CONTRACT 5274 CLOSED Agreement No. 5274
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
AYUS& CO.INC.
FIRE STATION#1 KITCHEN IMPROVEMENT PROJECT
PROJECT NO.: PW 17-06
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 One
hundred twenty five thousand, seven hundred Dollars ($125,700.00) 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. 5274
3. TIME FOR PERFORMANCE.
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
Agreement No. 5274
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 Citv 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)4744040
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. 5274
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. 5274
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.
CIT F i;I., ' �,OUNI ,.
Greg Car iter Baba Osiname,President
City Ma" er Ayus& Co. Inc.
AT"ITF "F:
v
r � Taxpayer ID No.
T.a 1W
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CiYY Clem ..
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Contractor State
License No.:
Contractor City Business
License No.:
APPROVED AS TO FORM:
MARK D. HENSLEY,City Attorney
By: )d
David H.King,
Assistant City Attorney
Insurance Reviewed by:
Agreement NO. 5274
FAITHFUL PERFORMANCE BOND
FIRE STATION#1 KITCHEN IMPROVEMENT PROJECT
PROJECT NO.: PVYl7-U6
��cp/w��pnc�mm/�
Bond No. xo��oze
' PREDICATED omTHE
Bond Fee:$3.143.00 FINAL CONTRACT PRICE
aruo a Co., Inc. ("PRINCIPAL")
and Indemnity Company of California . uoorpomiiou
incorporated under the laws of the State o[ _ and licensed hythe State of
California tV execute bonds and unded u or'
u�iu� ouao|�uucety,uuuurehy(^SORETY`),are held and
firmly bound unto the CITY QpEL8EGDNJO('CITY")iu the sum of One Hundred Twenty-
rive 17hwmmand,SevemHuodrmd|0O]LLAR0,lowOulzuoueyoftboDodcdStatru,vhicbmouyho
iuoruuxud or decreased byurider hereto executed in the same manner as this hood, for the
po}onout of which aunz PRINCIPAL and SURETY bind dbocuoch/ou" their uu000muncm, and
assigns,jointly and severally,by this ivatnooco1.
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all ofthe
conditions and stipulations set forth iu this bond, SPECIFICATIONS NO.D"W 17-06"and the
public works contract executed with such SpooiGoudiuuu. In the oouo of any default iuthe
performance of the conditions and stipulations of this undertaking,it is agreed that PRINCIPAL
or SURETY will apply the bond or any portion dhereof, to the ondofaudou of any dmoagca"
reclamation, assessments,penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
l. PRINCIPAL will oouubuot the public improvements identified in
SPECIFICATIONS NO. PW 17-06" u copy of which is on fl|o with ClTY`u Engineering
Division (^^Pub1icP 'oot"). Such performance will he in accordance with Cl7Y`o p{uuu and
pco1D1cx (CD1[Y DRAWING FILE NO. PW 17-90) which are made upod of this bond when
said plans and profiles are approved by the City CnnucU and filed with Cl7Y`u ]Bugiuceciug
Division. CITY has estimated the required amount of the bond ao shown above.
2. pPINC[PAL^u 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 uUovvod" CITY may, at its oo|c discretion, oaooc all
required work inho done and the parties executing the bond will be firmly bound for the payment
of all necessary costs therefor.
3. PRlNClP/\l. will guarantee its work against any defective work, labor, or
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Agreement No. 5274
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 17-06 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]
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Agreement No. 5274
SIGNED AND SEALED this 15th day of February 20 _17
Ayus &
Indemnity Cn]ifornia
4:4 L
A:N,t w:o 1,y- I a
PRINCIPAL'S PRESIDENT Attorney-in-Fact
PRINCIPAL's SECRETARY SURETY'S SECRETARY
PRINCIPAIL's MAILING ADDRESS: SURETY'S MAILING ADDRESS:
Ayus & Co., Inc. Indemnity Company of California
1511 N. Kenmore Ave. 500 S. Kraemer Blvd., Suite 300
Los Angeles, 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.
