HomeMy WebLinkAboutContracts & Agreements_151-2014_CCv0001.pdf AGREEMENT FOR SINK HOLE REPAIR SERVICES
This agreement for the performance of making repairs to a sink hole and flood control culvert
("Agreement") is dated as of the 11th day of August, 2014 and incorporates obligations verbally made
as of August 5 2014 ("Effective Date"), by and between the City of Redlands, a municipal corporation
("City"), and Matich Corporation, ("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:
ARTICLE I -ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor to perform repairs to a sink hole and flood control culvert at the
intersection of California Street and Redlands Boulevard (the "Services") located in the City of
Redlands.
1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required
for the performance of the Services, and shall not be debarred pursuant to Labor Code sections
1777.1 and 1777.7.
ARTICLE 2-RESPONSIBILITIES OF CONTRACTOR
2.1 The specific Services which Contractor shall perform shall be determined at the job site at the
direction and approval of a Municipal Utilities and Engineering Department representative.
2.2 Contractor shall comply with all applicable federal, state and local laws and regulations in the
performance of the Services including, but not limited, to all applicable Labor Code and
prevailing wage laws and non-discrimination laws, and the Americans with Disabilities Act.
Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per them wages as
determined by the Director of the California Department of Industrial Relations for each craft,
classification or type of worker needed to perform the Services are on file at City's Municipal
Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A
(Mailing: P.O. Box 3005), Redlands,California 92373.
2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wages that City may enforce such provisions by withholding payments to Contractor or its
subcontractors pursuant to Labor Code section 1771.6.
2.4 If Contractor executes an agreement with a subcontractor to perform any portion of the Services,
Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the
subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5,
1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for
failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by
City pursuant to Labor Code sections 1775 and 1813.
2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776
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regarding payroll records maintenance,certifications,retention and inspection.
2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor
Code section 1810.
2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships,
and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
2.8 Contractor shall guarantee the Services against defective materials or workmanship for a period of
(1) year from the date of City's issuance of a Notice of Completion for the Services, except where
longer warranty periods are specifically provided by manufacturer of equipment installed in
connection with the provision of the Services. During the (1) one year warranty period, should
Contractor fail to remedy defective material and/or workmanship, or to make replacements within
five (5) days after written notice by City, it is agreed that City may make such repairs and
replacement and the actual cost of the required labor and materials shall be chargeable to and
payable by Contractor or his surety.
All work which has been rejected by City, shall be remedied, or removed and replaced by the
Contractor at its own expense. Any defective material or workmanship which may be discovered
before final acceptance of the Services or within(1) one year from the completion date specified in
the Notice of Completion, shall be corrected immediately by Contractor at its own expense
notwithstanding that such defects may have been overlooked in previous inspections and estimates.
Failure to inspect work at any stage shall not relieve the Contractor from any obligation to perform
sound and reliable work as herein described. It is Contractor's responsibility to deliver at the time of
final acceptance a completed project that complies in all details with this Agreement.
City will endeavor to locate any errors or defective materials or workmanship and call them to the
attention of Contractor prior to subsequent work being performed. However, City is under no
obligation to do so and shall not be held liable because errors or defective material or workmanship
by Contractor are not discovered prior to subsequent work.
Nothing in this section shall be construed to limit the rights of City to immediately correct
conditions which may be unsafe or which may pose a public health nuisance. Should said
conditions later be found to be caused by defective material and/or workmanship, Contractor and its
surety shall reimburse City for costs reasonably incurred while attending the situation.
ARTICLE 3 -PERIOD OF SERVICE
3.1 Contractor commenced the Services on August 5, 2014,upon City's verbal request to Contractor
due to the emergency conditions that existed and in an effort to prevent further damage to the
existing flood control culvert located at the intersection of California Street and Redlands
Boulevard. Those Services are ratified by the City Council of the City of Redland by this
Agreement.
3.2 Contractor shall perform the Services in a diligent manner and at the direction of a City Municipal
Utilities and Engineering Department representative.The Services shall be deemed complete upon
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the City's acceptance and the filing of a Notice of Completion.
ARTICLE 4-PAYMENT AND NOTICE
4.1 City shall pay Contractor based on a time and materials basis for work approved by a Municipal
Utilities and Engineering Department representative based on the established rates shown in
Exhibit"A", not to exceed an amount of Two Hundred Thousand Dollars($200,000).
4.2 Payments by City to Contractor shall be made within thirty (30) days after City's receipt and
approval of Contractor's invoice,by warrant payable to Contractor.
