HomeMy WebLinkAboutContracts & Agreements_182-2022PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") is made and entered into this 6th day of
September, 2022, by and between the City of Redlands, a municipal corporation, organized and
existing under the laws of the State of California (hereinafter "City"), and McDonnell Roofing, Inc.
(hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a
"Party" and, together, as the "Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for
the following: Hinckley Water Treatment Plant Roof Replacement Project, complete all items as
required by the Contract Documents (as herein defined) and Specifications for City's Hinckley
Water Treatment Plant Roof Replacement Project — FCS04222022KG (the "Work").
2. CONTRACT SUM: City shall pay Contractor the sum of One Hundred Eighteen Thousand
Threet dollars ($118,003) 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 sixty (60) calendar days
from and after the date of City's issuance of a Notice to Proceed to Contractor.
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
Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications,
and any addenda thereto (collectively, the "Contract Documents").
6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or
conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in
addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees,
including fees for use of in-house counsel by a Party.
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three
hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and
processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public
Contract Code (commencing with Section 20104). All claims shall be in writing and include the
documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code
1
l,:IcalA,greementslMcDonnell Roofing Contract.PW-3.I.FY22-OO14.docjn
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:IcalAgreementssMcDonnell Roofing Contract.PW-3.LFY22-0014,doc jn
IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first
written above.
(SEAL)
ATTEST:
nne Donaldson, City Clerk
Paul T. Barich. Mayor
(SEAL)
C A2W4V/ j117C—,
Name of' Contractor
By:
Signat -e ofAut orized Agent
Title
Signature of Authorized Agent (if necessary)
Title
( 3 3 a
Contractor's License No.
3.
L:tca\AgreementslN1el)onncll Rooting Contract-l'W-3. LFY22-0014 doc.jn
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract:
City of Redlands
Municipal Utilities & Engineering Department
1-Hinckley Water Treatment Plant Roof Replacement Project
FCS04222022KG
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
V 1 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 l become subject to the
workers' compensation laws of California. However, at any time, if 1 employ any person such that 1
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.
1 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
(SEAL)
day ofr
ontract9r)
ature)T
(Official Title)
(Labor Code Section 1 861 provides that the above certificate must be signed and filed by the Contractor with the
Owner prior to perfonning the work of the contract.)
4
I.:1ca\AereementslRnotinn Contract.PW-3.I.FY22-0014.dac.jn
Bond# N/A
Premium: Nil
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS,
That Mc Donnell Roofing, Inc. as Principal, and
The Ohio Casualty Insurance Company as Surety, are held and firmly bound unto the City of Redlands, hereinafter
called City, In the sum of ten percent of amount bid {10(1/0) dollars, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, executors, administrators, surrj sors, and assigns, jointly and severally, firmly by
these presents.
WHEREAS, said Principal has submitted a bid to said City to perform all work required under the
BID FOR HORACE HINCKLEY WATER TREATMENT PLANT ROOFING REPLACEMENT PROJECT — FCSO4222022KG
NOW, THEREFORE, if said Principal Is awarded a contract by said City and, within the time and in the manner required under
the heading "Instructions to Bidders" bound with said Specifications, enters into a written contract on the form of agreement
bound with said Specifications and furnishes the required bonds, one to guarantee faithful performance and the other to
guarantee payment for labor and materials; then this obligations shall be null and void, otherwise It shall remain In full force and
effect. In the event suit is brought upon this bond by said City and Judgment is recovered, said Surety shall pay all costs incurred
by said City in such suit, including a reasonable attomey's fee to be fixed by the court
SIGNED AND SEALED, this 29th day of June , 20 22 .
Mc Donnell Roofing, Inc.
(Principal)
(Signature)
(SEAL)
The Ohio Casualty
Insurance Company (SEAL)
(Surety) r������
By: �4— taco.,
(Signature) Heather WiiIis,Attorney-In-Fact
(Seal and Notarial Acknowledgment of Surety)
Address: P.O. Box 34526
Seattle, WA 98124
Telephone (206) 473-6210
BD-20
FCS04222022 — Horace Hinckley Water Treatment Plant Roofing Replacement Project
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 Orange
On
06/29/2022
Date
}
before me, Erin Sherwood , Notary Public,
personally appeared Heather Willis
Insert Name of Notary exactly as it apcears on the official seal
Name(s) of Signer(s)
ERIN SHEERWOOD r i
1 CC . 022.92388 us
h��7•�t:OTAr.fFUEL C•C1tIFC?MA
rnOhINOc COUNTY
IX( EXFi;ES JAY LY C5 2C23
l
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
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 hand and official seat?
