HomeMy WebLinkAboutContracts & Agreements_87-2016 PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this 3rd day of May,
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: COLTON AVENUE & 6TH STREET PIPELINE PROJECT, complete all items
as required by the Contract Documents (as herein defined) and Specifications for City's
COLTON AVENUE & 6TH STREET PIPELINE PROJECT, PROJECT No. 71.260.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$1,879,916.18 as consideration
for its performance of the Work in accordance with the ten-ns 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 150 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 ironies due to Contractor, the sum of 9500 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 I
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.
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 assigmnent 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 Agreernent the day and year first
written above.
City of Redlands
(SEAL) (Owner)
Mayor, City of is edlands
County of San Bernardino, California
ATTEST:
City Cler it, ofRedlands .....
County of San Bernardino, California (SEAL)
Narne of Contractor
By./"
ign tore of - th6r"Ized Agent
Title
�t=iiature�of -uth4
ignature of Authorize ll Agent (if necessary)
b 0—/1 ...... .......
Title
...........
Contractor"s License No.
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities & Engineering Departi-fient
COLTON AVENUE & 6TH. STREET PIPELINE
PROJECT, PROJECT No. 71260
Labor Code, Section 3700, provides, in part that:
"Every employer except the State shall secure the payment of compensation in one or more of
the following ways:
(a) By being, insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations a certificate of consent to self-
insure, either as an individual employer, or as one employer in a group of employers which may
be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to
self-insure and to pay any compensation that may become due to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer
to be insured against liability for worker's compensation or to undertake self-insurance in
accordance withthe provisions of that Code, and I will comply with such provisions be-fore
commencing the performance of the work of this contract, (Labor Code section 1861)
Dated this day of 2016.
(Contractor)
..........
(Signature)
I') K'
(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
BOND NUMBER 024061957
PREMIUM: $22,299.00
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 May 3,
2016 ("Agreement") whereby Principal agrees to install and complete certain public
improvements (the "Work"), which said Agreement is identified as COLTON AVENUE &
6TH STREET PIPELINE PROJECT, PROJECT No. 71260 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 tile City in the
penal sum of One million eight hundred seventy nine thousand nine hundred, sixteen dollars and
eighteen cents ($1,87'9,916.18) 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,
firrnly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perforrii 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 perfon-ned
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 thejudgment 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
frill, complete, and satisfactory repair and replacements and totally protect the City from loss or-
damage
rdamage 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:
I. Complete the Agreement in accordance with its to 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
CID 5
Agreement price, but not exceeding, including other costs and darnages fbr which Surety may be
liable hereunder, the amount set forth above. The term "balance of the Agreen-tent price," as used
in this paragraph, shall rnean the total amount payable to the Principal by the City under the
Agreement and any modifications thereto, less the aniount 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 defatilt by the
Principal.
Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept
a bid from the Principal for completion of the Work if the City, when declaring the Principal in
default, notifies Surety of the City's objection to the Principal's further participation in the
completion of the Work,
No right of action shall accrue on the bond to or for the use of any person or corporation
other than the City named 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
perfon-ned thereunder or the Specifications accompanying the same shall in any way affect its
obligations on this bond, and it does hereby waive notice of any Such change, extension of time,
alteration or addition to the terms of the Agreement or to the work or to the specifications.
No final settlement between the City and the Principal shall abridge the right of 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
attomeys' fees incurred, with or without suit, in addition to the.above scum.
In witness whereof, this instrument has been duly executed by the Principal and Surety above
named, on MAY 5, 2016.
�kE
MCC PIPELINE, INC., (SEAL) THE OHIO CASUALTY INSURANCE COM NYAL)
(C
el�c YJ By-:�
(Signature) MICHAEL D. TONG, (Siinat re) A TORNEY-IN CT
Address: AO THE CITY D S. STE 20
. ...........
(Sea] and Notarial Acknowledgement of Surety) ORANGE CA 92868
1"elephone; ( 714 ) 634-3311
CD 6
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 Riverside
On 15 J/ before me, R. Nappi ""Nota[y Public"
Date Here,Insert Name and Title of the Officer
personally appeared MICHAEL D. TONG
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(tL) whose name(O is/
subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in
his/her/tf)eir authorized capacity(iat), and that by his/h3tr/their 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. NAPPI WITNESS my hand and official seal.
