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CONTRACT 5196 Public Works Contract CLOSEDAgreement No. 5196 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND DANNY LETNER INC. DBA /LETNER ROOFING CO. FIRE DEPARTMENT ROOF REPLACEMENT PROJECT PROJECT NO.: PW 15 -18 This CONTRACT is entered into this 20 day of September, 2016, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and Danny Letner Inc. DBA/Letner Roofing Co., a California corporation ( "the Contractor "). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work "). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B, The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C, The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Eight hundred, Six thousand Dollars ($806,000.00) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE.. Agreement No. 5196 A. The Contractor will fully complete the Work within forty (40) working days (the "Contract Time. ") B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: i. The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits Agreement No. 5196 of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The Cily Stephanie Katsouleas Public Works Director City of El Segundo 350 Main Street El Segundo, CA 90245 (310) 524 -2356 The Contractor Dennis Olson President Danny Letner Inc. DBA/Letner Roofing Co. 1490 N. Glassell Street Orange, CA 92867 (714) 633 -0030 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. Agreement No. 5196 There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. Insurance Reviewed by: Agreement No. 5196 Mn Dennis Olson, President Danny Letner Inc. DBA/Letner Roofing Co. Taxpayer ID No. 33- 0603152 Contractor State License No.: 689961 Contractor City Business License No.: 12264 Agreement No. 5196 Change Order City of El Segundo, Public Works Department .. . ............... . .. . ............... Permit No.: N/A Plan No.(5): Project Number: Change Order No.• I PW 15_ .............. ... .......... ........wawa . ....... Contractor Name: Danny Letner Inc. Project Manager Name: Cheryl Ebert Letner Roofing Co. Project Manager Phone: 310-524-2321 Contractor Address: 1490 N. Glassell Street Orange, CA 92867 Contractor Phone: (714) 633-0030 Contract No File Reference: Inspector Name: Cheryl Ebert NA NA Phone: (310) 524-2321 . . .. . ........... . . . ...... . . ............... Contract Name: PW 1'5-18: Fire Station Roof Replacement Project .......................... . ............. Description of Changes: Remove Police Department Roof Replacement project from scope of work. (-$533,000) Additional cost to construct Fire Station roof according to plans and specifications (which includes elastomeric spray coating). ($15,300) Method of Payment (May Be Combination): Contract Unit Prices E] Contractors Quote (see attached) ❑ Time & Materials (Estimated)* . ....... . . ......... . REVISED CONTRACT COSTS: RE... VISED CONTRACT TIMELINE: Original Contract Cost: $806,000.000 Original Start Date: N/A Previous Changes: $0 Original Working Days (Fri-Sun): 40 Additions to $15,300 Previous Work Days Changes: 0 Bid Items Per this CO: -$533,000.00 Current CO Work Days Change: 0 New Contract Cost: $288,300.00 New Total Working Days: 40 % Above Original Contract Cost: -64.2% New Completion Date: Start date + Working Days CITY OF EL SEGUNDO Approved By: Date: ' � . . . . . . . ................. Note: This Change Order is Effective on the date signed by the City Representative. Notify the Project Engineer immediately if there is any disagreement. The Change Order costs indicated on this form reprdsent the complete cost to perform the noted work. No other incidental or related costs are due or will be claimed by the contractor for this item of work without the express written approval from the City. Received: 9/21/16 ................. Dennis Olson, President 5ignature" Date Agreement No. 5196 PROPOSAL FOR THE POLICE DEPARTMENT AND FIRE DEPARTMENT ROOF REPLACEMENT PROJECT PROTECT NO.: PW 15 -18 Date Company Name: Danny Letner Inc. DBA/Letner Roofing Co. TO THE CITY OF EL SECUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work. site, Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents, access and any other field conditions which may affect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the unit and/or lump sum prices set forth in the following Bid Schedule. ,BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and /or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of contract to the BIDDER, including sending by U.S. Mail a Public 'works Contract for signature by the Nyardec, the, proct:eds of the- security accompanying this bid shall become the prctl e� ty o�l'tlte f.'ity l` h l Segundo and this hid a�td t�lre acceptance hereof may, at the City of Ij Segundo's option, be considered null and void. 1 -C -1 Agreement No. 5196 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. ,A Ff [RMA "'l "l VE' ACTION CERTIFICAnON BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NON COI:.I,,,l»iSl() DECLARATION BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, finn, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I -C -2 Agreement No. 5196 BID SCHEDULE POLICE DEPARTMENT AND FIRE DEPARTMENT ROOF REPLACEMENT PROJECT PROJECT NO.: PW 15 -18 I -C -3a Company Name: Danny Letner Inc. DBA/Letner Roofing Co. BASE BID A — POLICE DEPARTMENT ROOF ._._ .. .._ _ ....... item In€i No. Description TY Unit Unit Price $ Total $ Remove and replace the Police 1 Department Roof in accordance I LS $533,000 $533,000 with the Contract plans and specifications. ��. 0 - � ',TOTAL BASE BID A In Figures) A ( $533,000 .B - BID A (In Wors) _. TOTAL BASE � _ �1 Five Hundred Thirty Three Thousand Dollars BASE BID B —FIRE STATION I ROOT Itcn De crlh #cn QTY Unit Unit Price $ Total N,° s [Removal of the Fire Station 1 2 of per Cal /OSHA and AQMD 1 LS $200,000 $200,000 requirements, Replace the Firs: Station I Roof after remediation of harmful 3 1 $58,000 $58,000 substances in accordance with the i Contract plans and specifications. tL Provide interior protection for Fire 1 $15,0 00 $15,000 4 Station i 1 ., TOTAL .. BAS .�...� ...v�_..�.....�.......� .. E BID B (in Figures) $273,000 TOTAL BASE BID B (In Words) Two Hundred Seventy Three Thousand Dollars I -C -3a Agreement No. 5196 131D SCHEDULE POLICE DEPARTMENT AND FIRE DEPARTMENT ROOF REPLACEMENT PROJECT PROJECT NO.: PW 15-18 Company Name. Danny Letner Inc. DBA/Letner Roofing Co. ALTERNATIVE BID ITEMS –ft—em Unit Price No. Description QTY Unit I "otal 'S Remove and replace the Fitness Center Roof (building east of AI Fire Station 1) in accordance with I LS $20,000 $20,000 the Contract plans and specifications. Remove and replace roof decking A2 underneath the Police Department 100 SF $8.00 $800 Roof. Remove and replace roof decking A3 underneath the Fire Station 1 100 SF $8.0 0 $800 Roof. Remove and replace roof decking A4 underneath the Fitness Center 100 SF $8.00 $800 Building Roof. Remove and replace roof & A5 overflow drain bodies on the Police I LS $800 $800 Department Roof, A6 skylights so Remove and replace skylights on I LS $15,000 $15,000 the Fire Station 1 Roof. A7 A17 work and Remove and replace duct work and I LS $3,500 $3,500 fan on the Fire Station I Roof. Remove and replace rusted/ A8 deteriorated metal pans underneath 19 13S F $60.00 $11,580 the AC units on the Fire Station I Roof. I-C-3b Agreement No. 5196 BIDDER'S INFORMATION Company Name: Danny Letner Inc. DBA/Letner Roofing Co. -�h BIDDER certifies at the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) Corporation I ....... . .. - If corporation, State of Incorporation (i.e., California) ---gqlifornia . ..... .... Business 1490 N. Glassell St., Ora.99!e�CA 92§§T Address Telephone No. (714)633-0030 Facsimile No (714 633 -08 0 . ........ . . State Contractor's License No. and Class . 