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CONTRACT 4987B CLOSEDAgreement No. 4987B SECOND AMENDMENT TO AGREEMENT NO. 4987 BETWEEN THE CITY OF EL rO AND JAMES McNARY, b. BINO CONSTRUCT "01 THIS SECOND AMENDMENT ( "Amendment ") is made and entered into this 31st day of March, 2016, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ( "CITY "), and JAMES McNARY, dba Bino Construction ("CONTRACTOR "). In addition to the amount set forth in Section 2 of the Agreement, the CITY agrees to pay CONTRACTOR an additional sum not to exceed eighteen thousand, seven hundred seventy five dollars ($18,775.00) for the additional work specified in the Scope of Services attached hereto as Exhibit "B" and incorporated herein by reference. 2. Notwithstanding Section 3A and 3B of the Agreement, the CONTRACTOR will fully complete the additional work contemplated by this Amendment on or before April 25 ( "Contract Time "). The anticipate schedule for the additional work is set forth in Exhibit C hereto. Additional time may be afforded if weather conditions interfere with the manufacturer's suggested cure time for any of the coatings utilized. Prior to commencement of the work described in Exhibit B, CONTRACTOR shall provide CITY with revised Performance and Labor and Materials Bonds that reflect the increased costs of the project. 4. This Amendment may be executed in any number of counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. Except as modified by this Amendment, all other terms and conditions of Agreement No. 4987 will remain the same. [SIGNATURES ON NEXT PAGE] Agreement No. 4987B IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first hereinabove written. CITY OF EL SEGUNDO, AT"I'L"'IST: .;r // f��,f� lacy ''ever,; °ity Clerk APPROVED AS TO FORM: app._ rat pie, City Attorney 2 JAMES MINA Y mQnvd �Z cl I11 t. oil �„� �.,fl'�ath�rSFF£i��d�o9m sin James Michael McNary Taxpayer ID No. 46- 2493050 Agreement No. 4987B EXHIBIT B SCOPE OF ADDITIONAL WORK FOR SECOND AMENDMENT TO CONTRACT NO. 4987 !°ojcc -re ific ScoN The Contractor, James McNary, dba Bino Construction, shall provide additional concrete groundwork for the decks for Units 219, 220 and 221 in the Park Vista Senior Housing facility with the ultimate goal of creating a slope away from the new sliding door installation that drains to the existing drain inlets in the deck. The facility is located at 615 E. Holly Avenue in the City of El Segundo, CA 90245. The additional concrete groundwork for the aforementioned dwelling units will include the following: • Existing deck to be cup grinded to remove existing waterproofing layer. • Contractor to adjust the existing slope as best possible during the cup grinding process to improve the existing drainage. • Existing drain caps and inlets to be adjusted as needed to accommodate the slope deck adjustment during the cup grinding process. • Apply deck mud or non - shrink grout to the deck area to adjust the slope further away from the new sliding doors and improve drainage into the existing drain inlets. During this process, the Contractor to achieve a %" clearance between the sliding door sill and the finished concrete groundwork at the sliding door threshold. • Finished concrete groundwork to be waterproofed and sealed with a top coat to match the existing deck area as close as possible. • All debris to be cleaned and disposed of upon completion. General Scope conditions shall remain the same unless otherwise stated. Attachments: Bino Construction Cost Estimate Dated March 10, 2016 Agreement No. 4987B EXHIBIT C SCHEDULE FOR SECOND AMENDMENT TO CONTRACT NO. 4987 Proiect- Specific Schedule The Contractor, James McNary, dba Bino Construction, shall perform the scope of additional work specified in Exhibit B per the following schedule: ................. _ Week 13 �►rr�yrr Mu�� tY A1! J1 4"' Date _._ .,- � .......�� .��....._ - ........ _,,.,,�,�.. � Activity ........... ro._..... ....��_--- �- � „��,.�.�...��.� _15at Monday, 4/4 Demolition of existing concrete deck and waterproofing system; preparation work for next activity (l deck per day) Tuesday, 4/5 Demolition of existing concrete -- �� .�..��. to de ��k and waterproofing s st� ��...�� g _ �� c � � p g y . em; preparation work ..� _ for next activity (1 deck per day) .... .... _.. .......... - -Y p - Wednesday, 4/6 Demolition of existing concrete deck and waterproofing s stem preparation work for next activity (1 deck per day) �� .