Signature 1
Siyn`dt ire of Notary Public Erin Sherwood
OPTIONAL
Though the information below is not required by taw, it may prove valuable to persons retying 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:
❑ Individual
❑ Corporate Officer —Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
RIGHTTHUMBPRINT
OF SIGNER,
Top of thumb here
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):
❑ 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
Performance Bond
KNOW ALL MEN BY THESE PRESENTS,
Bond No. 24261479
PREMIUM: $1,680
That we McDonnell Roofing, Inc. , as Principal,
(hereinafter called Principal) and The Ohio Casualty Insurance Company , with principal offices in Boston
Massachusetts , as Surety, (hereinafter called Surety) are held and firmly bound unto
City of Redlands
as Obligee, (hereinafter called Obligee), in the amount of
One Hundred Eighteen Thousand Three Dollars And Zero Cents
Dollars $118,003.00 for payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns firmly by these presents.
WHEREAS, the Principal did on September 6, 2022
enter into a contract with said Obligee for
Hinckley Water Treatment Plant Roof Replacement Project
FCS04222022KG
which contract is by reference made a part hereof and is hereinafter referred to as the contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, is such that if the Principal shall indemnify the Obligee against
any loss or damage directly arising by reason of the failure of the Principal to faithfully perform said contract, then this obligation
shall be null and void; otherwise to remain in full force and effect.
This bond is executed and accepted subject to the following conditions:
(1) That the Obligee shall faithfully and punctually perform all the terms and conditions of said contract to be performed by the
Obligee.
(2) That the Obligee shall notify the Surety by registered letter, addressed and mailed to it at its home office, 175 Berkeley
Street, Boston, Massachusetts 02116
of any breach of said contract within a reasonable time after such breach shall have come to the knowledge of the Obligee.
(3) No suit at law or proceedings in equity to recover on this bond shall be instituted after one (1) year from the date of
acceptance of the project.
SIGNED, SEALED AND DATED : September 19, 2022
By:
McDonnell Roofing, Inc.
(Principal)
The Ohio Casualty Insurance Company
By:
Spencer Flake Attorney -In -Fact
Liberty Mutual Surety Claims • P.O. Box 34526, Seattle, WA 98124 • Phone: 206-473-6210 • Fax: 866-548-6837
Email: HOSCL@Iibertymutual.com • www.LibertyMutualSuretyClaims.com
LMS-20302e 02/13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 Orange
On
9-19-22
Date
before me, Lexie Sherwood
personally appeared Spencer Flake
}
Insert Name of Notary exactly as it appears on the official seal
Name(s) of Signers)
, Notary Public,
COMM. #2363681 0
NOTARY PUBLIC - CALIFORNA C
ORANGE COUNTY
MY COMM. EXPIRES JULY 27, �b��
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
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 hand and official seal.
Signature
OPTIONAL
Signature of ot_ Publics Lexie Sherwood
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
❑ Corporate Officer —Title(s):
❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact ❑ Attorney in Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
❑ Individual
❑ Corporate Officer —Title(s):
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer is Representing:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
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: 8205649-971919
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, Charles L.
Flake, David L. Culbertson, Heather Willis, Lexie Sherwood, Spencer Flake
all of the city of Anaheim 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 25th day of May , 2021 .
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 25th day of May , 2021 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 - Notary Seal
Teresa Pastella, Notary Public
Montgomery County
My commission expires March 28, 2025
Commission number 1126044
Member, Pennsylvania Association of Notaries
By: �U.cae)
f
erssa Paslelle. Notary Public eresa Pastella,
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 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 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 — 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, 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 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 19th day of September , 2022 .
Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02/21
Liberty
Mutual
SURETY
PAYMENT BOND
Liberty Mutual Surety
Attention: LMS Claims
PO Box 34526
Seattle, WA 98124
Phone: (206) 473-6210
Fax: (866) 548-6873
Email: HOSCL@libertymutual.com
www.LibertyMutualSuretyClaims.com
Bond Number 24261479 PREMIUM: INCLUDED IN PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that we McDonnell Roofing, Inc.
and The Ohio Casualty Insurance Company , a Boston
, as principal (the "Principal"),
Massachusetts
insurance company, as surety (the "Surety"), are held and firmly bound unto City of Redlands
, as obligee (the "Obligee"), in the
penal sum of One Hundred Eighteen Thousand Three Dollars And Zero Cents
Dollars (S118,003.00 ), for the payment of which sum well and truly to be made,
the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firrnly by these presents.