4.3 All notices shall be made in writing and shall be given by personal delivery or by mail. Notices
sent by mail shall be addressed as follows:
City: Contractor:
Chris Diggs Jake Reade
Municipal Utilities and Engineering Department Matich Corporation
City of Redlands 1596 Harry Sheppard Boulevard
P.O. Box 3005 San Bernardino,CA 92408
Redlands,CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States mail;
in all other instances, notices, bills and payments shall be deemed given at the time of actual
delivery. Changes may be made in the names and addresses of the person to whom notices are to
be given by giving notice pursuant to this section 4.3.
ARTICLE 5 -INSURANCE AND INDEMNIFICATION
5.1 All insurance required by this Agreement shall be maintained by Contractor throughout
Contractor's performance of the Services, and shall be primary with respect to City and non-
contributing to any insurance or self-insurance maintained by City.
5.2 Workers' Compensation and Employer's Liability insurance in the amount that meets statutory
requirements with an insurance carrier acceptable to City, or certification to City that Contractor
is self-insured or exempt from the workers' compensation laws of the State of California.
Contractor shall provide City with Exhibit "B," entitled "Workers' Compensation Insurance
Certification," which is attached hereto and incorporated herein by this reference prior to
occupancy of the Premises.
5.3 Contractor shall secure and maintain in force throughout its performance of the Services
comprehensive general liability insurance, with carriers acceptable to City, with minimum
coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars
($2,000,000) aggregate for public liability, property damage and personal injury. City shall be
named as an additional insured and the insurance policy shall include a provision prohibiting
modification of coverage limits or cancellation of the policy except upon thirty (30) days prior
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written notice to City. A certificate of insurance and endorsements shall be delivered to City
prior to commencement of the Services.
5.4 Contractor shall secure and maintain in force throughout its performance of the Services business
automobile liability coverage, with minimum limits of One Million Dollars ($1,000,000) per
occurrence, combined single limit for bodily injury liability and property damage liability. This
coverage shall include all Contractor owned vehicles used for the Services,hired and non-owned
vehicles, and employee non-ownership vehicles. City shall be named as an additional insured
and the insurance policy shall include a provision prohibiting modification of coverage limits or
cancellation of the policy except upon thirty (30) days prior written notice to City. A certificate
of insurance and endorsements shall be delivered to City prior to commencement of the Services.
5.5 Contractor shall indemnify, hold harmless and defend City and its elected officials, employees
and agents from and against any and all claims, losses and liability, including attorneys' fees,
arising from injury or death to persons or damage to property occasioned by any negligent or
intentionally wrongful act or omission of Contractor, and its officers, employees and agents, in
performing the Services.
5.6 Contractor is expressly prohibited from assigning any of the work associated with the Services
without the prior written consent of City. In the event of agreement by the Parties to assign a
portion of the Services, Contractor shall add the assignee as an additional insured to its insurance
policies and provide City with the insurance endorsements prior to any work being performed by
the assignee. Assignment does not include printing or other customary reimbursable expenses
that may be provided for in this Agreement.
5.7 Prior to and as a condition of Contractor's performance of each Project, Contractor shall execute
and deliver to City a Labor and Materials Payment Bond as required by Civil Code section 5990, in
a form as set forth in Exhibit "C," and a Faithfull Performance Bond, in a form as set forth in
Exhibit"D,"which are attached hereto and incorporated herein by reference.
ARTICLE 6 -GENERAL CONSIDERATIONS
6.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of
this Agreement the prevailing Party shall, in addition to any costs and other relief,be entitled to
recover its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party.
6.2 All documents, records, drawings, electronic data files and data base, photographic prints and
negatives, designs and specifications, cost estimates, and other documents developed by
Contractor for the Services shall become the property of City and shall be delivered to City upon
completion of the Services.
6.3 Contractor is, for all purposes under this Agreement, an independent contractor with respect to
the performance of the Services and not an employee of City. All personnel employed by
Contractor to perform the Services are for its account only, and in no event shall Contractor or
any personnel retained by it be deemed to have been employed by City or engaged by City for
the account of, or on behalf of, City. Nothing in this Agreement shall be considered to create the
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relationship of employer and employee between the Parties.
6.4 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion
and acceptance of the Project by City.
6.5 City may terminate this Agreement for any reason, at any time at its sole discretion,upon five(5)
calendar days prior written notice to Contractor.
