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HomeMy WebLinkAboutContracts & Agreements_155-2013_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this day of 11'q 2013, by and between the City of Redlands, a municipal corporation organized and exiWng under the laws of the State of California, (hereinafter "City"), and MCC Equipment Rentals, Inc. (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 shall furnish all materials and perform all of the work for the following: 2013 CIP WATER PIPELINE REPLACMENT PROJECT —PHASE 1, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's 2013 CIP WATER PIPELINE REPLACMENT PROJECT—PHASE 1,Project No. 71243. 2. THE CONTRACT SUM: City shall pay Contractor the sum of$1,541,231.93 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 110 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$500 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 $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 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, Special Conditions, Special Provisions and 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. 8. 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 parties hereto have executed this Agreement the day and year first written above. City of Redlands (SEAL) (Owner) By: _ ,':L 1�, Mayor, City of Redlands, County of San Bernardino,California ATTEST: — �,�- k City Clerk, Ci of R dlands County of San Bernardino, California (SEAL) Name of Contrato - f By: Signature of Auho ed Agent Title Signature of Authorized Agent(if necessary) Title _ 1 w Contractor's License No. CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities&Engineering Department 2013 CIP WATER PIPELINE REPLACMENT PROJECT—PHASE I Project No. 71243 Labor Code,Section 3700,provides, in part that: "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 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 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. 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 provisions before commencing the performance of the work of this contract. (Labor Code section 1861) -T71 Dated this-,D dayof-,1J ',A-f- 2013. �A Is, (C6mractor) 3 (Signature) A A txA Ey-e--5'�6-1, (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.) CD 4 B6ND Nob2404929 PRE TIU,M•. 18,.9 12.00 FAITHFUL PERFORMANCE BO EXECUTED IN DUPLICATE Whereas,, the City of Redlands {"City'), State of California, and MCC Equipment Mentals, (hereinafter designated a "Principal" have entered into an agreement dated l� , 2013 j"A nV) whereby Principal aligrees to instal and complete public improvements (the "Work'), which said Agreement is identified as 2013 CIP WATER PIPELINE REPLACMENT PROJECT—PHASE i,Project No. 71243 and is hereby referred to and made a part hereof;and said Principal is required under the terms of the Agreement to frish a bind for the hithfal performance of the Agreement, now, therefore, we, the Principal and THE OHIO CASUALTY, S ,as Surety,are held and firmly bound unto the City in the penal sum of one million five hundred farcy-one thousand two-hundred thirty-one dollars and ninety- cents ($1,541,231.93) lawful money of the United Mates, for the payment of which sum we bind ourselves, and our heirs, successors, executers and administrators,,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded ' ai, 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 previsions in the Agreement and any al 'on 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 fir true intent and meaning,and shall faithfully fulfil the one-year guarantee of all materials and workmanship, and shall defend,indemnify and save hamiless the City and its elected officials,officers,agents and employe,as therein stipulated,then this obligation shall bene null and void;otherwise it shall be and remain in fall force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included casts and reasonable expenses and fees, including reasonable attorneys' fees,incurred by the City in successfully enforcing such obligations,all to be taxed a casts and:included in the judgment rendered. As a condition precedent to the satisfactory completion of the Agreernerd, the above obligation shall hold good for a period of one (l) year or longer if required by the Agreement after the ac cc of work by the City,during which time if the Principal shall fail to make fill, complete,and sa tory repair and replacements and totally protect the City from loss or damage mace evident during, this period from the date of completion of the Wolk,and resulting from or caused by defective materials or faulty workmanship,the above obligation in penal sun thereof shall remain in full force and effect. The obligations of Surety hereunder"l continue o long as any obligation of the Principal remaims, 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 term 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 pray the coast of completion of the Work less the balance of the Agreement CIS 5 -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 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 