HomeMy WebLinkAboutContracts & Agreements_22-2013_CCv0001.pdf AGREEMENT
This Public Works Construction contract ("Contract") made and entered into this 5th day of
February, 2013, 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:
I. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the
following:
Construction of the Redlands Municipal Airport Apron Rehabilitation, complete, as required
by the Contract Documents and Specifications for the REDLANDS MUNICIPAL
AIRPORT APRON REHABILITATION, Phase 11, Project No: 64082.
2. THE CONTRACT SUM: City shall pay Contractor the sum of $545,000.00 as
consideration for its performance of the Work in accordance with the terms and conditions
set forth in the Contract Documents.
A. Pursuant to Section 22300 of the California Public Contract Code, 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 Sixty (60) 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 one thousand dollars
($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 one
thousand dollars ($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,
Special Conditions, Special Provisions and Specifications, and any addenda thereto.
SC 1
6. CONTRACT PROVISIONS: A grantee's and subgrantee's contracts must contain
provisions in paragraph (i) of this section. Federal agencies are permitted to require changes,
remedies, changed conditions, access and records retention, suspension of work, and other
clauses approved by the Office of Federal Procurement Policy.
a) Administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as may be
appropriate. (Contracts more than the simplified acquisition threshold)
b) Termination for cause and for convenience by the grantee or subgrantee including the
manner by which it will be effected and the basis for settlement. (All contracts in excess
of$10,000)
c) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of NOVEMBER 13,
1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60).
(All construction contracts awarded in excess of $10,000 by grantees and their
contractors or subgrantees)
d) Compliance with the Copeland "Anti Kickback" Act (18 U.S.C. 874) as supplemented in
Department of Labor regulations (29 CFR part 3). (All contracts and subgrants for
construction or repair)
e) Compliance with the DavisBacon Act (40 U.S.C. 276a to 276a-7) as supplemented by
Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of
$2000 awarded by grantees and subgrantees when required by Federal grant program
legislation)
f) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor
regulations (29 CFR part 5). (Construction contracts awarded by grantees and
subgrantees in excess of $2000, and in excess of $2500 for other contracts which
involve the employment of mechanics or laborers)
g) Notice of awarding agency requirements and regulations pertaining to reporting.
h) Notice of awarding agency requirements and regulations pertaining to patent rights with
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respect to any discovery or invention which arises or is developed in the course of or
under such contract.
i) Awarding agency requirements and regulations pertaining to copyrights and rights in
data.
j) Access by the grantee, the subgrantee. the Federal grantor agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any
books, documents, papers, and records of the contractor which are directly pertinent to
that specific contract for the purpose of making audit, examination, excerpts, and
transcriptions.
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k) Retention of all required records for three years after grantees or subgrantees make final
payments and all other pending matters are closed.
1) Compliance with all applicable standards, orders, or requirements issued under section
306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in
excess of$100,000)
m) Mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
7. 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.
8. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by the 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.
9. ELIGIBILITY OF CONTRACTOWSUBCONTRACTOR: Contractor and any
subcontractors agree to 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.
10. ASSIGNMENT OF AGREEMENT: No assignment by a party hereto of any rights or
interests under this agreement will be binding on another party without the written consent of
the party sought to be bound.
11. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself, its partners,
successors, assigns, and legal representatives 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
)� -, �! rl
By:
Mayor, City of Redlands,County of
San Bernardino, California
ATTEST:
City Clerk, City of Redlands
County of San Bernardino, California (SEAL)
MMich corporation
Name of Contractor
By:
Signature of Authorized Agent
Zn
Robert M. Matick Vice President
Title
Signature of Authorized Agent(if necessary)
Title
149783
Contractor's License No.
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities&Engineering Department
REDLANDS MUNICIPAL AIRPORT
APRON REHABILITATION,Phase 11
Project No: 64082
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)
Dated this kk day of 2013.
Matich Corporation
(Contractor)
16161t—�Zll AQ1407
(Signature)
Robert M. Matich Vim pr9sident
(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.)
SC 5
Executed in Duplicate Bond No. 24049871
Premium: $3,988.00
PERFORMANCE BOND
Whereas, the City Council of the City of Redlands. State of Californian, and Matich Corporation
(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install
and complete certain designated airport improvements,which said agreement,dated-Feb.Luan1_6 , 2013,
and identified as Construction of the REDLANDS MUNICIPAL AIRPORT APRON
REHABILITATION,Phase 11,Project No:64082 is hereby referred to and made a part hereof-,and
Where-as, said Principal is required under the terms of said agreement to furnish a bond for the faithful
performance of said project.
