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CONTRACT 5273 Public Works Contract CLOSED Agreement No. 5273 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND AYUS & CO. INC. FIRE STATION #1 MEN'S BATHROOM IMPROVEMENT PROJECT PROJECT NO.: PW 17-08 This CONTRACT is entered into this 8"' day of February, 2017, by and between the CITY OF EL SEGUNDO,a general law city and municipal corporation("the City")and Ayus& Co. Inc., 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 Fifty-two thousand,Five hundred fifty dollars($52,550.00)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. Agreement No. 5273 3. TIME FOR PERFORMANCE, A. The Contractor will fully complete the Work within twenty-five (25) 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 Agreement No. 5273 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 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 City The Contractor Ken Berkman Baba Osiname Interim Public Works Director President City of El Segundo Ayus&Co. Inc. 350 Main Street 1511 N. Kenmore Avenue El Segundo, CA 90245 Los Angeles, CA 90027 (310) 524-2356 (323)474-4040 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 Agreement No. 5273 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. 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. Agreement No. 5273 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. CITY -J, S :1 UNDO E U Greg Car � iter Baba Osiname, President .1 r r City CITY Ayus & Co. Inc. ATTEST: Taxpayer ID No. TrE y lkeoer' C* Clerk �ey Contractor State License No.1 0 11'111� Contractor City Business License No.: APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney By: D'hid—H.�King, Assistant City Attorney Insurance Reviewed by: 3 Agreement No. 5273 FAITHFUL PERFORMANCE BOND FIRE STATION#1 MEN'S BATHROOM IMPROVEMENT PROJECT PROJECT NO.: PW 17-08 Bond NO. 381162P THE FINAL PREMIUM 15 PREDICATED ON THE Bond Fee:$1,314.00 FINAL CONTRACT PRICE AyUS & Co_ Inc. ("PRINCIPAL") and Indemnity Company of California a corporation incorporated under the laws of the State Of' California 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 Fifty-two thousand, Five hundred fifty 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 17-08,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 17-08, a copy 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 17-08) 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. 3. PRINCIPAL will guarantee its work against any defective work, labor, or I-E-1 Agreement No. 5273 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 ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 17-08 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 Agreement No. 5273 SIGNED AND SEALED this 15th day of February ' 20 17 Ayus & Op-, 1�1q, Indemnity Company of California " PRINCIPAL'S � PRESIDENT Id","IN s,R ES Ar� Ay,��A, Ara :w jwy ti-Fact ............ PRINCIPAL'S SECRETARY SURETY's SECRETARY PRINCIPAL'S MAILING ADDRESS: SURETY's MAILING ADDRESS: Ayus & Co., Inc, Indemnity Company of California ....................... J.511 N. Kenmore Ave, ",00 S. Ktaem*-,�r Blvd., Suite 300 Los Angeles, CA 90027 -P r tl........CA 92821 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. 5273 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 Orange On February 15th, 2017 before me, Rudy Udeta Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Arturo Ayala Name(s)of Signer(s) ........................... 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,capecity(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) RUDY URIETA acted, executed the instrument. COMM.