WHEREAS, the Principal has by written agreement dated the September 6, 2022
entered into a contract (the "Contract") with the Obligee for Hinckley Water Treatment Plant Roof Replacement Project
FCS04222022KG
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly make
payment to all Claimants, as hereinafter defined, for all labor and material used or reasonably required for use in the
performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and
effect.
PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT:
1. A "Claimant" is defined as one having a direct contract with the Principal or with a subcontractor of the Principal
for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and
material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or
rental of equipment directly applicable to the Contract.
2. The Principal and the Surety hereby jointly and severally agree with the Obligee that every Claimant, who has
not been paid in full before the expiration of a period of ninety (90) days (or such lesser or greater time period as
otherwise permitted by relevant law) after the date on which the last of such Claimant's work or labor was done
or performed, or materials were furnished by such Claimant, may sue on this bond for the use of such Claimant,
prosecute the suit to final judgment for such sum or sums as may be justly due Claimant, and have execution
thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit
3. No suit or action shall be commenced hereunder by any Claimant
(a) Unless Claimant, other than one having a direct contract with the Principal, shall have given written notice to
the Principal and the Surety within ninety (90) days (or such lesser or greater time period as otherwise
permitted by relevant law) after such Claimant did or performed the last of the work or labor, or furnished the
last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and
the name of the party to whom the materials were furnished, or for whom the work or labor was done or
performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage
prepaid, in separate envelopes addressed to the Principal and Surety. The Principal may be served at any
place where an office is regularly maintained for the transaction of business, or in any manner in which legal
process may be served in the state in which the aforesaid project is located, save that such service need not
be made by a public officer. The Surety may be served to the attention of The Surety Law Department at the
above -listed address.
(b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the
state in which the project, or any part thereof, is situated, or in the United States District Court for the district
in which the project, or any part thereof, is situated, and not elsewhere.
LMS-20878e 03/18
Page 1 of 2 Rev. 03/04
(c) After the expiration of one (1) year (or such lesser or greater time period as otherwise permitted by relevant
law) following the date on which the Subcontractor provided the last labor and/or materials to the project. If
the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to
sureties as a defense in the jurisdiction of the suit shall be applicable.
4. Surety shall have no liability to any Claimant under this Bond for any amount unless it is due and owing to the
Claimant by the Principal pursuant to the express terms of the contract between the Principal and Claimant or, if
the Claimant does not have a direct Contract with Principal, pursuant to the terms and conditions of the Contract
between the Claimant and the Subcontractor to the Principal. The Bond incorporates all of the Principal's
contractual defenses, including but not limited to pay -if -paid provisions, whereby payment to the Claimant is
subject to the condition precedent of the Obligee's payment to the Principal, and other limitations on amounts
due under the contract between Principal and Claimant.
5. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder, inclusive of the payment by Surety of mechanics' liens, which may be filed of record against such
improvement, whether or not a claim for the amount of such lien be presented under and against this bond.
DATED as of this l9th day of September , 2022
WITNESS / ATTEST
McDonnell Roofing, Inc.
(Principal)
(Seal)
The Ohio Casualty Insurance Company
Bv:
(Surety)
Attoin-Fact
Spencer Flake
LMS-20878e 03/18
Page 2 of 2 Rev. 03/04
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 Orange
On
9-19-22
Date
before me, Lexie Sherwood
personally appeared Spencer Flake
}
Insert Name of Notary exactly as it appears on the official seal
Name(s) of Signer(s)
, Notary Public,
LEXIE SHERWOOD 1
COMM. #2363681 cn
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
�%� MY COMM. EXPIRES JULY 27, 2025
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
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 han4az,
official seal
Signature
OPTIONAL
Pubic/���%/2
Signatury Lexie Sherwood
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
❑ Corporate Officer —Title(s):
❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact ❑ Attorney in Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
❑ Individual
❑ Corporate Officer —Title(s):
(ff 0?l(/
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer is Representing:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
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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 Certificate No: 8205649-971919
West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Charles L.
Flake, David L. Culbertson, Heather Willis, Lexie Sherwood, Spencer Flake
all of the city of Anaheim state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 25th day of May , 2021 .
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
By:
David M. Carey, Assistant Secretary
State of PENNSYLVANIA ss
County of MONTGOMERY
On this 25th day of May , 2021 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 - Notary Seal
Teresa Pastella, Notary Public
Montgomery County
My commission expires March 28, 2025
Commission number 1126044
Member, Pennsylvania Association of Notaries
By: di,li%iz44) Ltd&
rcesa Pastella, Notary Public eresa 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 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 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 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 attomey-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 — 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, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, 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 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 attomey 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 19th day of September , 2022 .
By:
Renee C. Llewellyn, Assistant Secretary
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