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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 Uh ba ______ . Notary Pub|io.
umo Insert Name mNotary exactly aan appears on the official seal
personally appeared Arturo Ayala
Name(s)ofmono,(s)
,
who proved tomeon the basis nf satisfactory evidence to
be the ( h name(s) is/are subscribed to the
within instrument and acknoWedged to me that he/she/they
executed the salme in his/her/their authorized capacity(ies),
and that by his/her/their signakire(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
Z, acted, executed the instrument.
COMM #2159828
Notary Public-California | certify under PENALTY OF PERJURY under the laws of
ORANGE COUNTY LL
the State of California that the foregoing paragraph is true
My Comm. ',^'"'^` =^" and correct.
Witness myhand
Signature
Place Notary Seal Above Signature ofmmwr�Public Rudy Uhe\a
' ' ' - ' - ' - --- ---- OPTIONAL ' - -' -------------' .
Though the information below is not required �vud/n prove valuable ��oon the document
and could prevent 0ouduhant�removal and reattachment cfthe form bo another document.
Description of Attached Document �
�
Title or Type nfDocument: Faithful Performance--
Document Date: Februem15dh. 2O17 Number cfPages: Three(3)
Signer(o) Other Than Named Above:
Capmcity(iee) C|aimned bySignar(e)
Signer's Name: .AduvoAva|a Signer's Name:
[] Individual [] Individual
[� Corporate Officer--'Tide(s): [] Corporate Officer --TiUe(e)� |
El Partner []Limited []General [] Partner []Limited ElGeneral /
9 Attorney inFact [] Attorney inFact
[] Trustee [] Trustee
| [] GuundianorConoomator [] GuondionorConoemato, Top. '~p~'"'~^'"^"= |
[] Other: [] Other:
Signer ioRepresenting: Signer iuRepresenting: �
Agreement No. 5274
Bond No. 381161P
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 Attomey(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.
.,By: . ...... .. . , — � AN ttAfM
A
Daniel Young,Senior l ePre d nt
11/1�oOC ., � ,,,,,
.... 1 9 3 6 6 m" aa 1 67
B wa toart s o n,Vi ce-President
off c g a w
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
60 118,18,2016 _ before me, Lucille RayrnoO,Nq ae.Y..E"'a»1lalgc
Date Here Insert Name and Title of Lhe Offirer
personally appeared __Daniel Young and Ma.[.k!,,a9§dgn -
Name(s)or 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 helshe/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
Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
"I a Orange County true and correct.
M Comm. Exiras Oct 1'3,2019
w
Place ,ems» WITNESS my hand and official seal. T
Notary Seal Above Signature
Lucdlll, ay'aond,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 r esp?rtive.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 of Irvine,California,this 15th day of February 2017 . 1 t AN G "A", 1"Aft Y ,�
� � OCT 5By 367
Cass ie i
ID-1380(Rev.04/16) • a
Agreement No. 5274
HUGH NGT ` EN PROPERTY RECORDS
BIRTH AND DEATH RECORDS
+I CLERK-RECORDER MARRIAGE LICENSES/RECORDS
PASSPORTS
FICTITIOUS BUSINESS NAMES
NOTARY REGISTRATION
ORANGE COUNTY ARCHIVES
CERTIFICATE OF ADM1'I"`1"F1:), 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 Inden)nitv Coinr).anv 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 Ngtc, %n, Orange County Clerk-Recorder
(Purple Seal)
Yara X Id vinos Estrada, Deputy Clerk-Recorder
A
NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE
HISTORIC DOWNTOWN FULLER TON 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. 5274
LABOR AND MATERIALS BOND
FIRE STATION#| KITCHEN IMPROVEMENT PROJECT
PROJECT NO.: PWl7-0d
BoudNV. 381161e THE FINAL PREMIUM u
PREDICATED ON THE
Bond Fee: See Performance o""u FINAL CONTRACT PRICE
uv*a o Co- zuc. .nn principal
("PRINCIPAL") and r"uu"=it-p Company of California , a corporation
incorporated under the laws ofthe State of California and licensed bythe State
of California to execute bonds and undertakings as sole surety,as surety("SURETY"),are held
and Dooln bound unto the CITY OF El. SBQOND8 ("CITY") in the sum of One hundred
Twenty-rive Thousand, Seven Hundred DOLLARS, lawful money ofthe 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 uuvoroUy" by this iuubz|meo1.
