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HomeMy WebLinkAboutMark Sauer Construction Inc; 2016-12-05; PKRC597Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT LEO CARRILLO RANCH HISTORIC PARK HACIENDA ELECTRICAL; CONT. NO. PKRC597 This agreement is made on the S-IJJ day of £.-CLf·u..xcJ:>i<A-... , 20.if..e, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Mark Sauer Construction, Inc. whose principal place of business is 19712 Temescal Canyon Road, Corona, CA 92881 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Mick Calarco, (City Project Manager). WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. LEO CARRILLO RANCH HISTORIC PARK HACIENDA ELECTRICAL CONT NO. PKRC597 Page 1 of 9 City Attorney Approved 9/27/2016 Tracking#: FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of may subject the Contractor to an administrative debarment proceeding wherein the contractor m be prevented from further bidding on public contracts for a period of up to five years and that de r. ent by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subco a r from participating in contract bidding. A ;?"" / Signature: 11/8/2016 Print Name: REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1 ,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not less than ........ $1 ,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. LEO CARRILLO RANCH HISTORIC PARK HACIENDA ELECTRICAL CONT NO. PKRC597 Page 2 of 9 City Attorney Approved 9/27/2016 Tracking#: WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within 40 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 80 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Mark Sauer Construction, Inc. 19712 Temescal Canyon Road (name of Contractor) 500572 (Contractor's license number) B-General Building Contractor (5/31/2018) (license class. and exp. date) 1000007034 (DIR registration number) 6/30/2017 (DIR registration exp. date) LEO CARRILLO RANCH HISTORIC PARK HACIENDA ELECTRICAL CONT. NO. PKRC597 Page 3 of 9 (street address) Corona, CA 92881 (city/state/zip) 1-951-279-4245 (telephone no.) 1-951-279-5917 (fax no.) marks@msauer.com (e-mail address) City Attorney Approved 9/27/2016 Tracking#: AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms a9d conditions of this Agreement. CONTRACTOR I f /; ,. /1 { By: .· /. I ,• I I ! ' /' J \ • Of (sl'gn here) Mark Sauer President & CEO (print name/title) By: (sign here) Janene Durham, Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of t.he State of Californ~· ') B~:_/~} (__.. 1 // /1 · c . ;·· /, , ) · L . •,• /I-·""'' .. ~· ASsistant City, a ag~r ~Deputy City Manager { -------. ·------or Department D1rector as authorized by the City Manager (' A TiT EST: /} , 1 "-. i: .... /Y1\.c\ . .A.c: >-K'[(}c 171 Vl.-vt..__i BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!f....§ corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group B Secretary, Assistant Secretary, Group A Chairman, President, or Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ Assistant City Attorney ~ LEO CARRILLO RANCH HISTORIC PARK HACIENDA ELECTRICAL CONT NO. PKRC597 Page 4 of 9 City Attorney Approved 9/27/2016 ~ n_o:ary public ~r other officer completing this certificate verifies only the identity of the md1v1dual who s1gned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 W-<WRW~~~~~~ State of California } County of ~ \11(1 t d.L, On 1\.iavc..!Yl?er-'fM"< Zol~efore me, 1\te(~rceil ('i.rJ c7n 1\.{)j:~:rl l''-'?' ,·c. Date Here Insert Name nd Title of ttfe fficer personally appeared r?: eo t e o e e eo e 6 6 t o A e 1, ... , ••.• , ALEX TORREBLANCA ~ ~~·~··· ·· ·• Commission # 2001611 l ~ ;~:~. , : Notary Public -California ~ z ~oJ;: · Riverside County ~ L .'··~ •· •. M't so~"} :x~r:s ge; t0}~1~~ Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/~ subscribed to the within instrument and acknowledged to me that he/she/~y executed the same in his/her/~ir authorized capacity(ies), and that by his/her/~ir 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 an -------------------------------OPTIONAL------------~~----~~------­ Though this section is optional, completing this information can deter alteration o fraudulent reattachment of this form to an unintended document. Description of Attached Document C..v1 ~"-'-~ Title or Type of Document: Mtl\.:;c f"? 1; 6 W·".J(¢<..1 Document Date: _______ _ Number of Pages: +-Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: /"l<:i~<'~ ..(~" t.e~ [~orporate Officer -TitiBts): 52~:4\ LtA r t::J Partner-D Limited D Gene'ral :..