HomeMy WebLinkAboutContracts & Agreements_37-2021PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") is made and entered into this 16th day of March,
2021, by and between the City of Redlands, a municipal corporation, organized and existing under the
laws of the State of California (hereinafter "City"), and Three Peaks 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:
SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the
following: Demolition of existing fencing, sidewalk and landscape, installation of City of Redlands
monument sign, planter, fencing, decomposed granite and sidewalk, complete all items as required
by the Contract Documents (as herein defined) and Specifications for City's 6'h Street Gateway
Landscape Rehabilitation Project FCS01 112021KG (the "Work").
2. CONTRACT SUM: City shall pay Contractor the sum of eighty two thousand nine hundred eighty
nine dollars ($82,989) 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 required to be withheld by City pursuant to an escrow agreement as set forth
in Public Contract Code section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within one hundred twenty (120)
calendar days from and after the date of the delivery to Contractor of the 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 five hundred dollars ($500) for each
consecutive calendar day in excess of the specified time for completion of the Work. Execution of
this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) 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 liquidated damages and shall not be construed as a penalty,
and may be deducted from payments due the Contractor if such delay occurs.
CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice
Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement Performance,
Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and
any addenda thereto (collectively, the "Contract Documents").
6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or
conditions of this Contract, or 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.
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three
hundred seventy five thousand dollars ($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
1
LAcaldjmlAgreementsUhree Peaks Corporation.PW-3. 1.FY20-0085.docx.jn
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.
2
1,Aca1djmlAgreemen0Three Peaks Corporation.PW-3. 1.PY20-0085.docx.jn
IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written
above.
(SEAL)
ATTEST:
e Donaldson, City Clerk
Ci of Redlands
By.
Paul T. Barich, Mayor
(SEAL)
Three Peaks Corp
Name of Contractor
By:
_c"—�r
Signature of Authorized Agent
President
Title
Signature of Authorized Agent (if necessary)
Title
941528
Contractor's License No.
3
L:IcaldjiMAgreements\Three Peaks Corporation.PW-3.I.FY20-0085.docx.jn
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Facilities & Community Services Department
6'' Street Gateway Landscape Rehabilitation Project
FCSO 1112021 KG
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
a. By being insured against liability to pay compensation by one or more insurers 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 may be given upon 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.
CHE K ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires 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 and activities required or permitted under this Agreement.
(Labor Code § 1861).
I affirm that at all times, in performing the work and activities required or permitted under this
Agreement, I shall not employ any person in any manner such that I become subject to the workers'
compensation laws of California. However, at any time, if I employ any person such that I become
subject to the workers' compensation laws of California, immediately I shall provide the City with a
certificate of consent to self -insure, or a certification of workers' compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
Dated this 23rd day of February 2021.
Three Peaks Corp
o actor)
r
(Si re)
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.)
4
LAcaldjnrlAgreements\Three Peaks Corporation.PW-3.1.FY20-0085.docx.jn
Executed in Duplicate Bond No.: 24248462
Premium: $1,196.00
FAITHFUL PERFORMANCE BOND Subject to Adjustment Based on Final Contrail Price
Whereas, the City of Redlands ("City"), State of California, and Three Peaks Corporation
(hereinafter designated as 'Principal") have entered into an agreement dated March 16th, 2021
("Agreement") whereby Principal agrees to install and complete certain public improvements (the
"Work"), which said Agreement is identified as 6th Street Gateway Landscape Rehabilitation Project
and is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the
faithful performance of the Work, now, therefore, we, the Principal and, Three Peaks Corporation,*as
Surety, are held and firmly bound unto the City in the penal sum of
Eighty Two Thousand Nine Hundred Eighty Nine & 001100 dollars ($ 82 989.00 ) lawful money of the United
States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents. *The Ohio Casualty Insurance Company
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 perform the covenants, conditions and provisions in the Agreement and any 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
faithfully 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 successfully 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 Work, 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 hereunder 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 Work in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Work 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 Agreement price,
but not exceeding, including other costs and damages for which Surety may be liable hereunder, the
5
LA\ea\djm\Agrmments\Three Peaks Corporation.PW-3, 1.PY20-0085.dooxJn
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 may reject any contractor or subcontractor which may
be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.
Surety shall not utilize the Principal in completing the Work 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 further 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 named herein or the successors or assigns of the City. Any suit under this bond must
be instituted within the applicable statute of limitations period.