#2159828 n i Notary Public-California a iL I certify under PENALTY OF PERJURY under the laws of My"c ORANGE s°uIN4 2�2�?q the State of California that the foregoing paragraph is true and correct. eal, Witness my any.a �e�i. ,. � Place Notary Seal Above Signature Signature of Notra y Public Rudy U''rietam M OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: February 15th, 2017 Number of Pages; Three(3) Signer(s) Other Than Named Above: ..,_a Capacity(ies)Claimed by Signer(s) Signer's Name: Arturo Avala Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s)': ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General [� Attorney in Fact ❑ Attorney in Fact ❑ Trustee ® ❑ Trustee o ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: i Agreement No. 5273 POWER OF ATTORNEY FOR Bond No. 381162P DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Andrew Waterbury, Shaunna Rozelle Ostrom, Michael Castaneda, Dwight Reilly, Daniel Huckabay,Arturo Ayala,jointly or severally*** as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power ofAttorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached, IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 18th day of April,2016. By: c.. ... � ��jC...................... q AND/. ., fiaOPAN't Daniel Young,Senior Vice-President OCT Z 10 OCT,5 By: 1936 10 1967 Mark Lansdon,Vice President /OWN "' � 7 R trr caf ,' k U 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,arcuracy,or validity of that document. 1 State of California County of Orange On April'18,2016 ucille Raymond,Notao Public .., before me, Lucille .... Date Nere Insert Name and Title of the Officer personally appeared Daniel°Young and Mlar'k Lansdon Name(s)of Signer(s) 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 LUCILLE RAYMOND which the person(s)acted,executed the instrument. Commission#r 2081945 'p► Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Z Orange County true and correct. My Comm.Ex�lres Oct 1 2018 .- Place µ 14,1", w V �',w% . WITNESS my hand and official seal. Notary Seal Above Signature Luicil I y 7ord Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City 1 Aft T y of Irvine,California,this 15th day of February 2017 �,' ,� D�,p�',, <>' ) 0�a OCT By_ Casrr. ,, r' • rl N. fs�ss n ja Azr ID-1380(Rev.04/16) .,°, Agreement No. 5273 HUGH NGUYEN PROPERTY RECORDS d'li6;dih^,63'' HUGH 1 l� BIRTH AND DEATH RECORDS CLERK-RECORDER MARRIAGE LICENSES/RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES CERTIFICATE OF ADMITTED SURETY INSURER Certificate pursuant to 995.640(a)Code of Civil Procedure State of California County of Orange I, Hugh Nguyen, County Clerk-Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT I'ndemni C �onipanv of :elilopaia has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 15th day of February, 2017. Hugh Nguyen, Orange County Clerk-Recorder (Purple Seal) YK:cr0 aldovinos Estrada, Deputy Clerk-Recorder cz cP 'UNII NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLERTON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834-2500 • FAX (714) 834-2675 • WWW.00RECORDER.COM • WWW.00ARCHIVES.COM Agreement No. 5273 LABOR AND MATERIALS BOND FIRE STAT{0N#1 MEN'S BATHROOM IMPROVEMENT PROJECT PROJECT NO.: PVVl7-08 |�oud��o znzzsor ,xsnm^�pn"mmmu ' PREDICATED omTHE Bond Fee: See Performance aoou FINAL CONTRACT PRICE oaoo a co.' Inc. .ou principal ("PRINCIPAL") and Indemnity Company of California ,uoorpoodiou incorporated under the laws ofthe Sto1eof California and licensed b»the State of California to execute bonds and undertakings as sole surety,as surety("SURETY"),are held and Dnn\y bound unto the CITY OF E[ SlI(3lJND(} ("CITY") in the sum of Fifty-two thousand,Five hundred fifty DOLLARS, lawful money o[the United States,which may be iumccuuod or decreased by o rider hereto executed in the nomo manner as this bond, for the ya}onont of which mom PRINCIPAL and SURETY bind dhezouohvoo" their successors, and assigns,jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by Pl0NClPAd. to contractors, subcontractors,and persons renting equipment;puyrnen1hypQDNClPAJ~audo{l PRINCIPAL'S subcontractors for all materials,provisions,provender,or other supplies,and equipment ouediu, upon, for oc about the performance of the work contemplated in FIRE STATION#1 MEN'S BATHROOM IMPROVEMENT PROJECT,SPECIFICATIONS NO.PW 17-08("Public Project"),the public works contract executed for such Public Pr 'oct,aud1bcullwocboclubocof any kind performed for the Public Project. lutbeoameofaoydufaubindhoyoc1boouorcofdbc conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion tbercof, to the satisfaction of any damages, reclamation, assessments,penalties, or deficiencies arising b«reason of such default. BOND CONDITIONS l. PRDNC[PAl. will couxboc1 the public inqprovocncn10 idoud{icd in SPECIFICATIONS NO' PW 17-08, and the public vvnrku uoubm± executed for such Specifications, copies nf which iuou file with C}TY"u Engineering Division(^^PublioProject"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING D70[]8 NO. PW 17-08), vvbiob are made apmt of this bond when said plans and profiles are approved 6v the City Council and filed with CT7Y^u Engineering Division. 