689961 Original Date Issued 6/8/1994 Expiration Date 6/30/18 'Me following are the names, titles, email addresses, and phone numbers of all individuals, firm members, partners, oint venturers, and /or corporate officers having principal interest in this proposal: _.ppn�QjqQn _P Rick Olson, Vice President; German Gonzalez, Assistant Vice President Stuart Hein, S The date of any voluntary or involuntary bankrupicyjudgments against any principal having an interest in this proposal is as follows: N/A All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: N/A IM] Agreement No. 5196 I a 1-0 01 -xv-1 la In na r.,v I Conipany Nanie: ._[I?pDy Letner Inc. DBA/Letner RoofiLig. Cow N une: Mike Sanabria Title: Project Manager Bidder shall submit Manufacturer (Tremco) certificate or letter as part of their Bid Proposal staking the Bidder is Mantifacturer-App rove d to install the roofing system manufacturer's products. mm" Agreement No. 5196 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all a forenamed principals this 19th day of July , 2016 . BIDDER Danny Letner Inc. DBA/Letner Roofing Co. I -C -6 Agreement No. 5196 Jurat A notary public or other officer completing this certificate'' verifies only the identity of the individual who signed the State of California document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. County of Orange ................._. Subscribed and sworn to (or affirmed) before me on this 19th day of July 2016 by ...Dennis Olson proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me,. .. , R. ZAZUETA - COMM. # 2041125 (w„ " J ,..• " "� °� NOTARY PUBLIC - CALIFORNIA ... (Notary seal) � s °� ORANGE COUNTY M$R Comm. Explres Sept. 12, 2017 OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bidder Information _...--------- , ---- -- (Title or description of attached document) (Title or description of attached document continued) Number of Pages 3 Document Date 7/19/16 (Additional information) Example of an oath or affirmation to be asked by the notary prior to signing: "Do you swear or affirm that the statements made in the attached document are true to the best of your knowledge ?" (The affiant must reply affirmatively.) INSTRUCTIONS FOR COMPLETING THIS FORM The wording ofull./uruis completed in California after.hmuary 1, 2008 must be in the firm as set /orth within this Jurat. There are no exceptions, Ifu Jural to be completed does not follow this form, the notary must correct the verbiage by using it jurut stamp containing the correct wording or attaching u separate juratform such as this one which does contain proper warding. In addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document the document must he signed AFTER the ouch or affirmation. If the document was previously signed, it must be re- signed in front n /the noturypublic during the jurat process. • State and County information must be the State and County where the document signers) personally appeared before the notary public • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date thejurat process is completed • Print the name(s) of document signer(s) who personally appear at the time of notarization • Signature of the notary public must match the signature on file with the office of the county clerk, • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines, Ifseal impression smudges, re -seal ifa sufficient area permits, otherwise complete a differentjurat form Additional information is not required but could help to ensure this jurat is not misused or attached to a different document Indicate title or type of attached document, number of pages and date • Securely attach this document to the signed document 2008 Version CAPA vI.9.07 800 - 873 -9865 w w�r,Ntt(t�d.'9ttw,�azttt Agreement No. 5196 PROPOSAL GUARANTEE BI.D BOND POLICE DEPARTMENT AND FIRE DEPARTMENT ROOF REPLACEMENT PROJECT PROJECT NO.: PW 15 -18 KNOW ALL MEN BY THESE PRESENTS that, y Inc. dba Letner Roofi Qm any Dann Letner, In 5 as I llR, and Western Surety Company _.._ as SURETY, are held and firmly bound unto the TEN PERCENT of 1 total City of El Segundo, in the penal sum of /amount t of he bid .._ DOLLARS ($10 %), which is ten (10 %) percent of the total amount bid by BIDDER to the City of El Segundo for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project, said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 8th day of Jules , 2016 . BIIt11EW l annv Letner, Inc. dba Letn SURETY* J: Chase, 1490 North Glassell St. r:ae; CA 9286 (7'14) 633 -0030 - -u; 1000 Wilshire Blvd., Ste 1800 _..... ., e C6 AF-ge es 'm 'A 9 "0017 (213) 452 -5961 act 545fsliia° 11vd:; Ste 2106 Los Angeles, CA 90036 Subscribed and shorn to this �� 20 NOTARY PUBLIC- *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. 