The 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 performed thereunder
or the Specifications accompanying the same shall in any way affect its obligations on 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 final settlement between the City and the Principal shall abridge the right of any
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 shall 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 duly executed by the Principal and Surety above
named, on _ _ _ February 18, 2021.
(SEAL)
Three Peaks Corp.
ontractor)
(Signature)
Erik Simmons, President
(Seal and Notarial Acknowledgment of
Surety)
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The Ohio Casualty Insurance Companysaa No.a�
(Surety)
BY:
e F. McMahon (Signature)
Attorney- n-Fact
Address: 790 The City Drive South, Suite 200
Orange, CA 92868
Telephone ( 714 ) 634-5712
LAca1djmlAgreementsMrce Peaks Corporation.PW-3.1.FY20-0085.docx.jn
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189
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 San Diego
9
On FEB 19 2021 before me, Janice R. Martin
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Lawrence F. McMahon
*my
JANICE R. MARTIN
Notary Public . CaliforniaSan Diego County23 commlislon 9 OW Comm. Expires Jul 29, 2024
, Notary Public,
who proved to me on the basis of satisfactory evidence to
be the person(, h whose name(#h is/#t# subscribed to the
within instrument and acknowledged to me that hel#)y#jy #y
executed the same in his/ff#f/,ff)I## authorized capacity(##),
and that by his/H&/#WsignatureWb on the instrument the
person(W, or the entity upon behalf of which the personWh
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
VV1tr ss�m—yam_ a d and official s
Signature
Place Notary Seal Above Sig t e of Notary Public Janice R. Martin
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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner ❑ Limited ❑ General
9 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Surety Company
Top of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s): —
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Liberty Mutual®
SURETY
Liberty Mutual Surety
1001 4th Ave Ste 3800
Office: 206-473-3533
As part of its business continuity efforts during the pendency of the COVID-19 pandemic, Liberty
Mutual Insurance Company ("LMIC") on behalf of itself and the companies listed below has
authorized its Attorneys -in -Fact to affix its corporate seal for surety obligations in a digital format
in lieu of its traditional raised seal to any bond issued on its behalf by any such Attorney -in -Fact:
Liberty Mutual Insurance Company
Liberty Mutual Fire Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
Safeco Insurance Company of America
American States Insurance Company
Please note that the digital seal utilized by our authorized agents will also include their agency
specific reference number.
LMIC agrees and affirms on behalf of itself and the other companies listed herein, that the digital
corporate seal referenced above has the same binding effect when affixed to a bond or a Power
of Attorney document as if it were a raised corporate seal.
Effective this 23rd day of March, 2020.
By
Renee C. Llewellyn, Assistant Secretary
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.
Liberty Liberty Mutual Insurance Company
mutull® The Ohio Casualty Insurance Company Cerfificate No: 8197174
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation 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 West American 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,
Janice Martin, Lawrence F. McMahon, Sarah Myers
afl of the city of San Diego state of CA 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, recagnizances 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 23rd day of October 2018
Liberty Mutual Insurance Company
tNs�R 411 Irusup � INSU The Ohio Casualty Insurance Company
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David M. Carey, Assistant Secretary
State of PENNSYLVANIA >
County of MONTGOMERY ss W
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On this 23rd day of October , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutua{ Insurance
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Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
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therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
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Q��tloNWg F{ COMMONWEALTH OF PENNSYLVANIA
Notarial Seal�3
OF Teresa Paslella, Notary Public v
Upper MertonTwp., Montgomery County By:
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This Power of Attomey is made and executed pursuant to and by authority of the following Bylaws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
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Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
b a)
2
ARTICLE IV — OFFICERS: Section 12. Power of Attorney.
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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
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President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
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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
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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 executed, such
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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
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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.
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ARTICLE X111— Section 5. Surety Bonds and Undertakings.
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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,
i.
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 respective powers of adomey, 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 Dav'd 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, Renee C. Llewellyn, the undersigned, Assistant Secretary, 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 17th day of February, 2021 .