� _� _... -_. _.. - .......... .... w „�,,,�. Thursday 4/7 Applying new deck mud or non - shrink grout to deck surface Friday, 4/8 Applying new deck mud or non - shrink grout to dec �� ........... k surface The Contractor and a City representative will be communicating on a daily basis during construction to adhere to the project - specific schedule. If the Contractor encounters any unforeseen job conditions or is impacted due to weather conditions, the project - specific schedule will be adjusted accordingly and the proper personnel will be notified within 24 hours. General Scope conditions shall remain the same unless otherwise stated. Attachments: Bino Construction Cost Estimate Dated March 10, 2016 reement No. 4987B Name: Floriza Rivera Company: Public Works Department City of El Segundo Phone number: 310 524 2361 Fax number: E -mail: I frivera(a-),elsegundo.org> cc: No. of pages: 5 March 10, 2016 Dear Floriza, Attached, please find a revised estimate for 615 E. Holly Ave. Units 219 -221 El Segundo, CA 90245. Upon approval please sign the last estimate approval page and returned the entire document to us by email to james @binoconstruction.com, or fax (323) 935 -5960. Should you have any questions, please call us at (323) 935 -4800 or e-mail me at james @binoconstruction.com, or fax (323) 935 -5960. James McNary Bino Construction 818 231 8563 Page 1 of 5 'THIS 1`10WER OF" Al TORNEY IS NOT VAI ID UNIIJESS IT IS FIRWTED ON RED BAQIKGRQA ement No. 4987B Thils Pa ;r of Attorney Hill the acts of those named herean, and Chey have ino autharity to bind the Comlmnyexcept in Ulm manintar and to the ext(mtherelin Stated. Certftalte 'oo Airrierican hire and Casuality Coiil Uberty WWI Insurance Company lFhe 0hio Casinafty insurance Corm pany WeM American hisurance Cornpany POWER OF ATTORNEY KNOM AIL II_ IPIERSONS BY 1I II ESE PRESEN T& That Amerrcan Fire & Casualty Corripairly and'r he 01no Casuafty linsurainm Uminpany am crxpomhours dfl�r organiced undie'r ffie laws A the SlMo of New 11 kmnijjcsfi�ie, that Ube0y NluluA limiruii ance Gim�pany is a cofmialtimi rMly mgali�ziad uimler ihe am oHhe SWe i�id Mas&xhinwfls and Wesi Zilehcan rommoice Coinlipany is a mjjx,mahon duly o�ganized uildw ffii:� WS Ill Ore SU10 Of fihh,IM Ole min aVectively called 111he'Coliqlaimies y jrmsuanr to and lry authi)My lwmn sell fixth doomi hemby name, comstilule and atrpovnL , Aaron West: Aksel Rrat; Buick Ford; James 11:3cajirids� Jason Ford ......... .. ..... . .... . — ............... ---- .............. — - . ................ .... .. ........ 10 of thii� city i J"k�<Msd,14'� sia�e ef AI each inidividuMly 4 ffim be inom Ulan oile namad, 4s hue and a .......... .... . . . ..... ................ . . . . . . . ...................... whill aillorr ey 1� � tacit 10 � ii lake, emmte, mall, acknowledge W defivev, to mid on Re bet ad as si ii� cry and as He act a� to do: ed, aii ii y vvid ali u Ai:!� �ail6ii igs, boi �4 K rea xVii liza: nces m id ofl m sm ety obligal � lij� ms 41 lxpii suame of 0 wso P 11 ci� :1 POS amJ shalf be as iiundiiiq] upon flhe Ccimp,snles as ir �hey have been i sqned by Oie preWent and alileslted by the secleWy of the ColinjIlmies in ffioii own, f�iqxr Imsons, H4 MTNESS WHEII:TOF, Ova l:iuwe� orMnlney has hi:!m suhm lilhed by an aldho6zoi oilficpu or official oll Uhii!! Companies and the clinlIxAnie sca�% 0 thC C� nllmilies have !^ean alffiri(ed flmm:Io Ums Affi day rut _ Ninveninhier 20 V 5 Arim,,vican Fire and Casuaity Comparty The Ohio Casuafty insuiraince Company Liberty Wuait kmirance C ompany West Axvekart kuwrance Coflil . ... ..... . Ir as STATE OF PEINNSYLVANA SS Dald m COUNIY OF MONTGOME:RY FU 01in llVjjle _2411h day of mare l"einbor woos bifftoie inn wirscmall1v appealed [)�Pdld Nt Cagey, Who acimmViwk 11ad Umlirr^d: :i6 Ilro be lhiu Parini Manr 3ecmL:riy oil Arnenmm Fir• and 0.2 execule flhe foilegolng inshumenit Hm jjpurpnr ses thomin :,,oWamed b kynlq oill behAi offhe mo)IIaltions, by hinisefll as a dully auG hoilzed offico m rN VVITIVSS Wi IIIii ly::: Oil: 11 have hmnunt ) sijhs„ unl w (d ny and alfixed iny unr llan,M sed1l at 11:1dynmibh IV11100im , II nnsylVania, on 11he day and yem FrA above w0pn, m COMIM11i)NIN11EA11 Ill OF PENNSIO VMIM Teo, 'Ny oie!sa 11 "IsiliNla 114otauv pu hflc 0 0 C m Reil)hlii�,Gasuafty insmaince L Uilinjimily, Libelty hhflusl 11111sol a me Company, a iiiid We sit Anneikmin insi iain��ie Cii!imillmny v*6 i :�sukifi,'InS dl 10W in t011 fl::ixe and eftEoi N)Alflii� as follovvs m ARTIICII, ii: W OF111i'110ERS Secbon r" ::lowar 0 Affix ney Any Aficeii m odwr nffidM 1 Nbe Coliporaltion auflh(x ?Hd foil Hh'A pinpose iiii w4inq by lhe Chaoinmlin im Vhe Piesideno, and suhp�o trot sudil IllurdrAwon as Ole Chaliall:om 0 0Ru plesidpilit ilinay piesii Hbe' l app6nit :�Ildhi :Iifiomeys dn lact, as 11a'V 11 !le necessary b!) a0 in behalf (Jdle Col Porabon hp make exe�AA:, seal, '0 aclmvyle(h c ain'J deliveli as:mO� any and all, imdoMlklngs, bonds, somq6zmce's and oflim suielyobillpilitknis Such Anineys-in I'mi, sldape(I 0 rhe linlimitions ser tmth auii giijun lespedive ixmPr!s M attoiney, :;haH