-.:: Individual D Attorney in Fact lJ Trustee D Guardian or Conservator CJ Other: ______________ _ Signer Is Representing: _________ _ Signer's Name: :h., Vl,R. ,-y Ovc 1o ;,t""? ~rporate O_!fic_er.-Titl~(s): Jc~-~.c'i"" L Partner -[_ Ltmtted D General ( · lJ Individual [J Attorney in Fact c= Trustee [J Guardian or Conservator C Other: _____________ ___ Signer Is Representing: _________ _ © 2013 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Tracking#: EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract New Wave Electric 963162 C10 Electrical Wiring 2612 Temple Heights Dr Oceanside 1000001677 Exp 7/30/17 49% Total % Subcontracted: __ 4_9_o/c_o ___ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. LEO CARRILLO RANCH HISTORIC PARK HACIENDA ELECTRICAL CONT. NO. PKRC597 Page 5 of 9 City Attorney Approved 9/27/2016 Bedroom Wing EXHIBIT 8 SCOPE OF SERVICES Tracking#: In the Hacienda bedroom wing, blank off and abandon all existing outlets. Using a surface-mounted wire mold raceway system, provide new surface-mounted outlets to replace the original locations. Add a dedicated outlet inside Leo and Deedie's closet that can support a portable AC unit. There will be new runs of surface mounted conduit at some exterior walls, and at the perimeter of some interior walls. Wall-mounted lighting in all bedrooms will be untouched. Main Wing In the main wing living room, blank off and abandon all existing outlets. Using a surface-mounted wire mold raceway system, provide new surface-mounted outlets to allow for full use of the kitchen, and to plug in the rolling TV cart near the fireplace. Rewire living room wall-mounted lighting sconces per UL standards. Rewire connection to exterior breeze way chandelier with new surface mounted assemblies Breezeway Pendant The existing cord and plug arrangement will be abandoned. In its place, install new surface mounted conduit from the panelboard up to the light fixture, and install a photocell with local switch override at the panel "doghouse" in the breezeway. The light fixture will be given a new socket and cord kit. The new power provided can also be used for the holiday string lights which wrap around the main house. Breezeway chandelier to be on a photo cell that can be over ridden. The chandelier will be rewired per UL standards. Tony's Bedroom Chandelier Take down the existing chandelier in Tony's bedroom and provide new surface-mounted wiring to that location and to replace the existing switch. The light fixture will be given a new socket and cord kit. The chandelier will be rewired per UL standards. Courtyard Take down the five existing courtyard sconces and provide new surface-mounted junction boxes, conduit, and wiring to the existing locations. The sconces will be rewired per UL standards. Install new breakers and GFI at two service panels LEO CARRILLO RANCH HISTORIC PARK HACIENDA ELECTRICAL CONT. NO. PKRC597 Page 6 of9 City Attorney Approved 9/27/2016 Tracking#: Panel Replacement Remove and completely replace the existing panelboards; the new load centers will contain GFI circuit breakers for safety. Exterior Receptacles Costs are included for new conduit, wire, and surface-mounted GFI outlets at two locations on main wing exterior. Rewire Fixtures • Breezeway chandelier • Tony's bedroom chandelier • Dining room chandelier • Livingroom wall sconces • Double sconce in Horsemen's bedroom • Five exterior courtyard sconce lights Provide all patch and paint repairs following electrical work. All other existing lighting not addressed in this scope is to remain as-is. FEE: Agreement amount not to exceed$ 44,980.00. LEO CARRILLO RANCH HISTORIC PARK HACIENDA ELECTRICAL CONT NO. PKRC597 Page 7 of 9 City Attorney Approved 9/27/2016 Premium is for contract term and is subject to adjustment based on final contract price EXHIBIT C Tracking#: Bond Number: 024067855 Premium: $1,349.00 LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Mark Sauer Construction, Inc. (hereinafter designated as the "Principal"), a Contract for: LEO CARRILLO RANCH HISTORIC PARK HACIENDA ELECTRICAL CONTRACT NO. PKRC597 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Mark Sauer Construction, Inc., as Principal, (hereinafter designated as the "Contractor"), and The Ohio Casualty Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of forty four thousand, nine hundred and eighty Dollars ($44,980), said sum being an amount equal to: One hundred percent (1 00%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. LEO CARRILLO RANCH HISTORIC PARK HACIENDA ELECTRICAL CONT NO. PKRC597 Page 8 of 9 City Attorney Approved 9/27/2016 Tracking#: In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. •.