This bond in conditioned upon and guarantees yu}nnont by yRlNCD`A]. to ooubodoca"
subcontractors,and persons renting equipment;puynzuotb«PR1NClPALoodoJ1PRONC[PAL`8
subcontractors for all materials,provisions,provender,or other supplies,and equipment uscdin,
upon, for or about the performance of the work 0001ou,pia1od in FIRE STATION #1
KITCHEN IMPROVEMENT PROJECT, SPECIFICATIONS NO. D,W 17-06 ("Public
Project"),the public works contract executed for such Public Project,undboro]\nmrkorlobo,of
any kind performed for the Public Project. lnLhoouoco[uuydcfbubiuthonorfbonnnxenfdbo
onodbioua and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will
apply the bond or any portion thcrcof, in the satisfaction of any dumuQoo" reclamation,
assessments,penalties, or deficiencies arising by reason n[such default.
BOND CONDITIONS
l. PRINCIPAL will construct the public iozpcovonncndu identified in
SPECIFICATIONS NO, PW 17-06, and the public works contract executed for such
Specifications, copies of which i000 file with CITl/^o Engineering Division(^^PubUuProject").
Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING
FILE NO. PW 87-06), vvbiob are roudo u pmt of this bond when said plans and profiles are
approved hv the City Council and filed with ClTY`o Engineering Division.
2. PRINCIPAL will pay all contractors, subcontractors, and persons renting
equipment.
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Agreement No. 5274
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 17-06, 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]
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Agreement No. 5274
SIGNED AND SEALED this 15th day of February 20 17
Ayus & Indemnity a,„omp,My 4"'1'5 California
4
Arturo Ayala,
PRINCIPAL PRESIDENT MLTY's F%IVStyA# t
A torney-in-Fact
PRIN-C111A-&s SECRETARY SURETY's SECRETARY
PRINCIPAL'S MAILING ADDRESS: SURETY'S MAILING ADDRESS:
AVus & Co., Inc. lndomnitv Cr=oa I `'..,......':1,,,,r
-Vly—, ,---=............
1511 N. Kenmore Ave, 500 S. Kraemer Blvd., Suite 300
Los Angeles, 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.
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O. 5274
-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
[document ho which this certificate im attached, and not the truthfulness, accuracy, or validity of that document. U
STATE DFCALIFORNIA
County of [>nongo �
On February i5th' 2017 before me, Rudy Uh bs ____ __ Nn�ryPub|io.
oe� mne�wamo�wmoyoxo�vuenavpoa�onmo official 000/
personally appeared Arturo Ayala
wame(v)ma/oner(a)
who proved hnmeon the basis of satisfactory evidence to
bathe person(s) whose name(s) is/are subscribed tothe
within instrument and acknowledged tmmethat he/she/they
executed the same inbis/hec/their authorized capacity(ieo),
and that byhim/hen#heArmigmmture(s) on the instrument the
peroon(o), or the entity upon behalf ofwhich the person(s)
���� nuo,omETn 0 acted, executed the instrument.
( \ COMM.#2159828
' w�u�puuo�canmmio w | certify under PENALTY OF PERJURY under the laws of
ORANGE COUNTY LL the State of California that the foregoing paragraph is true
8 Myov"`m.aw/m,Jo|14.e000N and correct.
Witness myhand
" Signature
Place Notary Seal Above Sign mwman i*~qudyUrieio
OPTIONAL
Though the law, it may prove valuable bu persons on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type ofDocument: Labor and Materials Bond �
�
Document Date: Fobnuorv15th. 2017 Number ofPages: Three(3)
Gignor(o) Other Than Named Above:
_
Cmpac|ty(|ee)Claimed bySiQnar(m)
Signer's Name: Arturo Ayala Signer's Name:
E] Individual [] Individual �
[] Corporate Officer--'Td|e(n): [] Corporate Officer --Tlt|o(o)� |
O Partner El Limited OGeneral O Partner O Limited[] General '
��
�� Attorney in Fact [] Attorney inFact
[] Trustee [] Tmsteo
[] Guardian or Conservator [] Guardian or Conservator Top of Mthumbhere
� [] Other: [] Other:
Signer ioRepresenting: Signer ioRepnmonting�
___
�
Agreement No. 5274
Bond No. 381161P
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 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 e ,
AN .'4�
B `ANU It` AN
y C,
Daniel Yo OCT.o s � 13675 r
uorVice Pr:.: ,r,..,. ACT ,
i,
1,936
tv1 .',
By: // ..