1 -C -7 Agreement No. 5196 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On July 18, 2016 before me, Da:ravy Mady,,w.._N tea __ )ubl c, personally appeared Martha J. Chase 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 14s /her /dhe4 authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,. t tt �<< om WITNESS m hand and official seal. Y w Signature _ �laravy lady, Notary Public Western Surety COM08[Wnt No. 5196 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Martha J. Chase, Individually of Los Angeles, CA, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 10th day of November, 2015. ,w" WESTERN SURETY COMPANY 'aul T. Bruflat, Vice President State of South Dakota ss I County of Minnehaha On this 10th day of November, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires S. EICH _ Febru, X021 OUTH S. Eich, Notaty Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 18th _ day of JUIV � » .�. "k Ex WESTERN SURETY COMPANY p440wr a�r�,...•• d° L. Nelson, Assistant Secretary Form F4280 -7 -2012 Agreement No. 5196 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Agreement No. 5196 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: 689961 Class No.: C -39 2. The expiration date of BIDDER'S Contractor License is: ...�« .... June 30th 20 18 3. BIDDER acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her Contractor's license number appears clearly on the bid, the license expiration date is stated. and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. Executed on .. 20 v,u, at Orange, CA __. ...� (insert City and State where Declaration signed). Signature_ m. Dennisl.o.6_��...ro ..�... _.. _ .. Typed Name Title Danny Letner Inc. DBA/Letner Roofing Co. Company Name 1 -C -8 Agreement No. 5196 NON - COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (pursuant to Cal. Pub, Contract Code § 7106) The undersigned declares: I am the President making the foregoing bid.. Danny Letner Inc. DBA/Letner Roofing Co. of...w.� . ........... ................... ............ ........�......�.�...�mw�_..�., the part" 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 sharn 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 hue, 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, jointventure, 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. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 7/1m9/16 _.((late], at Orange [city], CA ,[state]." Dated this 19th day of._ J.ul.Y ,,2U_16. In .. c. ....D.B._, B ner Roofing Co. Dar�rry etrue�r ._Let.........�,e, Name President Title a, �gN1aR.tare r I -C-9 Agreement No. 5196 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his/her PROPOSAL, shall sign the following certification: " l 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. " Foa, Signature of Bidder; Title: President Business Name: Danny Letner Inc. DBA/Letner Roofing Co.. Business Address: 1490 N. Glassell St.,y Orange, CA 92867 Telephone ?Number: 7 0 Dated this 19th day of Jul _ITITn, 20 16 . I -C -10 Agreement No. 5196 DESIGNATION OF SUBCONTRACTOYLS POLICE DEPARTMENT AND FIRE DEPARTMENT ROOF REPLACEMENT PROJECT PROJECT NO.: PW 15-18 Company Name: Danny Letner Inc. DBA/Letner Roofing Co. BIDDER will perform the majority of the work and proposes to subcontract certain portions of the work which are in excess of one-half of one pei-cent (1/2 of 1%) of the bid and to procure materials and equipment from suppliers and vendors as follows-, Descril)flon of Subcontractor's Portion of Name of Contractor Work [,,stiniatcd Subcontractor Address License No. Subcontracted Arnount (Number and Street) 780316 Asbestos GAIVIA Contracting 1844 