619.00 Work Order Title: Seal Beach - Almond Park Lighting Contractor CALIFORNIA- City of Seal Beach Date Date Scope of Work Page 2 of 2 6/17/2020 Contractor's Price Proposal - Summary Date: June 17, 2020 Re: IQC Master Contract #: Work Order #: Owner PO #: Title: Contractor: Proposal Value: CA -08 -SL -CE -B -030618 -ABM 080619.00 Seal Beach - Almond Park Lighting ABM Electrical 8 Lighting Solutions Inc. $159,898.82 Section - 01 $89,299.50 Section - 03 $850.44 Section - 26 $24,062.93 Section - 31 $30,693.04 Section - 33 $5,112.64 Section - 34 $9,880.27 Proposal Total $159,898.82 Thisl total represents the correct total for the proposal. Any discrepancy between line totals, subtotals and the proposal total is due to rounding. Contractor's Price Proposal - Summary Page 1 of 1 6/17/2020 Contractor's Price Proposal - Detail Date: June 17, 2020 Re: IQC Master Contract #: CA -08 -SL -CE -B -030618 -ABM Work Order #: 080619.00 Owner PO #: Title: Seal Beach - Almond Park Lighting Contractor: ABM Electrical & Lighting Solutions Inc. Proposal Value: $159,898.82 Sect. Item Mod. UOM Description Line Total Labor Equip. Material (Excludes) Section - 01 1 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible $3,135.27 costs. The base cost of the Reimbursable Fee is $1.00. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee (e.g. quantity of 125 = $125.00 Reimbursable Fee). If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warrantee, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal. Quantity Unit Price Factor Total Installation 2,779.74 x 1.00 x 1.1279 = 3,135.27 Bonding $156,763.55 x 2% = $3,135.27 2 01 22 20 00 0030 HR ElectricianFor tasks not included in the Construction Task Catalog® and as $30,223.66 directed by owner only. Quantity Unit Price Factor Total Installation 310.00 x 86.44 x 1,1279 = 30,223.66 2 men ,Breakdown 9 days for Final connections and 2 days voltage testing,additional set up, coordination, rigging, and support for light pole assembly and erection and 2 days Utility Connections. 3 days irrigation pedestal intercept/terminations 3 01 22 20 00 0039 HR LaborerFor tasks not included in the Construction Task Catalog® and as $5,890.07 directed by owner only. Quantity Unit Price Factor Total Installation 72.00 x 72.53 x 1.1279 - 5,890.07 Concrete pole receiving/handling and site movement logistics. 3 men x 3 days 4 01 22 20 00 0039 0004 MOD For Foreman, Add $98.26 Quantity Unit Price Factor Total Installation 24.00 x 3.63 x 1.1279 - 98.26 5 01 22 20 00 0075 HR Underground Utility Surveyor $4,872.53 Quantity Unit Price Factor Total Installation 48.00 x 90.00 x 1.1279 = 4,872.53 Underground Survey 6 days Total , 6 01 22 20 00 0086 HR Engineer $8,797.62 Quantity Unit Price Factor Total Installation 60.00 x 130.00 x 1.1279 = 8,797.62 Additional engineering to meet SEC ( edison) and city of seal Beach requirements for inspection. 7 01 22 23 00 0006 WK 40' Engine Powered, Telescoping Boom Manlift $1,148.27 Quantity Unit Price Factor Total Installation 100 x 1,018.06 x 1.1279 = 1,148.27 Pole fixture installation, wiring, voltage testing and controls. 8 01 22 23 00 0271 MO 2,400 LB Capacity, 72" Wide, Skid -Steer Loader With Full -Time Operator $19,823.67 Quantity Unit Price Factor Total Installation 100 x 17,575.73 x 1.1279 = 19,823.67 Earthwork , trenching, Contractor's Price Proposal - Detail Page 1 of 5 6/17/2020 Contractor's Price Proposal - Detail Continues.. Work Order Number: 080619.00 Work Order Title: Seal Beach - Almond Park Lighting Section - 01 9 01 22 23 00 0329 WK 3/8 CY Hydraulic Excavator With Full -Time Operator $5,413.47 Quantity Unit Price Factor Total Installation 1.00 x 4,799.60 x 1.1279 = 5,413.47 Earthwork Excavation 10 01 22 23 00 0918 DAY 6 Ton Lift, Truck Mounted Hydraulic Crane With Full -Time Operator $3,639.47 