r7 style fifll you fa hind the coa pcqailon lhiy 11hea slginabule md immutlun tall any slido dnshunnenh and lu, afia h thenflo Me seaV of Vhe CoipmAon When :X) r"XEW'Wed' such insiluineigs ,4411 iieastMinding as ii si� ned b, D : V rraia. : ille plovisions of INS mdde ill ay Im evollred at ailly �lnii e by 0le 113omd� the Cha�iiinan' ffie l:Imsidolir oll h�y �ho oflicer, o� OVK�eis glailling surh jjxowe cl, aullboiny 'olau os ARTME VIM Execuilloin ofd SECTiON 5 ,:'Woe iy Bonds and Unckm0allilmgs Any officer of rhe for thM purp ise in wrorlotmulp by Rim:a i gar the pirosideliM, and ^ wlhryec:I to Such IuuunuVaatdone as We ch,mrman m the piesdenir may pilimittic, shah appdO such misoneys in facit u may N nociissary to all in behalf of ittle r oinpany do m0 e, execiuN(% 0 seal, acknowledge al"I delivo as suielly any and afl undedall6ings, hands recoqWINGeS and offiell Surely uaUligafiodum, Such altloirleys-lil-llacs ultiqlivA lo like luunmr,, ions ser riirlh in "lleiii z lespective ptvweus or aRolney' shaN have WH lower 10 bind Hw, Coiirpany ley rlvaiii signaltuic and axeoAon olf mly such lmmmi1x! ant !s and Vo aRachi ihemWi 1he seisf olfthe Conjj!lany Wben So exeaAed::iuch inshumenirs, shaIll be as hin ding as all signed by 11w Ixesidenit and Mosiled If.,y Ulm mx,Maiy. Ceifificate, of Des, gmafian - Me I:ImWenr �Jthii� (AxiqXwo dc��Ilg jj�lmsvmfl to 11he Bylaws ol ffie Colilpany, aWhorlzos David M Ci:ney Asslm@0 S� ,mfaly f1i) apisvint such alltilmv::YS-1111 fact as iinay he necessmy 1f) act on behaft M the Cornjmny ro nnalke, eximile seaV , acknowkAgo, and delim as sulea y any aid all undellWiligs, 11!nm1i, iraae +apou+wances :uld ci he ,ueiy oll!i1ligadons, Aut1liovizatkno By unainlinous ccilseiM oll rhi„a Coinframy's Etciald M Dinscitors, tho: Company onnseibs 00 facsiaide oil nocWniudly lepl xlluccd slipinalulie nimy ass0anit semraiy uA04,, Coinillmny, wN:!fem appeaning upon a cedlfwd copy of ainy pciwer of ailloiney issued by the Company uln Wsh suiely horhN, ShJ Ilrra m'4d and �Ording upm dhe Coin1pany with the saille fome aind effe cA �r, Hough manually Axed 11, Giogory W DayeinVA, the undersigned, Assistant SKretary, of American F ire and Casualty Company, The 011 CaSUafty insurance Company, I.Jherty Mull uall insurarce Company, and West Arnedcan hrslurainrx Comp any do Ihenallay cedlfy that flihe ongrnM poweu of allilciriney of which the fomgolng is a fU0, true and coirrect copy of the Power of ARonney execulaxi by said Compainles, iis in full, force airul effact and has not k�en revoked, z WjA IN TESTIMONY WHEREOF, have herewinto set my hand and affixed the seals Df said Cornpaimes this 3� I day of .............. M t-W.I.r.-C I.,.n .................. . .. ... ...... . . .... . .. ..... ... ... ... By: l"-1P—* . . . . . . ........ 46 of 200 UAS 2873 E,11203 Agreement No. 4987B Your HOA Specialist 4191U0 CONSTRUCTION E V E R Y T. �"I... .... ........... 6... .N....D...E.�.�.R.. ....... 0' N�.�.�.�.�._.__G_._.- ._. _._._._._._._.._..._...._.....� E OD ROOF 12101 Van Nuys Blvd., Suite 34 • Sylmar, CA 91342 • Lic. No. 695300 Phone (323) 935 -4800 • Fax (323) 935 -5960 www.binoconstruction.com REVISED - ESTIMATE March 10, 2016 REVESTH0031016 ESTH0030616 Attn.: Floriza Rivera Proiect Address: 615 E. Hollv Ave. El Seeundo. CA 90245 Deck Repair -- Recommendations: Unit 219 • Move area contents as needed. • Remove water proofing and concrete as needed by cup grinding the existing deck waterproof layer in phases to existing drains. • Remove water proof material from base edge of perimeter wall flashings as needed. • Adjust the slope to improve the existing drainage and pooling as best as possible during the grinding process. • Remove drain caps and lower the drain flow level as needed to accommodate the lower deck slope adjustment. • Provide and apply Acripatch to all flashing joints and drain bezel joints and allow appropriate cure time during the work process. • Provide and apply deck mud or non - shrink grout to adjust the slope further and to improve pooling as best as possible. • Provide and apply AVM base primer to the entire deck. • Provide and apply fiberglass sheeting embedded in AVM 100 waterproof base to the entire deck and drain perimeters.. • Provide and apply two layers of AVM protective smooth. • Provide and apply by hopper AVM knock down finish texture. • Provide and apply two coats of AVM top coat water proof sealer with color to match existing as close as possible. • Reinstall existing drain covers. • Clean up and dispose of debris. Price Price Per Deck: $ 5,950.00 Page 2 of 5 reement No. 4987B Unit 220 • Move area contents as needed. • Remove water proofing and concrete as needed by cup grinding the existing deck waterproof layer in phases to existing drains. • Remove water