Tyler Ave. Removal $9,000 (City, Zip Code) South El Monte, CA 91733 . . . . ...... I-C-1 I Agreement No. 5196 rffg� f Name and current telephone number of person familiar with project Type of Work: Contract amount: Date completed. Amount of work done by my/our firm under contract Did your fj rin have any financial interest in Project? Name and current telephone number of person familiar with project Type of Work, Contract amount: Date completed: Amount of work done by my/our firm under contract I-C- 12 0 R, Agreement No. 5196 Did your firm have any financial interest in Project? Project Title Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Conti-act amount: Date completed: ITIT. Amount of work done by my/our firm tinder contract Did your firm have any financial interest in Project? 4. Project Title: Location: LI Name and address of owner Name and current telephone number of pet-son familiar with project: Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under contract Did your firm have any -financial interest in Project? I-C-I 3 Agreement No. 5196 5. Project Title: Location: Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm tinder contract Did your firm have any financial interest in Project? Bidder m attach adefitionfrl reference pages if necessaty. The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: Western Surety Company .. ......... . ........ Martha Chase- 5455 Wilshire Blvd., Suite 2106 Los Angeles, CA 90036 (323)988-4546 1 -C -14 Agreement No. 5196 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS POLICE DEPARTMENT AND FIRE DEPARTMENT ROOF REPLACEMENT PROJECT PROJECT NO.: PW 15 -18 Company Name: Danny Letner Inc. DBA/Letner Roofing. Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. l . Have you ever been disqualified from any government contract? Yes 0 No 0 2. If yes, explain the circumstances: 3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject your bid as nonresponsive]? Yes ® No NO Dennis Olson erne Please Print) I -C- 15 Agreement No. 5196 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] POLICE DEPARTMENT AND FIRE DEPARTMENT ROOF REPLACEMENT PROJECT PROJECT NO.: PW 15 -18 Company Name: _Dann m Letner Inc. DBA/Letner Roofitr Co. To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Ty .g of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO-CGI- Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to narrrethe City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Fornt No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City, Instu•er will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising fi•orn work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A :Vll." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of- state coverage will not be accepted in lieu of the California coverage, because the work is being performed in the State of California. By signing this forth, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will render the bidder's proposal `nonresponsive." 7/19/16 _.._ ...._ . .....�......._ a, x� , i Date �tdci+�t s Strtut9.tru�* I -C -16 July 18, 2016 Agreement No. 5196 WWY a/ of �?' ylw� ADDENDUM NO. 1 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for POLICE DEPARTMENT AND FIRE DEPARTMENT ROOF REPLACEMENT PROJECT NO. PW 15 -18 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: 1. The bid due date and time is still Tuesday, June 19, 2016, at 11:00 am. 2. See attached supplement pages. Print Company Name: Page 1 of 1 350 Main Street, El Segundo, CA 90245 -3895 (310) 524 -2300 Fax (310) 640 -0489 Agreement No. 5196 LETNER ROOFING COMPANY TEN LARGEST PROJECTS WITHIN THE LAST THREE YEARS CAMP PEN'DLETON REPLACEMENT HOSPITAL US MARINE CORPS. BASE CAMP PENDLETON, CA 92055 -5001 OWNER: NAVFAC SOUTHWEST COMPLETED: 11/30/14 CEDARS -SINAI MEDICAL CENTER 127 S. SAN VINCENTE BLVD LOS ANGELES, CA 90048 OWNER: CEDARS -SINAI MEDICAL CENTER A CA NON- PROFIT BENEFIT CORPORATION COMPLETED: 9/11/13 BOULEVARD 6200 - NORTH ROOFING & W .P. 6201 HOLLYWOOD BLVD. LOS ANGELES, CA 90028 OWNER: BLVD. 6200 OWNER NORTH, LLC. COMPLETED: 