Quantity Unit Price Factor Total Installation 3.00 x 1,075.59 x 1.1279 = 3,639.47 Pole Erection 11 01 56 26 00 0182 LF 48" High With Posts At 8' On Center, Plastic Mesh Temporary Safety Fence $5,055.25 Quantity Unit Price Factor Total Installation 1,800.00 x 2.49 x 1.1279 = 5,055.25 Safety Barrier 12 01 71 13 00 0004 EA First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization $908.25 Using A Tractor Trailer With Up To 53' Bedlncludes delivery of equipment, off loading on site, rigging, dismantling, loading and transporting away. For equipment such as bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes, heavy duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, telescoping and articulating boom manlifts with >40' boom lengths, etc. Quantity Unit Price Factor Total Installation 2.00 x 402.63 x 1.1279 = 908.25 P&D Heavy Equipment 13 01 71 13 00 0007 EA Up To 20 Ton Lift Move On/Off Cost, Hydraulic Cranelncludes delivery and $293.71 pickup. Quantity Unit Price Factor Total Installation 1.00 x 260.40 x 1.1279 = 293.71 Crane Offload Subtotal for Section - 01 $89,299.50 Section - 03 14 03 11 13 00 0004 SF Pile Cap, Pier Or Spread Footings Foundation Wood Formwork $850.44 Quantity Unit Price Factor Total Installation 100.00 x 754 x 1.1279 = 850.44 Concrete work Pedestal Footing 15 03 11 13 00 0004 0001 MOD For <1,000, Add $0.00 Quantity Unit Price Factor Total Installation 0.00 x 141 x 11279 = 0.00 16 03 11 13 00 0004 0002 MOD For Foundations >8' Below Grade, Add $0.00 Quantity Unit Price Factor Total Installation 0.00 x 1.36 x 1.1279 - 0.00 Subtotal for Section - 03 $850.44 Section - 26 17 26 05 19 16 0024 MLF #12 AWG Cable - XLP (XHHW), 600 Volt Copper, Single Stranded, Placed In $786.69 Conduit Quantity Unit Price Factor Total Installation 100 x 697.48 x 1.1279 = 786.69 Wire Contractor's Price Proposal - Detail Page 2 of 5 6/17/2020 Contractor's Price Proposal - Detail Continues.. Work Order Number: 080619.00 Work Order Title: Seal Beach - Almond Park Lighting Section - 26 18 26 05 19 16 0025 MLF #10 AWG Cable - XLP (XHHW), 600 Volt Copper, Single Stranded, Placed In $958.83 Conduit Quantity Unit Price Factor Total Installation 1.00 x 850.10 x 1.1279 = 958.83 Wire 19 26 05 19 16 0028 MLF #4 AWG Cable - XLP (XHHW), 600 Volt Copper, Single Stranded, Placed In $4,589.09 Conduit Quantity Unit Price Factor Total Installation 2.00 x 2,034.35 x 1.1279 = 4,589.09 Wire 20 26 05 33 13 1756 LF 1" Schedule 40 Polyvinyl Chloride (PVC) Conduit With Glued Couplings, Direct $3,620.56 Burial Quantity Unit Price Factor Total Installation 1,000.00 x 3.21 x 1,1279 - 3,620.56 Conduit 21 26 05 33 13 1769 EA 1" Schedule 40 Polyvinyl Chloride (PVC) Conduit 90 Degree Elbow, Direct $377.62 Burial Quantity Unit Price Factor Total Installation 12.00 x 27.90 x 1.1279 = 377.62 Conduit 22 26 05 33 13 1782 EA V Schedule 40 Polyvinyl Chloride (PVC) Conduit 45 Degree Elbow, Direct $376.81 Burial Quantity Unit Price Factor Total Installation 12.00 x 27.84 x 1.1279 = 376.81 Conduit 23 26 24 13 00 0306 EA 70 - 100 Amp, 600 Volt, Type EHB, 2 Pole, Panel Mounted, Molded Case Circuit $703.97 Breaker Quantity Unit Price Factor Total Installation 2.00 x 312.07 x 1 1279 = 703.97 Pedestal Main Breaker 24 26 24 13 00 0306 0391 MOD For Personal Protective Equipment (Arc Flash) When Working On Energized $46.94 Equipment, Add Quantity Unit Price Factor Total Installation 2.00 x 20.81 x 1.1279 = 46.94 25 26 24 16 00 0441 EA 1 Pole, 120/240 Volt, 15-30 Amp, Branch Circuit Breaker, 22,000 Amp $484.61 Interrupting Capacity Quantity Unit Price Factor Total Installation 6.00 x 71.61 x 1.1279 = 484.61 Branch Breakers 26 26 24 16 00 0441 0177 MOD For Bolt -On, Add $0.00 Quantity Unit Price Factor Total Installation 0.00 x 15.02 x 11279 = 0.00 27 26 24 16 00 0441 0391 MOD For Personal Protective