6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work
associated with the Services and (2) deliver or otherwise make available to City, copies of any
data, design calculations, drawings, specifications, reports, estimates, summaries, and such other
information and materials as may have been accumulated by Contractor in performing the
Services. Contractor shall be compensated on a pro-rata basis for any work completed up until
notice of termination.
6.7 This Agreement, including the exhibits incorporated by reference, represents the entire
agreement and understanding between the Parties as to the matters contained herein and any
prior negotiations, proposals and agreements relating to the subject matter hereof are superseded
by this Agreement. Any amendment to this Agreement shall be in writing and approved by City
and Contractor.
6.8 This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
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IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confinnatinn of
this Agreement.
CITY OF REDLANDS MATICH CORPORATION
Icy L'
Pete Aguilar,Mayor Jae Meade,-Project Manager
ATTEST
mm
Je,a*6 Donaldson' ,Deputy City Clerk
1AcaNdjm�AgTccmcnts�Mafich Sink Hole repair 8 420 14 Agre&mentdoc
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Exhibit "A"
Rates
Time and materials method shall be formulated as identified below. All labor costs shall comply with
Article 2 shown above.
The Contractor is responsible for tracking costs and for notifying the City in writing when costs
approach 50% and 75% of the Not-to-Exceed amount. In addition, if the Services cannot be completed
within the Not-to-Exceed limit, the Contractor shall notify the City in writing, and in a timely manner,
that the limit requires an increase. The City will only reimburse eligible costs up to the Not-to-Exceed
amount.
Such lump sum shall conform to the following schedule of percentages of the total amount of direct
expenditures of the Contractor and subcontractors.
Direct Expenditures Markup Percentage
Contractor direct labor 20%
Contractor direct materials, equipment, other items
and expenditures 15%
Subcontractor(of any tier) direct labor 20%
Subcontractor(of any tier) direct materials,equipment,
other items and expenditures 15%
When all or any part of the Services is performed by a Subcontractor,the markup established above shall be
applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the
subcontracted portion of the work and a markup of 5 percent on work added in excess of$5,000 of the
subcontracted portion of the work may be added by the Contractor.
Equipment Costs
The rates for equipment shall not exceed the rates listed in the most recent published edition in the
Caltrans Labor Surcharge and Equipment Rental Rates (Caltrans LS&ERR). If the equipment is not
listed in Caltrans LS&ERR,then the Rental Rate BIue Book shall be used.
The rates paid for any rented or leased equipment or tools shall include the cost of fuel, oil, lubrication,
supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage,
insurance and all incidental costs associated with the operation of the equipment or tools.
It is the responsibility of the Contractor to include any appurtenances added to equipment which would
increase the basic rate for said equipment (i.e., hoe-ram, oversize bucket, and etcetera) as established in
the acceptable rental rate guide. All equipment and/or tools shall be acceptable to the Inspector, in good
working condition, suitable for the purpose for which it is to be used, and necessary to complete the
work. Payment will be based on the manner in which the equipment was actually powered, operated and
modified per the equipment manufacturer's recommendations.
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EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
I
(a) By being insured against liability to pay compensation by one or more insurers duty 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,
CHECK 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)a
-1 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,
Matich Corporation Date:
By-
J,t-e , a*de
8
Bond Number- 24058635
Premium- Included in Performance Bond
EXHIBIT "C"
LABOR AND MATERIAL PAYMENT BOND
Whereas, the City of Redlands, State of California, and Matich Corporation (hereinafter designated as
"Principal") have entered into an agreement (the "Agyreenient") whereby Principal agrees to install and complete
certain designated public improvements (the "Work"), which said agreement, dated August 11, 2014, and
identified as California Street and Redlands Boulevard Intersection Sink Hole Repair is hereby referred to
and made a part hereof;and
Whereas, under the terms of said Agreement, Principal is required before commencing upon the
performance of the Work, to file a good and sufficient payment bondwith the City of Redlands to secure the
claims to which reference is made in Title 3 (commencing with Section 9000) of Pail 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 of Redlands and all contractors, subcontractors, laborers, material men and other persons employed in the
performance of the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of
Two Hundred Thousand Dollars (-$200,000.00) for materials furnished or labor thereon of any kind., or for
m
aounts due tinder 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 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 9000)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 nine, alteration or addition to the
terms of said 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
August 11 2014,
(SEAL) (SEAL)
Matic h car tion Liberty Mutual Insurance Company
r (Su
Jj It
Mark T, tilmahsignan-'re) Vice President Heaffier Saltarelli ( anlre)Aftorin6y-in-Fact
Address: 330 N, Brand Blvd,Suite 500
(Seal and Notarial Acknowledgment of Surety) Telephone(818)--9,9B--425D---
8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 0m9c
On AUG 11 2094 before me, K. Luu, Notary Public
cafe we UumtNom and TWd ala
personally appeared Heather Saltarelli
N"9)0130948)
who proved to me on the basis of satisfactory evidence to
be the person(A) whose name($) is/ft subscribed to the
Within instrument and acknowledged to me that
Wshefthfby executed the same in riisber/W&authorized
capaciiy(M),and that by Biter/M signature(A)on the
K.LUU instrument the person(A), or the entity upon behalf of
Commission # 1955906 which the person($)acted,executed the instrument.