Mark Lansdon,Vice-President r+'t*, «a "��tr•°c4'mvw
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 e Raymond,Notary Public
before me, Lucid„
Doke Here Insert Name and Me of the Officer
personally appeared ......................................................................................................................................... Daniel Younq 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
rya 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#E 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.
My Comm.Expires Oct 13,2018
WITNESS my hand and official seal. .
Do69'
Place Notary Seal Above Signature Lutcl8l" cv
7
i / d„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 ofAttorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of ti;e respective Boards of Directors of
said corporations set forth in the Power ofAttorney are in force as of the date of this Certificate.
This Certificate Is executed in the City of Irvine,California,this 15th day of February 2017 r t ,t ' ANY
B Clf[tl d1s5t „pbt e `tat .,,„ �� 4T [W �C T, C ,e
rt w 167
'e wl rcrlsf 'sla / 9B �V C°Y cr�� Yw nt
ID-1380(Rev.04/16) ' * *'
4
Agreement No. 5274
No. 5486
STATIT OF CALIVORNI A
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY, That,pursuant to the Insurance Code of the State of California,
Ituternnity Company of Califontia
of Irvine, California, organized under the laws of California,subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby authorized to transact within this State,subject
to all provisions 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 California,
THIS CERTIFICATE is expressly conditioned upon the!wider hereof now and hereafter being
in foil compliance with all, and not in violation of any, of the applicable laws and luwfd requirements
made under curhodry 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 may hereafter be changed or
amended.
IN WITNESS WHEREOF, effective as of the 14th day of June, 1991, I
have hereunto set my hand and caused my official seal to be affixed
this 14th day of June, 1991,
Fee $77.00 John Garamendi
hides dCa«undssianer
Rec.No. 4$621 L
Filed 101201$9 BY Victoria S. Sidbury
Dapufy
CeHVI-cation
I,the undersignedlnsurance Commissioner of the,Slate of Caalr Ion ia, do hereby cart fy that I have
coonpwred the above copy of CertUlcate of a uthorily with the dreplie"nee.of original now r nfile in my office,
«and t'lrat the s ame is a full,true,evul correct tnta'iscripi there4�turd of the whole of snid dirphcarer,anad"said
Certificate of authority is now in full force and effect,
IN WITNESS WHEREOF, I have hereunto set my hand and caused my
official seal to be affixed this 15th day of September, 2000.
J. Clark Kelso
detbig Insurauee CommiWorer
`?'j--, 't�I3 W.",
Pauline D'Andrea
Depuy
Agreement No. 5274
HUGH1�7('�T7YEN PROPERTY RECORDS
HUGH IL' 1� 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 lndemnit Lonipaxiv of (::`alil"�arnia 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 Ngtiyfln, Orange County Clerk-Recorder
(Purple Seal)
Id winos Estrada .........
Yara X �� Deputy Clerk-Recorder
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. 5274
PROPOSAL
FOR THE
FIRE STATION#1
KITCHEN IMPROVEMENTS PROJECT
PROJECT NO.: PW 17-06
Date 1-19- 2017
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. 5274
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.
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.
NONCULLAISION w° J
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. 5274
BID SCHEDULE
FIRE STATION#1
KITCHEN IMPROVEMENTS PROJECT
PROJECT NO.: PW 17-06
Company Name: Ayus & Co, Inc
Base Bid Items
... .... „ wMMaw..�� ,...... ,„ ��,,,, .,.... ..... �mmm...mmw w w w
Unit Price Item Total
Item Description Estimated (in figures) (in figures)
_ Dollars/Cents Dollars/Cents
e of..al.l.............................. Unit Quant.rty..... ................................................................