Now,therefore,said Principal and Liberty Mutual Insurance Company , as surety, are held
firmly bound unto the City of Redlands (hereinafter call "City"), in the penal sum of Five Hundred Forty
Five Thousand Dollars and Zero Cents(154,5.000.00) lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, 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 hers heirs,executors,
administrator,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 said agreentent and any alteration thereof made
as therein provided, or his or their part, to be kept and per-formed at the time and in the mariner therein
specified, and in all respects according to their true intent and meaning, and shall defend, indemnify and
save harmless the City, its elected officials, officers, agents and employees, as therein stipulated, then
this obligation shall becorne 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 the face amount specified there-fore,there shall
be included costs and reasonable expenses and fees, including reasonable attorney's fees-incurred by the
City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered.
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 anywise 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_
Inwitness whereof, this instrument has been duly executed by the Principal and surety above named, on
February 6th 2013,
(SEAL) (SEAL)
MATICH CORPORATION LIBERTY MUTUAL INSURANCE COMPANY
A
Coitrac or) e —(SurX)
LFA e 1_t1X11_P_ n BY:
Robert M.MatiCh'Sh',;-flature) Vice PreSident Nanette Myorg. o ey-in-Fact
Address:330 N. Brand Blvd. Suite 500
Glendale, CA 91203
(Sea]and Notarial Acknowledgment of Surety) Telephone(818 1
SC 6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of �n e�_____
On FEB 0 6 2013 before m01 K. Luu, Notary Public
Date Here Inser-Name and Title of;he Officer '
personally appeared Nanette Myers
of S gne,(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name($) is/ subscribed to the
within instrument and acknowledged to me that
Wshe/tfib� executed the same in Ns/her/*Wt authorized
capacity(169), and that by ffdlherlWW signature(6) on the
All instrument the person(t,), or the entity upon behalf of
K, 11UU which the person($) acted, executed the instrument,
4,�A Commission o90
224N try Publliforni6
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Noakr� -Caa Z
I certify under PENALTY OF PERJURY under the laws
rat' >
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ge County
of the State of California that the foregoing paragraph is
itily Comm, BVires tjuw 6 Ms true and correct.
WITNESS my hand and',official seal.
Signature
PlaceNotary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by ja vl,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this 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: Signer's Name:
2, Individual 0 Individual
El Corporate Officer—Title(s): ED,Corporate Officer—Title(s):
Partner-13 Limited 0:General - E]Partner—Ej Limited 1-i General
N Attorney in Fact e 01 Attorney in Fact
Trustee ToP cthun,,u nere LE)Trustee Top of thumb here
El Guardian or Conservator i 0 Guardian or Conservator
ED Other- -_1 Other:
Signer is Representing:
Signer Is Representing'
02007 National NotprvMsocialion-9350 De Suzo Ave,PC.Box 24tY2-C)r;atswof1h,CA 91313-2402-�,,ww,'ia'�i-DraiNota,,y.oFg Rem#5907 Reorder:Can Td#-Frce800-3
Bund Na_ 24049871
LABOR AND MATERIAL BOND
`l ereams, the City Council of the City of Redlands, Mate of California, and ifatich Corporation
(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install
and complete certain designated airport improvements. which said agreement,dated. February 66 2013,
and identified as PCEDLANDS INIJJNICIPALOR's" APRON REHABILITATION, Phase 11,
Project ect ns 64€82 is hereby referred to and made a part hereof; and
Whereas, under the terms of said agreement, Principal is required before entering upon the performance
of the work,to file a good and sufficient payment bond with the City of Redlands to secure the claims to
which reference is made in "Title 15 (commencing with Section 3082) of fart 4 of Division 3 of the Civil
Code of the Mate of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firn-ly bund unto the
City of Redlands and all contractors, subcontractors, laborers, material risen and other persons employed
in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in
the sunt of Five Hundred Forty Pine Thousand Dollars and Zero Cents ( 54 , .fl 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 attorney's fees,incurred by
the City of Redlands its 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 band shall insure to the benefit of any and all
persons, companies and corporations entitled to file claims ander Title 15 (comilnencing with Section
3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to diem or their assigns in
any snit brought upon this bond.
Should the condition of this bond be folly performed, thea 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 said agreement or the specifications accompanying the same shall its 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
-Ee B1ar1t 6th 2013.