2. PRINCIPAL will pay all contractors, mohuoutruutoro" and persons renting equipment. 1`F'l Agreement No. 5273 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 (`SSMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 17-08, 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 Agreement No. 5273 SIGNED AND SEALED this 15th day of February Ayus & Co., Inc. Indemnity,k,150ipavt 1Z Arturo Ayala, PRINCIPAL's PRESIDENT 11r, URFTY's PKKK"*4 Attorney-in-Fact PRINtIPAL's SECRETARY SURETY's SECRETARY PRINCIPAL'S MAILING ADDRESS: SURETY's MAILING ADDRF-SS: Ayus & Co., Inc. Indemnity Company of California lSll N. nm re K Ave, D m O S, 'Kra 811,rd., suite 300 -Kenmore ........... 5. Los Anqeles, CA 90027 Brea, CA 92821 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 -- -'- - - -- 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. U | STATE OF CALIFORNIA County of Orange On February 15th. 2017 before me, Rudy . Notary Public, | � Date Insert Name m Notary exactly aou appears on the official seal | | ' � personally appeared AdunoAya|a ' - wamem)mu/ono�a --� -' | who proved tomeonthe basis of satisfactory evidence to be the ( h � witHn instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), person(s),. the instrument.' ' � which the person(s)`` ".~ ~.^.~ ' comm.#2159828 "m«pumic-oaxmmia 1:� | certify under PENALTY (]F PERJURY under the laws of ORANGE COUNTY U. the State of California that the foregoing paragraph is true � 1 and correct. vxnneao my n no Signature Place Notary Seal Above Signature mwmary *mic RudVr Urieta OPTIONAL -....... _- Though the/n/bnnabun below iy no required by law, it may nove valuable relying on the document and could prevent fraudulent removal and reattachment ofthe | hnn�bnan�he�d��unnenL | Description ofAttached Document Title or Type of Document: Labor and K4ntoria|n Bond Document Date: Fabruam 15th, 2017 Number nfPages: Three (3) Signer(o) Other Than Named Above: __..................... _ Capmcity(iem)C|oimed bySiQner(m) Signer's Name: ArtunoAvo|a Signer's Name: [] Individual E] Individual [] Corporate Officer--Td|e(a): [] Corporate Officer ---Tlt|e(o)� ............... O Partner O Limited OGeneral O Partner O Limited OGeneral 9 Attorney in Fact [] Attorney in Fact [] Trustee [] Trustee � [] Guardian orConservator [] Guardian orConoon/atnr Top�thumb h*m � '"p"'"'""'"''"'" � [] [�hor� [-1 Other: Signer inRepresenting: Signer is Representing: Agreement No. 5273 POWER OF ATTORNEY FOR Bond No. 381162P DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: *`"Andrew Waterbury, Shaunna Rozelle Ostrom, Michael Castaneda, Dwight Reilly, Daniel Huckabay,Arturo Ayala,jointly or severally' as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 18th day of April,2016, Y Darnel Young, ,'' oo� � . �nCC;'Y.5v v. Senior Preside t rasa By. Mark Lansdon,Vice-President "" ""` a .•.,,''t 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 Orange On April 18,_2016 before me, Lucille Raymond,Notary Public Date Here Insert Name and riu.or tie CtFficer personally appeared Daniel Young and Mark Lansdon Name(s)of Signer(s) 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 LUCILLE RAYMOND which the person(s)acted,executed the instrument. Commission#t 2081945 Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Orange County — true and correct. , ±Comm.Ex tires Oct 18,2018 w WITNESS my hand and official seal Place Notary Seal Above Signature V 4poill �y pF' iond,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City f