proof material from base edge of perimeter wall flashings as needed. • Adjust the slope to improve the existing drainage and pooling as best as possible during the grinding process. • Remove drain caps and lower the drain flow level as needed to accommodate the lower deck slope adjustment. • Provide and apply Acripatch to all flashing joints and drain bezel joints and allow appropriate cure time during the work process. • Provide and apply deck mud or non - shrink grout to adjust the slope further and to improve pooling as best as possible. • Provide and apply AVM base primer to the entire deck. • Provide and apply fiberglass sheeting embedded in AVM 100 waterproof base to the entire deck and drain perimeters.. • Provide and apply two layers of AVM protective smooth. • Provide and apply by hopper AVM knock down finish texture. • Provide and apply two coats of AVM top coat water proof sealer with color to match existing as close as possible. Price Per Deck: • Reinstall existing drain covers. • Clean up and dispose of debris. $ 5,950.00 Unit 221 • Move area contents as needed. • Remove water proofing and concrete as needed by cup grinding the existing deck waterproof layer in phases to existing drains. • Remove water proof material from base edge of perimeter wall flashings as needed. • Adjust the slope to improve the existing drainage and pooling as best as possible during the grinding process. • Remove drain caps and lower the drain flow level as needed to accommodate the lower deck slope adjustment. • Provide and apply Acripatch to all flashing joints and drain bezel joints and allow appropriate cure time during the work process. • Provide and apply deck mud or non - shrink grout to adjust the slope further and to improve pooling as best as possible. • Provide and apply AVM base primer to the entire deck. • Provide and apply fiberglass sheeting embedded in AVM 100 waterproof base to the entire deck and drain perimeters. • Provide and apply two layers of AVM protective smooth. • Provide and apply by hopper AVM knock down finish texture. • Provide and apply two coats of AVM top coat water proof sealer with color to match existing as close as possible. Price Per Deck: Page 3 of 5 reement No. 4987B Reinstall existing drain covers. Clean up and dispose of debris. $ 5,950.00 Notes: _ IJisatiwrrtelCxs- �trohleu.rr�ruretnretinri • This estimate does not include any areas outside of the unit deck wall enclosures. Each unit deck is approximately 90 square feet. • The client understands that any and all estimate fees herein may change if engineering /structural /architectural drawings modify the job scope. • As part of the existing waterproofing a deck mud float was added by another company to affect a slope of sorts and this will be all or in part removed thus reducing existing elevations. New deck mud or non - shrink concrete grout will be added to build up to achieve an approximate '12 inch grade to lip edge space along sliding door threshold and a slope no more than 2% to drains although the boarder around the drains may be more than that. This adjustment may not match exactly the current blue print adjustment plan as imperfections exist. Additional fees apply, if engineering reading must be taken at time of sloping and floating the deck as this is not a normal deck waterproofing process. The remaining areas will be floated and sloped as best as possible to the two drains working within the 2% parameters and Y2 inch threshold lip to grade requirement. This is not a perfect process as each deck is different. The work will not be based on imperfect metric readings as they have already been modified during the door installation in order to level the previously un -level door threshold bases. • Slope units, elevation units, and any other units must be interpreted and converted by the architectural /engineering /city groups directly and clearly in inches before the floating begins and must not slow work processes. Bino Construction shall not be held responsible for any such delays and or adjustments once work has commenced or after work has been completed. • Lead times apply for all material orders. • Bino Construction will comply with the following Labor Compliance Requirements on all public projects upon estimate approval: (Prevailing Wage, SB85, SB 854, Labor Code sections 1771.1(a) & 1725.5, Public Works Contractor Registration Program, Electronic Certified Payroll Records to Labor Commissioner, and other requirements described on the direct links provided: http://www.dir.ca.gov /Public - Works /SB854.html. • Estimated work time is approximately I week per deck. However, city requirements or changes, engineering or architectural changes, site access and coordination changes, RFI delays, and weather and other unforeseen conditions may impact time to completion. • The total price provided is good only if all decks are approved together. An additional 15 percent applies per section if any amount less than three deck revair sections above are avvroved. Mditioiiai' BoM and 1't��,�s�ar�� .