9/29/15 LINCOLN PLACE APARTMENTS 1077 ELKGROVE AVENUE VENICE, CA 90291 OWNER: AIMCO COMPLETED: 7/31/15 LINCOLN PLACE APARTMENTS ISHEET METAL 1077 ELKGROVE AVENUE VENICE, CA 90291 OWNER: AIMCO MC CARTHY BUILDING COMPANIES, 20401 S.W. BIRCH STREET NEWPORT BEACH, CA 92660 MIKE TOUHEY (949) 851 -8383 $4,837,891 HATHAWAY DINWIDDIE CONSTRUCTION 811 WILSHIRE BLVD., SUITE 1500 LOS ANGELES, CA 90017 STEPHEN SMITH (213) 236 -0500 $4,831,575 BENCHMARK CONTRACTORS INC. 3330 OCEAN PARK BLVD. SANTA MONICA, CA 90405 MARK MONTOYA (310) 399 -1600 rnnlontovaAMorlevBulIders.com $3,625,177 BERNARD BROS. , INC. 555 FIRST STREET SAN FERNANDO, CA 91340 SUMESH BEHL (818) 898 -1521 $2,474,756 BERNARD BROS. , INC. 555 FIRST STREET SAN FERNANDO, CA 91340 SUMESH BEHL (818) 898 -1521 COMPLETED: 11/9/15 $2,702,105 Agreement No. 5196 LETNER ROOFING COMPANY TEN LARGEST PROJECTS WITHIN THE LAST THREE YEARS RD X10 SPVPV #1048- REDLANDS 1651 CALIFORNIA STREET REDLANDS, CA 92374 OWNER: PROLOGIS LOGISTICS SERVICES, INC. COMPLETED: 1/21/14 THE BROAD MUSEUM 221 S. GRAND AVENUE LOS ANGELES, CA 90012 OWNER: THE BROAD COLLECTION COMPLETED: 6/30/15 TORRANCE MEMORIAL MEDICAL CENTER 3330 LOMITA BLVD. TORRANCE, CA 90505 OWNER: TORRANCE MEMORIAL MEDICAL CENTER COMPLETED: 12/2/14 SAN DIEGO STATE AZTEC CENTER. STUDENT UNION 6075 AZTEC CIRCLE DRIVE SAN DIEGO, CA 92115 OWNER: THE TRUSTEES OF THE CA STATE UNIVERSITY OLTMAN °S CONSTRUCTIONI COMPANY 10005 MISSION HILL RD. WHITTIER, CA 90608 -0985 JAMES VIU (562) 948 -4242 $ 2,001,404 MATT CONSTRUCTION CORPORATION 9814 NORWALK BLVD., SUITE 100 SANTA FE SPRINGS, CA 90670 MAYTAL BRADY (562) 903 -2277 $1,974,115 MCCAR'THY BUILDING COMPANIES 20401 S.W. BIRCH STREET NEWPORT BEACH, CA 92660 MIKE TOUHEY (949) 851 -8383 $1,973,296 SUNDT CONS'TRUCT'ION INC. 1660 HOTEL CIRCLE NORTH, SUITE 400 SAN DIEGO, CA 92108 JAIME FRYE (619) 321 -4800 COMPLETED: 10/31/14 $1,955,913 Agreement No. 5196 Executed in Two (2) Originals FAITHFUL PERFORMANCE BOND POLICE DEPARTMENT AND FIRE DEPARTMENT ROOF REPLACEMENT PROJECT PROJECT NO.: PW 15 -18 Bond No. 58738864 Bond Fee: $3,114.00 Danny Letner, Inc. dba Letner Roofin -- Company, as Principalmm ( "PRINCIPAL ") and Western Surety Company a corporation incorporated under the laws of the State of South Dakota and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the sum of Two Hundred Eighty - Eight Thousand, Three Hundred DOLLARS, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 15 -18, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 15 -18, a copy of which is on file with CITY's Engineering Division ( "Public Project "). Such perfonnance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 15 -18) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. CITY has estimated the required amount of the bond as shown above. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. I -E -1 Agreement No. 5196 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code (`SSMC "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 15 -18 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I -E -2 SIGNED AND SEALED this 21st day of / September , Danny Letner, I ncet-futner-Roofiag, Company 'Western Sur y' G Olson, President PRINCIPAL's PRESIDENT SUI��?" 'Y's"likE Mar i a J. Chase INCIPAL's SECRETARY PRINCIPAL's MAILING ADDRESS: 1490 North Glassell Street Agreement No. 5196 2016 SURETY'S SECRETARY SURETY'S MAILING ADDRESS: 1000 Wilshire Boulevard, Suite 1800 Orange, CA 92867 Los Angeles, CA 90017 . ..... . ....... . .......... NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office, (2) Bond shall be effective for one (1) year after acceptance of the job. I-E-3 Agreement No. 5196 cwnhwwi�e Code of 1, 1 i"ff 7`7 7 7" Ma hwaA quo qnmvew or sulmnaw said coufayon BY" IwQnn� " Depuiq utgjr�ty Cjqd� Agreement No. 5196 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On September 21, 2016 before me, Darayy Mao jy, Notary Public. personally appeared Martha J. Chase who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /tee subscribed to the within instrument and