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HomeMy WebLinkAboutContracts & Agreements_96-2021PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 15th day of June, 2021, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City"), and Three Peaks Corporation (hereinafter "Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows 1 SCOPE OF WORK. Contractor shall furnish all materials and will perform all of the work for the following• construction and development of new baseball diamond, dugouts, batting cages, new turf irrigation system, infield and outfield turf, and erecting City provided light poles, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's Israel Beal Baseball Field Development Project FCS 10152020JS (the "Work"). 2. CONTRACT SUM. City shall pay Contractor the sum of one hundred five thousand seven hundred dollars ($105,700) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300 3. TIME FOR COMPLETION The Work shall be completed within ninety (90) calendar days from and after the date of the delivery to Contractor of the Notice to Proceed by City 4 LIQUIDATED DAMAGES Contractor's failure to complete the Work within the time allowed will result in damages being sustained by City Such damages are, and will continue to be, impracticable and extremely difficult to determine Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) per day is the estimated damage to City caused by the failure of the Contractor to complete the work within the allowed time Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. 5. CONTRACT DOCUMENTS This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement Performance, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the "Contract Documents") 6. ATTORNEYS' FEES In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party 7 RESOLUTION OF CONSTRUCTION CLAIMS Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1 5 of the Public 1 L:\ca\djm\Agreements\Three Peaks Corporation.PW 3 1.PY20-0135.docx.jn 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 2 L:\ca\djm\Agreements\Three Peaks Corporation.PW 3 1.FY20-0135,docx.jn IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above (SEAL) ATTEST: ne Donaldson, City Clerk City of Redlands Paul T Barich, Mayor (SEAL) Three Peaks Corp Name of Contractor By Signature o Authorized Agent President Title Signature of Authorized Agent (if necessary) Title 941528 Contractor's License No 3 L.\ca\djm\Agreements\Three Peaks Corporation.PW 3 1 FY20 0135.docx.jn WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Facilities & Community Services Department Israel Beal Baseball Field Development Project FCS 10152020JS Every employer, except the State, shall secure the payment of compensation in one or more of the following ways a By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State b By securing from the Director of Industrial Relations, a certificate of consent to self - insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE X I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct Dated this 2nd day ofJune , 2021 (SEAL) Three Peaks Corp (14 President ontractor) (Signature) (Official Title) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract ) 4 L \ca\djm\Agreements\Three Peaks Corporation.PW 3 1.FY20 0135.docx.jn FAITHFUL PERFORMANCE BOND Bond No. 024251351 Premium: $1,522.00 Subject to Adjustment Based on Final Contract Price Whereas, the City of Redlands ("City"), State of California, and Three Peaks Corporation (hereinafter designated as "Principal") have entered into an agreement dated June 15th, 2021 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Israel Beal Baseball Field Development Project and is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and, Three Peaks Corporation, as Surety, are held and firmly bound unto the City in the penal sum of One Hundred Five Thousand Seven Hundred & 00/100 dollars ($ 105,700.00 ) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. *The Ohio Casualty Insurance Company The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered. As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains. Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City's option. 1 Complete the Work in accordance with its terms and conditions; or 2 Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the 5 L:\ca\djm\Agreements\Three Peaks Corporation.PW-3 1.FY20-0135.docx. jn amount set forth above The term "balance of the Agreement price," as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City's objection to the Principal's further participation m 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 penod 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 m any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on May 26 , 2021 Three Peaks Cor Erik Simmo s President (Signature) (SEAL) (Seal and Notarial Acknowledgment of Surety) (SEAL) The Ohio Casualty Insurance Company (Surety) BY L \ca\djm\Agreements\Three Peaks Corporation.PW-3 1.FY20-0135 docx.jn (Signature) Lawrence F McMahon Attomey-in Fact Address 790 The City Drive South, Suite 200 Orange, CA 92868 Telephone ( 714) 634-5712 6 Beal No.4849 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document STATE OF CALIFORNIA County of San Diego On MAY 2 6 2021 before me, Janice R Martin bate } personally appeared Lawrence F McMahon Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) Notary Public, JANICE R MARTIN Notary Public California San Diego County Commission k 2330969 My Comm Expires Jul 29, 2024 