Equipment (Arc Flash) When Working On Energized $0.00 Equipment, Add Quantity Unit Price Factor Total Installation 0.00 x 10.41 x 11279 = 0.00 28 26 27 13 00 0137 EA 400 Amp System; 400 Amp Main Breaker, 200 Amp M-90 Meter And Enclosure $6,177.02 Quantity Unit Price Factor Total Installation 1.00 x 5,476.57 x 1.1279 = 6,177.02 Stainless Steel Meter Pedestal Enclosure , duel meter base unit w/ stainless steel cabinet Contractor's Price Proposal - Detail Page 3 of 5 6/17/2020 Contractor's Price Proposal - Detail Continues.. Work Order Number: 080619.00 Work Order Title: Seal Beach - Almond Park Lighting Section - 26 29 26 56 13 00 0592 EA 28' High, Octagonal Tapered, Spun Concrete Area Light Pole, Anchor Base $3,420.63 Quantity Unit Price Factor Total Installation 2.00 x 1,516.37 x 1.1279 = 3,420.63 Ameron 1C128 Concrete Pole 28' 30 26 56 13 00 0689 EA Single, 2.38" Arm Diameter, 6' Arm Length, Upsweep Style, Steel Area Light $1,020.64 Arm, Hub Mount Quantity Unit Price Factor Total Installation 2.00 x 452.45 x 1.1279 = 1,020.64 Ameron Pole Fixture Arm 6' 31 26 56 19 00 0020 EA Photo Control, Multi -Tap As Manufactured By Cooper Lighting #RA1016 $195.49 Quantity Unit Price Factor Total Installation 2.00 x 86.66 x 1.1279 = 195.49 Lighting Controls 32 26 56 19 00 0114 EA 13,000 Lumens, Horizontal Tenon Mount, LED Cobra Head Street Light $1,304.03 (General Electric ERLH 0 13XX 40 A GRAY) (DLC Certified) Quantity Unit Price Factor Total Installation 2.00 x 578.08 x 1.1279 = 1,304.03 GE ERLH013C330AGRAY LED fixture, Type 3, 3000K Subtotal for Section - 26 $24,062.93 Section - 31 33 31 13 13 00 0022 EA Stump Grinding Up To 6" Tree $5,558.86 Quantity Unit Price Factor Total Installation 50.00 x 98.57 x 11279 = 5,558.86 100' trench through tree roots 34 31 13 13 00 0022 0139 MOD For 24" Depth, Add $533.54 Quantity Unit Price Factor Total Installation 24.00 x 19.71 x 1.1279 = 533.54 35 31 23 16 13 0004 CY 12" Wide or Less, Excavation for Trenching by Machine in Loose Rock $6,116.04 Quantity Unit Price Factor Total Installation 375.00 x 14.46 x 1,1279 = 6,116.04 Trenching 36 31 23 16 13 0004 0059 MOD For >50 To 250, Add $816.60 Quantity Unit Price Factor Total Installation 200.00 x 3.62 x 1.1279 = 816.60 37 31 23 16 33 0016 SY Finish Grading for Bulk Excavation by Machine $620.35 Quantity Unit Price Factor Total Installation 1,000.00 x 0.55 x 1.1279 = 620.35 Earthwork 38 31 23 16 36 0031 CY Spread Excess Or Imported Material On Site By Machine $433.11 Quantity Unit Price Factor Total Installation 150.00 x 2.56 x 1.1279 - 433.11 Earthwork 39 31 23 16 36 0031 0032 MOD For >50 To 250, Add $172.57 Quantity Unit Price Factor Total Installation 150.00 x 102 x 11279 = 172.57 Contractor's Price Proposal - Detail Page 4 of 5 6/17/2020 Contractor's Price Proposal - Detail Continues.. Work Order Number: 080619.00 Work Order Title: Seal Beach - Almond Park Lighting Unit Price Factor Section - 31 Installation 50.00 x 41.08 x 1.1279 - 40 31 23 16 46 0009 CY Backfilling By Hydraulic Excavator, Backhoe, Loader At Exposed Underground $3,426.00 Subtotal for Section - 31 Pipes And Structures $30,693.04 Section - 33 Quantity Unit Price Factor Total 46 33 71 19 00 0011 EA 14" x 20" x 12", Electric Pull Boxes, Precast Concrete $5,112.64 Installation 375.00 x 8.10 x 1.1279 - 3,426.00 Unit Price Factor Total Backfill on and around conduit 755.48 x 1.1279 - 41 31 23 16 46 0009 0020 MOD For >50 To 250, Add $730.88 Subtotal for Section - 33 Quantity Unit Price Factor Total $5,112.64 Installation 200.00 x 3.24 x 1.1279 - 730.88 42 31 23 16 46 0010 CY Backfilling by Hand At Exposed Underground Pipes And Structures $3,491.41 Quantity Unit Price Factor Total Installation 50.00 x 61.91 x 1.1279 - 3,491.41 Backfill on and around conduit 43 31 23 16 46 0012 CY Compaction of Fill or Subbase by