(SEAL)
MATICH CORPORATION LIBERTY MUTUAL INSURANCE COMPANY
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�77z"-;9e
- {Su -,) �
Robert K h (Signature,) Viola ftoidonI (Sig ure
Nanette Myers, MuCFa t
�ddre�s:330 N Bran. Suite 5_�0___
_- -----_Gle_rLdle�CA 91203
;Seal an d Notarial Acknowledgment of Surety) Telephone(818)--956-43' 8
SC 7
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, ~ -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State ofCalifornia
County of U
On FEB 0 6 20B
before me. K Luu Notary Public
Date Here Insert Name and Title of ihe-Oficer '
personally appeared Nanette Myers
who proved 0omeonthe basis ofsatisfactory evidence io
bethe pemon($) whose nemu(�) kgA*uuboohbed to the
within instrument and acknowledged to me that
h6/sh*/thdlyexecuted the same inYds/hon*NJtauthorized
capaoity(Idg). and that by W/ enMWmk]netuns(6) on the
instrument the pomon(t), or the entity upon behalf of
Commission # 1955906
which the pemon($) aoiad, 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.
WITNESS my hand official seaL
oq
p���*�a"*^u°=
Signature
Signature of Notary Publi.
OPTIONAL
Though the information below mnot required bylaw,itmay prove valuable to persons relying on thedocument
and could prevent fraudulent removal and reattachment of this fonnmanother document
Description mfAttached Document
Title orType ofDocument:
Document Date: Number ofPagea:
S|gnor(a)CtharTUauNamed Above:
Copaoity(ieo)C8e)mned bySigner(a)
Signers Name: Signer's Name:
O Individual O |ndividuu!
O Corporate Officer--T|xe(e): Ell Corporate Officer--TiUe(s):
O Pnnner—OLimited LE)General OPartner—OUmKed E-1 General
N Attorney inFact Oxuo,neyinFact
F". Trustee E]Trustee I TOP 01 thumb hee
OGuardian orConservator I OGuardian o'Conservator
O Cxbec EJ Other:
Signer}sRepresenting: Signer/mRepresenting:
________.
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5280311
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.
American Fire and Casualty Company
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company Peerless 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 oDirporallim duly organized under the laws of
the State of Ohio,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,that Peeriess Insurance Company is a corporation
duly organized under the laws of the State of New Hampshire,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein
collectively called the'Companiesl,pursuant to and by authority herein set forth,does hereby name,constitute and appoint, RHONDA C.ABEL JERI APODACA,NANETTE MYERS,
MICHAEL D.PARIZINO,JAMES A.SCHALLER,RACHELLE RHEAULT,KIM LULI...... .................................. ..........
........... ..................... ....................................
all of the City of NEWPORT BEACH State of CALWORNIA each individually if there be more than one named,its true and lawful attorney4n-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,reoognizances 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 PowerofAttomeyhasbeen subscibed by an authorized officerorofficial of the Companies and the corporate sealsofthe Companies have been affixed thereto this
29th day of March 2012
M
American Fire and Casualty Company V
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company Q)1
'i -2 � I J;� -- i�7/
0 P
4) �,r 1'7- SEX Peerless Insurance Company
4�11
V West American Insurance Company
CA .J
0 By:
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STATE OF WASHINGTON ss Gregory W.Davenport,Assistant Secretary
COUNTY OF KING 01
On this 29th day of March 2012 before me personally appeared Gregory W.Davenport,who acknowledged himself to be the Assistant Secretary of American Fire and >,U)
46 =1 Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,Peeriess Insurance Company and West American Insurance Company,and that he,as such,being 4)LU
authorized so to do,execute the bwjoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. sc- E
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IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle, s written.
"hington,on the day and year first above
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0 By. C!
KD Riley,Nota�#Public
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El
0
M1
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This Power of Attorney is made and executed pursuant to and by authority of the following By-laws andAuth6rizations of American Fire and Casualty Company,The Ohio Casualty Insurance
Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company,which resolutions are now in full force and effect reading as follows:
46
0114) 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
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0�S to such limitation as the Chairman or the President may prescribe,shall appoint such aftomeys4n-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, :6
E i 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 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 >
-.02 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 aftomey-in-fact under 4)0
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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.
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46 t: ARTICLE Xill-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president,
=1 and subject to such limitations as the chairman or the president may prescribe,shall appoint such aftomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute,
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seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys4n-fact subject to the limitations set forth in their 01-
respective powers of attorney,shall hm 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
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 Gregory W.Davenport Assistant Secretary to appoint such
aftomey-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 ofany assistant secretary of the
Company,wherever appearing upon a oBriffied copy of any power of attorney issued by the Company in connection with surety bonds,shaft be valid and bilding upon the Company with the
same force and effect as though manually afted. I
1,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,West
American Insurance Company and Peerless Insurance Company do hereby certify that the odginal power of attorney of which the foregoing is a NH above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked* FEB 0 ON
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of
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By
qk A 01 -i"
David M.Carey,Assistant Secretary
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