COMM.#1977782
NOTARY PUBLIC-CALIFORNIA T Signature 4� . /0"044o-
RIVERSIDE COUNTY
My
Comm.ERs ores June,7,2aI6 Signature—ZARotary 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:
0 Corporate Officer — Title(s): 11 Corporate Officer — Title(s):
0, Partner — 0 Limited F1 General F1 Partner — D Limited D General
0 Individual [I Attorney in Fact 0 Individual El Attorney in Fact
Ll Trustee 0 Guardian or Conservator 11 Trustee El Guardian or Conservator
Ej Other; El Other:
Signer Is Representing: Signer Is Representing:
Econo Fence, Inc.
02014 National Notary Assodation - www,NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Itern#5907
CIVIL CODE
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no
ry piablio or other oftioer oorn�rPeting this certificate verities only the identity of the individuai who signed the
document to wvhioh this certifioate is attached, and ncrt the truthfulness„aocuracy,en or validity of that document.
State of California
County of SAN BERN (NO
�
On .9 c�
--__ before me,
Jute
personalty appeared
Here insert Name and Title of the officer
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arne(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person
subscribed to the Within instrume t and acknowledged to me that heX, ( 'Whose narne{
/hent authorized oapaoity(i s), and that /her/ it signature on the in trumen executed hthe same e person J�
or the entity upon behalf of whi the person
acted, executed the i trument.
of the Mate of California that the fore oing P the. fares
I certifyunder P ALT'r"OF PERJURY u
is true and correct g ng paragraph
'PFm�HEH C. P�Tt.
tl� oesmissien 2 SS25�
WITNESS my hand o i seat,
w". s ratary Puia[ic-Lalitoraia
Sari r�ernardirirr County ..-�--.,
iy Ccmcn Sxpires Ltct 3S, CtS signature
Signa re of iota public - _.
Place/Votary Seal,above
OPrIONAL
Though this,section is optional, completing this informatZn can cr eter alterationof the cfocumaent or
fraudulent reattachment of this forma to an unintended document,
Description of Attached Document
Title or Type of Document:
Number of Pages; igner(s) Other Than gamed Above:cement fate:
Capacity(les) Gfaimed by Signer(s)
Si'gner's Name.
El Corporate Officer — Title(s): Signer's Name:
* Partner — CP Limited ED General 0 Corporate 0 icer -- Title(s)
.i Individual El Attomey in Fact 0 Partner — El Limited 11 Genera[
F2 Trustee ]Guaro'ian or Conservator ®Individual Q Attorney in Fact
D Other: 0 Trustee 0 Guardian or Conservator
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eGV1j BOND NUMBER 024061957
PREMIUM INCLUDED IN PERFORMANCE BOND,'
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and MCC
Pipeline, Incorporated (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 May 3, 2016 and identified as
COLTON AVENUE & 6TH STREET PIPELINE PROJECT9 PROJECT No. 71260 is
hereby referred to and rade 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 perfori-nance of the Agreement and referred to in the aforesaid Code of Civil
Procedure in the sum of One million eight hundred seventy nine thousand nine hundred sixteen
dollars and eighteen cents ($1,879,916.18) 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, ti
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.
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 form 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 witnes,s whereof, this instrument has been duly executed by the Principal and surety
above narneda on_ MAY 5, 2016 _a 201&
(S A,L) (SEAT,)
MCC PIPELINE, INC. THE OHIO CASUALTY INSURANCE COMPANY
(
tactor)
) qtr
BYy
(Si ;nture) MICHAEL D. ST1�G, Sig atti ATTORNEY— —FACT
Addres 790 THE CITY R. S. STE 0
Seal and IN,otarial Acicnowlcdgenient of Surety) ORANGE, CA 9286,8
Telephone: (714 ) 634--3311
CD 8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL COE § 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 Riverside
On g,51,511before me, R. Nappi "Nota!y 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(B) whose name(s) is/aYe
subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in,
his/ authorized capacity(iet), and that by his/h-mr/their signature(g)on the instrument the person(,
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.
uwz WITNESS Rmy hand and official seal.