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 ftirther 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. The Surety 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. In witness whereof, this instrument has been duly executed by the Principal and Sureiy above named,on- juLy 18th 2013. (SEAL) (SEAL) MCC EQUIPMENT RENTALS, INC. THE O CASUALTY INSURANCE COMPANY (Contractor) ely"%_.. (Siwe) MICHAht D. STONG ($i' ture) ATTOR -IN-FACT Ji, Y 51 V\_ U 1%, Ink, A+OS i&�� Address: 790 THE CITY DR. SO SUM 200 (Seal and Notarial Acknowledgement of Surety) ORANGE, CA 92868 Telephone: (714 ) 634-3311 CD 6 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California I County of RIVERSIDE zE R. NAPPI "NOTARY PUBLIC" �}n � f �_ before me, , (Here insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the person,(,8�whose name(,olslamsubscribed to the within instrument and acknowledged to me that he/she wy executed the same in his/4en4heir authorized E capaci and that by hisAwd44Wr signature(<on the instrument the per onX,or the entity upon behalf of l which the person�sfacted,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. k R. NAPPI WITNESS my hand and official seal. .., COMM.#1977782 :102 NOTARY PUBLIC-CALIFORNIA RNERSM COUNTv (Notary seal) My Conan.E June 7,2016 Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknouvledgment completed In California nett contain verbiage exactly as Ili DESCRIPTION OF TTiE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment Jori must be s properly completed and attached to that document. The out), exception is if a 1 document is to be recorded outside of California.In such entrances,mo,alternative (Title or description of attached document) acknotriedgment verbiage as nrav be printed on such a document so tong as the I verbiage does not require the notary to do something that is illegal for a notary in I I California(i.e, certifying the auihorifed capacity of rhe signer,{. Please check the for proper form if required (Title or description of attached document continued) document carefultyroer notarial wardingand attach this �I fy Number of Pages Document Date * State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment, * Date of notarization must be the date that the signer(s)personally,appeared which must also be the same date the acknowledgment is completed. ! (Additional information) * The notary public must print his or her name as it appears within his at her commission followed by a comma and then your title(notary public), * Print the name(s)of document signer(s)who 1 appear at the time of personally notarization, CAPACITY CLAIMED BY TI-IE SIGNER * Indicate the correct singular or plural forms by crossing off incorrect forms(i.e, he/she/they—, is/are)or circling the correct forms=Failure to correctly indicate this 0 Individual(s) information may lead to rejection of document recording. 0 Corporate Officer * The notary seal impression must be clear and photographically reproducible. Impression must not cover text of litres.If seal impression smudges,re-seal if a I (Title) sufficient area permits,otherwise complete a different acknowledgment folia. l El Partner(s) * Signature of the notary public must match the signature on rile with the office of l the county clerk. 0 Attorney-in-Fact Additional information is not required but could help to ensure this D Trustee(s) acknowledgment is not misused or attached to a different document 0 Other Indicate title or type of attached document ment,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary), i * Securely attach this document to the signed document 200g Version CAPA v12.10.07 8OD-973-91165 Nva w,NotaryClasses.com BOND No.024049293 PREMIUM INCLUDED IN PERFORMANCE EXECUTED IN DUPLICATE LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and MCC Equipment Rentals, Inc. (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 L-Jut 4 2013, and identified as 2013 CIP WATER PIPELINE R PLACMENT PROJECT—PHASE 1,Project No. 71243 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 one million five hundred forty-one thousand two-hundred thirty-one dollars and ninety-three cents ($1,541,231.93) 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. 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. CD 7 In witness whereof, this instrument has been duly executed by the Principal and surety above named,on. JULY ,lath _,2013. (SEAL) SEAS.,) MCG QIIPMENT RENTALS, INC. (Contractor) 6��r "f l (Si fitrc = MICHAEI D. STONG(Si b ature) ATTORNEY—#—FACT E ' Address: 790 THE CITY DR S() STTTTF 2 nr (Seal and Notarial Acknowledgement of Surety) ORANGE, CA 92868 Telephone: (714 CU 8 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California l County of RIVERSIDE } On 71 ci before me, R. NAPPI "NOTARY PUBLIC" ( (Here insert Hume and title of the officer} s personally appeared MICHAEL D. STONG I who proved to me on the basis of satisfactory evidence to be the person,(g' whose name(of is/are-subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in hisAwrhheir authorized capacity0e4 and that by his/h4AUak signature 'on