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person($/] whose name( is/ '/# subscribed to the within instrument and acknowledged to me that he/Wing executed the same in his/V/ t/,t /Alf authorized capacity(/,#1), and that by his/ Jt/fit signature(/] on the instrument the person(/$/]), or the entity upon behalf of which the person(/ acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Witness my and and official seal Signature OPTIONAL 'Signature iNotary Public Janice R Martin Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Number of Pages Signer's Name ❑ Individual ❑ Individual ❑ Corporate Officer —Title(s) ❑ Corporate Officer —Title(s) ❑ Partner ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing Surety Company RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here Liberty Mutual® SURETY Liberty Mutual Surety 1001 4th Ave Ste 3800 Office 206-473-3533 As part of its business continuity efforts during the pendency of the COVID-19 pandemic, Liberty Mutual Insurance Company ("LMIC") on behalf of itself and the companies listed below has authorized its Attorneys -in -Fact to affix its corporate seal for surety obligations in a digital format in lieu of its traditional raised seal to any bond issued on its behalf by any such Attorney -in -Fact Liberty Mutual Insurance Company Liberty Mutual Fire Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Safeco Insurance Company of Amenca American States Insurance Company Please note that the digital seal utilized by our authorized agents will also include their agency specific reference number LMIC agrees and affirms on behalf of itself and the other companies listed herein, that the digital corporate seal referenced above has the same binding effect when affixed to a bond or a Power of Attorney document as if it were a raised corporate seal Effective this 23rd day of March, 2020 syc144144,-- Renee C Llewellyn, Assistant Secretary Liberty Mutual© SURETY This Power of Attomey limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No• 8197174 KNOWN ALL PERSONS BY THESE PRESENTS That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Janice Martin Lawrence F McMahon, Sarah Myers all of the city of San Diego state of CA each individually if there be more than one named, its true and lawful attorney -in fact to make, execute seal acknowledge and deliver for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of October 2018 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company By David M Carey Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY ss On this 23rd day of October , 2018 before me personally appeared David M Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company and West American Insurance Company and that he, as such being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella Notary Public Upper Merlon Twp Montgomery County My Commission Expires March 28, 2021 Member Pennsylvania Association of Notaries By 10k,e_a,,d ite16) mesa Pastella Notary Public eresa Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows ARTICLE IV — OFFICERS Section 12 Power of Attomey 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 attorneys -in fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds recognizances and other surety obligations. Such attorneys -in fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the 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 the provisions of this article may be revoked at any time by the Board, the Chairman the President or by the officer or officers granting such power or authority ARTICLE XIII — Section 5 Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make execute, seal acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attomeys-in fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shall be as binding as if signed by the president and attested by the secretary Certificate of Designation — The President of the Company acting pursuant to the Bylaws of the Company, authorizes David M Carey, Assistant Secretary to appoint such attorneys -in fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings bonds recognizances and other surety obligations Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds shall be valid and binding upon the Company with the same force and effect as though manually affixed I Renee C Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full true and correct copy of the Power of Attorney executed by said Companies Is In full force and effect and has not been revoked IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 26th day of May 2021 as to 0) N > m 0 _t— Q) o W o aE 0a oa M Qom. 4—-0 C (6 O03 u) O ' O) 000) 70 > U co E c 00 00 U FOo Renee C Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co_062018 Bond No 024251351 Premium Included in Performance Bond LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Three Peaks Corporation (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated June 15, 2021, and identified as Israel Beal Baseball Field Development Project is hereby referred to and made a part hereof; and Whereas, under the terms of the Agreement, Prmcipal 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 Hundred Five Thousand Seven Hundred & 00/100 dollars ($105,700 00 ) 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 m an amount not exceeding the amount heremabove set forth, and also in case suit is brought upon this bond, will pay, m 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 m 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 In witness whereof, this instrument has been