Irvine,California,this 15th day of February ...,, µ4, ��1fyANY Y Y 2017 J � 0 l� 4 e J rrNs 5i t in � X01, f A �BY C I ai 967 Cassde r �° ID-1380(Rev.04/16) � . � Agreement No. 5273 No. 5486 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That,pursuant to the Insurance Code of the State of California, Indemnity Company of California of Irvine, California, organized under the laws of California,subject to its Articles of Incorporation or other fundamental organizational docuinents, is hereby authorized to transact within this State, subject to all lirovisions of this Certificate, the following classes of insurance. Surety as such classes are now or may hereafter be defined in the Insurance Laws of the State of Califonda. THIS CERTIFICATE.is expressly conditioned upon the!older hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements inade under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or pray hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 10th day of.Tune, 1991, I have hereunto set my hand and caused my official seal to be affixed this 101h day of June, 1991, Fee $77.00 John Garamendi lawauce CarumLrsiauer Rec.No. 486211 Filed 10/20/89 BY Victoria S. Sidbury DaFuiy Cer7rftcation I;tire,,under.signedInsurance C°onnuis,sioner of the State of Ca10r;lrnia,do hereby certify t/rat 1 have co upared ilia abom copy of C:ertlft'caN of�4 whorify whin tha thipti vatre of original now on file ill my off'ce, arndthal the.s(une isa fill„lrue,,anrdcarrect ireinscript thereof,and of tliewho/c of said duplicate, and said (Cert fioeste of Authority is now in full force and effecl, IN WITNESS WHEREOF, f have hereunto set my hand and caused my official s'e71 to be affixed this 15th day of September, 2000. J. Clark Kelso �tering InsuraireaConunrsanwcr Pauline D'Andrea Dcpury Agreement No. 5273 HUGHNGUYEN PROPERTY RECORDS HUGH 1 1� BIRTH AND DEATH RECORDS MM CLERK-RECORDER MARRIAGE LICENSES/RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES + NOTARY REGISTRATION ORANGE COUNTY ARCHIVES CERTIFICATE OF ADMITTED SURETY INSURER Certificate pursuant to 995.640(a)Code of Civil Procedure State of California County of Orange 1, Hugh Nguyen, County Clerk-Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT Indeinnity Conwanv of California has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 15th day of February, 2017. Hugh Nguyen, Orange County Clerk-Recorder (Purple Seal) Yar, Aldo vi( �........ic.................. s Estrada, Deputy Clerk-Recorder RK � UN11 NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLERTON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834.2500 ♦ FAX (714) 834-2675 ♦ WWW.00RECORDER.COM ♦ WWW.00ARCHIVES.COM Agreement No. 5273 PROPOSAL FOR THE FIRE STATION #1 MEN'S BATHROOM IMPROVEMENTS PROJECT PROJECT NO.: PW 17-08 Date 1-19 20 17 Company Name: Ayus & Co, Inc TO THE CITY OF EL SEGUNDO: 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 Awardee,the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option,be considered null and void. I-C-1 Agreement No. 5273 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. ," u d , 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. 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,firm,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. 5273 BID SCHEDULE FIRE STATION#1 MEN'S BATHROOM IMPROVEMENTS PROJECT PROJECT NO.: PW 17-08 Company Name: AyuS & Co, Inc Base Bid Items Unit Price Item Total Item Description Estimated (in figures) (in figures) No. Unit Quantity Dollars/Cents Dollars/Cents mmm . ........................ Remove and dispose of all existing tile (floor/walls/showers), sinks, fixtures, and unnecessary plumbing components. Lump $5000 $5000 j 1 Remove and dispose of Sum 1 existing light fixtures. Remove and dispose of lockers. All demolition required to complete the roject. Refloat existing floor to grade $3000 $3000 2 to drain. Install new concrete Sump 1 floor finish. � Repair any miscellaneous pipe, Lump $1000 $1000 3 elbows, couplings, and 1 p Sum lumbing components. Relocate soap dispensers, 4 paper towel dispenser and Sump 1 $500 $500 stall/urinal partitions. _._............... Remove and replace $5 $150 5 waterproofing/moisture barrier SF 300 0 layers as necessary ...........ww........................ .................................. .. ....,, ........................................__........_. 6 Install wall tile (12"x24"tile) SF 430 $20 $8600 ­1111.1.1............. 7 Install shower floor tile(2"x2" SF 35 $70 $2450 tile) Install five new sinks including faucets, Quartz countertop, Lump $9000 $9000 8 structural components, and Sum 1 plumbing components as necessary .....__ .... ...................... Install new balancing shower 9 valves and low-flow shower EA 3 $1000 $3000 heads 10 Install new trap primers in the Lump 1 $1000 $1000 floor drains Sum I-C-3a Agreement No. 5273 .. .._..................... $2500 ........................ .............................._. 11 Custom design,build, and Lump 1 2500 install lockers. Sum 12 Prep and paint surfaces(wall Lump 1 $1500 $1500 & ceiling) Sum Install recessed lighting and all necessary electrical Lump $2000 $2000 13 components for the entire Sum 1 bathroom, including GFCI electrical outlet. ............Remove partitions existing and install new......... ....Sum 1 $3500 ...................................................$3 0 ......m 14 s emove existin bathroom 5 0 bathroom stall partitions ...... ,­11111 w w Remove existing shower stall 15 door and install new shower EA 3 $1000 $3000 stall doors Miscellaneous improvements Lu 16 as determined by the Engineer Sum 1 $5000.00 $5000.00 as necessary TOTAL BASE BID FOR ITEMS 1-16 IN FIGURES 52,550 TOTAL BASE BID FORITEMS 1-16 WRITTEN IN WORDS: Fifty-two thousand Five hundred fifty dollars I-C-3a Agreement No. 5273 BID SCHEDULE FIRE STATION#1 MEN'S BATHROOM IMPROVEMENTS PROJECT PROJECT NO.: PW 17-08 Ayus & Co, Inc Company Name: Alternative Bid Items ........................................... ............-.......... Unit Price Item Total Item Description Estimated (in figures) (in figures) No. Unit Quantity Dollars/Cents Dollars/Cents ....................... Remove and replace tile, countertops, sink, cabinetry/locker, lighting, associated plumbing and Lump 1 $5000 $5000 miscellaneous improvements Sum associated with the Women's Bathroom(per plans and specs). I-C-3b Agreement No. 5273 BIDDER'S INFORMATION Company Name: Ayus & Co, Inc BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) If corporation, State of Incorporation (i.e., California) California Business Ayus & Co, Inc Address 1511 N. Kenmore Ave, Los Angeles, Ca 90027 __............ ............................ Telephone No. 323.474.4 Facsimile No. 323.879.4848 State Contractor's License No. and Class 1011804 g 3-5-16 Expiration Date 3-31-18 Original Date Issued„ _ The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners,joint venturers, and/or corporate officers having principal interest in this proposal: Baba Osiname, President, 1511 N. Kenmore Ave, Los Angeles, Ca 90027 323.474.4040 _................................ _._............. ............................................. The date of any voluntary or involuntary bankruptcy judgments 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 ................ I-C-4 Agreement No. 5273 BIDDER'S INFORMATION(CONTINUED) Company Name: Ayus & Co, Inc Bidder shall list the name of the person who attended the mandatory pre-bid job walk: Name: Baba Osiname Title: President I-C-5 Agreement No. 5273 IN WITNESS WHEREOF,BIDDER executes and submits this proposal with the names,titles, hands, and seals of all a forenamed principals this 1 day of 19 2017 . BIDDER ................ A rilcury r-�i this certificate verifies only the Identity of the Wj&muM who signed the document to which this certificate is attadxWl,and not the tneftinew,accuracy.or validity of OW docuinwd. Subscribed and sworn to this ...................... -_day 20 NQTAIIY PUBLIC POGOSYAN ;OSY go 6 e"� MARINE TER-PO( Commission 0 2080590 ItOtgrY Public•California zz Los Angeles county Me 00men, Ell Olfe$Oct 1,2018 I-C-6 Agreement No. 5273 Bond No. CSBA-3967 PROPOSAL GUARANTEE BID BOND FIRE STATION#1 MEN'S BATHROOM IMPROVEMENTS PROJECT PROJECT NO.: PW 17-08 KNOW ALL MEN BY THESE PRESENTS that, Ayus & Co., Inc, , as BIDDER,and Indemnity Company of California ,as SURETY,are held and firmly bound unto the City of El Segundo, in the penal sum of Ten Percent of Amount Bid DOLLARS ($ 10% of Amount Bid ),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, if 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 17th day of January 20 17 BIDDER* Ayus & Co., Inc., 1511 N. Kenmore Ave., Los Angeles, CA 90027. / (323)474-4040 SURETY* frWegviity Company of California, Soo S. Kraemer Blvd., Suite 300, Brea, CA 92821. / (714)784-5660 Shaunna Rozelle Ostrom, Attorney-in-Fact, 1411 N. Batavia St., Suite 201, Orange, CA 92867. / (714)516-1232 Subscribed and sworn to this day of . 20 NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, tilkle, address and telephone number for authorized representative. I-C-7 | ��UU����U�ALL-PURPOSE �� ��U���� ' � CALIFORNIA .ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the Udocument hn which this certificate ioattaohed. andnotthetruthfu|neao. ancunaq\ orma|idityofthatdouument� U U n STATE OFCALIFORNIA County of Riverside � On January 17th. 2017 before me. Rud Uhata _ . Ncdory Pub|io. Date Insert Name m Notary exactly aon appears on the official seal personally appeared ShaunnoRoze||eOstrom wame(o)ofo/one,(s) who proved tomeon the basis of satisfactory evidence to U be the penaon(s) vvhooe name(s) is/are subscribed tuthe U within instrument and acknowledged tomothathe/ohe8he executed the same inhia/hec/their authorized oapaoity(ieo). � and that by hia/hen/theiroignmture(s) on the instrument the � paroon(o). or the entity upon behalf nf which the peraon(o) acted, executed the instrument. � COMM. | certify under PENALTY OF PERJURY under the |avva of ORANGE COUNTY� Notary P the State of California that the foregoing paragraph in true and correct. - -- - - ' -- - - Witness my hand and,officiet | / ' Signature �~ Place Notary Seal Above Signature m Notary Public RudyUmmtm -- ---- - '- -' ' ' - ' OPTIONAL - -- -- ' - — --�� Though the information below is not required by law, it may prove valuable to persons relying un the document and could prevent fraudulent removal and reattachment ufthe form bo another document. Description of Attached Document � | � Title or Type ofDocument: Bid Bond Document Date: Januarv17th. 2O17 Number ofPages: One (1) | Gigner(n) Other Than Named Above: Capacity(|ea) C|o|rnmd by Signer(o) ' Signer's Name: 8haunna Rozo||oOotrom Signer's Name: ' [] Individual [-1 Individual | [] Corporate Officer--Tb|e(o): [] Corporate Officer --'Tlde(o): _ ..... ' [] Partner El Limited El General [] Partner []Limited[] Gonono| / G� Attorney in Fact [] Attorney in Fact [] Trustee [] Trustee [] Guardian orConservator ITopof Mthumbhere 0 Guardian orConservator Top of thumb here [] Other: [-1 Other: Signer inRepresenting: Signer ioRepresenting: � Agreement No. 5273 Sand No. CSBA-3967 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Andrew Waterbury, Shaunna Rozelle Ostrom, Michael Castaneda, Dwight Reilly, Daniel Huckabay,Arturo Ayala,jointly or severally*** as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed, This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 18th day of April,2016. By. Gt Ile� � .ANDfyp ,„ tt1> SPY C ! A. D Senior Vice-President..... _ ,..._ '°p OCT - °`o�aC T 'n ” Young. 10 2 936 to 1967 to N Maria Lansdon,Vice-President 4 * 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 v'alidit'y of that document. State of California County of Orange ....N.4. .D'.P.Public On.......... April'ti8,2016 before me, .Up.....e aytngntl, tp ........... ... ----- Dale we Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon Name(s)of Signer(s) 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 LUCILLE RAYMOND which the person(s)acted,executed the instrument Commission#t 2081945 Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Z `' Orange County true and correct. M�Comm.Expires Oct 13' 2018' ' WITNESS my hand and official seal. Place Notary Seal Above Signature