NO.'..................RemOVe and dispos...........
1 existing flooring, including Lump B $5,000 $5,000
abatement of asbestos-containing Sum
material.
rr_.....................................................
.......�
Remove and dispose of all
cabinets, sink, appliances, and
2 miscellaneous items (per Sump 1 $6,000 $6,000
contract specifications and
drawings). (Demolition)
3 Install new cabinets, new Lump 1 $50,000 $50,000
countertops, and backsplash Sum
Install new sink, fixture,water
tap(reverse osmosis) and
4 necessary plumbing components, Lump 1 $10,000 $10,000
Install plumbing to coffee Sum
machine, dishwashers, and ice
machine.
- ............................
Install new type 2 exhaust hood
5 per new location and current Sum 1 $5,000 $5,000
code.
Adjust electrical outlets as
6 necessary and install GFCI Lump 1
electrical outlet, outlet box and Sum $2,500 $2,500
all wiring.
..-.._.....__.....
......
7 Install new concrete floor finish SF 540 $5 $2,700
— ---................
8 Prep and paint surfaces Lump 1
(walls/ceiling) Sum $2,000 $2,000
1-C-3a
Agreement NO. 5274
������ ��������������� ��� �
Install paper towel dispenser,
Lump
soap dispenser, and | - ���-
�500 �
Sum
miscellaneous fixtures. |
to Furnish and install all appliances Lump l -
�1�'��O �10.000
per plans and opooi�outiona. Sum -
Remove wall #| including all
carpentry work(including
removal of soffit and
construction of ceiling uu Lump
| �4OOO �4OOO
required)to complete the Sum ,' - '
project in the desired |
configuration ux shown onplans.
-Non-|oudbuuzing wu||o.
Remove wu|| #2 and instal| /
pocket door/barn door and
associated carpentry, plumbing,
Lunop
and electrical to complete the u� | -�4 ��� �4 000
. 8u ' - .
pogedin the desired
configuration uo shown onplans.
-Nou'|oudbnuringwall.
- --------
Relocate door oo wall 03, |
�
including all carpentry work to
complete the project inthe Lump l $1'500 $1.500
desired configuration xashown Sum
ou plans.-Y4on'\oudheoring
vvu|i
_ ........ ...... _____............
__
14 Replace ceiling light fixtures EA 6 $3'000
_____..............__ ____
llomovoand reinstall novv Lump
|5 ceiling tiles Sum l $1. $1.500
___
u (�onve�cxiydugsolarium area
|
/ of kitchen into outdoor open air "
patio, vvb|ub will include �
16 demolition of existing framing Lump | $6.--- $6,000 �
windows. Install new exterior Sum �
door, railing, gas connection, and �
other components tocomplete �
outdoor patio.
������� .�_ �� `
Agreement No. 5274
Convert existing bookshelf
between Recreation Room and
Hallway into a"Technology
17 Center", which will include Lump 1 $4,000 $4,000
demolition of bookshelf. Sum
Contractor to design-build
seating area using same
materials as listed in kitchen.
Miscellaneous improvements as Lump $5000.00 $5000.00
18 determined by the Engineer as Sum 1
necessary
i
Alternative Bid Items (Determined by the City on as-needed basis)
Relocate door on wall #3,
including all carpentry work to
19 complete the project in the Sump 1 $3,000 $3,000
desired configuration as shown
on plans.—Loadbearing wall.
Total Items
TOTAL BID FOR ITEMS 1-19 IN FIGURES
= $ 125,700
TOTAL BID FOR ITEMS 1-19 WRITTEN IN WORDS;.....................__ _..............................................
One hundred twenty five thousand seven hundred dollars
___..........................................................................._......
1-C-3a
Agreement No. 5274
BIDDER'S INFORMATION
Company Name: A y us o, 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) _
Cali...or...... ................................................... _.
Business Ayus & Co, Inc
Address 1511 N. Kenmore Ave, Los Angeles, Ca 90027
Telephone No. ........323.474.......................... .4040
LL _
Facsimile No. 323.879.4848
...........