[il ( ,I '\,....> Executed by CONTRACTOR this ---=/ ____ _ Executed by SURETY this _7_th _____ day day of A, :_v ( oJb/ /, ~ ••. '. f., ' ( .;-L ' /'II , )/i'i i · . (print name here) . /Wtle and organization of signatory) f '' /;' u ,, ~· ! '~ • • I I ' j ~ By: -f/_(./--L. Ji 'Ali/. j.:..'L;1'._/ ' (sign here) . .-!.--~ '-... , )(l; )(; ic I '{ u/li( JJv of November '20__1§__. SURETY: The Ohio Casualty Insurance Company (name of Surety) 1001 4th Avenue, Suite 1700 Seattle WA 98154 (address of Surety) 206-473-9861 (telephone number of Surety) By: ~~ e . JJ/Wid,v (signature of Attorney-in-Fact) Laurie B. Druck, Attorney-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney / By: (/~£~ Deputy 1ty Attorney LEO CARRILLO RANCH HISTORIC PARK HACIENDA ELECTRICAL CONT. NO. PKRC597 Page 9 of 9 City Attorney Approved 9/27/2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 ) ss. On November 7, 2016 before me, Cynthia J. Young, Notary Public personally appeared Laurie B. Druck Name and Title of Officer (e.g., "Jane Doe, Notary Public") 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 instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES~ my hand and official seal. & OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Document Date: -----------------------------Number of Pages: __________________________ _ Signer~)OtherThanNamedAbove:~~~~~~~~~~~~~~~~~~~~~~~~~- Capacity(ies) Claimed by Signer(s) Signer's Name: _______________________ _ 0 Individual 0 Corporate Officer Title_~~~~~~~~~~~~~~~~ 0 Partner --0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Other:~~~~~~~~~~~~- Signer is representing: RT THUMBPRINT OF SIGNER Top of thumb here Ill (I) .e ' c: II~~ "'C::::s I~ t» ~(I) ~0~ ~"'C ·-nslll 0~ a)o o.e c:ns ~ ... (1) .... C) Ill nsCil Cl ... t:.e 0.5 E ~ ... .e 0~ >. -o rae: >Cil ....... o:; 0 THIS' POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No. 7048616 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, Cynthia J. Young; Frances Lefler; Jay P. Freeman; Laurie B. Druck; Pamela McCarthy; Susan C. Monteon all of the city of San Bernardino , 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 7th day of July , ~- STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company On this~ day of July , 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and 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 my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. «-0"';o::,:r('<< ~C0Mfv1~~§~~;:i~:=8~NNSYLVANIA tl/:'-1 j} + ;! !/ /!! J <"" '? . Te .. resa Pastella. Notary Public By: ~ ~ OF Plymouth Twp., Montgomery County Teresa Pastella, Notary Public "k ,.-My Commission Expires March 28, 2017 -:, '-''~-r;sv~-~~>-"' 0 o,::4Flv p\)<bV Member, Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, 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, 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. {1/l 1 / _ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ·1111 day of N~ , 20..1J,Q__. ~ 'Z.A?/ __ By: -~----''!:...,.c.-----!-",_._..._ __ _ Gregory W. Davenport, Assistant Secretary 305 of 500 LMS 12873 122013 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ')(>~~~~~~ State of California County of e~ V=tfi\ CA_ On No VCt1 btc: 7 (1;.:01 '-oefore me, +-""---UU~--;--=..L.~--.L...J..-~~~...___...'-=+-=¥-'l~+-""--'A~- Oate personally appeared Me. ... '(,, .s-~ vee-c{ ·<t~ -jk,CO re_ Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a subscribed to the within instrument and acknowledgea to me that he/she/~ executed the same in his/her/tpey authorized capacity(ies), and that by his/her/~r 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 an -----------------------------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 . ~(.;•"1.L Title or Type of Document: L.ct..h a\--C(__,.l: b Y'1fi rtL{'tt: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: t1(((t(_ ~...rc..c rz..c0rporate Officer-Title(s): 62~"e.J(t<..;q,t [J Partner -D Limited 0 General [J Individual D Attorney in Fact LJ Trustee D Guardian or Conservator L:J Other:---------------- Signer Is Representing: _________ _ Signer's Name: 7 <....~('\12 Q,uhl1...rL [:J-eorporate Officer-Title(s): Y.cd-i:Mr 0 Partner -0 Limited u General D Individual 0 Attorney in Fact [J Trustee 0 Guardian or Conservator D Other: ______________ _ Signer Is Representing: _________ _