acknowledged to me that he /she /they executed the same in leis /her /dwif authorized capacity(ies), and that by leis /her /weir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. DARAVY IMADY 7MW ##2013320 z 18,20 1.7 ... I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature !lady, Notary Public Agreement No. 5196 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public r other officer completing y o p fi this certificate verifies only the identity of the individual who signed the State of California document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. County of ---- _Orange On September 27, 2016 before me, R. Zazueta, Notary Public (Here insert name and thine of the officer) personally appeared .._... Dennis Olson and Stuart Hem..... _ ....... ........._................................. ...., who proved to nie on the basis of satisl'actofy evidence to be the persoro whose name @s at subscribed to the within instrument and acknowledged to ine that e" le e cctited the same in 14s /4ot `ieir authoriz d capaci( es), and that by �� � llci �signattrcoon the instrument the person Qs or the entity upon behalf of which the persoG, acted, CXectited the instrtlnient. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Performance Bond (Title or descri ption of attached document) (Title or description of attached document continued) Number of Pages 3 Document Date --------------------------------------- (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ WITNESS my hand and ocii° �� ril l)ir.. ❑ u., °� P� a��9trtai a�lc�ra it vs64tiaw i ----------------- (Title) ______-___ —. ❑ °" (Notary Seal) My nrk a! pt 1'.' 0 F/ sigri�ptura tut, C tl Y ptgi? �" +� arz�, ,rmrrr��,�: 4�wirisaurh r,mw t m firmertr, Trustee(s) 0 Other ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Performance Bond (Title or descri ption of attached document) (Title or description of attached document continued) Number of Pages 3 Document Date --------------------------------------- (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer ----------------- (Title) ______-___ —. ❑ Partner(s) r....➢ Attorney -in -Fact D Trustee(s) 0 Other 2008 Version CAPA 02.10.07 800 - 873 -9865 % w '. ul r CluusMCf,ererin INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do smnething that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed, • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public),. • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e ke/she /theme is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible, Impression must not cover text or lines, If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk, Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date, Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document Agreement No. 5196 Executed in Tow (2) Originals LABOR AND MATERIALS BOND POLICE DEPARTMENT AND FIRE DEPARTMENT ROOF REPLACEMENT PROJECT PROJECT NO.: PW 15 -18 Bond No. 58738864 Bond Fee: Included in Performance Bond Letner, Inc. dba Letner Roofing Company as principal ( "PRINCIPAL ") and Western Surety Company corporation incorporated under the laws of the State of South Dakota and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the sum of Two hundred Eighty -Eight Thousand, Three Hundred DOLLARS, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in POLICE DEPARTMENT AND FIRE DEPARTMENT ROOF REPLACEMENT PROJECT, SPECIFICATIONS NO. PW 15 -18 ( "Public Project "), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 15 -18, and the public works contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 15 -18), which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. I -F -1 Agreement No. 5196 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 15 -18, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I -F -2 PRINCIPAL's MAILING ADDRESS: 1490 North Glassell Street Orange, CA 92867 Agreement No. 5196 2016 EFAFA SURETY's MAILING ADDRESS: 1000 Wilshire Boulevard, Suite 1800 Los Angele s, CA 90 0 17 ........