�,: $ 925.00 Total Estimate: $ 18,775.00 Page 4 of 5 Agreement No. 4987B Comments: • All of the above work to be completed in a substantial and workman like manner according to standard construction practices and codes. • Any alteration or deviation from the above specification involving extra cost of material or labor will only be executed upon written orders for the same and will become an extra charge over the sum mentioned above. • The cost of permits and permit processing is not included. Contractor to be notified if obtaining permits is requested • All agreements must be made in writing. • Contractors are required by law to be licensed and regulated by the Contractors State License Board. Any question concerning a contractor may be referred to the registrar of the board, whose address is: CSLB, 3132 Bradshaw Rd. P.O. Box 26000, Sacramento, CA 95826. • Right to cancel: You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. • Proposal is valid for 30 days. r — ��"ti�`ti�3`d�'� .•�a�zr.'lzrrrw— '�'ivz�t i—t t�. ids . °' '—t �n.��.y°y� " `°ie�i�e " • ,��n- al��td �ti�r�t��Pl�l�l��e��rm��a�d- ley-- lia��a- ast��a�. , 'Wa alff"-, • Terms of payment -A 40% down payment is due upon signing. Payment in full is due upon cozy 2letion. A a "nance chq � !21'2. 0% er month a a Ali s° iv ai?y amount due. Acceptance REVESTH0031016 The undersigned hereby authorizes you to furnish all material and labor required to complete the work mentioned in the above proposal. The undersigned agrees to pay the amount stated in said proposal upon presentation of billing. Dated day of Acceptor's Printed Name Acceptor's Signature 2016 Page 5 of 5 Agreement No. 4987B I'Abc ou . The Ohio Casualty Insurance Company SURETY RIDER CHANGING AMOUNT OF BOND WHEREAS, on or about 1/29/2016 The Ohio Casualty Insurance Company as Surety, (hereinafter called the Surety) issued its Bond No, on behalf of James McNary, dba Bino Construction as Principal in favor eO undo as Obligee, in the amount of o Citv of El Se....� -e� . irty One Thousand ... SixvFovtand No /100 ___ _ -- Dollars ($31.065.(M ` ' and WHEREAS, it is the desire of the parties to said Bond that the amount thereof shall be increased or decreased as hereinafter provided; NOW, THEREFORE, it is hereby stipulated and agreed that, with respect to any loss or losses sustained through acts or omissions occurring on or after ___ 3/6/2016 - -- _ m the amount originally stated been said Bond (or the amount to which said original amount may have be subs equently �en changed by rider) is hereby changed to Forty Nine Thousand Eight tp�lalt� l_Fort and No /100 ....___ ..., .... ....... —_ Dollars ($49,840.00) Provided, however, (1) that the liability of the Surety for any loss sustained through acts or omissions occurring in any period during which the coverage shall have been in the same amount shall be limited to the amount of coverage in force at the time such acts or omissions occur; and provided further that the aggregate liability of the Surety for any and all losses sustained through acts or omissions occurring during the life of said bond, irrespective of the number of changes made in the amount thereof, shall not be cumulative as to periods during which the coverage was in different amounts, and shall not in any event exceed the largest amount of said bond at any one time; (2) if the attached bond contains a provision limiting the time for discovery of loss after the cancellation of the bond, and if this rider decreases the amount of said bond, the amount by which the coverage is decreased shall be considered as having been canceled as of the effective date of such decrease for the purpose of computing the period allowed for the discovery of loss. Signed, Sealed and Dated: March 23, 2016 Rider Changing Amount of Bond (Not to be used with Fidelity or Blanket Bonds) S -3863 James McNary, dba Bino Construction Agreed to and accepted by: By. -- - -C�tv of E�l.. Segundo THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in tAglpg >r �q fin ertt}K��i� dated. Certificate No. 7188545 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmedcan Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies "), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Aaron West. _A,k,gel Firat Buck Forcia James Bounds: Jason Ford all of the city of Scottsdale state of AZ each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 24th day of November 2015 r us, rp era are irk rA„ American Fire and Casualty Company ��pr, •,� rr� 1'r., r, � ;' „�� r�xwl , The Ohio Casualty Insurance Company Liberty Mutual Insurance Company 1906 , t'pl s �� 1912 1991 , West rnerican Insurance Company ” 41 w —. 