Mechanical Means At Exposed Underground $5,337.79 Pipe Or Structures Quantity Unit Price Factor Total Installation 375.00 x 12.62 x 1,1279 - 5,337.79 Compaction on and around conduit 44 31 23 16 46 0012 0024 MOD For >50 To 250, Add $1,139.18 Quantity Unit Price Factor Total Installation 200.00 x 5.05 x 1,1279 - 1,139.18 45 31 23 16 46 0013 CY Compaction of Fill or Subbase by Hand At Exposed Underground Pipe Or $2,316.71 Structures Section - 34 47 34 41 13 00 0207 EA Pole Base Foundation for 17-2-80, 17-2-100,19-2-80 Poles $9,880.27 Quantity Unit Price Factor Total Installation 2.00 x 4,379.94 x 1.1279 - 9,880.27 Pole Footings Subtotal for Section - 34 $9,880.27 Proposal Total $159,898.82 This total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding. Contractor's Price Proposal - Detail Page 5 of 5 6117/2020 Quantity Unit Price Factor Total Installation 50.00 x 41.08 x 1.1279 - 2,316.71 Compaction on and around conduit Subtotal for Section - 31 $30,693.04 Section - 33 46 33 71 19 00 0011 EA 14" x 20" x 12", Electric Pull Boxes, Precast Concrete $5,112.64 Quantity Unit Price Factor Total Installation 6.00 x 755.48 x 1.1279 - 5,112.64 Pull Vaults Subtotal for Section - 33 $5,112.64 Section - 34 47 34 41 13 00 0207 EA Pole Base Foundation for 17-2-80, 17-2-100,19-2-80 Poles $9,880.27 Quantity Unit Price Factor Total Installation 2.00 x 4,379.94 x 1.1279 - 9,880.27 Pole Footings Subtotal for Section - 34 $9,880.27 Proposal Total $159,898.82 This total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding. Contractor's Price Proposal - Detail Page 5 of 5 6117/2020 Subcontractor Listing Date: June 17, 2020 Re: IQC Master Contract #: Work Order #: Owner PO #: Title: Contractor: CA -08 -SL -CE -B -030618 -ABM 080619.00 Seal Beach - Almond Park Lighting ABM Electrical & Lighting Solutions Inc. Proposal Value: $159,898.82 '41 C, THE GORDIAN GROUP suocontractor Listing Page 1 of 1 6/17/2020 EXHIBIT L SOURCEWELL INDEFINITE QUANTITY CONSTRUCTION AGREEMENT NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents 4 ?JPA National Joint Powers Alliance INDEFINITE QUANTITY CONSTRUCTION AGREEMENT IFB NUMBER: CA08SLCEB-030618 GEOGRAPHIC AREA State of California - Southland This Agreement dated April 04, 2018 , by and between the National Joint Powers Alliance, hereinafter referred to as NJPA and ABM Electrical and Lighting Solutions, Inc. at the following address 12401 Franklin Ave., Tustin, CA 92780 hereinafter referred to as the CONTRACTOR. WITNESSETH: NJPA and CONTRACTOR for the consideration hereafter agree as follows: ARTICLE 1. CONTRACT DOCUMENTS A. Contract Documents: This Agreement; the IFB Documents; (Book 1 - Project Information, Instructions to Bidders and Execution Documents; Book 2 - IQCC Standard Terms and Conditions and General Conditions; Book 3 - Construction Task Catalog (CTC), Book 4 - Technical Specifications) and Addenda thereto, all payment and performance bonds (if any), material and workmanship bonds (if any); wage rate decisions and certified payroll records (if any); Notice of Award; all modifications issued thereto, including Supplemental Purchase Orders/Change Orders and written interpretations and all Purchase Orders and accompanying documents (Requests for Proposals, Detailed Scopes of Work, Purchase Order Proposals, etc.) issued hereunder. B. The terms and conditions of a Purchase Order issued by an NJPA Member in connection with any Project, including supplemental technical specifications referenced therein, shall govern. C. The Contractor shall, within two (2) business days of receipt of a Purchase Order from an NJPA Member, provide notification to NJPA or their designated representative of each Purchase Order by forwarding a copy of the Purchase Order via email to POa-EZIQC.com or via facsimile to (864) 233-9100. D. The Contractor