the instrument the person;or the entity upon behalf of which the persongacted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph i is true and correct R. NAPIP1 WITNESS my hand and official seal, COMM,#1977782 NOTARY PUBLIC-CALIFORNIA vs RfMRVM CC}tINTY hl myCorim e7,2016 Signature of Notary Public (Notary Seal) ADDMONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM � An} acknanvledgment completed in California must contain verbiage exacthy as [i DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknatyleai'gment form must be [ properly completed and attached to that docrtment. The only exception is tf a document is to be recorded outside of Cal f unia.In such instances,arty alternative (Title or description of attached document) acknowkagment verbiage as may be printed an such a document so tong as the verbiage does not require tate notary to do something that is illegal for a notary it, !j California(i.e. certifying the authorized capacity of the si"gna Please check the �( (Title or description of attached document continued) document carefully for proper notarial wording and attach dusform ifrequired I F Number of Pages Document Date • State and County information must be the State and Carunh;where the document signer{s}personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signet(s)personally appeared which � _ must also be the same date the acknowledgment is completed. ( (Additional infomxition) - The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary Public). • Print the name(s)of document signer(s)who personally appear at the time of notarization, t CAPACITY CLAIMED BY T14E SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.c. © Individual(s) 4e1shc1 , is tare)or circling the correct forms.Failure to correctly indicate this information may lead to re,#ection of document recording. d Corporate Officer . The notary seal impression must be clear and Phonographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. i 0 Partner(s) • Signature of the notary public must match the signature on file with the office of l the county,clerk- 0 Attorney-in-Fact a Additional information is not required but could help to ensure this Q Trustee(s) acknowledgment is not misused or attached to a different document, 0 Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i,e,CEO,CFO,Secretary). 1 • Securely attach this document to the signed docausent LL=___ 2008 Version CAPA vl2,10.07 800-873-9865 i+'cvcv.blotaryClasses-corn THIS POWER OF ATTORNEY IS NOT VALID UPNESS 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.5999520 P 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 WestAmerlcan Insurance Company i is a corporation duly organized under the of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Jeremy Pendergast;Michael D.Slicing;Rosemary Nappi j all of the city of Riverside state of CA each individually if there be more than one named,its true and lawful attomey-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. i 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 20th day of February 2013 y, ff American Fire and Casualty Company The Ohio Casualty Insurance Company rn Liberty Mutual Insurance Company West American insurance Company y C By: > t2rZ STATE OF WASHINGTON ss Gregory W.Davenport,Assistant Secretary C ,.:i COUNTY OF KING M C On this 20th day of February 2013 before me personally appeared Gregory W. Davenport,who acknowledged himself to be the Assistant Secretary of American M v to Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do, :,N p� execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. 0 � By: pil Ptd. o�r C KD Riley,No Public d - L 3 aid o < 0- C t4 C This 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 m ey 2 Company;Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: .0 o LTl to ,E„ ML ARTICLE IV-OFFICERS-Section 12.Power ofAttorney,Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject Q C 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, p= 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 3 E 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 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 >-C O 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.Sure Bonds and Undertakings.An officer of the Company authorized for that u ng y p N M C Surety g Y P Y purpose in writing b the chairman or the resident, 00 v 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, z 04 p seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their o0 Z 0 respective powers of attorney,shall have Riff 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 O o executed such instruments shall be as binding as if signed by the president and attested by the secretary. O Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such ~P 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 certffied 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,David M.Carey,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,titat 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 day of If By ' David M.Carey'Assistant Secretary i LMS 12873 092012 247 of 500