State Contractor's License No. and Class 1011804
Original Date Issued 3-5-16 ........................ _... Expiration Date 3-31-18
Ex
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. 5274
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. 5274
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 2Q1 7 .
BIDDER
..................
...............
.................... .................
notary public or'6ihAi�-o-
this oortificate vetitigs 9
, only the identity of
tilt)individual who signed the docurnant to
which this certificate is attached,and not
the truthfulness,accuracy,or vaudity of that
document,
Subscribed and sworn to this i day oL)"i"7, 20�.
N( TARY PUBLIC
MARME TER-POGOSYAN
Commission#2080590
Notary Public-California z,
Los Angeles County 1:t
y Comm. Ex,
I-C-6
Agreement No. 5274
Bond No. CSBA-3964
PROPOSAL GUARANTEE
BID BOND
FIRE STATION#1
KITCHEN IMPROVEMENTS PROJECT
PROJECT NO.: PW 17-06
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 Perr,evo, of Amount Bid DOLLARS
($ .101 ,,4 AtaXrsount 1,'Q,3 ),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* %p n:4r aa!rtrl Ar yr c-11 , guy of California, 500 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, title,
address and telephone number for authorized representative.
I-C-7
Agreement No. 5274
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 Riverside
On January 17th, 2017 before me, Rudy Urieta Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Shaunna Rozelle Ostrom
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 which the person(s)
,` PT COMM.RUD URIET 28 acted, executed the instrument.
�-,' � YURIETA
1 certify under PENALTY OF PERJURY under the laws of
Notary Public-California the State of California that the foregoing paragraph is true
ORANGE COUNTY 'L
and correct.
My Comm.
Witness my hand pd..offjc4gl seal.
Signature ...... mow W .,. . " °
Place Notary Seal Above Signatore of Wary Public Rudy drieta
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: Bid Bond
Document Date: January 17th, 2017 Number of Pages: One (1)
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
w
Signer's Name: Shaunna Rozelle Ostrom Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s):
❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General
- ,�® ,i .,.-.
[A Attorney In Fact El Attorney In Fact
Trustee ❑ Trustee
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
Agreement No. 5274
POWER OF ATTORNEY FOR Bond No. CSBA-3964
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 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
AN
nr�o vnms Y ,
Young.Senior Vice-President * r o c C)IM 4 9O�
By:
�
so ... OCT 5
� � „., to
Dani ''mm 9996f µye1967
h T
6y.
Mark L ansdon,Vice
-Preside nt
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Orange
On April 181 20116 before me, Lucille Raymond,Notary Public
Date Here Insert Name and T&of he Offoer
personally appeared Daniel Young and Mark Lansdon
a Name(s)ofsi9nerts
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
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.
y, ,Y My Comm.Expires Oct 13,.2018
w ICI",,.,,w,,�,,�,,,�,• w + „. WITNESS my hand and official seal
Place Notary e . ,
ry al Above Signature
Lucill y ond,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.
AN y
This Certificate is executed in the City of Irvine,California,this 17th day of January
ry � 2017 �„ irp
8 y,
BY: f: 19� cr ��PFOt w ',
uIssie wrnsfor� A �Wy
ID-1380(Rev.04/16) 'k
Agreement No. 5274
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 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).
d
Signature
Baba Osiname
Typed Name
President
. ..................
Title
Ayus & Co, Inc
Company Name
I-C-8
Agreement No. 5274
NON-COLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California )
) „ ss.
County of ,/', ,/j' )
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.
� iir°c r 4N.
�; ..
Ayus & Co, Inc
Si����<tt. ' Name of Bidder/Company Name
Baba Osiname 1-19-17
...............w_............................................................................................................................