shall, within two (2) business days of sending an Invoice to an NJPA Member, provide notification to NJPA or their designated representative of each Invoice by forwarding a copy of the Invoice via email to Invoice _EZIQC.com or via facsimile to (864) 233-9100. January 2018 Section Three — Bid Forms 33 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents A. The Contractor shall provide the services required to develop each Purchase Order in accordance with the procedures for developing Purchase Orders set forth in the IQCC Standard Terms and Conditions and the Contract Documents. B. Each Purchase Order developed in accordance with this Agreement will be issued by an individual NJPA Member. The Purchase Order will require the Contractor to perform the Detailed Scope of Work within the Purchase Order Completion Time for the Purchase Order Price. C. It is anticipated that the Contractor will perform Work primarily in the Geographic Area set forth above. However, the parties may agree that the Contractor can perform Work in a different Geographic Area at its current Adjustment Factors. ARTICLE 3. THE AGREEMENT PRICE A. This Agreement is an indefinite -quantity contract for construction work and services. The Estimated Annual Value of this Agreement is $ 4,700,000. This is only an estimate and may increase or decrease at the discretion of NJPA. B. The Contractor shall perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors: TO BE ENTERED BY NJPA: a. Normal Workinq Hours Prevailing Wage: Work performed from 7:00am until 4:00pm Monday to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.0730 (Specify to four (4) decimal places) b. Other Than Normal Working Hours Prevailing Wage: Work performed from 4:00pm to 7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.2038 (Specify to four (4) decimal places) Normal Working Hours Non Prevailing Wage: Work performed from 7:00am until 4:00pm Monday to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 0.6941 (Specify to four (4) decimal places) d. Other Than Normal Working Hours Non Prevailing Wage: Work performed from 4:00pm to 7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 0.7052 (Specify to four (4) decimal places) January 2018 Section Three — Bid Forms 34 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents e. Non Pre -priced Adiustment Factor: To be applied to Work deemed not to be included in the CTC but within the general scope of the work.- 1. ork:1. 2271 (Specify to four (4) decimal places) ARTICLE 4. TERM OF THE AGREEMENT A. This Agreement has an initial term of one (1) year and a bilateral option provision for three (3) additional terms. The total term of the Agreement cannot exceed four (4) years. One additional one-year renewal -extension may be offered by NJPA to Contractor beyond the original three-year term if NJPA deems such action to be in the best interests of NJPA and its Members. The Contractor may withdraw from the Agreement on each anniversary of the award, provided that the Contractor gives 60 Days written notice of its intent to withdraw. NJPA may, for any reason, terminate this Agreement at any time. B. All Purchase Orders issued during a term of this Agreement shall be valid and in effect notwithstanding that the Detailed Scope of Work may be performed, payments may be made, and the guarantee period may continue, after such term has expired. All terms and conditions of the Agreement apply to each Purchase Order. ARTICLE 5. SOFTWARE LICENSING A. NJPA selected The Gordian Group's (Gordian) software, data and services (IQCC System) for their IQCC program. The system includes Gordian's proprietary ezlQC, eGordian and Bid Safe IQCC applications (IQCC Applications) and construction cost data (Construction Task Catalog), which shall be used by the Contractor to prepare and