t.uuiii f, y Conti•Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of thv,respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City f Irvine,California,this 17th day of January „ yo All y y ry ,. r„. a. OCT.5,m 2017 Byssa J. rpsYeard,Assista��t e �_ w ,ry 6 rs 1"6' oC C7^7' ,,, �F i ID-1380(Rev.04/16) ,,,, Agreement No. 5273 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: 1011804 Class No.: B, C36 & C8 2. The expiration date of BIDDER'S Contractor License is 3-31 ro 2018 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 1-19 2017, at Los Angeles, CA (insert City and State where Declaration signed). Signature Baba Osiname Typed Name President Title Ayus & Co, Inc Company Name I-C-8 Agreement No. 5273 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of Baba Osiname being first duly sworn, deposes and say that he or she is President of Ayus & Co, Inc the party making the foregoing bid that the bid is not made in the interest of,or on behalf of,any undisclosed person,partnership,company,association,organization,or corporation;that the bid is genuine and not collusive or sham;that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded,conspired,connived,or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the bid are true; and further, that 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, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. .m. Ayus & Co, Inc Signature Name of Bidder/Company Name Baba Osiname 1-19-17 Typed Name Date President .............__� Title I-C-9 Agreement No. 5273 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: "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." Signature of Bidder: Title: President Business Name: Ayus & Co, Inc Business Address: ......1...511 N. Kenmore Ave .......................... _ Los Angeles, Ca 90027 Telephone Number: ( 323 ) 474.4040„ . Dated this 1 day of 19 20 17 I-C-10 Agreement No. 5273 DESIGNATION OF SUBCONTRACTORS FIRE STATION#1 MEN'S BATHROOM IMPROVEMENTS PROJECT PROJECT NO.: PW 17-08 Ayus & Co, Inc Company Name:�. �.............. ........ 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 percent(1/2 of 1%) of the bid and to procure materials and equipment from suppliers and vendors as follows: Description of Subcontractor's Portion of Name of Contractor Work Estimated Subcontractor Address License No. Subcontracted $Amount .........................-- CaseWorx, Inc umber and Street) Research Dr 663046 � Lockers $2500 1 30 mm _ .._ (City,Zip Code) Redlands, Ca 92374 ..........�_ w _ ............... _. _........................ IN ......................... �................_ I-C-11 Agreement No. 5273 REFERENCES Company Name: Ayus & Co, Inc The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime Contractor or major Subcontractor within the past five (5) years: 1. Project Title: Lactation Room Location: Los Angeles & Pomona, Ca Southern California Rail Authority Name and address of owner Paul Anninos 213-452 0262 Name and current telephone number of person familiar with project Renovation Type of Work: Contract amount: $ 22,500_ Date completed; Aug 2016 $22,500 Amount of work done by my/our firm under Contract$ Did your firm have any financial interest in Project? �. s 2. Project Title: Vanowen bridge Location: Vanowen & Balboa, Van Nuys, Ca City of LA Name and address of owner Matt 818-468-6406 Name and current telephone number of person familiar with project Type of Work: Concrete Contract amount: $ $50,000 -16 Date completed: , Amount of work done by my/our firm under Contract$ 50,000 Did your firm have any financial interest in Project? Yes I-C-12 Agreement No. 5273 3. Project Title: Restroom Renovation Location: Vettumo Ct, Rancho Cucamonga City of San Bernardino Name and address of owner M. Davis 909.237.4600 Name and current telephone number of person familiar with project Type of Work: Restroom renovation Contract amount: $ 174,000 016............... .. Date completed: Amount of work done by my/our firm under Contract$„ 174,000 ................... Yes Did your firm have any financial interest in Project? Remodel 