2 y �� = STATE OF PENNSYLVANIA ss David M. Carey, Assistant Secretary COUNTY OF MONTGOMERY pt On this 24th day of November 2015 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and w Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, .2 s execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 8ti IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written„ COMMONWEALTH OF PENNSYLVANIA Seal Teresa PaPtella, Notary ry public B y. 1/ 4 � . Plymouth Tw Mont o County 0 ` My Commission Expires Mar ch 28, 2 017 Teresa Paste l la, Notary .Public LL C: m This Power of Attomey is made and executed ursuant town authorit of the following By-laws and Authorizations t ons of 6 �N^ w 1r#V 1 1" L. p y y g y horizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance p ;., Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV – OFFICERS – Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, Q acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E r powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so 0 ` executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under r. 1. the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII – Execution of Contracts – SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, >: and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation – The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization – By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this Z 32 rI� day ofp M Are h t0X) (AyrR, srd , ertla LMS,m 12873 122013 � i�r darea b� 1912 iM M"�P.�iid gry�1 1991 V !n ,20A6_ M By, g Gre ry o W, Davenport, Assistant Secretary 46 of 200 Agreement No. 4987B Agreement No. 4987 Bond No. 609004854 Bond Fee: $931,95 BOND CONDITIONS liff ME, . I , Agreement No. 4987B Agreement No. 4987 DOORS /DECK IMPROVEMENTS 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. � f SIGNED AND SEALED this ., b-- °day o f rsLkqgc ,t __.. ...._......_ , 20 16 NCII'AL's PRESI PRINCIPAL's MAILING ADDRESS: SURETY '6 A f°l OR Aksel Firat IN- FACT,, w SURETY's MAILING ADDRESS: 12101 Van Blvd IJnit'34 6�2 Manle Avenue Svlmar A 41342 Keene NH NOTE: (1) ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. (2) Bond shall be effective for one (1)y ear after acceptance of the job. Agreement No. 4987B Agreement No. 4987 CoMacde gnu I ounty C"t rk of th aunt iri rirw for said CoUntY of Do In U" aS�a�r�Vf"ot w GrJk4�N��L .� � � rM�:aGs��!�a.�� ,,. "��tt��liU ��S�C;��. rr�aw� �"(r dlPr 41:1 ' trr�ti eta COUNTY Ct,Ett Agreement No. 4987B Agreement No. 4987 Bond No. 609004854 Bou ¶ar6 F= $931.95 James McNary, dba Bino Construction, as principal ("PRINCIPAL") and Ohio Casualty Insurance Company, a corporation incorporated under the laws of the State of New Hampshire and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ► bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of THIRTY-ONE THOUSAND, SIXTY-FIVE DOLLAR ($31,065), lawful money of the United States, which may be incr1 or decreased by a rider bond, for the payment of which sum PRINCIPAL bind themselves, their d assigns, by this instrument. This bond is conditioned upon and guarantees payrnent by PRINCIPAL ai. " ac performance and persons renting equipment; payment by PRINCIPAL and all PRINCIFIAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the • A l 1 in SPECIFICATIONS ►. PARK VISTA SENIOR DOORS/DECK IM►- O ! public works r ^y for such Public Project, and for all work or labor of any kind tp.',r the Public Project. In the case of any default in the perfon-nance 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 + reclamation, penalties, , i„ arising by reason of such default, MMMENZESM M � 1 `i 1� 3. PRINCIPAL will pay . 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. ,n This bond is conditioned upon and guarantees compliance applicable including, . do Municipal Code SURETY, 5. «. received, agrees that no changes, extensions time, alteration or modification of SPECIFICATIONS NO. u PARK r SENIOR HOUSING �� ► St � 1 1 ►� -. ! �i '1 - or modification of the contract documents or of the obligation to be performed. Agreement No. 4987B Agreement No. 4987 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. SIGNED AND SEALED this ?l:ayi''` ;Itr „mmmmm,, 2016 )Itl(°)AL's PRESI PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: (2) Bond shall be effective for one (1) year after acceptance of the job. Agreement No. 4987B Agreement No. 4987 Cgrlijificat9 pumuent to 995.640(s) Civil Pmeedure I I dN iW County Clerk of the County w d �, tatx of Cai'hlolnia, in and for said County of DOHERIIs« GFT'r�F gHAT i�a�"� � ��419r� �._. � b�" """..' �^ � m ' "" r��6� �8�n a4 ➢tl�d� ��ad �IYd x�.