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HomeMy WebLinkAboutContracts & Agreements_196-2016 PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 20th day of September, 2016, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and Matich Corporation (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK: Contractor shalt furnish all materials and perform all of the work for the following: PARIS 2015 RESURFACING PROJECT (1029-1490), complete all items as required by the Contract Documents (as herein defined) and Specifications for City's PARIS 2015 RESURFACING PROJECT (1029-1490), PROJECT NO. 41063. 2. THE CONTRACT SUM: City shall pay Contractor the sum of$8,739,532.00 as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300. 3. TIME FOR COMPLETION: The Work shall be completed within 210 calendar days from and after the date of the delivery to Contractor of a written Notice to Proceed by City. 4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of $1,000 for each consecutive calendar day in excess of the specified time for completion of Work. Execution of the Contract shall constitute agreement by City and Contractor that $1,000 per day is the estimated damage to City caused by the failure of the Contractor to complete the Work within the allowed time. Such sum is for liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs. 5. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set forth herein, to wit; Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General Requirements, Technical Specifications, and any addenda thereto. 6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions of the Contract documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. CD 1 7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of $375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. S. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project. 9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound. 10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents. 11. SEVERABILITY: Any provision or part of the Contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. CD 2 IN WITNESS WHEREOF, the pat-ties hereto have executed this Agreetrient the day and year first written above. City of Redlands (SEAL) (Owner) By� Mayor, City of Redlands, COL111ty of San Bernardino, California ATTEST: City Clerk. of Redlands 7 County of San Bernardino, California (SEAL) Matich Corporation Name of Contractor By- Sigirature of Authorized Agent at T. Hickman MCO President Title Signature of Authorized Agelit(if necessary') Title 149783 Contractor's License No. CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities & Engineering Departi-nent PARIS, 2015 REStIRFACING PROJECI' (1029-1490) PROJECT NO. 41063 Labor Code, Section 37010, provides, in part that: "Every employer except the State shall secure the payment of colripensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self- insure, either as an individual employer, or as one employer in a group of employers which n-iay be giVen, LIP011 furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provision', before commencing;the performance of the work of this contract. (Labor Code section 1$01) Dated this I'l' day 2 0 16, MatichCoipw,,-lion (Contractor) (Signature) Mark T. Hickman 'Vice President (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract,) CD4 Executed in Duplicate Bond Number: 24069175 Premium: $45,227 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and Matich Corporation (hereinafter designated as "Principal")have entered into an agreement dated September 20, 2016 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work'), which said Agreement is identified as PARIS 2015 RESURFACING PROJECT (1029-1490), PROJECT NO. 41063 and is hereby referred to and made a pail hereof; and Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement,now,therefore,we., the Principal and Liberty Mutual Insurance Com-pang „ , as Surety, are held and firmly bound unto the City in the penal stun of eight million seven hundred thirty nine thousand five hundred thirty two dollars and zero cents ($8,739,532.00) lawful money of the United States, for the payment of which surn we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perforin the covenants, conditions and provisions ut the Agreement and airy alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfillly fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfiilly enforcing such obligations, all to be taxed as costs and included in the judgment rendered. As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective.materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereimder shall continue so long as any obligation of the Principal remains. Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City's option: 1. Complete the Agreement in accordance with its terms and conditions; or 2. Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the CD 5 Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above. The term "balance of the Agreement price," as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal, Surety expressly agrees that the City inay reject any contractor or subcontractor which may be proposed by Surety in fulffllnient of its obligations in the event of default by the Principal. Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept a, bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City's objection to the Principal's ffirther participation in the completion of the Work. No right of action shall accrue on the bond to or for the use of any person or corporation other than the City nained herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period. Tile said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be perfori-aced thereunder or the Specifications accompanying the carne shall in any way affect its obligations oil this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. No filial settlement between the City and the Principal shall abridge the right of ally beneficiary hereunder whose claim may be unsatisfied, The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shad pay the City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum. In witness whereof, this instrument has been duty executed by the Principal and Surety above named, on -SeptembQr 23 , 2016. (SEAL) (SEAL) M.atich Corporation I...,iberty Mutual Insurance Company__.. I ctor) (Surety) ....... BY- d"(4 c, Mark'T. Hickman (Signature), V Prosident Heather Saltai-elli(Signk(tire)Attoi-iiey-iii-Fact Address: 790 The City Drive South, 4200 (Seal an(l Notarial Acknowledgement Of Surety) Orailg_eCA 92868 1'elephore714 )A34-5719 CD 6 CALIFORNIA L-P OW ACKNOWLEDGMENT CIVIL CODE§ 1189 'WXIM11 o C0QMr4 notary p"Gaubhc or cower officer C',"ore rWiurft fts cerfificat;e,, verifies only the identity cat the individual Who algrwed the doa.ff'nent to which thus oaohficate is aHas.hed,, rand not 0w tri.wP,hfwflnesa„accuracy,or vandity sof that docw.aient. State of CaMornia, � Caraaruty of Orae On_ before,�. �� � � � nda C ,bel �I�atar._..��k�'l.r.c.. rca a.,�.....I�kYa.�.�., w .. Date Here f'nse.^rt Name and Tfle of the Officer personally appeared ._-,......... �. Heather Saltarellr �,.... Narne(s) of k7ner(a) who proved to me on the basis of satisfactory evIrlen e to be the parararaf hose ruarrle( ) is/am au.ut„racrilaed to the within instrument and acknowledged to me that fv/she/6my, exec uteri, the sarne Err hk/hery ; authrardzerf eaapadty( ),and that by fherAX ignataare( )on the instraaraaerat the%person(g), or the entity upcaui behalf of waw hich the peraaarl(,a)acted„ e: ea;rruter the instrr.urruent. I r;ertif'y under PENALTY OF PERJURY LurAder the lawns of the Mate of C;aalkfrarraia that the frareptairwl paragraph 6.a trine arta correct. .• � WITNESS rny l wa I and official t FAA( (y ' NOTARY PUBLIC CAN dr©RNI1 COMMEXP0,E DEO.14,2017 ;reignature ignahP.rra, of Notary Public Place Notary Seal Above Ttu+augh fhhsw section is ru atit°nal, completing this rrtforrrr°atlr:u,ru carp deter aatteration of the draau.,rrrlent or frrvaradr.rlent reattaar.frrr ent of tfulla form to an uninterud.:leo,,J rtr+r:«ament, Description ription f Attached Doc urnent Tifle or Type of Drdrarruaaru't: ... _.. _...._... ... ......... M ,..... ,...,. '"uruaaw.ment Data ... .M.... ... M,.,, 6aara mer of Caacw�s ........., ,-, eplmr rfs) f. thwer 'ft-uaarw Narned Above: Capacity(les) Claimed by Signer(s) tuir it°reu~'a 6"alG:arrae: .....,w.,..�,� ....,...... igroer'a Narrue;.... ._�._ _.... �w _..... . ......_. ... Corporate Officer .w.., ". �° ur,er � fltte(a): Corporate Off icer — Tittla(a); ....�.. m Partraer .-. Jrniterrl General Partner — L'irnl ted General �ndi°wr6.,u aN x OAU arr"ey in Fact lndiwrur.LMI Attorney in Fant t"rusteeuar d� an or C°w o r�°sr. rvas.ta.,r- "rr etee C;uarr'f ia n or Conservator C there othreru L�gner'la Representung., ��ipruec lar Ra;presenfrrwyy .....w.. �...m _..._ frr2W 4 National Notary Association -www,tlaltarlaiNotary crg � 1-800- WTARY (t-800—" 7'fl®flt 27) lterrl #590 7 Executed in Duplicate Bond Number: 24069175 Premium: Included in Perf. Bond LABORAND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of Catifornia, and Matich Corporation (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public, iniprovements (the "Work"), which said agreement, dated September 20, 2016, and identified as PARIS 2015 ItESURFACING PROJECT (1029-1490), PROJECT NO, 41063 is hereby referred to and inade,a part hereof, and Whereas, under the terms of the: Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made, in Title 3 (commencing with, Section 9550) of Part 6 of Division 4 of the Civil Code,of the State of California, Now, therefore, said Principal and the undersigned as coiPorate surety, are held firlilly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreetrient and referred to in the aforesaid Code of Civil Procedure: in the sum eight million seven hundred thirty nine thousand five hundred thirty two dollars and zero cents ($8,739,532,00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Trisuranco Act with respect to Such work or labor, that said surety will pay the same in an arriount not exceeding the amount hereinabove set forth, and also in case suit is brought,upon this bond, will pay, in addition to the face atnorurt thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered, Tt is hereby expressly stipulated and agreedthat this bond shall insure to the benefit of any and all persons, compardes and corporations entided to file claims under Title 3 (cone-nencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or,their assigns in any suit brought upon,this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, arid it does hereby waive notice of any Such change, extension of time, alteration or addition. In witness whereof, this instrument has been duly executed by the Principal and surety above named, on --S�jc�rnber 23 , 2016. (SEAL) (SEAL) Matich Corporation Liberty Mutual Insurance Company .......... �(Cke,tr CPO-, (Surety 4 1�, ('u Mark T. Hickman (Signature) Vra President Heather Saltarelli(Sigilture) Attorney-in-tact Address-. 790 The City Drive South,-A200 (Seal and Notarial AcknowledgerlIffit Of SL�WOty) 0ra,n,geJCA.,92868 Telephone. ( 714 ) 634-5719 CD 7 CALIFORNIA ALL- PDGM CIVIL CODE§ 1189 '9 C." A notary pudic or rvtheir avffar.,er d..rvruntadetduna this r:ofultcate v"ehfiabe dndy the tderrtnty of the trndivtddual who sg n urq the dnnu-urnena to vi�Nv.h th'ts cortificate is attached,and not the�r��t�vCrd&d���^��,accuracy,of vaW ity of that docualent. tate of G@Hforna � COUnty 0f (�ratn�e On ,..,."�. ....raEP...2� 1 �......� before me, ...... ._..._...._Rhonda C ,�bel�Notary 1.,-- -,...,.v .., Dat'ae Here!unseat Name and Title of the Officer rebu-so madly appeared .,..__ . ......... ... __..... _....,..,,. .,..Heather Saltarelli. �,..,.m _..... ..,._. . ,.._ ..e, l rrne(s)of S,rr,ner~(s) who proved to rr°ne on the basis of satisfactory evidence to be the person(x) whose rn rrne( ) is/am Subscribed to the wiftn instrument and acknoWedged to me that [*./9he/&naX executed the same ki W,/her/,M0W rauMrtt°cH ed ca duty( )n and that any br lher/tMX signaturep cern the instravrrnent'lhe,frerson :), or the entity upon behalf of which the person(s) acted, e e rated the instrument. ent. 9 certlfy under PENALTY TY t PERJURY Under the lavva f the State of Califon,fla that the foregoing paragraph aph is true and correct, V/111'NESS rrq hand and off'ia'ial seal Signature ,A s cry a re. x naa s tart.ra,ztwi nature off°fdatar� Public 'lace,Notary Seat Above OPTIONAL Though this section is optional, completing thisinformation, can meter afteration of the C.fonw`4mument or f'latidyt.rler'rt reattachment of this form to an avrnlrnten edud document, Description of Attached Document _ ifle or Type of h°)cnervrnneaTyn't:. _...._ m_. ...... DOCr.uirrne"nrt Date Number of Pagea� . ...w ....q Sd g ner(nr"( Other 'nP ,n hda rnnedMd Above _ _... ...._. .,_. ..........._...a. alrecltny(ded.'d) ,Clelrned by Signer(s) Signer's kJ ame: fff rder`a drld°annidr. Corporate Officer __- Gutde(v,(: .w. n�... „ .., ,..,., ,x.,. Corporate Officer 'l"dtle(s(" frau~trier ,.,. L.nrNted General Partner -- UUnited Genera lrad°Mdwdu.rah x Attorney in Fact Individual Attorney in Prada Trustee Guardian or Conservator Trustee Guardan or Conservator t $d"drArd ....., .,.. .....,,... �.,....,.,_,. Other: ,.......,_,.,......_... ... ...... ..... Signer Is Representing w..w .. ... �m.. ,.��. ..,, _..,, . ... ,�.. &g ner la Representi ng', _. .._...�.._.. �.. (9) O'tdl hlatsornand Notary ;."">ociatlorm - drvlu"irw,Nitpdanav I''Vdrtary,ordg - tµlttt0--.1 j�"f "'d',OdR'"'Pr (t-t3tt0-8'76,-68 "f( Itewnn ttt"r 0'tr '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 the manner and to the extent herein stated. Certificate No, 7419908 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 WesiAmencan Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Comparl pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Heather Saltal James A. Schaller;Jeri Apodaca� Kim Liul Maria Guise; Michael D. Parizino; Rachelle Rheault; Rhonda C.Abel all of the city of Newport Beach ,state of CA each individually if there be more than one named,its true and lawfut 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 13th day of July 2016 cc N"S U American Fire and Casualty Company "C 16 The Ohio Casualty Insurance Company Liberty Mutual Insurance Company G 190f 19 t 2 1991 West merican Insurance Company V STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary rr its COUNTY OF MONTGOMERY C On this 13th day of July 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and 6 a) 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, >,Cr cD LL 0 execute the foregoing instrument for the purposes therein contained by sighing an behalf of the corporations by himself as a duly authorized officer, as M > 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. as COMMONWEALTH OF PENNSYLVANII C PAS�i —----------- 1 Seal here Pasta ll Notary Public By: 0 T ..................... or Plymouth Twp.,Montgamory County Teresa Pastella,Notary Public My Commission Expires March 28,2017 0 L:1� ISY ------ er.Pennsylvania Assoc[a fion of N a ciries 0 0 cls ny P3 fR 4� a M Thls Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance L Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in fu ii force and effect reading as follows cy 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 0 r M 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, >s 0 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 powers of all 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 M.2 >0 executed,such instruments shall he 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 M a)C "­ 6' 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. CS M r ARTICLE X111--Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman air the president, 0j E C% > 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 41 0 seal,acknowledge and deliliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their 4E oi Z 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 0 C executed such histruments shall be as binding as if signed by the president and attested by the secretary. 0 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. 1,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, S E P 2 3 2 016 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 20—. 19l 9 qi)I l8y: 1912 J Gregory W.Davenport,Assistant Secretary 'k Q, CID 200 of 200 LMS 12873­122013