4. Project Title: 312 W. 5th St, Los Angeles, Ca Location: SB Lofts Name and address of owner Lisa Moore 323.419.1440 Name and current telephone number of person familiar with project: Type of Work; Bathroom remodel 000 Contract amount: $ 159, mm_ Date completed: 6-16 Amount of work done by my/our firm under Contract$ $159,000 „ Did your firm have any financial interest in Project? yes I-C-13 Agreement No. 5273 5. Project Title: Skyworks Location: 5221 California, Irvine, CA Skyworks Name and address of owner Edgar 714-448-1762 Name and current telephone number of person familiar with project: Bathroom remodel Type of Work: $64,000 1-12-17 Contract amount: $ Date completed: ................................... .............................. Amount of work done by my/our firm under Contract$ $64,000 ............................... . Yes Did your firm have any financial interest in Project? Bidder may attach additional reference pages if necessary. The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: a � ................... _.................................. ............. I-C-14 Agreement No. 5273 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS FIRE STATION#1 MEN'S BATHROOM IMPROVEMENTS PROJECT PROJECT NO.: PW 17-08 Company Name: Ayus & Co, Inc 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. I. Have you ever been disqualified from any government Contract? Yes ❑ No 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 ❑ Bidde.r...s...Sigtiattrre Baba Osiname Name (Please Print) I-C-15 Agreement No. 5273 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] FIRE STATION#I MEN'S BATHROOM IMPROVEMENTS PROJECT PROJECT NO.: PW 17-08 Company Name: rAyus & Co, Inc 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: TvDe 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-CGL 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 name the 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 Form 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. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from 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:VII." 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 form, 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." 1-19-17 ,... ,. R Date .. -- .............................. ......... Bidder's..Signature I-C-16 Agreement No. 5273 L S BOND I erIiwAwAA A L°W rmrr•s�rr January 18, 2017 ADDENDUM NO. 1 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for Fire Station #1 Men's Bathroom Improvement Project PROJECT NO.: PW 17-08 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, January 24, 2017, at 11:00 am. 2. For clarification, the proposed phenolic-material lockers shall include 20 individual cubbies for employees, and two additional large storage areas (one above the individual cubbies and one below the cubbies). Lockers shall include locks and keys. The women's locker room shall include 3 cubbies and 2 smaller storage areas (same configuration as existing lockers). 3. For clarification, the lighting in the women's bathroom shall be removed and recessed lighting installed (as shown on the original plans dated 12/20/2016). 4. On sheet 5 of the drawings, the existing mirror in the women's bathroom shall be removed and a new mirror shall be installed. Drawings have been updated to show change. 5. For both the women's and men's bathrooms, the existing seat cover dispensers shall be used (protected in place or removed and reinstalled). Drawings have been updated to show change. 6. On sheet 3 of the drawings, the existing towel dispenser shall be used (protected in place or removed and reinstalled). Drawings have been updated to show change. Page 1 of 2 350 Main Street, El Segundo, CA 90245-3895 (310)524-2300 Fax (310)640-0489 Agreement No. 5273 EL ' . As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to provide such acknowledgement shall render the bid as non-responsive and subject to rejection..­__ Signature: � .... x� ,y Date: r � f Print Company Name: " __w . — ... Page 2 of 2 350 Main Street,El Segundo, CA 90245-3895 (310) 524-2300 Fax(310)640-0489