- Angeles, NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job, I -F -3 Agreement No. 5196 8 p (,x, a 's C ct d e aj f C', � v te Of SU:S�P�A�J�AJ, havEz hi li"Ot M" Ou ZIL CU IN"I"y CIJLJ�ZUK BY" Agreement No. 5196 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On September 21 2016 before me, Daravy Mady,. Notary Public, personally appeared Martha J. Chase 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 hi-s /her /tt& authorized capacity(ies), and that by hi-s/her/theff signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Z DARAVY MADY COMM. 01,1320 Notary WITNESS my hand and official seal. Public Loo Ariigelies Coj nty COMM Signature Daravy ady, Notary Public Agreement No. 5196 CALIFORNIA ALL-PURPOSE CERTIFICATE OF A_ CKN LE G ENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the State of California document, to which this certificate is attached, and not the truthfulness, _........_ accurac y, or validit y of that . document. Count y of Oran e .....d� ... On September 27, 2016 before me R. Zazueta, Notary Public (Here insert name and title of the officer) personally appeared Dennis Olson and Stuart Hein who proved to me oil the bags of satisNctory evidence to be the pessol whose name@ o subscribed to the within instrument and acknowledged to me that he4heA he executed the same in hisJh R weir authorized. capacity (ie, ), acid that by "+ hai signatLir LO on the instrument the person s�}1 or the entity upon behalf of Which the persoie acted, executcd the Instrun'ient,. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Payment Bond I - -- -- ..._..._..._,., en.. ... ... ...... .. (Title or description of attached document) (Title or description of attached document Number of Pages 3 Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ WITNESS my hand and olli Ial t���a��� R. ZAZ U ETA Corporate Officer COMM. # 2041125 ...... _ ........................... ..... n, n .,.,.,.,..,..,.,.,.,........... (Title) NOTARY PUBLIC - CALIFORNIA f Partner(s) Siritat ato a ht]tt �ihlq (Notary Seal ) My Comm. Expires pt. 2 Trustee(s) r tm a m r Other ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Payment Bond I - -- -- ..._..._..._,., en.. ... ... ...... .. (Title or description of attached document) (Title or description of attached document Number of Pages 3 Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer ...... _ ........................... ..... n, n .,.,.,.,..,..,.,.,.,........... (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800 - 873 -9865w w ^xu ?tthp tirvt lase ctttrr, INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefrdly for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signeKs) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i e. 4/she /they- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording, • The notary seal impression must be clear and photographically reproducible, Impression must not cover text or lines, If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form, • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document, Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i,e. CEO, CFO, Secretary), • Securely attach this document to the signed document Western Surety CoMogrnl No. 5196 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Martha J. Chase, Individually of Los Angeles, CA, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 10th day of November, 2015. WESTERN SURETY COMPANY '(147 t Z' tkl ro awoi °� ZPaul T. Bruflat, Vice President State of South Dakota ss (','aunty of Minnehaha On this 10th day of November, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires"` """""'"" 1 S. EICH "crrArly pt�ti�t Februar 12, 2021 m 1 $ _ __�.— � � St1T'R Q441�t�t"1'At � t - Y ........ S. Eich, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seat of the said corporation this .21St day of 'tITl60 k" _d, 2016 ., WESTERN SURETY COMPANY Varr kkpl �rr i� w L. Nelson, Assistant Secretary Form F4280 -7 -2012 Agreement No. 5196 Authorizing By-Law Iq �", 0 MiNI.Mix VII 1. tit tio, 7-0 bv authoritv of the following Bv-Law duly adopted by the shareholders of the Company.