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7
LMS-12073 LMIC OCIC WAIL Multi Co 06201E
Bond No.: 24248462
Executed in Duplicate Premium Included in Performance Bond
Iw:11;16J;V41►I111urr0DIZ.1 VA0:111CIE
Whereas, the City Council of the City of Redlands, State of California, and Three Peaks
Corporation (hereinafter designated as "Principal") have entered into an agreement (the
"Agreement") whereby Principal agrees to install and complete certain designated public
improvements (the "Work"), which said agreement, dated March 16, 2021, and identified as 6th Street
Gateway Landscape Rehabilitation Project is hereby referred to and made 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 corporate surety, are held firmly bound
unto the City and all contractors, subcontractors, laborers, material men and other persons employed
in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the
sum of Eighty Two' dollars ($82 989.0 for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or labor, that said
surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in
case suit is brought upon this bond, will pay, in addition to the face amount 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. "Thousand Nine Hundred Eighty Nine & 00l100
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 3 (commencing 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, and 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 February 18 12021,
(SEAL)
Three Peaks Corp.
(Cantractor)
(Si ature)
Erik Simmons, President
(Seal and Notarial Acknowledgement of Surety)
(SEAL)'
0 1919
>;
The 0
'o Casualty Insurance Company
.v.�.,
(Surety)
BY:
ence McMahon (Signature)
tt ey-in- act
Kress: 790 The City Drive South, Suite 200
Orange, CA 92868
Telephone: ( 714 )
7
L:1ca\djm\AgreementslThree Peaks Corporation.Pw-3.1.FY20-0085.doexjn
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189
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 San Diego
On FEB 18 2021 before me, Janice R. Martin Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Lawrence F. McMahon
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(Q whose name($h is/#f# subscribed to the
within instrument and acknowledged to me that helms#fflf"
executed the same in his/##ffM#jf authorized capacityuMflj,
and that by his1y#fj*W# signature(>' h on the instrument the
personal, or the entity upon behalf of which the person(jM
E. F JANICE R. MARTIN
Notary Public - Californla
acted, executed the instrument.
San Diego County
� � Commission R 23309b9
certify 1 ti under PENALTY OF PERJURY under the laws of
•�.:`
^<i;. •' My comor, Expiees Jul 24, N24
the State of California that the foregoing paragraph is true
and correct.
Witness my Ilan and official seal.
Signatu
Place Notary Seal Above
Signaty a of otary Public Janice R. Martin
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:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
Corporate Officer—Titie(s):_
Partner ❑ Limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
Surety Company
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Liberty Mutual®
SURETY
Liberty Mutual Surety
1001 4th Ave Ste 3800
Office: 206-473-3533
As part of its business continuity efforts during the pendency of the COVID-19 pandemic, Liberty
Mutual Insurance Company ("LMIC") on behalf of itself and the companies listed below has
authorized its Attorneys -in -Fact to affix its corporate seal for surety obligations in a digital format
in lieu of its traditional raised seal to any bond issued on its behalf by any such Attorney -in -Fact;
Liberty Mutual Insurance Company
Liberty Mutual Fire Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
Safeco Insurance Company of America
American States Insurance Company
Please note that the digital seal utilized by our authorized agents will also include their agency
specific reference number.
LMIC agrees and affirms on behalf of itself and the other companies listed herein, that the digital
corporate seal referenced above has the same binding effect when affixed to a bond or a Power
of Attorney document as if it were a raised corporate seal.
Effective this 23rd day of March, 2020.
By: Zwi-/'CA�
Renee C. Llewellyn, Assistant Secretary
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.
-• Libertx
mutual.
SURETY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
1011A=I[:3e1ff-Alife] N►1=VA
Certificate No: 8197174
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation 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 West American 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,
Janice Martin, Lawrence F. McMahon, Sarah Myers
all of the city of San Diego state of CA 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 23rd day of October , 2019 .
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1° State of PENNSYLVANIA
� County of MONTGOMERY ss
Liberty Mutual Insurance Company
P� S INSUAQ P4q`f INSO 1NSURq The Ohio Casualty Insurance Company ataRpO?QyCin =LORPO gpQ9yn `GP2 ORP�R4rFa West American Insurance Company
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David M. Carey, Assistant Secretary
m I On this 23rd day of October , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o
0 Company, The Ohio Casualty Company, and West American Insurance Company, and that be, 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. u w
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,
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COMMONWEALTH OF PENNSYLVANIA
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Teresa Pastella, Notary Public
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Member, Pennsylvania Association of Notaries
Pennsylvania, on the day and year first above written.
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0) w This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
o .S Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
NARTICLE 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
-o a President may prescribe, shah appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seat, acknowledge and deliver as surety
M N any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective 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 executed, such
z u 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 — 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 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 seat 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, Renee C. Llewellyn, the undersigned, Assistant Secretary, 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 l7th day of February, 2021
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