duly executed by the Principal and surety above named, on (SEAL) Three Peaks Corp. (Contractor) En im ons President (Signature) May 26 , 2021 (Seal and Notarial Acknowledgement of Surety) 7 (SEAL) The Ohio Casualty Insurance Company (Signature) Lawrence Attomeyin F Fact Mahon cM Address 790 The City Drive South, Suite 900 Orange, CA 92868 Telephone ( 714 ) 634-5712 Seal No. 4841 L \ca\djm\Agreements\Three Peaks Corporation.PW 3 1.FY20-0135.docx.jn CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document STATE OF CALIFORNIA County of San Diego } On MAY 2 6 2021 Date before me, Janice R Martin personally appeared Lawrence F McMahon Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) , Notary Public, i JANICE R MARTINI Notary Public California San Diego County Commission # 2330969 My Comm Expires Jul 29, 2024 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(( whose name* is/tit subscribed to the within instrument and acknowledged to me that he/AMIWEN executed the same in his/OM/Alt authorized capacity(), , and that by hisa4,t W 1ij signature* on the instrument the person*, or the entity upon behalf of which the person(/ ) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Witness my viand and official seal Signature? Signature of Notary Public Janice R Martin ) OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Individual ❑ Individual ❑ Corporate Officer —Title(s) ❑ Corporate Officer —Title(s) ❑ Partner ❑ Limited ❑ General yi Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing - Surety Company RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact LI Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here Liberty Mutual® SURETY Liberty Mutual Surety 1001 4th Ave Ste 3800 Office. 206-473-3533 As part of its business continuity efforts during the pendency of the COVID-19 pandemic, Liberty Mutual Insurance Company ("LMIC") on behalf of itself and the companies listed below has authorized its Attorneys -in -Fact to affix its corporate seal for surety obligations in a digital format in lieu of its traditional raised seal to any bond issued on its behalf by any such Attorney -in -Fact: Liberty Mutual Insurance Company Liberty Mutual Fire Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Safeco Insurance Company of America American States Insurance Company Please note that the digital seal utilized by our authorized agents will also include their agency specific reference number LMIC agrees and affirms on behalf of itself and the other companies listed herein, that the digital corporate seal referenced above has the same binding effect when affixed to a bond or a Power of Attorney document as if it were a raised corporate seal Effective this 23rd day of March, 2020 By. 1,44;76(.144,14N.-- Renee C Llewellyn, Assistant Secretary Liberty Mutual® SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No 8197174 KNOWN ALL PERSONS BY THESE PRESENTS That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name constitute and appoint, Janice Martin, Lawrence F McMahon, Sarah Myers all of the city of San Diego state of CA each individually if there be more than one named, its true and lawful attorney -in fact to make execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of October , 2018 By Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company David M Carey Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY ss On this 23rd day of October , 2018 before me personally appeared David M Carey who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company The Ohio Casualty Company and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public Upper MertonTwp. Montgomery County My Commission Expires March 28, 2021 Member Pennsylvania Association of Notaries By Tpe_46 Ltd& eresa Paslella Notary Public eresa Pastella Public This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company and West American Insurance Company which resolutions are now in full force and effect reading as follows. 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 attomeys-in fact, as may be necessary to act in behalf of the Corporation to make, execute, 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 respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board the Chairman the President or by the officer or officers granting such power or authority ARTICLE XIII — Section 5 Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings bonds, recognizances and other surety obligations Such attorneys -in fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shall be as binding as if signed by the president and attested by the secretary Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M Carey, Assistant Secretary to appoint such attorneys -in fact as may be necessary to act on behalf of the Company to make execute seal acknowledge and deliver as surety any and all undertakings bonds recognizances and other surety obligations Authorization — By unanimous consent of the Company's Board of Directors the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C Llewellyn, the undersigned, Assistant Secretary The Ohio Casualty Insurance Company Liberty Mutual Insurance Company and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full true and correct copy of the Power of Attomey 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 26th day of May 2021 ca a rn a) m -a in a c 03 O — CO 0 LL aE 0 0_ `00 Q � 0 c c O fO 0 uro ▪ Oi osa aci =a � > O a) -C N W CO c°O 00 U Hr Renee C Llewellyn Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 062018