�iitVt�ia in unt p x'��'Qwl�aa�n canceled, I have hereunto set my hand and affixed the seal of said Coun on COUNTYCLERK OePuty County Clerk Agreement No. 4987B Agreement No. 4987 STATE OF On this 29th day Of _j.auuAEy_._,_ in the year 2016 before me, Runde, . . ....... . —8 COUNTY OF Maricopa Notary Public, State of Arizon .—, duly conunksioned and sworn, personally appeared Aksel Fl ;0 personally known to me (or proved to me on the basis of satisfactory be trio perion(s) whose name Is/are subscribed to tile within Instrument, and acknowledged to me that helshe/they executed the same In his/her/their authorized capacity(ics), and that by his /her /their A rnnturey t n he I jr inept the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. woo mom "0" putik . WITNESS my hand and official seal. Jaw A My (Seal) Nohirylltibfi hart ufArizona My commission expires 613. /Zo.) STATE OF COUNTY 01"- persoantly appi�u_ied On this day of In the year before me, a Notary Public, State of duly cognmissioned and swam, personally known to me (or proved to me on the breiii; of satisfisetary evidence) to be the name Islare subsedbed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her /their and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed WITNESS my hand and official scal. (Seal) — EE Notary Public, State &T_' My commission expires . ......... STATE Of On this day of in the year ) ss. before me, . ...... . COUNTY OF---) Notaly IlUllic, State af gioried andowom, dWy coinrnI4 ✓ personally appeared personally known to nic (or provcd to rile oil the bmis of'sadifactury evidence) i to be live persan(s) whose nninc jqare sitbseribed to tire withh's liminmient, and acknowliedged to me that h0sheldley executed the sunic in his/her/their authorized coillicity(ics), and filut by 1110her/their signuture(s) on Oic Instrument the person(s), at, tile catity upon behalf of which the persan(s) acted, executed the Inmrurnent. WITNESS my hand and official seal. (Sent) Notary Public, State of My commission expires . . . .... . ............................. STATE OF On this day of in the year ss. before me, . ................ ____ a COUNTY OF Notary Public, State of duly commissioned and swam, personally uppamcd . ... ........ personally known to me (or proved to me on the basis of satisractory evidence) to be the person(s) whose name is/are subscribed to the within instrument, and acknowledged to me that he /she/they executed the same in his /her /their authorized capacity(ics), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which tile person(s) acted, executed the Instrument. WITNESS my hand and official seal. (Seal) Notary Public, Stale of . . ..... My commission expires THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGRA em ent NO. 4J)ot b This Power of Attorney limits the acts of those ulanled horein, and they have no authority to bind the Company except in th2g.f"MeRt UW 498ilated. Certificate No. 719 8819 American Are and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the Stale of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the " Companles'), pursuant to and by authority herein set forth, does hereby name, constitute AkselmFirat Burk Ford James Bounds Jason Ford and appolnP, ,,, Aaron West: _...wv ......... ......... ........_ all of the city of Scottsdale__,, slate of .,A each Individually if there be more than one named, Its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed _......._. thereto this 241h day of ,......November .....................: ..��.�.6..... t g�, G•✓ w American Fire and Casualty Company The Ohio Casualty Insurance Company Y 006 �, y l o 1 014 1912 1991 ` Liberty Mutual Insurance Company West Ajriercan Insurance Company Uiw ry B f �r �-�- ya STATE OF PENNSYLVANIA ss David M. C (ey A msTapil Secretary COUNTY OF MONTGOMERY On this 24th day of.November 2015 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and w Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. I COMMONWEALTH OF PENNSYLVANIA 1'y aM Asha Teresa PaPlelle,N9tery �ublic y ey: ,,, ..... .... Plymouth w�„ Notarial Seal � 1 i ,u w My Commission Expires March 29,2017... lr"r °,1 t'aw�, tr qV� , tMlraf;�71"y 8�6ut191f.... Morolmr. Pbyi hy�aur 0a Asso dation of Notaries d) This Power ofAttorney is made and executed pursuant to Imi, authority of the following By -laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance qy ;, Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, ,0— acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations sal forth in their respective I E y powers of attorney, shall have full power to bind the Corporation by their signature and execution or any such instruments and to attach thereto the seal of the