submit Price Proposals, subcontractor lists, and other requirements specified by NJPA and NJPA Members. The Contractor's use, in whole or in part, of Gordian's IQCC Applications and Construction Task Catalog and other proprietary materials provided by Gordian for any purpose other than to execute work under this Agreement for NJPA and NJPA Members is strictly prohibited unless otherwise stated in writing by Gordian. The Contractor hereby agrees to abide by the terms of the following IQCC System License: ARTICLE 6. IQCC SYSTEM LICENSE A. Gordian hereby grants to the Contractor, and the Contractor hereby accepts from Gordian for the term of this Agreement or Gordian's contract with NJPA, whichever is shorter, a non-exclusive right, privilege, and license to Gordian's proprietary IQCC System and related proprietary materials (collectively referred to as "Proprietary Information") to be used for the sole purpose of executing Contractor's responsibilities to NJPA and NJPA Members under this Agreement ("Limited Purpose"). The Contractor hereby agrees that Proprietary Information shall include, but is not limited to, Gordian's IQCC Applications and support documentation, Construction Task Catalog, training materials, marketing materials and any other proprietary materials provided to Contractor by Gordian. In the event this Agreement expires or terminates as provided herein, or the Gordian's contract with NJPA expires or terminates, this IQCC System License shall terminate and the Contractor shall return all Proprietary Information in its possession to Gordian. B. Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary rights to the Proprietary Information, including all U.S. and international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets. January 2018 Section Three — Bid Forms 35 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents Contractor shall have no right or interest in any portion of the Proprietary Information except the right to use the Proprietary Information for the Limited Purpose set forth herein. Except in furtherance of the Limited Purpose, Contractor shall not distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form), any portion of the Proprietary Information. C. Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets, and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Agreement, and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided to Contractor, subject to federal, state and local laws related to public disclosure. Contractor further acknowledges that a breach of any of the terms of this Agreement by Contractor will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy, and Gordian shall be entitled to injunctive relief (without the necessity of posting a bond) as well as all other monetary remedies available at law or in equity. In the event that it becomes necessary for either party to this IQCC System License to enforce the provisions of this Agreement or to obtain redress for the breach or violation of any of its provisions, whether by litigation, arbitration or other proceedings, the prevailing party shall be entitled to recover from the other party all costs and expenses associated with such proceedings, including reasonable attorney's fees. D. In the event of a conflict in terms and conditions between this IQCC System License and any other terms and conditions of this Agreement or any Purchase Order, Order or similar purchasing document (Purchase Order) issued by NJPA or an NJPA Member, this IQCC System License shall take precedence. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. By: Natio al Join P veers Alliance Aut oriz Signat e Jeremy Schwartz -Director of Operations & Procurement/CPO Print Name Itactor Authorized Signature Ian McClement Print Name Contract Number: CA -08 -SL -CE -B -030618 -ABM (assigned by NJPA) January 2018 Section Three — Bid Forms 36 DocuSign Envelope ID: 092D5FF5-FAD9-4C31-85E5-2091B789CFF5 ANNUAL RENEWAL AND MODIFICATION OF AGREEMENT made by and between ABM Electrical & Lighting Solutions Inc. 14201 Franklin Avenue Tustin, CA 92780 and Sourcewell 202 12th Street NE PO Box 219 Staples, MN 56479 Phone: (218) 894-1930 or (888) 894-1930 Whereas: "Vendor" and "Sourcewell" have entered into 1) an "Acceptance of Bid and IFB CA -08 -SL -CE -B -030618 -ABM" with an effective date of April 4, 2018, a maturity date of April 3, 2022, and which are subject to annual renewals at the option of both parties. MODIFICATION: SECOND RENEWAL OPTION PERIOD Pursuant to the agreement between the parties, the following are the Adjustment Factors for the next option period: Base Year Base Average 10761.4416 Option Year Date Index 1 March 2017 10277.62 2 April 2017 10678.15 3 May 2017 10692.17 4 June 2017 10707.81 5 July 2017 1078926 6 August 2017 10841.56 7 September 2017 10822.82 8 October 2017 10817.11 9 November 2017 10870.06 10 December 2017 10873.56 1 1 January 2018 10878.01 12 February 2018 10889.17 Base Average 10761.4416 Option Year Option Average 11312.1183 Price Adjustment: Second Year Index Average = 1 1312.1 183 = 1.0512 Base Year Index Average 10761.4416 Date Index 1 March 2019 1 1227.88 2 April 2019 1 1228.07 3 May 2019 1 1229.99 4 June 2019 11268.48 5 July 2019 11291.80 6 August 2019 1 131 1.06 7 September 2019 1 1311.24 8 October 2019 11326.12 9 November 2019 11380.83 10 December 2019 11381.53 I I January 2020 1 1392.41 12 February 2020 11396.01 Option Average 11312.1183 Price Adjustment: Second Year Index Average = 1 1312.1 183 = 1.0512 Base Year Index Average 10761.4416 DocuSign Envelope ID: 092D5FF5-FAD9-4C31-85E5-2091B789CFF5 Now therefore: "Vendor" and "Sourcewell" hereby desire and agree to extend and renew the above defined contracts and with the above identified modifications for the period of April 4, 2020 through April 3, 2021. Sourcewell Do 3 "b,: By: Its: Director of Cooperative Contracts and Procurement! CPO Crean a5nmrm Name printed or typed: Jeremy Schwartz Date:2/25/2020 1 8:35 PM CST ABM Electrical c% Lighting Solutions Inc. - #C9 -08 -SL -CE -B -03 0618 -ABM F3;.TYdf rB1-711d- , Its: VP/Sr. Branch Mgr. Name printed or typed: toe zentgraf Date: 2/25/2020 1 5:09 PM CST ---------------------------------------------------------------------------------- lf you do not want to extend contract, please sign below and return this agreement. Discontinue: We desire to discontinue the contract. Signature: , Date: AWARD MULTIPLIER x PRICE ADJUSTMENT = OPTION MULTIPLIER CA -08 -SL -CE -B -030618 -ABM Non Pre -Priced Adjustment Factor —v 1.2271 -----��__ 1.0000 s 1.2271 Normal Working Hours Prevailing Wage 1.0730 1.0512 1.1279 Normal Working Hours Non- Prevailing V6'age 0.6941 1.0512 0.7296 Other Than Normal Working Hours Prevailing Wage 1.2038 1.0512 1.2654 Other Than Normal Working Hours Non -Prevailing Wage 0.7052 1.0512 0.7413 Now therefore: "Vendor" and "Sourcewell" hereby desire and agree to extend and renew the above defined contracts and with the above identified modifications for the period of April 4, 2020 through April 3, 2021. Sourcewell Do 3 "b,: By: Its: Director of Cooperative Contracts and Procurement! CPO Crean a5nmrm Name printed or typed: Jeremy Schwartz Date:2/25/2020 1 8:35 PM CST ABM Electrical c% Lighting Solutions Inc. - #C9 -08 -SL -CE -B -03 0618 -ABM F3;.TYdf rB1-711d- , Its: VP/Sr. Branch Mgr. Name printed or typed: toe zentgraf Date: 2/25/2020 1 5:09 PM CST ---------------------------------------------------------------------------------- lf you do not want to extend contract, please sign below and return this agreement. Discontinue: We desire to discontinue the contract. Signature: , Date: