HomeMy WebLinkAboutContracts & Agreements_62-2016 PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this 5`h day of April,
2016, by and between the City of Redlands, a municipal corporation organized and existing under
the laws of the State of California, (hereinafter "City"), and MCC Pipeline, Incorporated
(hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a
"Party" and, together, as the"Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the
following: PALM AVENUE WATER PIPELINE REPLACEMENT PROJECT, complete all
items as required by the Contract Documents (as herein defined) and Specifications for City's
PALM AVENUE WATER PIPELINE REPLACEMENT PROJECT, PROJECT No. 71265.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$155,007.00 as consideration for
its performance of the Work in accordance with the terms and conditions set forth in the Contract
Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit
securities with an escrow agent as a substitute for retention of earnings requirement to be withheld
by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within 60 calendar days from and
after the date of the delivery to Contractor of a written Notice to Proceed by City.
4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time allowed
will result in damages being sustained by City. Such damages are, and will continue to be,
impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or
have withheld from monies due to Contractor, the sum of$500 for each consecutive calendar day
in excess of the specified time for completion of Work.
Execution of the Contract shall constitute agreement by City and Contractor that $500 per day is
the estimated damage to City caused by the failure of the Contractor to complete the Work within
the allowed time. Such sum is for liquidated damages and shall not be construed as a penalty, and
may be deducted from payments due Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set forth
herein, to wit; Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond,
Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General
Requirements,Technical Specifications, and any addenda thereto.
6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the
terms or conditions of the Contract documents, the prevailing Party in such action, in addition to
any costs and other relief, shall be entitled to recover its reasonable attorneys` fees, including fees
for use of in-house counsel by a Party.
CD 1
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of
$375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions
of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104).
All claims shall be in writing and include the documents necessary to substantiate the claim.
Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or
supersede the notice requirements provided in this case from filing claims by Contractor.
$. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its
subcontractors shall abide by California Public Contract Code, Section 6109, and California
Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible
to work on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under
this Contract shall be binding on another Party without the written consent of the Party sought to
be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective
successors and assigns in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
11. SEVERABILITY: Any provision or part of the Contract documents held to be void or
unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon City and Contractor.
CD 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
By:
Mayor, City of Redlands,
County of San Bernardino, California
ATTEST:
City cle,r .it of Redlands
County of San Bernardino, California (SEAL)
Cn .......
Name of Contractor
B
Signature of Authorized Agent
E)
Title
S(gnature of Authorized Agent (if necessary)
Title
9
I ) 2
Contractor's License No.
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities & Engineering Department
PALM AVENUE WATER PIPELINE REPLACEMENT
PROJECT, PROJECT No. 71265
Labor Code, Section 3700, provides, in part that:
"Every en-iployer except the State shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations a certificate of consent to self-
insure, either as an individual employer, or as one employer in a group of employers which may
be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to
self-insure and to pay any compensation that may become due to his or her employees,
.1
am aware of the provisions of Section 3700 of the Labor Code which requires every employer
to be insured against liability for worker's compensation or to undertake self-insurance in
accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work of this contract. (Labor Code section 186 1)
Dated this day of , 2016.
(Contractor)
(Signature)
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the
Contractor with the Owner prior to performing the work of the contract.)
CD 4
s
EXECUTED IN DUPLICATE
BONA NUMBER 024061954
PREMIUM: $3,325.00
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands ("City"), State of California, and MCC PIPELINE INCORPORATED
(hereinafter designated as "Principal") have entered into an agreement dated ,201Lo
("Agreement") whereby Principal agrees to install and complete certain public improvements
(the "Work"), which said Agreement is identified as PALM AVENUE WATER PIPELINE
REPLACEMENT PROJECT,PROJECT No.71265 and is hereby referred to and made a part
hereof; and
Whereas, said Principal is required under the terms of the Agreement to furnish a bond
for the faithful performance of the Agreement, now, therefore, we, the Principal and
THE OHIO CASUALTY INSURANCE COMPANY , as Surety, are held and firmly bound unto the City in
the penal sum of ONE HUNDRED FIFTY—FIVE * Dollars ($ 155,007.00 ——) 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.
*THOUSAND SEVEN AND N0100
The condition of this obligation is such that if the above boundedPrincipal, 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 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
CD 5
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 properly paid by the City
to the Principal.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the
Principal.
Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept
a bid from the Principal for coiripletion 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 herein or the successors or assigns of the City. Any suit under this
bond must be instituted within the applicable statute of limitations period.