ap=r Notary Public-California z
z ="° orange.County D I certify under PENALTY OF PERJURY under the laws
' My Comm.Expires Nov 6.2015 of the State of California that the foregoing g g paragraph is
true and correct.
WITNESS my hand an.4 official seal.
Signature y��/
Pae.Hoary SON Ab" etprwun of Nolary PubIIC
OPTIONAL
Though the lntbmwilon below is not required by taw,N may prove traluable to persons re"g on the docurnent
and could promg 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(fes)Claimed by Signer(s)
Signer's Name: Signers Name:
❑ Individual ❑Individual
Q Corporate Officer—Tltle(s): ❑Corporate Offlcer—Tftle(s):
❑ Partner—❑Limited ❑General ❑Partner—❑Limited ❑General
IN Attorney In Fact ❑Attorney In Fact
❑ Trustee Top o1 ftmb here ❑Trustee Toa of dwmb nate
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other.
Signer Is Representing: Signer Is Representing:
0WVtAdWWNmryArocWm-MoDa3doAmkP.aew2/p2•ClrtauorlKCA9131 •WWLN6mMoWyn bma5007 RptderCdTo4Aee180p878�627
Bond Number: 24058635
Premium: $1,484.00
EXHIBIT "D"
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands ("City"), State of California, and Matich Corporation (hereinafter
designated as "Principal") have entered into an agreement dated 111h, 2014 ("Agreement") whereby
Principal agrees to install and complete certain public improvements (the "Work"), which said
Agreement is identified as California Street and Redlands Boulevard Intersection Sink Hole
Repair 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 Agreement,now,therefore, we, the Principal and Liberty Mutual Insurance Company
as Surety, are held and firmly bound unto the City in the penal sum of Two Hundred Thousand Dollars
($200,000) 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 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 Agreement, the above obligation
shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance
of the work by the City, during which time if the Principal shall fail to make full, complete, and
satisfactory repair and replacements and totally protect the City from loss or damage made evident
during this period from the date of completion of the Work, and resulting from or caused by defective
materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force
and effect. The obligations of Surety 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 Agreement in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Agreement in accordance with its terms and
8
conditions, and upon detertrimation 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 or less the
balance of the Agreement price, but not exceeding, including other costs and damages for
which Surety may be liable hereunder, the amount set forth above. The term "balance of
the Agreement price," as used in this paragraph, shall mean the total amount payable to
the Principal by the City under the Agreement and any modifications thereto, less the
amount previously property 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 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 herell'i 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 arly 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 AUqUaJ 11 20W
(SEAL) (SEAL)
Matich Corporation Liberty Mutual Insurance Comp ny
(Contractor) (Surety)
BY�
(Signature) Vice President Heather Saftdr6ni (Signaturd-)_Attorne -in-Fact
Akcirk T� Hickman
Address-. 330 N. Brand Blvd., Suite 500
Glendale, CA 91203
Telephone: (818)956-4250
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Oran e
On AUG 2014 before me, .K. Luu, (Votary Public
oma _ m w.c
personally appeared Heather Saltarelli
Nor»(sr810-f(S)
who proved to me on the basis of satisfactory evidence to
be the person($)whose name($) is/ft subscribed to the
within instrument and acknowledged to me that
tWshetfty executed the same in hislherAt%W authorized
K. LCU capacity(IM), and that by 1`hfterlthfbrt signature(A)on the
Commission # 1955906 instrument the person(A), or the entity upon behalf of
at= - Notary Public -California z which the person($)acted,executed the Instrument.
z�;�.:F""'m
'•'' Orange County r
My Comm. Expires Nov&,2015 1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my handd�fficial seal.