J. fil
Y) COMM.#1 9,i� F 1'1291
'�RNIA
NOTARY PUBLIC.Dore
RIVERSIDE COUNTY Signature
My Cosrim,Expires June?,2016 SignaturEj,df 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 Namea Signer"s Name:
El Corporate Officer — Title(s): 0 Corporate Officer — Title(s):
El Partner — El Limited L1 General El: Partner — 0 Limited El General
* Individual Ll Attorney in Fact [I Individual E Attorney in Fact
*Trustee 0 Guardian or Conservator D Trustee El Guardian or Conservator
1:1 Other.- El Other:
Signer Is Representing: Signer, Is Representing:
Econo Fence, Inc,
02014 National Notary Association -www.National Notary,org - 1-800-US NOTARY(1-8001-876-6827) Item 45907
f4i' '06WEk-60 AW61IR'N"E,Y, I S" h 0 T_VA L"_1D
INTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No,.1273695
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and,The Ohio Casualty Insurance Company are corporations 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, Jerem fender est Michail D.Mort Ftoserna. Na i
all of the oily of Riverside 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 1st day of March 2016
American Fire and Casuafty Company
The Ohio Casualty Insurance Company
919C)1 1991
Liberty Mutual Insurance Company
0 2stmerCan Insurance Company
0
3y:
STATE OF PENNSYLVANIA ss David M.Care Assistant Secretary
COUNTY OF MONTGOMERY
On this 1st day of March 2016
before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and
w 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,
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 rn name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written 0
COMMONWEALTH OF PENNSYLVANIA
o
PA.-,,
<, Notarial Seal
Teresa Pasteila,Notary Public
Ely: 0
Plymouth UP..Montgomery Coun I-V
ty Teresa P,astella,Notary Public
My Commission Expires March 28,201 01
Nay
0 ofion of Notaries 0
W P�l \0 MombW"Fe ri�;lvania Assoc"
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 0)
D Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows:
MM
u 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 IS
3)
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,
5,9 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 QX
- v W
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 Xffl-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 E
-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
J=Cc
0 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 0 6
0 V-
executed such Instruments shall be as binding as if signed by the president and attested by the secretary. W
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,m-
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
obf9ahOnSr
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 vand and binding upon the Company with
the same force and effect as though manually affixed
1,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and
West 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 TEST11MONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this ±k 20 day of
n CA s
' w 1m .t,) (P
1906 0 1919 i9 1991 By:
Gregory W.Davenport,Assistant Secretary
LMS-12873_122013 48 of 500
CIVIL CODE§ lag
rootary public or other o�cer corrbpletirag this certifcate verifies only the identit}r of the individual �+hr�signed t
document to v hath thus certificate is attached, and'neat the trtathfulness,accuracy, or validity of that al who sig he
State of California
County of SAN BERNARDINO )
tini before me, PUBL,IC
Date Here Insert Name and Title of the Officer
personaiiy appeared f
Name(s) ofSigner(s)
who proved to me on the basis of satisfactory evidence to be the
subscribed to the within instrurme t .and acknowledged to me that shun( whose narnnj is/
i /her/ authorized capacity( ), and that executed the same i
or the entity upon behalf of vwhic the pd tho y /her/ r signature ) on the instrument the person
acted, executed'the i trument.
I certify under PENALTY OF PERJURY under the lavas
,� of the State of California that the foregoing paragraph
MASH SH C. rAI is true and correct.
Commission #28755258
., .� WITNESS ropy hand arr oft` ial seal.
i`detar2 Public w California
°
San Sernar&o County "If
,MY rn. Expires Oc� 2 4 Signature
Signat d of Notary Public
Place Notary,Seal Above
f l L
Though this sectidn is notional, corm leting this inforrrrat, can deter alteration of the document or
fraudulent reattachment of this form to an unintended Incarnant.
Description of Attached Document
Title or Type of Document:
Number of Pages: Document gate:
g Signers) Other Than Named above:
apacitXies) Claimed by Signer(e)
Signer's Name:
El Corporate Officer -- Title(s): Signer's Name:
C Partner -- LimitedGeneral0 Corporate 0 icer �- Title(s):
]Individual E-1 attorney in East C� Partner -- 11Limited 0 Camera!
C?Trustee 0 Guardian or Conservator �TrustCi Trust dual 0 attorney In Pact
0 Other: ee 0 Guardian or Conservator
Signer is Representing: � Other:
Signer ds Representing-
ON
02014 National Notary association ® www,NationalNotary,org t-8t7t7-US NOTARY(1-800-876-6827) ltern
#5907