The said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Agreement or to the work to be
performed thereunder or the Specifications accompanying the same shall in any way affect its
obligations on this bond. and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terrns 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 APRIL 7, 2016
(SEAQ THE OHIO CASUALTY INSURANCE (SEAL)
MCC PIPELINE, INCORPORATED COMPANY
A
ty)
Y:
H
MICHAEL TONG nature)
(Signature) 8X g RNEY—IN—FACT
I
Addre��: 790 E CITY DR: S. STE 200
(Seal and Notarial Acknowledgenieni el'Surety) ORANGE CA 92868
Telephone: ( 714 ) 634-3311
CD
CALIFORNIA ALL-PURPOSE ACMC O LEG lE CIVIL CODE § 1189
&X_
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 Riverside )
On 1
` before me, R. Na I "Notary Public"
Date Here Insert.Name and Title of the Officer
personally appeared MICHAEL D. STONG
Name(s) of Signer(s)
,
who proved to me on the basis of satisfactory evidence to be the person(;) whose name(o is/Eve
subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in
his/her/their authorizedcapacity(i(K),and that by his/her/tWr signature(!)on the instrument the person(a),
or the entity upon behalf of which the person(x) 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.
R, NAPP' WITNESS my hand and official seal.
MM
Co t
=NOTA
qEQ:
: Moe (Xj y Ju
Signature, r"
Signa a of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document,.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed bySigner(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑Corporate Officer -- Title(s):
❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator El Trustee ❑Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is (Representing:
Econo Fence Inc
R�WwwiM1w44r„n 5 r r„i ° .U e ;rwr / w ,nsm ;. ,' r, * ,w., ,�,� ,4 •,
02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
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 BERNARDINO 'ASHIESH C. PATEL, NOTARY PUBLIC
On Ile lt- sl� 1�,01(2 before me,
Ag)
Date Here Insert Name and Title of the Officer
personally appearedYW L-17611- -111116,10
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person whose name is/am
subscribed to the within instrume t and acknowledged to me that h 0
e $48404 executed the same i
his! it authorized capacity(i s),and that by his! it si on the instrument the person�?),
or the entity upon behalf of whit %
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.
YA
S H sly PATE L
WITNESS my hand a 0 seaseal.E C,
Comrnrssion #2086258
Notary Public-Call
Sari BernardiNo Counly
My Gomm,Expires Ocl 16,2018 Signature
irkSignat re of Notary Public
Place Notary Seal Above_ OPTIONAL ,
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: — Signer(s) Other Than Named Above:
CaPacit0es) Claimed by Signer(s)
Signer's Name: Signer's Name:
El Corporate Officer — Title(s): E Corporate Officer — Title(s):
0 Partner — El Limited El General 0 Partner — 01-imited 0 General
[I Individual 0 Attorney in Fact 0 Individual 0 Attorney in: Fact
El Trustee 0 Guardian or Conservator FJ Trustee O'Guardi:an or Conservator
F]Other: 11 Other:
Signer Is Representing: Signer Is Representing:
@2014 Nationai Notary Association , www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907
EXECUTED IN DUPLICATE BOND NUMBER 024061954
PREMIUM INCLUDED IN
PERFORMANCE BOND
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and
(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 AmL 5 , 201k, and identified as PALM
AVENUE WATER PIPELINE REPLACEMENT PROJECT, PROJECT No. 71265 is
hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commending
the performance of the Work, to file a good and sufficient Labor and Material bond with the.City
of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section
9550) of Part 6 of Division 4 of the Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly
bound unto the City and all contractors, subcontractors, laborers, material men and other persons
employed in the performance of the Agreement and referred to in the aforesaid Code of Civil
Procedure in the sum of ONE HUNDRED FIFTY-FIVE * Dollars ($_155,007.09 for materials
furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance
Act with respect to such work or labor, that said surety will pay the same in an amount not
exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will
pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including
reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be
awarded and fixed by the court, and to be taxed as costs and to be included in the judgment
therein rendered.
THOUSAND SEVEN AND NO1100
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of
any and all persons, companies and corporations entitled to file claims under Title 3
(commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall
become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement or the specifications accompanying the same shall in any
manner affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition.
CD 7
In witness whereof, this instrument has been duly executed by the Principal and surety
above earned, on APRIL 7, 201
(SEAL) (SES L)
MCC PIPELINE, INCORPORATED THE OHIO CASUALTY INSURANCE COMPANY
00
(Signature) 1 9
MICHAEL D ' TONG (Sig
ON THE CIr0 ATTORNSTE —FACT
_ �N
(Seal a.nd Notarial Acknowledgement of Surety) ORANGE, CA 92868
Telephone: (714 ) 364-3311
CD
CALIFORNIA ALL-PURPOSE C L G T CIVIL CODE§ 1189
�`.f",r.a`,"&,d,".4':�;,;""✓k"";.,a...'&,,,,,V.,,`:' .a�i'n ,rA;''"o,,, Y`," '`.",�r" rY .'rc.':n"m"w.. r' :;"`d^"." a ,Y,,.As L„,,.. £°'^ w". .�'� ds4:.am 11k '” :
A notary public or otherofficer 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_,N......_.. Riverside
On L �V before me, R. Na i "Nota Public"
Date Here Insert Name and Title of the Officer
personally appeared MICHAEL D. STONE
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(R) whose name(Z) is/aye
subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in.
his/I /tI)eir authorized capacity(ies),and that by his/her/their signature(o on the instrument the person( ,
or the entity upon behalf of which the person(:) acted, executed the instrument.
II certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
R. 14APPI WITNESS my hand and official seal.
COMM.
977782
tdoT -CAUFORNIA
RMRSIDE COUNTY
7,2016
Signature
Signatr of Notary Public
Place Notary Seal Above
' OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date.
Number of Mages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signers),
Signer's Name: Signer's Name:
El Corporate Officer — Title(s): CI Corporate Officer — Title(s):
❑I Partner — ❑I Limited El General F-1 Partner — O Limited 0 General
Cmm 11 Individual it Attorney in Fact ❑ Individual El Attorney in Fact
El Trustee El Guardian or Conservator ❑Trustee F. Guardian or Conservator
0 Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
Econo Fence, Inc.
MXV„a,„ „ a u; W, a x .ti fir. r M , r W w ,4 a r n. e 4 UR,., !4 Z
02014 National Notary Association •www.NationalNotairy.org 1-800-US NOTARY(1-800-876-6827) Item.#5907
�. tk§ POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED OIVI RED BACKGROUND.C
.w.K � m
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This Powuer 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',
Certiflcate No. 7273676
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company WestAmerican Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duty organized under the Paws 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 Amedcan 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, Jeremy Pendergast; Michael D:Stonq;Rosemary Nappi
all of the city of Riverside state of CA each individually if there be more than one named,its true and lawful attorney-ln-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 duty 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 seats of the Companies have been affixed
thereto this 1st day of March 2016
American Fire and Casualty Company
fA
The Ohio Casualty Insurance Company 0
Liberty Mutual Insurance'Company a
G 1912trot West mencan Insurance Company
0 STATE OF PENNSYLVANIA ss David M.Care Assistant,Secretary r
+� COUNTY OF MONTGOMERY
1st March 2016
On thus day of , before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Eire and H
(D Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company„and West American Insurance Company„and that he,as such,being authorized so to do, ,U
0 execute the foregoing instrument for the purposes[herein contained by signing on behalf of the corporations by himself as a duly authorized officer. L LL
G? > IN WITNESS WHEREOF,I,have hereunto subscribed m name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O r.
p, _ i Nott PENNSYLVANIA ff -' I
P71 COMMONWEALTH OF PENNS Jy//
Ta Q p �avr Notarial Seal, C^1
rc resa��Pasielia.Notary Public B 0'�
OF Plymouth Twp.,Montgomery County �" Teresa Pasteita,Notary Public � C
«0 My Corrimissien'Expires March 28,2017
rte+ Cwlemt)er Penn yluanra,A,saciaCuon of cs
Ngaries
CL
C This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance array C
Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: c
0)rA C°
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 Q r.
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[he Corporation to make,execute,seal, 4+
0,� 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 ' at
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 >
42
,2 2 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.
a.
� 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, cc
> 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,
o 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 —co
Z 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 seall of the Company. When so
executed such instruments shalt 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-
tact 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,Gregory W.Davenport,the undersigned,Assistant Secretary„of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and
West American Insurance Company do hereby certify 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. 11
IN TESTIMONY WHE'RE'OF,I have hereunto set my hand and affixed the seals of said Companies this day of
,mr�q ,'Sr Py 1r€
,-, r Ole",Ir itr v +r
J12 1991 By:
Gregory W.Davenport,Assistant Secretary
y �i'Cp„�.,✓�;,: g °:.rte,e" ^'"` L..rr ,t .�"
20 of 600
LMS '12873 122013
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 BERNARDINO � ASHESH C. PATEL, NOTARY PUBLIC
On (9r 21b before me,
Date Her Insert Name and Title of the Officer
personally appearedV
M1�1 '11)�ul 11�Z-
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( whose name is/
subscribed to the within inst yest and acknowledged to me that helsh v 0
y executed the same
hisMerA04eir authorized'capacity(i s)' and that by his/ it signature on the instrument the person;
j,
or the entity upon behalf of whi the person� acted, executed the jitiument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
YASHESH CATR WITNESS my handan o eat.
ia s
Commission #2086258
0 8T 21,n�8
Notary Punc -californin '
z
San Bernardino lin
Signature
My Comm. Expires Oct 16,2
Signa t4e of Notary Public
Place Notary Seal Above_ OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended 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:
D Corporate Officer — Titie(s): E Corporate Officer — Title(s):
D Partner — n Limited IJ General Cl Partner — [I Limited El General
El Individual 0 Attorney in Fact 0 Individual ED Attorney in Fact
R Trustee FA Guardian or Conservator El Trustee D Guardian or Conservator
0 Other: EJ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907