Typed Name Date
President
Title
I-C-9
Agreement No. 5274
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: 1511 N. Kenmore Ave
Los Angeles, Ca 90027
Telephone Number: C 323 474.4040
Dated this 1 day of 19 20 17
I-C-10
Agreement No. 5274
DESIGNATION OF SUBCONTRACTORS
FIRE STATION #I
KITCHEN IMPROVEMENTS PROJECT
PROJECT NO.: PW 17-06
Company Name: Ayus & Co, Inc
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
(Number and Street)
CaseWor 1130 Research .............................. ---663046 Cabinets
(City,Zip Code) Tech Center $45,000
Redlands, CA 92374
Enkay E n g i nee ri Pq,_._1_Q�39,._Monrro_vi_aA_ve 509785 Asbestos
Abatement $5,000
Costa Mesa, CA
.........................
II
.........................................................
................................... ...
...........................
............................ ...............................
................
.............................
... .....................
I-C-1 I
Agreement No. 5274
REFERENCES
Ayus & Co, Inc
Company Name: -----_-
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:
.... .....016
Contract amount: $ 22,500................... Date completed: Aug
$22,500
Amount of work done by my/our firm under Contract$
Did your firm have any financial interest in Project? Yes
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
p 1-16
Contract amount: $ $50,000 Date completed:
Amount of work done by my/our firm under Contract$ 50,,000 ...............................
Did your firm have any financial interest in Project? Yew......,.........................................,.
I-C-12
Agreement No. 5274
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: $.........174.,.0.0.0..........,. Date completed: , . Oct
ompleted: . . Oct 2016. .. .. ................................. ......
Amount of work done by my/our firm under Contract$ 174,000
Yes
Did your firm have any financial interest in Project?
Remodel
4. Project Title:
Location: 312 W. 5th St, Los Angeles, Ca
S B 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
Contract amount: $ 159,000 Date completed: 6-16
Amount of work done by my/our firm under Contract S..______ 59,000
Did your firm have any financial interest in Project?
.............yes
..................................................
I-C-13
Agreement No. 5274
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;
Contract amount: $ $64,000 Date completed: ...........1..-1...2.-1..7...........................................................
Amount of work done by my/our firm under Contract$ $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:
I-C-14
Agreement No. 5274
BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
FIRE STATION #I
KITCHEN IMPROVEMENTS PROJECT
PROJECT NO.: PW 17-06
Company Name: Avus & 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 E
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 I@ No ❑
� r
�.
Bidder's Signature
Name (Please Print)
I-C-15
Agreement No. 5274
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
FIRE STATION#I
KITCHEN IMPROVEMENTS PROJECT
PROJECT NO.: PW 17-06
Company Name: AyUS & 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:
Tvue 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."
r
1-19-17
Da crSignature
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to 13I. �._..
I-C-16
Agreement No. 5274
R SES N
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*0,,:, 1
January 18, 2017
ADDENDUM NO. 1
to
THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS
for
Fire Station #1 Kitchen Improvement Project
PROJECT NO.: P W 17-06
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. Page V-A-26 of the Technical Specifications, revised the Stove /Oven model
number from "Model NXRPRO 3651"to "Model NXR DRGB4803".
3. Contract duration has been revised from twenty-five (25) working days to forty
(40) working days.
4. For the removal of wall #1, the overhead soffit will be required to be removed.
The removal of the soffit should be included in the bid price under item #11. Bid
table has been updated and provided. Drawings have not been revised to reflect
this change.
5. The kitchen design is required to follow all Americans with Disabilities Act
(ADA) requirements and current building code requirements. The original plans
dated 12/20/2016 show the counter height at 34"throughout the kitchen (which
meets ADA requirements). It was determined that a standard kitchen height of
36" would be preferred where allowable by code, with a small area in the kitchen
specifically designed for 34" high countertops. Drawings have been revised to
show this change.
6. The "pantry" has been re-designated as a"storage/employee only area".
Drawings have been revised to show this change.
Page 1 of 2
350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax(310)640-0489
Agreement No. 5274
L No'
SIG
A...........
C:9 N 1 9 H 14 11 a t''
Is 17•9101%Y
7. The proposed "handrail" has been re-designated as a "guardrail". The guardrail
must be at least 42" high. Drawings have been revised to show this change.
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:
Date: . ...
Print Company Name: "
a
Page 2 of 2
350 Main Street,El Segundo, CA 90245-3895 (310)524-2300 Fax(310) 640-0489