Corporation. When so J0 M executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to allach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M, Carey, Assistant Secretary to appoint such attomeys -in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto sat m hand and affixed the seals of said Companies this da of r 20� Y p Z y ct•� 14 tuG of t``w u r rrdi'�"" F a 1906 �f 1919 ✓ "�+ d' '� b X hp✓ LMS 12873,122013 �WW 1912 r ✓ 1991 " IN Gregory Davenport, ..... .. g ry avp Assistant Secretary 119 of 200 Agreement No. 4987B Agreement No. 4987 CALIFORNIA ALL- PtLRPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 t'oa:4t -Y,s ,�.' *d; aka n.;wa.dw f I y of the individual a . ..... mil ail to will di thii cerfi icate is tiac�lmd�aand n tp 111c, �tii�tfitiiidaii iid t�r� irrlc,y „taoi vriiidityof (fiat docur lc.rilirlc,il Ilan State of California ) County of ' ) On ...�:� �..ti,..e.....- _.... before me , Date Here Insert Name and Title of the personally appeared Nrrr l r of Si . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . who proved 'to me on the basis of satisfactory evidence to I o the per.�on(s) Whose natne(s) is/are- subscribed to the within instrument and acknowledged to ri °ro 111at ho/she/they eal,c uteri the sane in his/ her /tfreir authorized capacity(ies); and that by hisAx rAlialr signature(sa) inn the Instrurrient the perzon(*), or the entity upon behalf of which the persons) acted„ executed the instrurnent. I tiNI L I tl4 BAKER Commission # 2131693 Notary Public - California Los Angeles County My , Comm Expares Oct 25, 2019 I CerlifY undc4, PENAf. " "hY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct, WITNESS in hand and official seal Signature(. Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this .form to an unintended document Description of Attached Docur j lent v Title or Type of OrL�i.Ment: fi iff e o, c ut � l' e nIt : �Date: Number of Pages: Si ne s Other Named Above: Capacrty(ies) Ciain1&by8igner(s) Signer's Name: Signer's Name: ❑_ -... . Corporate Ol`ficpr. Titles) ❑ Corporate Officer 1 itle),P u �mm . ❑ Partner — ❑ Limite~ri t• oita r, l ❑ Partner — ❑ Limited 1..1 general ❑ Individual ❑ Attorney in 1 ecf, 1 lndivlajual ❑ Attorney in-Fact ❑ Trustee ❑Guardian or Cotlser�rator t 1-Tiuste e ❑Guardian or Conservator .a � Pother: ner Is Re "...,. .�.�. .�., Si .,. W... Other presenting: Si ner Is fie rseratrra .._ g p . 02014 National Notary'Association • www-NationalNotary.org • 1- 800 -US NOTARY (1-800-876-6827) Item #5907 Agreement No, 4987B Agreement No. 4987 CALIFORNIA ALL - PURPOSE ACKNOWILEDCIIIIENT CIVIL CODE § 1189 0.,ns ;G 45.E w .v „Ss i 'Me tw °ai dGw t Sm.i &,a A nolzq polllk; 01, 011101 ofkxg 1ao 1ple irltl 1.114#4 cortiiic"'Ite venter eerily the ir,torltlly of 11aa; i11(iivirtu.11 whc)l silinod, tho docur rend to which 1iiis r ePfriir,;;1le is atladeed, arld r1 (,)t file frritlifrllness, acci acy, or va.111dity of ll' w11 dootin .,nt" State of Calilorilia � ) County of ) 1 7 I on before me, I � 1, Date x f Here Insert Name and Title of the Officer personally appeared aarlre rt of who proved to rile on the 1,)aSIS of aatjslaratory oviderwo to be the persons) Whose nanle(s) is/are �-�1nrbscritla, l to the within instrument and acknowledged to 1710 that 110/shc/t'hr e eculed the sail1e in I11 tIC'rJt 1C it lrtPi+lrP t C apacity(ios), and that by n tile instrun'lent the person (s), or the entity Maori behalf of which tale person() ,acted, executed the instrurnent. OANIEL XIRK BAKER Commission # 21131893 = Notary Public • California Los-Ang(fles County My Comm F mires Oct 25, 2019 I certify indva, PENALTY" OF PERJURY under the laws of the State of California that the foregoing paragraph is trine and cotTect.. WETNESS my hand and official seal. 4' f r .Mi Signature Signature of Notary Public Place Not&yZeal Above OP770MAL Though this section is optional, completing this information can deter alteration of the document or` fraudulent reattachment of this .form to an unintended document. Description of Attached Do u e�1t !, � �r Title or Type of Docurr�gnt:. �� r , , 1�..m.,:m....n Ioir�Iler�t Date Number of Pages: Signer(s) Other'han ,Named Abovew Cdpacaty(ies) Claimed "by'Signer(s) �rcrlers,r4ano: _ .., _.�....__�:..�...... Signe Name ❑ Corporate Ofc pr — Ttl s : p C d o ate Off_fi � � "1�e_ .� T... t le ( ) ❑ Partner — ❑ I- imiltd� .. General r Limited ❑ G e� lorat ❑ Indvdual ❑ Attorey'it, .�._ ....._�.� l a 1tdrvrdual ❑ Attomey in -f=act ❑ Trustee ❑ Guardian or Cons �t ar ❑ Trustee ❑ Guardian or Conservator ❑ Other. r -1,, Omer, igner Signer•Is opresetltretg..� ,.. ._.._.... .. S P "Ietresntrn g" 02014 National Notary r�A",.s+s�o"" c' tioMn .., www NationaN �Gr"iNowt.�a "aryS' .os r�g ^1 t8„; 0�0 -U, iS Moo NOTARY (1- 800 - 876 -6827) Item #5907