Signature
Rra Noresr sed boa. etpntlu»at tklery a„eec
OPTIONAL
Though fie information below is not required by law,It may prove valuable to persons ralying on the doaane nt
and could prevent ft udulent removal and reattachment of this torm to another doaumenf.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer(iii)
Signer's Name: Signer's Name:
❑ Individual ❑Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑limited ❑General ❑Partner—❑Limited ❑General
13Attorney In Fact ❑Attorney In Fact
❑ Trustee lop of rnwnb Here O Trustee "Topol7lumbtwere
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other. ❑Other.
Signer Is Representing: Signer Is Representing:
Oaoorr+neawNowy ron•neon.Soo ho,Mew x4ox•aKeMw1n cA913132• Newa.rywq roemrsaor nsod«adTaR.sZ-eoo-9re.esrr
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
'this Power of Attorney limits the acts of those named herein,and they have no autborityllor bind the Companyexcept in the mannerand tothe extent herein stated,
Cerfificate No,�EF_,4437
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 Anterican Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the lam of
the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duty 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, Heather Saftareffi:James A.Schaller:Jeri Apoda_c&Kim_LuLr Michaal Q.Parizft;Rochelle Rheault f4honda,Q.Abel
all of the city of_ Newport-Beach state of_�A_each individually if there be more than one named,its true and lawful aftomey-in-fact to make,execute,seal,acknowledge
and deliver,for and on its behaif as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance oflhese presents and shaft
be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS VMEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed
thereto this 19th day of_Etbrua O1_4 >
a
...... American Fire and Casualty Company It
The Ohio Casualty Insurance Company Q,
Liberty Mutual Insurance Company a
West American insurance Company
A
X
STATE OF PENNSYLVANIA ss bswid M. assistant Secretary
COUNTY OF MONTGOMERY
: 03
5 Z = C
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On this math day of et ruery _20 14, before me personally appeared David Mwh
,Carey, o acknowledged himself to be the Assistant Secretary of American Fire and
4) Casualty Company,Liberty Mutual Insurance Company,The Ohio Casuafty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so tea do,
40-2 execute the foregoing instrument for ft purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer,
4") IN WITNESS MEREOF,I have hereunto subscribedmy namp,and affixed my notarial seal at Plymouth Writing,Pennsylvania,on the day and year first above wiffien, 0 C
C
irc
By.
Teresa Pastella Notary Public
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C This Povier of Attorney is made and executed,pu t:1 dliprity of the fbilowing By-laws and Authorizations of Arnimcon Fire and Casualty Company,The Ohio Casualty Insurance LO C
Company,Liberty Mutual Insurance Comparry"and"' of A Insu Company which resolutions are now in full force and effect reading as follows: C
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ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject
to such limitation as the Chairman or the President may prescribe,shall appoint such aftomays-in-fact,as may be necessary to act in behaff of the Corporation to make,execute,seal,
O.S acknowledge and deriver as surety any and all undertakings,bonds,recognizances and other surety oblig ations. Such aftomeysin-fact,subject to the limitations set forth in their respective
E 6powers of aftomey,shall have full power to bind the Corporation by their signature and execution of any such instruments and to allach thereto the seat of the Corporation, Men so
1.4� 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 atterney-in-fact under >
the previsions of this article may be revoked at arty time by the Board,the Chairman,the President or by the officer at officers granting such powler or authority.
".0 eN
ARTICLE Xill-Execution of Contracts-SECTION S.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or thepresident, 4Z
> and subject to such firnitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to actin behalf ofthe Company to make,execute.
seal,acknowiedge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such aftomeys-in-fact subject to the limitations set forth in their
Z respective powers of aftomey,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal ofthe Company. Men so 0 C
executed such Instruments shall be as binding as if signed by the president and attested by the secretary.
.
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M,Carey.,Assistant Secretary to appoint such attomeys-sn-
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 Comparry's Board of Directors,the Company consents that facuuntilis or mechanically reproduced signature ofany assistant secretary of the
Company,wherever appealing upon a cerfifted copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
1,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and
West Arrienican Insurance Company do hereby canny that' original power of attorney of which the foregoing is a full,true and correct copy of the Power olAftomey executed by said
Companies,is in full force and effect and has not been revoked.
IN TESTIMONY V%HEREOF,i have hereunto set my hand and affixed the seats of said Companies this day of AUG 112014
4
f;
By,
Gregory V1J,Davenport,Assistant Secretary
LIVIS12873122613 472 of 500